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Contracting Authority (C-9)

Original Implementation: July 18, 1988
Last Revision: January 30, 2007

This policy governs the authority to enter and make contracts, purchases, and agreements of any character on behalf of Stephen F. Austin State University.

  1. No member of the Board of Regents shall enter into the discussion, make motions, or vote on a contract, purchase, or agreement of any character in which the member directly or indirectly has pecuniary interest unless the General Counsel has advised that there is a legally permitted exception to this rule with the Regent making the appropriate public disclosures.

  2. The following items shall be submitted to the Board of Regents for approval at either a regular Board meeting or a special called Board meeting. Each item shall be presented to the Board for consideration. The General Counsel shall review all contracts and agreements prior to signature.

    1. Construction contracts in the amount of $100,000 or more

      1. Architect-Engineer selections

      2. Authority to submit the proposal to the Coordinating Board if the estimated cost (including all cost) is at least $1,000,000 for new construction, $2,000,000 for renovation, or as otherwise required under law

      3. Construction contract awards

      4. Change orders that would increase the cost of the project beyond the amount of the approved budget

    2. Contracts, purchases, and agreements in the amount of $100,000 or more, whether the amount is income or expenditure with the exception of:

      1. Private, governmental, and foundation grants or agreements in which the donor or agency stipulates the purpose for which the funds are to be expended

      2. Materials purchased for resale in auxiliary operations and in central supply

      3. Materials purchased for normal inventory stock for the physical plant operation

      4. Materials purchased for normal inventory stock from operation and maintenance budgets previously approved by the Board

      5. Maintenance service contracts on elevators, computers, office equipment, chillers, and water treatment services

      6. Library subscription services

      7. Recurring printing orders

      8. Contracts and agreements for athletic events, entertainment concerts, Fine Arts events, and other similar activities

      9. Group travel packages for resale to students, faculty and staff, and other similar activities

      10. Materials or services purchased for emergencies resulting from disasters, hazards, and other exigent circumstances

    3. Leases of one (1) year or more, including equipment, involving expected aggregate payments exceeding $100,000

    4. Purchase, sale or exchange of real property

    5. Depository contracts

    6. Food services contracts or service contracts for similar University activities

    7. Architect-Engineer contracts required for projects specified under Subsection 2.a.1.

    8. Contracts and agreements with support or development foundations

    9. Employment of administrative officers, faculty, and non-classified employees

    10. Changes of position status of administrative officers, faculty, and non-classified employees

    11. Dual employment of administrative officers, faculty, and non-classified employees

    12. Leaves of absence for one (1) semester or more

    13. Settlements, consent decrees, and similar actions in litigation (Executive session only, does not require Board action for approval.)

    14. The President shall be delegated the responsibility and authority to enter into contracts, purchases, and agreements for sums less than $100,000, whether the amount is income or expenditure, and to enter into all grants and agreements funded by private individuals, governmental agencies, and foundations without regard to the amount, unless otherwise limited by the Board. At the option of the President, contracts, purchases, and agreements for sums less than $100,000 may be submitted to the Board of Regents for approval. The General Counsel should review and provide legal advice on all contracts or agreements. The department responsible for originating the contract is responsible for maintaining it for the applicable period (minimum of two years).

    15. The President may delegate power to contract, purchase, or enter into agreements of less than $100,000, or amounts over $100,000 to the extent authorized in Section 2.b. of this policy, to other employees of the University. The President will remain responsible for all contracts, purchases, and agreements for sums under $100,000, and for the proper administration of all grants and agreements funded by private individuals, governmental agencies, and foundations, regardless of delegation of power to contract, purchase, or enter into agreements. In the absence of the President, or at such time as the President is unavailable to sign a document by a required deadline, the following individuals are authorized to sign on his behalf : (listed in order of priority) Provost and Vice President for Academic Affairs, Vice President for Finance and Administration, Vice President for University Affairs, Vice President for University Advancement, Associate Provost. All other delegations must be specific and in writing to be effective.  The General Counsel should review and provide legal advice on all contracts or agreements.

    16. All delegations of contracting authority to persons other than those listed above which were made by a previous President shall be void once a new President assumes office.

 

Cross Reference: None

Responsible for Implementation: President

Contact for Revision: President

Forms: None