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Contractual Matters

Authorization of Contracts and Leases - 5B1

The following are the steps necessary to provide proper authorization for contractual agreements requiring commitments on behalf of the University. The President, the Chancellor, the Vice Chancellors, the Director of Purchases, and others with delegated 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. Individuals who sign contracts on behalf of the University without delegated authority may be held personally liable under the contract and for any damages caused to the University and may be subject to discipline, up to and including termination.

  1. Contracts for Leases and/or Rental of Real Property shall be forwarded to the Director of Purchasing for review and approval per SIU Board Policy 5C.
  2. Professional and/or Artistic (performance) contracts shall be forwarded to Purchasing, which send them to the Office of General Counsel for review. Once the terms are agreed to by the parties the contract should 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, and submitted to Purchasing for processing and execution.
  3. Formal agreements or contracts for lease or rental of equipment shall be forwarded to the Office of General Counsel for review. Once the terms are agreed to by the parties the contract should be signed by an authorized 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 and execution. Only the Director of Purchases is authorized to sign such agreements or contracts on behalf of the University.
  4. Affiliation agreements shall be forwarded  for review and approval through the respective Dean or unit head and then through the functional area head to the Office of General Counsel for approval.
  5. Contracts/Agreements/Grants funded by external organizations that meet the definition of sponsored project in Policy 1M13 Determining Funding Classification shall be managed by the Office of Research and Projects per Policy 5B2 Review and Approval of Externally Funded Projects. The Office of Research and Projects will advise on the appropriate contractual vehicle and negotiation on the University's behalf with review by General Counsel. A fully executed contract is required before work begins.
  6. Subgrants, subleases, and other sub-agreements where the University intends to reimburse the recipient with funding from a sponsored project as defined in Policy 1M13 Determining Funding Classification shall be managed by 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. A fully executed contract is required before work begins.
  7. 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.
  8. 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.
  9. Software Contracts must be reviewed by Information Technology Services (ITS); and the Director of Export Control. 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 must pass a Security review by ITS before approval. This may be accomplished by completing the Risk Assessment form and submitting to Purchasing for review by ITS Security Review personnel. 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 before being reviewed by the Office of General Counsel or forwarded for processing and execution by Purchasing.
  10. All other contracts shall be forwarded to the Office of General Counsel for review and legal approval prior to execution in accordance with the procedures set forth by the Office of General Counsel from time to time.

Approved by Chancellor effective 3/27/23.
This policy was issued on May 12, 2023, replacing the July 13, 2021 version.
Document Reference: 5B1
Origin: OP 5/17/82; EB 16-15; OP 11/5/90; GR 14/15-01; OC 6/9/15; GR 17/18-17; OC 3/2/20; GR 20/21-21; GR 22/23-02

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