Fayetteville Policies and Procedures  220.0 

Contracting Authority Signature Delegation and Contract Review

  1. Purpose
    1. This policy addresses delegated signature authority for this campus under Board of Trustees Policy 300.1 and University of Arkansas Systemwide Policies and Procedures (UASP) 300.1 and outlines the contract review process.
  2. Contracting Authority
    1. Chancellor and the Vice Chancellor for Finance and Administration
      1. The authority to contract in the name of the University of Arkansas and the Board of Trustees of the University of Arkansas is governed by Board of Trustees Policy 300.1 – Contracting Authority, and University of Arkansas Systemwide Policies and Procedures (UASP) 300.1 – Contracting Authority, as well as other University policies and procedures and governing law.
      2. With respect to this campus, as provided under Board Policy 300.1 and UASP 300.1, authority to contract in the normal course of operations is delegated to the Chancellor and Vice Chancellor for Finance and Administration (VCFA), subject to provisions and restrictions set out in those policies, other UA Board and System policies, and applicable law.
    2. Contracting Authority Delegations
      1. Board Policy 300.1 and UASP 300.1 also address certain areas where contract authority is delegated to specific officials, and allows subdelegation of contracting authority in the name of the University of Arkansas with written authorization of the President to other appropriate individuals when it is deemed that the efficiency, effectiveness, and best interests of the University will be well served by such delegation.
      2. A request to delegate contracting authority must be signed by the Chancellor or the VCFA.
      3. Procedures for requesting delegated contracting authority for this campus are generally outlined below:
        1. The campus contact person completes a request to delegate contracting authority and obtains the appropriate review from the college, department and/or unit prior to submitting the completed request to the General Counsel’s Office for review.
        2. After the General Counsel’s Office completes the review, the delegation request will be forwarded to the VCFA.
          1. General counsel review is documented by a review form or by signature on the delegation request itself.
        3. The appropriate signature(s) will be obtained on the form.
        4. The Office of the Vice Chancellor for Finance and Administration will submit the delegation request to the President’s Office pursuant to the procedures in UASP 300.1.
        5. The delegation request will be reviewed and approved pursuant to the procedures in UASP 300.1, then returned to the Office of the Vice Chancellor for Finance and Administration.
        6. The Office of the Vice Chancellor for Finance and Administration will communicate the approval to the campus contact person and the person occupying the position to which delegated authority has been given.
        7. On behalf of the Chancellor, the Office of the Vice Chancellor for Finance and Administration maintains a record of approved requests for subdelegation of contracting authority.
          1. Approved delegations shall be reflected in the Delegations of Authority Summary Chart.
    3. Restrictions
      1. No University employee may execute any contract purporting to be on behalf of the University or any unit or component thereof unless he or she has been delegated signature authority to do so pursuant to UASP 300.1.
      2. No contract signed by a person without signature authority delegated by the President pursuant to the applicable policies or applicable law shall be binding upon the University or the Board of Trustees of the University of Arkansas.
      3. These restrictions apply to all instruments creating binding legal effects between the University and another party, regardless of the form of written agreement or what it is called, subject to other applicable Board of Trustees and UA System policies.
  3. Contract Review
    1. Appropriate College, Department or Unit Review
      1. Absent a predetermined electronic workflow, each college, department or unit determines its internal workflow for contract review.
      2. It is the responsibility of the campus contact person to obtain the appropriate review.
    2. Central Administrative Services Review
      1. Absent a predetermined electronic workflow, a contract may still require review by multiple central administrative offices.
      2. It is the responsibility of the campus contact person to seek the appropriate guidance to obtain the necessary central administrative services review.
    3. Legal Review and Contract Execution
      1. As stated in UASP 300.1, contracting authority may be exercised only to sign agreements that have been reviewed by the General Counsel's Office, or an attorney designated by the General Counsel’s office, or which are on standard contract forms developed or approved by the General Counsel's Office.
      2. The General Counsel's Office should be involved early in the process of drafting contracts to avoid having to delete or redraft unacceptable provisions.
      3. Except as established by electronic workflows, or policies or processes specific to particular units or types of agreements, and agreed to by the General Counsel’s office, the contract legal review process shall generally proceed as follows:
        1. Contact person will send the contract together with the legal review form to the General Counsel's Office.
        2. If the General Counsel’s Office makes suggested changes to the contract, the contract and the legal review form will be returned to the contact person and the suggested changes may be either:
          1. Incorporated in the contract or;
          2. Further discussed with the attorney and contracting parties.
        3. If the suggested legal changes from the General Counsel’s Office are not accepted or are revised in the course of the contract negotiations, it is the responsibility of the contact person to assure that the General Counsel’s Office has reviewed the final version of the contract prior to signature.
        4. After legal review, when the contract is ready for signature without further revisions, the contract will generally be returned to the contact person, to be forwarded to the official authorized to sign for the contracting party.
        5. Following return of the signed contract from the contracting party (without further revisions) the contract will be forwarded to the campus official with delegated signature authority for final execution.
        6. Upon signature by the authorized campus official, the contact person will be notified that the contract has been signed, and the contact person shall furnish the fully executed contract to the contracting party as necessary.
        7. Official record retention of the final version of the fully executed contract is maintained by the responsible unit.
        8. Unless otherwise agreed, the contact person will furnish a reference copy of the fully executed contract to the General Counsel’s office.

Revised March 26, 2020
Reformatted for Web May 16, 2014
Revised May 12, 2009
Revised February 25, 2004
Revised December 10, 2003
Revised February 1, 1993
September 11, 1991