Integrated CSU Administrative Manual

CSU POLICY

--DRAFT POLICY--

Section:  CSU POLICY MANUAL FOR CONTRACTING & PROCUREMENT

Section 5000 Policies

Policy Number:  5102.0

Policy Title: Delegation to the Campus Presidents

Policy Effective Date: Original Policy

Last Revision Date: May XX, 2013
(see revision history)

POLICY OBJECTIVE

To ensure the efficient and thoughtful transfer of any authority for contracting and procurement activities. To establish system wide contracting and procurement policy as required by Education Code 89036.

POLICY STATEMENT

Campus presidents have received delegated authority from the Chancellor to purchase, sell, lease, or license personal property and services in accordance with Trustee policy and law. Additionally, campus presidents have the authority to lease real property in accordance with Trustee policy and law. Presidents are Rresponsibleility for the preparation of campus internal policies and procedures consistent with these policiesprovision of this manual policy remains with the campus presidents. Should campus presidents choose to further delegate their purchasing authority, campuses must maintain documentation of such delegation.

The delegated authority is subject to the condition that certain of these transactions be submitted to the Office of the Chancellor for review and approval. These transactions are:

  1. Any transaction which exceeds $250,000 and is awarded without the taking of competitive bids (sole source). This condition does not apply to sole brand acquisitions which are acquired under competitive procedures nor to contracts pursuant to planned purchasingsystemwide contracting activities, such as CSU Master Enabling Agreements,master agreements and following individual contract instructions previously reviewed and approved issued by the Office of the Chancellor;
  2. Transactions which contain systemwide or multi-campus obligations, liabilities or encumbrances (requests for delegation shall be considered);
  3. Transactions which contain provisions for the tax-exempt financing of equipment or services;
  4. Contracts to obtain legal services to be performed by outside (non-CSU) counsel;
  5. Lease agreements for real property where the commitments of the Trustees, or property leased, is to be used to support the issuance of bonds, certificates of participation or notes, or where there is a transfer of interest by installment sale or other form of security;
  6. Lease agreements for real property with a term of twenty or more years or with options that result in a potential term of twenty or more years;
  7. Lease agreements for real property with any annual lease payment equal to or greater than $1,000,000;
  8. Lease agreements for real property that permit the development of real property of the CSU pursuant to policies of the Trustees on public/private or public/public development.

Transactions or requests related to the preceding conditions must be submitted with all related documentation and an explanation of the transaction to the Office of the Chancellor to coordinate program & legal reviews.


APPLICABILITY AND AREAS OF RESPONSIBILITY

 

REVISION HISTORY

Original Policy

RESOURCES AND REFERENCE MATERIALS

Useful Guidelines:

The establishment of a delegation of authority from a campus President, or any sub-delegates for procurement and contracting activities must be in writing between the Delegator and Delegatee and contain the following information:

  1. the effective date of the delegation,
  2. the term of the delegation if it is of a limited term,
  3. the scope or specifics of the delegation which would include any limits on the delegation,
  4. the dollar limits (if applicable) on any delegation, and
  5. whether the Delegator is able to further delegate the authority.

Related Principles:

 

Sound Business Practices:

It is the responsibility of the Delegator to maintain proper control and management of his/her area relative to the documents executed under any delegation. The Delegator remains accountable for all actions taken by the Delegatee. The Delegator shall take into account and maintain appropriate internal controls including separation of duties when delegating authority for executing transactions. Delegatees may not approve transactions for themselves where a higher level approval would normally be sought. Such transactions must be countersigned by another authorized person, usually the person of next higher authority.

There must be a separation of duties between the approval of expenditures and the reconciliation of departmental financial accounts. Delegatees may not be the person solely responsible for reconciling/verifying the expenditures with the department budget. Documents signed by anyone other than those employees who have a delegation of authority on file may be declared null and void unless formally ratified by an individual with proper delegations.

Laws, State Codes, Regulations and Mandates:

Education Code 89036

Executive Order 669

Executive Order 775

ICSUAM 1202

ICSUAM9204

ICSUAM136890

Academic Affairs Memo AA-2009-10

COGNIZANT OFFICE(S)

CO Manager:

Tom Roberts
Director, Contract Services & Procurement
CSU Office of the Chancellor
troberts@calstate.edu

Subject Expert:

Tom Roberts
Director, Contract Services & Procurement
CSU Office of the Chancellor
troberts@calstate.edu

Affinity Group:

Procurement and Support Services Officers

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