UPPS 03.04.02 - Contracting Authority
UPPS No. 03.04.02
Issue No. 8
Effective Date: 10/09/2018
Next Review Date: 12/01/2022 (E4Y)
Sr. Reviewer: Vice President for Finance and Support Services
This policy identifies persons who may sign contracts on behalf of Texas State University. This document also establishes policy for obligating the university to external entities, regardless of whether the commitment is written or oral, or whether the commitment involves financial considerations.
The president has authority to enter into contracts on behalf of the university provided that the contract does not require approval from the chancellor or The Texas State University System (TSUS) Board of Regents (see UPPS No. 03.04.04, Processing, Approving, and Executing Contracts, Purchases, and Agreements).
This policy does not apply to instances in which university employees or students, acting individually, provide volunteer services outside their regular duties or academic coursework.
All university contracts must be in writing and must name Texas State as a party. Divisions, colleges, departments, institutes, centers, and offices shall not enter into contracts in their own names.
This policy does not apply to gift agreements or memoranda of understanding involving donor agreements with the university.
Chapter III, Paragraph 19.3 of the TSUS Rules and Regulations requires central review and oversight of all university acquisitions of information technology by the vice president for Information Technology (VPIT) or designee, “including, but not limited to, computing hardware, software, and hosting services, regardless of source of funds.” Administrative heads shall consult with the VPIT prior to executing contracts involving the procurement of technology products or services. The Office of Procurement and Strategic Sourcing will ensure and document that VPIT approval has taken place.
- Primary contracting official – the university president.
PROCEDURES FOR DELEGATING AUTHORITY
The primary contracting official may delegate signature authority to specific positions. Delegations can be found in the Delegated Signature Authority List. Only the primary contracting official, or delegates as explicitly allowed, shall sign contracts regardless of the amount.
The written delegation must:
identify the person, position, or group of positions to which authority is delegated;
identify the contracts or types of contracts contemplated in the delegation;
specify the length of time for which the delegation is valid, with the understanding that the delegation may continue indefinitely until revoked;
specify any conditions or special instructions associated with the delegation; and
be submitted to the Office of Procurement and Strategic Sourcing for inclusion on the Delegated Signature Authority List, which shall serve as the authoritative source for all delegations.
The president may revoke delegated authority at any time by giving written notice of revocation to the delegated person and the vice president for Finance and Support Services (VPFSS).
The delegate holding the authority may decline or relinquish that authority only by sending a written notification to the primary contracting official with a copy to the VPFSS.
The VPFSS will maintain the list of delegates to whom authority to sign contracts is currently delegated. The list shall be published on the VPFSS website.
A contract signed by an unauthorized person is not binding on the university. A person who signs without proper authorization may be personally liable for any damages incurred by the university or the state and may be subject to disciplinary action up to and including termination.
REVIEWERS OF THIS UPPS
Reviewers of this UPPS include the following:
Position Date Vice President for Finance and Support Services December 1 E4Y Associate Vice President for Financial Services December 1 E4Y Director, Office of Procurement and Strategic Sourcing December 1 E4Y
This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.
Vice President for Finance and Support Services; senior reviewer of this UPPS