CONTRACTS

Contract Administration Policy

(Adopted by the Board of Regents on June 14, 2002)
 

Overview | Contract Administration | Approval Procedures

Contracts are agreements that create an obligation to do or not to do a particular thing. This policy establishes the process for Texas Southern University personnel to approve, sign and execute contracts committing the University to performance of any act. All contracts entered into by the University, unless specifically excluded by this or another policy adopted by the Board of Regents, are subject to this policy, including all original contracts, amendments, alterations, modifications, corrections, changes and extensions. All policies in conflict with this policy are hereby superseded to the extent of such conflict.

1.   The authority to enter into contracts on behalf of the University must be expressly written pursuant to the policies of the Board of Regents and this policy. All contracts must contain a written statement that the person signing on behalf of Texas Southern University and on behalf of the Contractor have the authority to execute the agreement according to its terms on behalf of the parties.

2.   All contracts must be submitted to the Office of General Counsel (OGC) before execution for review and approval as to form and legal sufficiency. If the vendor provides a contract form, attach the University's standard clause addendum form before submitting to the OGC.

3.   The following contracts must be submitted to the Board of Regents for approval:

a.         Contracts for construction and rehabilitation projects in amounts over $100,000 for new construction, repair, and rehabilitation. If a change order increases the value of a contract to over $100,000, the regents must approve the change order.

b.         Contracts which involve a stated or implied consideration of more than $100,000 or have a primary term longer than five (5) years, excluding:

i.          sponsored research contracts and grants, and

ii.         contracts, which are processed through state, contract, state catalogue, or the appropriate bid process in accordance with General Services Commission requirements.

c.         Contracts granting rights in real property owned by the University, other than:

i.          residential leases, and

ii.         licenses, which do not transfer any interest in the real property.

d.         Contracts with an entity in which a member of the Board of Regents holds stock and/or serves as a director; and

e.         Any type of contract not addressed in approved contract administration procedures.

4.   The President is authorized to approve all contracts not reserved for approval by the Board and may delegate authority to the extent such authority is delegated by the Regents to the President.

5.   The President, on behalf of the Board of Regents, is expressly delegated the authority to sign any contracts that the Board has officially awarded.

6.   This policy covers the following documents, which are all construed to be contracts, and designates the following individuals to sign contracts:

a.         Affiliation agreements: President or Provost.

b.         Architect/Engineer agreements:

i.          Over $100,000: Board of Regents.

ii.         $100,000 or less: President.

c.         Agreements for acquisition of goods and services:

i.          Over $100,000: Board of Regents.

ii.         $100,000 - $50,000: President.

iii.       Under $50,000: Director of Purchasing or Vice President in charge of the department.

d.         Agreements for athletic events and contests: Vice President or Finance.

e.         Consultant/professional services agreements:

i.          Over $100,000: Board of Regents.

ii.         $100,000 - $50,000: President.

iii.       Under $50,000: Director of Purchasing or Vice President in charge of the department.

f.          Donor agreements: President.

g.         Confidentiality/non-disclosure agreements committing TSU: resident.

h.         Contracts:

i.          Over $100,000: Board of Regents.

ii.         $100,000 - $50,000: President.

iii.       Under $50,000: Director of Purchasing or vice president or dean in charge of the department or school.

i.          Contracts for purchase of real property: President.

j.          Educational Testing Services agreements: Vice President for Institutional Effectiveness.

k.         Employment agreements with faculty: Provost.

l.          Employment agreements with staff: President or Provost.

m.        Equipment lease or purchase agreements: Vice President for Administration.

n.         Federal/State program participation agreements (grants and contracts): Provost, Dean of the Graduate School and/or Vice President for Institutional Effectiveness.

o.         Federal/State regulatory agreements: President.

p.         Housing agreements: Associate Provost for Student Services or Vice President for Finance.

q.         Instructional agreements: Provost.

r.          Intellectual property agreements: President or Provost.

s.         Inter-agency agreements: President.

t.          Lease agreements:

i.          Over $100,000: Board of Regents.

ii.         $100,000 or less: President.

u.         Legal settlements: Board of Regents.

v.         Licensing agreements: President.

w.        Maintenance agreements: Vice President for Administration.

x.         Memoranda of Agreement: President.

y.         Permits, licenses, declarations and applications filed with regulatory agencies: Vice President for Administration.

z.         Physical plant construction projects:

i.          Over $100,000: Board of Regents.

ii.         $100,000 or less: President.

aa.       Purchase orders (local funds):

i.          Over $100,000: Board of Regents.

ii.         $100,000 - $50,000: President.

iii.       Under $50,000: Director of Purchasing or vice president or dean in charge of the department or school.

bb.       Purchase orders (state funds):

i.          Over $100,000: Board of Regents.

ii.         $100,000 - $50,000: President.

iii.       Under $50,000: Director of Purchasing or vice president or dean in charge of the department or school.

cc.       Real property leases: President.

dd.       Sales agreements: Vice President for Administration.

ee.       Services agreements: Vice President for Administration.

ff.         Site use agreements: Vice President for Administration or Executive Vice President.

gg.       Software licensing agreements: Vice President for Administration.

hh.       Special events contracts: Vice President for Administration or Executive Vice President.

ii.         Technology transfer agreements: Vice President for Administration.

jj.         Vending contracts: Vice President for Administration.

7.   Any authority not expressly delegated by this policy remains with the President and/or Board of Regents.

8.   Contracts reviewed and authorized before the adoption of this policy shall remain in full force and effect; however, any modification or extension of such contracts shall be reviewed and authorized in accordance with this policy.

9.   Before any procurement of goods and services that will exceed $25,000, the agency/university must place a notification on the State Electronic Business Daily as maintained by the Texas Department of Economic Development. This notification must precede the bidding, offering or vendor selection process by the period specified in Chapter 2155, Government Code.