Go back

4:002 Delegation of Authority for Approval and Execution of Contracts and Agreements

 

Austin Peay State
University
Delegation of Authority for Approval and Execution of Contracts and Agreements

POLICIES
Issued:  March 27, 2017

Responsible Official:  Vice President for Finance and Administration

Responsible Office:  Procurement and Contract Services
 

 


Policy Statement


Any type of agreement that obligates the University to provide payment, services, goods or use of University properties, facilities or other resources to an external party (hereinafter “contracts”) must be executed by the President or designee.  Only the President and those specific individuals authorized in this policy or in writing by the President, through published policies or other authorizing documents, have the authority to enter into contracts on behalf of the University. The Vice President for Finance and Administration shall be responsible for the development and administration of procedures to ensure compliance with this policy.

Contracts may require additional time for review by Procurement and Contract Services or Research and Sponsored Programs before being executed by an authorized University official. Individuals who execute contracts that are not authorized to do so may be subject to disciplinary action, including termination.


Purpose


To describe the requirements, procedures, and approval processes for University contracts and to define the delegation of authority deemed necessary and appropriate for the efficient administration of the University.


Contents


Procedures
- Contract Procedures
- Contract Approval Process
- Execution/Signature Authority

Related Forms
- Justification for Non-Competitive Purchases and Contracts

Links
- TBR Guideline G-030
- TBR Policy 1:03:02:10
- TBR Policy 1:03:02:20
- APSU Policy 4:013
- APSU Contract Services Website
- Tennessee General Assembly Fiscal Review Committee


Procedures


Contract Procedures

Contract/Agreement approval forms are routed electronically through Govs e-Shop and can be found under forms. The approval form allows departments to complete the form and, if required, attach vendor contract/agreement to allow Procurement and Contract Services to prepare the contract. All proposed contracts, even those using the standard form, must be reviewed by the department chair/activity head and University official responsible for monitoring the contract. A person initiating a contract is responsible for (1) the contract meeting programmatic and University mission and operational requirements; (2) the contract being in the best interests of the University; (3) ensuring that the contract is in compliance with the obligations it places on the University; and (4) the contract is fiscally prudent.

For all non-competitive (sole source) contracts, a justification for sole source procurement must be attached to the routing form. The Justification for Non-Competitive Purchases and Contracts form is available on the Contracts Administration website at http://www.apsu.edu/procurement/forms.  

Once submitted the form will electronically route to all required approvers. All contracts/agreements, including expenditure and revenues contracts, are initially reviewed or prepared by Procurement and Contract Services. Contract Services will consult with the Office of Legal Affairs as appropriate regarding non-standard contract language.

Contract Approval
Process

The following guidelines apply to contracts between Austin Peay State University and any external party.

  • All proposed contracts of $10,000 or more must be competitively bid unless adequate "sole source" justification is provided.
  • Before any $50,000 and above contract/purchase order is executed, the associated budget amount must be approved by the appropriate Vice President.
  • All proposed contracts shall be approved prior to execution and the effective start date.
  • If the other party or contractor is a corporation, its name must be stated in the contract exactly as it appears in its charter. The person executing on behalf of the corporation must have legal authority to do so, and his/her title/position should be shown on the signature page. If the other party is a state agency, signature approval lines are necessary for the Department Commissioner or official of equivalent rank.
  • The President or those specific individuals authorized in this policy (see below) must execute all University contracts. The authority to execute contracts cannot be delegated.
  • The Chancellor must execute certain contracts in conformance with this policy.
  • Prior approval of Fiscal Review Committee is required for all non-competitive (i.e., "sole source") contracts of a total value of $250,000 or more, and for a term greater than one (1) year.  This process requires submission to Fiscal Review Committee at least 75 calendar days prior to the effective start date.

All proposed contracts must be reviewed and approved by the department chair/activity head or higher and Procurement and Contract Services before the contract will be executed by the President or other authorized officials.  Please refer to the Procurement and Contract Services website for more information regarding Contract Services. (http://www.apsu.edu/procurement)

Execution/Signature
Authority

Chancellor or designee is the final approver and executing authority within the system for any contract which is prepared consistent to this procedure and shall execute:
  • Contracts, including grant agreements, that do not conform to this procedure;
  • Dual services agreements in which the Tennessee Board of Regents ("TBR") Central Office is the vending or procuring party;
  • Real property agreements, unless listed below as approved by a University official;
  • Any agreement required to be approved by the Chancellor under TBR Approval of Agreements Policy 1:03:02:10;
  • The primary operating agreement between the University and its foundation and any other agreement between the University and its foundation that does not conform to the requirements of this policy;
  • Banking and other financial services agreements; and
  • Any other agreement, including purchase orders, for more than $249,999.99 in annual revenue or expense, except grant agreements that conform to this procedure.
The President shall execute all contracts requiring TBR approval.  For contracts not requiring TBR approval, the President delegates to the following University officials the authority to execute contracts on behalf of the University, subject to applicable restrictions contained in the aforementioned TBR policy and guideline: 
  1. Vice President for Finance and Administration:
    1. Agreements to purchase goods and services that do not exceed $249,999.99;
    2. Employment contracts arising in his/her area of responsibility;
    3. Moving Expense Agreements in his/her area of responsibility;
    4. Banking Agreements;
    5. Construction Agreements;
    6. Post Retirement Agreements;
    7. Clinical Affiliation Agreements;
    8. To execute purchase orders in an amount up to $249,999.99; and
    9.  Requests to designate individuals participating in a University authorized volunteer program as University volunteers, pursuant to Tenn. Code Ann. § 8-42-101(3)(B), and to register their status as volunteers with a Board of Claims.
  2. Associate Vice President for Finance
    1. Contracts that do not exceed $99,999.99 which include:
      1. Personal, professional, and consultant services agreements and dual services agreements not requiring TBR approval;
      2. Trademark license agreements;
      3. Continuing education and public service short training course and space use agreements;
      4. Use of Facilities Agreements;
      5. Lease Agreements;
      6. Clinical Affiliation Agreements; and
      7. Other agreements of similar nature which do not require the President's and/or TBR's approval
    2. All documents related to the purchase of goods and services and others of similar nature which are repetitive;
    3. To execute purchase orders in an amount up to $99,999.99; and
    4. Authorized to execute and submit Federal post-award financial reports on behalf of the University, including certifying the truth, completeness, and accuracy of annual and final fiscal reports or vouchers requesting payment under such awards, the accuracy of time distribution reports, and the expenditures, disbursements and cash receipts were for the purposes and objectives set forth in the award’s terms and conditions, and required under Title 2 Code of Federal Regulations, Part 200.
  3. Director of Procurement and Contract Services:
    1. Contracts that do not exceed  $49,999.99 which include:
      1. Personal, professional, and consultant services agreements and dual services agreements not requiring TBR approval;
      2. Trademark license agreements;
      3. Continuing education and public service short training course and space use agreements;
      4. Use of Facilities Agreements;
      5. Lease Agreements; 
      6. Clinical Affiliation Agreements; and
      7. Other agreements of similar nature which do not require the President's and/or TBR's approval
    2. All "Justification for Non-Competitive Purchases and Contracts" forms
    3. All documents related to the purchase of goods and services and others of similar nature which are repetitive
    4. To execute purchase orders in an amount up to $49,999.99
  4. Contract Specialist
    1. Contracts that do not exceed  $9,999.99 which include:
      1. Personal, professional, and consultant services agreements and dual services agreements not requiring TBR approval;
      2. Trademark license agreements;
      3. Continuing education and public service short training course and space use agreements;
      4. Use of Facilities Agreements;
      5. Lease Agreements;
      6. Clinical Affiliation Agreements;
      7. To execute purchase orders in an amount up to $9,999.99; and
      8. Other agreements of similar nature which do not require the President's and/or TBR's approval. 
  5. Associate Provost for Grants and Dean of the College of Graduate Studies:
    1. All graduate assistant contracts; and
    2. Research Grants/Contracts
  6. Appropriate Academic Dean:
    1. Notice of appointments and employment agreement for tenure-track faculty;
    2. Notice of temporary employment and agreement of employment for Faculty;
    3. Notice of employment of adjunct; and
    4. Notice of appointment and agreement of employment for non-faculty personnel.
  7. Appropriate Associate Vice Presidents/ Director/Executive Director/Vice President for Student Affairs/Vice President for Advancement, Communication, and Strategic Initiatives/University Attorney:
    1. Employment contracts arising in his/her area of responsibility; and
    2. Moving Expense Agreements arising in his/her area of responsibility.
  8. Director of Athletics:
    1. Employment contracts arising in his/her area of responsibility;
    2. Moving Expense Agreements arising in his/her area of responsibility;
    3. Athletic Game/Match Agreements; and
    4. Athletics Sponsorship Agreements
  9. Provost and Vice President for Academic Affairs: 
    1. Study Abroad Agreements;
    2. Memorandums of Understanding (MOU) with other schools regarding exchange of students and/or faculty;
    3. Post Retirement Agreements;
    4. Professorship Appointments;
    5. Academic Articulations Agreements;
    6. All duties relative to intellectual property;
    7. Employment contracts arising in his/her area of responsibility; and
    8. Moving Expense Agreements arising in his/her area of responsibility.

Related Forms


Justification for Non-Competitive
Purchases
and Contracts
http://www.apsu.edu/procurement/forms

Links


TBR Guideline G-030

https://policies.tbr.edu/guidelines/contracts-and-agreements

TBR Policy 1:03:02:10

https://policies.tbr.edu/policies/approval-agreements

TBR Policy 1:03:02:20

https://policies.tbr.edu/policies/delegation-authoritysignature-authorization

APSU Policy 4:013

https://www.apsu.edu/policy/contracts-4013

APSU Contract Services Website

http://www.apsu.edu/procurement

Tennessee General
Assembly Fiscal Review Committee

http://www.capitol.tn.gov/joint/committees/fiscal-review/


Revision Dates


APSU Policy 4:002 (previously 1:010) – Rev.: March 27, 2017
APSU Policy 4:002 – Rev.: September 19, 2016
APSU Policy 4:002 – Rev.: July 1, 2016
APSU Policy 4:002 – Rev.: May 8, 2014
APSU Policy 4:002 – Issued: April 4, 2008


Subject Areas:

Academic Finance General Human
Resources 
Information
Technology 
Student
Affairs 
  X X      

 


Approved


President: signature on file