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| SUBJECT: |
FINANCIAL AFFAIRS |
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EFFECTIVE: June 04, 2008 |
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| Procedure: 840 Contracts |
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- Each institution shall adopt procedures governing contract review and execution. Procedures must include a requirement that all contracts, except standard form contracts and other documents previously reviewed, are reviewed by legal counsel or other qualified person delegated that responsibility. Institutions shall delineate authority for executing contracts and contract amendments. Procedures must also include a requirement that legal or other review and approval as to form and legal sufficiency is noted on a contract or attachment and that institution employees may not execute a contract without that approval. No payment may be made under a contract or contract amendment or extension prior to execution by an authorized institution officer.
- The NDUS general counsel shall review all contracts entered into by the board, chancellor or university system office. Except as provided in section 3 of this procedure or as specifically authorized in writing by the chancellor, the chancellor shall approve and sign all contracts to which the university system (including System Information Technology Services (SITS) and other system entities) is a party. Contracts must be accompanied by such supporting documentation as may be required to enable the employee signing the document to ascertain that funds are available to meet contract obligations and applicable procedures were followed.
- Subject to required legal review and confirmation of approved funding, authority to approve and sign contracts or contract renewals within the university system office, excluding employment contracts, is delegated as follows:
- The vice chancellor for administrative affairs is authorized to sign any contract;
- The director of finance is authorized to sign vouchers, purchase orders or other contracts involving expenditure of funds not to exceed $250,000;
- The NDUS chief information officer is authorized to sign vouchers, purchase orders and contracts involving expenditure of funds not to exceed 250,000; and
- The vice chancellor for academic affairs, vice chancellor for strategic planning and CTEC executive director, the executive director for academic research & learning technologies and ConnectND executive director are authorized to sign purchase orders or other standard or routine contracts involving expenditure of funds not to exceed $25,000.
- Delegation of contract signing authority does not extend to amendments or change orders to contracts for which signing authority is not delegated; authority to sign contract amendments and change orders rests with the officer or employee authorized to sign the contract being amended or changed.
- Except as otherwise provided in this section 5, the chancellor is the appointing authority responsible for all hiring or termination decisions involving system office employees. The vice chancellor for administrative affairs is the appointing authority for the NDUS chief information officer and System Information Technology Services (SITS) employees, NDUS director of finance, NDUS accountant, NDUS director of financial reporting and NDUS director of financial aid. The vice chancellor for academic and student affairs is the appointing authority for the NDUS academic affairs associate and director of research, director of Follow-up Information on North Dakota Education and Training (FINDET) and FINDET employees, director of NDUS Online (NDUSO) and NDUSO employees, NDUS director of articulation and transfer, state approving agency (SAA) director and coordinator of multicultural education and SAA employees, and director of the Higher Education Consortium for Substance Abuse Prevention (HECSAP) and HECSAP employees.
- Appointment or hiring of new employees in the system office, excluding SITS employees for positions covered by a service agreement between the NDUS and NDSU, shall comply with written procedures approved by the chancellor. Appointment or hiring of SITS employees in positions covered by a service agreement between the NDUS and NDSU shall be according to terms of that agreement.
- Salary increases, annual contract renewals, performance reviews and disciplinary actions, except dismissal for cause, shall be approved by the employee's appointing authority or as otherwise provided by institution or system office policy or procedure. Policy 608.2 governs dismissal for cause and notice of intent to dismiss required under section 5 of that policy shall be given by the appointing authority.
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| REFERENCE: SBHE Policy 840 |
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| HISTORY: |
Chancellor's Cabinet Meeting, June 2001
Chancellor's Cabinet Meeting, November 2004
Chancellor's Cabinet Meeting, June 2008 |
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