Ohio Administrative Code › Title 3341 - Bowling Green State University › Chapter 3341-1 - Contracts › Section 3341-1-07 - Delegation of contract and signatory authority

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Policy statement purpose
The purpose of this policy is for the president to
				sub-delegate, to other university administrators, certain authority to bind the
				university as vested in the president by the board of trustees. It identifies
				the university employees who have been sub-delegated the authority to execute
				contracts and other legal documents that are binding on the university.
Ohio law vests the governance of Bowling Green state university
				in the board of trustees. The board of trustees has adopted by-laws which
				provide for the appointment of the university president who serves as the
				university's executive officer. Among the powers the board has resolved to
				delegate to the president is the authority: to bind the university to certain
				contracts; to execute other legal documents or obligations; and to take certain
				personnel actions. This delegation excludes those contracts and actions that by
				law or board action are reserved to the board, which are listed in paragraph
				(F) of this rule. In this policy the president sub-delegates the contract
				making and other signatory authority to specific authorized university
				officials for each contract and legal document type specified.
The university shall not be bound to any contract or legal
				document or other obligation made by any individual acting outside the express
				authority stated by this policy notwithstanding any representations or
				misrepresentations that may be made about the individual's apparent authority.
				University employees or agents signing agreements or otherwise attempting to
				bind the university without first obtaining authority may be personally liable
				for that contract or legal document, may be subject to legal action, and may
				also be subject to university disciplinary action up to and including
				termination of employment.
(B) Policy scope
This policy applies to all university employees when acting on
				behalf of the university.
This policy does not apply to signatures or approvals required
				for internal university transactions and processes (e.g., time reports,
				purchase card (p-card) transactions, space reservations, or purchase orders,
				etc.)
Principal delegations of contract signatory authority are
				indicated in paragraph (E) of this rule. Sub-delegations of that authority may
				be made only where authorized by this policy. When permitted, sub-delegations
				may be made only through written letter to the individual.
Authority to sign a legal document or bind the university to a
				contract of a type specified in paragraph (E) of this rule is granted to the
				persons holding the applicable BGSU position identified in that
				paragraph.
All contracts for purchases of goods or services, including
				grant-funded purchases, must follow rule
				3341-6-38 of the Administrative
				Code (Purchasing, sales, and disposal of university property and asset control)
				and other applicable university policies. Having signatory authority does not
				exempt a purchase from following university procurement policies and
				processes.
Questions concerning the scope and application of the policy
				should be directed to the office of general counsel. Specific operational
				questions may be directed to the employee's immediate
				supervisor.
(C) Policy
			 definitions
(1) A "contract" is any agreement
			 between the university and another party or parties which is enforceable at
			 law. A university contract will most often involve employment, the sale or
			 purchase of goods, services or real property, or the creation of legal
			 relationships with other entities.
(2) A "legal document" is any document
			 requiring a signature which is not a contract, that expresses an official
			 action of the university. Executing a legal document changes the university's
			 legal relationship with that person or entity.
(3) "Professional Services" or "Consulting"
			 are services involving special training, skills or experience that the
			 university procures from outside sources. Examples of professional services
			 providers include architects, designers, and engineers.