University Policies and Procedures Manual (previously Business Policies and Procedures Manual)

Authority to Execute University Contracts

UPPM 65.03

For more information contact:
   Finance and Operations
   509-335-5524 / VPFA@wsu.edu

Contents

Form:  65.03 Request for New or Revised Delegation of Contract Authority (PDF)

Appendix A: Delegation Matrix

1.0    Policy and Purpose

All University contracts must be signed or otherwise executed by an authorized University official and processed in accordance with UPPM 65.02 (Processing University Contracts).

The purpose of this policy is:

  • To explain contract authority and delegation at WSU;
  • To set forth the responsibilities of delegates;
  • To establish categories of contracts for which specific contract signature authority delegation is not required;
  • To set forth the consequences of signing contracts without appropriate authority; and
  • To publish and maintain the University’s official list of delegates (Appendix A)

The phrases “delegating authority” and “designating University officials as having authority” are used interchangeably throughout this policy, as are the terms “delegate” and “designee.”

2.0    Delegated Contract Signature Authority

Only those employees holding contract signature authority may sign or otherwise enter into University contracts, except for contracts designated in Section 3.0 as policy-based authority contracts. See UPPM 90.50 (E-Signature Policy Overview and General Guidance) for requirements regarding electronic signatures.

By law, only the University President has authority to delegate contract signature authority to University employees. Delegations must be in writing and specify contract type, amount, and scope. Subdelegations or subdesignations by University employees to others are not permitted. (See RCW 28B.10.528.) The President also has authority to withdraw or reassign a delegation at any time for any reason.

The University’s official list of delegates, as approved by the President and recommended by the Executive Vice President (EVP) for Finance and Operations/Chief Financial Officer (CFO), is set forth in the matrix in Appendix A. (Note that delegations of authority from the Board of Regents to the President are set forth in BOR2 (Board of Regents Policy on Delegation of Authority) and its appendices.)

2.1       Delegation Process

2.1.a    Requesting Delegated Contract Signature Authority

For all contracts other than policy-based authority contracts, a delegation of authority from the University President is required. The process for adding or revising a delegation of contractual authority is as follows:

  1. At the request of their supervisor, or as required by their position, the proposed delegate completes all the training required by the University and the Department of Enterprise Services. For assistance with training requirements, see the Procurement Training website.
    1. Delegates are required to provide proof that training has been completed and are responsible for completing any required periodic refresher training.
  1. A WSU officer at the executive vice president/provost, vice president, or chancellor level in the proposed delegate’s reporting line completes a Request for New or Revised Delegation of Contract Authority form for the proposed delegate, and submits the completed form to rebo.intake@wsu.edu.
  2. Procurement and Contract Services reviews the request in accordance with Section 2.1.b and, if needed, works with the requesting unit and proposed delegate to adjust or clarify the scope and type of the requested delegation. If Procurement and Contract Services recommends the proposed delegation, they send the form to the EVP for Finance and Operations/CFO.
  3. If the EVP for Finance and Operations/CFO recommends the delegation, they approve the form and route it to the Office of Policies, Records, and Forms (PRF) with a copy to Procurement and Contract Services.
  4. PRF updates the matrix in Appendix A with the new delegation, flagging the new delegation or change in delegation, and sends the updated matrix to the President for approval of the new delegation(s) prior to publication.
  5. PRF publishes the updated matrix and notifies Procurement and Contract Services via email to rebo.intake@wsu.edu with a copy to the delegate.
  6. PRF maintains the matrix in Appendix A, along with copies of the approved forms and documentation of the President’s approval. Procurement and Contract Services also maintains a copy of the form.
2.1.b    Considerations for Review of Delegation Requests

Factors considered when reviewing a proposed delegation of authority may include, but are not limited to:

  • Applicable University policy;
  • Regulatory and/or statutory requirements;
  • Complexity of contracting area;
  • Efficiencies associated with granting a delegation;
  • Consistency across the WSU system;
  • Need for the delegation, both at the departmental and system level;
  • Subject matter expertise of the proposed delegate;
  • Dollar amount of requested delegation.
2.1.c Termination of a Delegation

Departments or appointing authorities may request termination of delegations of contract authority in the following circumstances:

  • When a delegate’s supervisor determines it is no longer necessary or appropriate for the employee to have contractual authority, due to change of duties or another reason;
  • When a delegate moves to another position at WSU and/or has a change in title;
  • When a delegate terminates employment with the University; or
  • For disciplinary, corrective action, or other purposes, including but not limited to a delegate’s noncompliance with this policy.

When any of the above events occur, the employee’s supervisor or appointing authority is responsible for submitting e-mail notification within seven calendar days to the Office of Finance and Operations at rebo.intake@wsu.edu, with a copy to PRF.

Termination of a delegation also may be initiated by the President, the EVP for Finance and Operations/CFO, or designee.

Upon receipt of e-mail notification, PRF revises the matrix and obtains the President’s approval to publish the revision.

See also UPPM 60.74 regarding employee departure procedures.

2.2       Expectations for Employees with Delegated Authority

In addition to following the contract processing requirements in UPPM 65.02, individuals with delegated authority to sign University contracts must ensure they:

  • Execute only contracts within their scope of employment and delegation of authority;
    • Note: Many contract types now require specifically-delegated authority, such as information technology and data use or data sharing (see UPPM 65.01 for a complete list of contract types);
  • Comply with all purchasing, travel, and other applicable University policies, as well as applicable laws and regulations;
  • Complete all training required by the University and the Washington State Department of Enterprise Services, including periodic refresher trainings;
  • Carefully review and understand the terms of the contract they are signing;
  • Confirm that an approved funding plan is in place for any fiscal commitments made by way of the contract;
  • Ensure that all needed internal WSU review has been completed before signing (e.g., Information Technology Services (ITS), Attorney General’s Office (AGO), etc.);
  • Contact Procurement and Contract Services to ensure that an umbrella or other applicable contract between WSU and the vendor does not already exist;
  • Ensure that any agreement for goods or services exceeding the required competitive threshold (currently $10,000 but subject to change) is competitively awarded or excepted from competition through Procurement and Contract Services; and
  • Seek appropriate guidance on any sensitive or difficult matters, or on any matter when they have questions or need additional information. Examples include, but are not limited to:
    • Indemnification;
    • Choice of law; or
    • Contracts that may impact or create obligations for other WSU units.

3.0    Policy-Based Authority Contracts

Policy-based authority contracts are those contracts the University has determined may be signed pursuant to this policy without a specific delegation from the University President, provided all the requirements of this section are met.

3.1       Applicability of Policy-Based Authority

Only the following may be considered policy-based authority contract types, if all the conditions in Section 3.2 are met.

  • Designated University templates: Templates created by the University, approved by the Office of Finance and Operations and the Attorney General’s Office, that are specifically designated as policy-based authority contract templates, provided no substantive changes are made to the approved template.
  • Lodging and Ancillary Services: Contracts for hotels and lodging as defined in UPPM 65.01, provided the stay is limited to 15 days or less.
  • Clickthrough and other non-negotiable agreements (non-software): Contracts for purchases of non-software goods or services presented on a take-it-or-leave-it basis where the consumer must accept the terms to obtain the product or service.
    • Clickthrough agreements are found at online websites requiring a user to “clickthrough” an agreement indicating their acceptance to participate in an activity or purchase a good or service. Other non-negotiable agreements may include, but are not limited to, vehicle or equipment rentals.

3.2       Conditions for Policy-Based Authority Contracts

When a department has a WSU business need to enter into a policy-based authority contract, the department is permitted to do so without a specific delegation of contracting authority if all of the following conditions are met:

  1. The department’s area finance officer signs the contract.
  2. The anticipated total dollar value is under the noncompetitive purchase threshold ($10,000), as defined in UPPM 70.01, 70.10, and 70.13, and the term is no more than three (3) years.
  3. The department has read and understands the terms and conditions.
  4. The department:
    1. Enters the contract into Workday (see UPPM 65.01);
    2. Receives a contract number;
    3. Uploads all relevant documentation to Workday; and
    4. Completes the Workday process and record;

Exclusions:  The agreement must not include or involve any of the following:

  • Procurement of software of any kind (including free software);
  • A sponsorship or gift;
  • Any term that would require an Information Security Risk Assessment. See UPPM 87.06 (WSU Information Security Policy);
  • WSU confidential or regulated data (including but not limited to HIPAA and FERPA data);
  • Authorization to use University marks;
  • An obligation for WSU students or other departments to take actions or assume duties;
  • Terms and conditions that require compliance of areas outside of the department’s control, such as agreeing that WSU, as a whole, is subject to the agreement;
  • Minors (under the age of 18) (for example, a hotel or other lodging agreement); or
  • Alcoholic beverages.

Procurement card is the preferred method of payment when feasible. (See UPPM 70.08.)

If a department enters a policy-based authority contract, the department assumes all risk and responsibilities that may be inherent in the terms and conditions, including but not limited to any financial obligations, liability, or attorney fees.

Departments not wishing to enter policy-based authority contracts on their own may work with Procurement and Contract Services.

4.0    Contracts Requiring Board of Regents Approval

Certain contracts must be approved by the WSU Board of Regents. For a list of areas in which the Regents have reserved authority, see BOR2 and BOR2, Appendix 8.

5.0    Enforcement and Penalties

WSU does not recognize contracts as binding on the University unless the signing employee has properly delegated authority in accordance with this policy.

WSU periodically reviews contracts signed by delegates and may take corrective or disciplinary action as needed if it determines a contract was not signed in compliance with this policy or with standards set forth in required trainings.

Employees who sign contracts purporting to bind the University without properly delegated authority (or policy-based authority as set forth in Section 3.0) may be subject to disciplinary action, up to and including termination. Other consequences, including but not limited to personal liability under state ethics laws, may apply in specific situations.

6.0    Related Policies

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Revisions:  Jan. 2026 (Rev. 650 – NEW).