Authorization of Contracts and Leases - 5B1
Following are the steps necessary to provide proper authorization for contractual agreements requiring commitments on behalf of the University. The President, the Chancellor, the Associate Provost for Research, the Purchasing Agent, and others with designated authority from the Chancellor, are the only University officers who can legally contract for or commit the University. It is essential that the contractual arrangements governing the matters cited below be processed as stated. All of the following must be submitted to the Office of General Counsel for legal review and approval before execution and/or processing by Purchasing.
- Contracts for Leases and/or Rental of Real Property shall be forwarded to the Office of General Counsel after approval by the Vice Chancellor for Administration. Such contracts must be approved by the Chancellor or designee, and the SIU President.
- Professional and/or Artistic (performance) contracts shall be signed by the Professional (or a designated representative) and be accompanied by a purchase requisition (for contracts over $5,000) or an Accounts Payable Invoice Distribution Form (for transactions under $5,000) signed by the appropriate functional area head, forwarded to the Office of General Counsel for review, and to Purchasing for processing.
- Formal agreements or contracts for lease or rental of equipment shall be forwarded to the Office of General Counsel for review, signed by a representative of the issuing company and forwarded with a purchase requisition (for contracts of $5,000 or more) or an Accounts Payable Invoice Distribution Form (for transactions under $5,000) to Purchasing for processing. Only the Purchasing Agent is authorized to sign such agreements or contracts on behalf of the University.
- Affiliation agreements shall be forwarded through the respective Dean or unit head and then through the functional area head to the Office of General Counsel for approval.
- Extramural Sponsored Contracts wherein the University receives external funds for services must be reviewed by the department head or supervisor, the appropriate Dean or Director, forwarded to the Office of General Counsel for review and then forwarded to the Office of Research and Projects for review and processing.
- Subgrants, subleases, and other sub-agreements wherein the University intends to reimburse the recipient with extramural funding must be coordinated through the Office of Research and Projects. The Office of Research and Projects will advise on the appropriate contractual vehicle and negotiate on the University's behalf with review by General Counsel.
- Contracts/Memoranda of Understanding (MOU's) with foreign entities must be forwarded to the Office of General Counsel for review and signed by the Chancellor and the SIU President.
- Faculty-Staff Contracts shall be forwarded through channels to the appropriate functional area head, then to the Director of the Office of Human Resources (or Chancellor as appropriate) and, if required, to the President and the Board of Trustees. Such contracts are not effective until approved by the Chancellor and, if required, by the President and/or Board of Trustees. Any contract involving extramural funding must first be routed to the Office of Research and Projects for review and approval.
- Software Contracts must be reviewed by Information Technology Services (ITS), and then forwarded to the Office of General Counsel for review. Contracts with vendors using offsite storage and/or handling of SIUE owned data classified as High-Risk or Confidential by SIUE Information Security Policy - 2D2 (http://www.siue.edu/policies/2d2.shtml) must pass a Security review by ITS before approval. Contract proposals and renewals of this type will require approval of the Chief Information Officer or Chief Information Security Officer under the criteria established by the ITS Software as a Service requirements (http://www.siue.edu/its/is/cloudsoftware.shtml) before being processed by Purchasing.
- All other contracts shall be forwarded to the Office of General Counsel for review and legal approval, and the Purchasing Agent for processing and signature.
Approved by Chancellor effective 6/9/15
This policy was issued on June 10, 2015, replacing the April 30, 2015 version.
Document Reference: 5B1
Origin: OP 5/17/82; EB 16-15; OP 11/5/90; GR 14/15-01; OC 6/9/15