Wayne State University

AIM HIGHER

Board of Governors

Wayne State University Statutes

2.81.01 Contract Awards
   
2.81.01.010 Preamble
  The authority to contract on behalf of the University is vested in the Board of Governors (Board). This authority includes contracts for the purchase, sale or other disposition of all personal and real property; for capital construction, renovation and related expenditures; for the purchase, sale or loan of supplies or equipment and special maintenance of physical plant; for sponsored research and fellowships, scholarships, grants-in-aid from private sources and governmental units; and for personal services of independent contractors.
   
2.81.01.020 Policy
  To facilitate the day-to-day administration of the University, this contractual authority is delegated as follows; however, no contract shall be entered into which calls for the expenditure of funds unless those funds have been previously budgeted for that purpose by the Board.
   
2.81.01.030 Implementation
  The President shall establish and promulgate written administrative procedures and guidelines for the delegation and implementation of the authority and power granted herein, including checkoff procedures. A copy of the established administrative procedures and guidelines shall be kept on file for public inspection in the Office of the Secretary to the Board.
   
2.81.01.040 Budget Approvals
  Funds to execute contracts shall be considered to have received budget approval if they are financed by budgetary unit allocations from the approved General Fund budget or Board accepted grant funds. Financing provided by a contingency allocation from the General Fund or provided by any other University Fund shall have specific budgetary approval by the Board prior to contract approval.
   
2.81.01.050 Real Property
  All transactions involving the purchase, sale or other disposition of real property shall be first approved and authorized by the Board. Unless otherwise specifically provided for by the Board, all land contracts and deeds conveying University property and all discharges of mortgages and cancellations of land contracts shall be executed by any two of the three following: President, the Treasurer or officer(s) designated by them to act on their behalf; and shall be reported to the Budget and Finance Committee.
   
2.81.01.060 Investments
  The investment or reinvestment of gift, trust, agency, and deposit funds; the purchase and sale of personal property acquired in connection with the investment or reinvestment of such funds, and the approval of real estate mortgages may be made by the President, the Treasurer, or their designee(s). Any two of the said officers are hereby authorized and empowered to sell, assign, and transfer the documents necessary to complete the sale of stocks, bonds, evidences of indebtedness or other securities, including the rights and options to acquire or sell the same owned or held by the University. The transfer of any such securities by the officers herein authorized shall be sufficient to convey ownership to the transferee.
   
2.81.01.070 Routine Contracts
  All routine contracts for the purchase, sale or lease of supplies or equipment or of services, for lease of real property, and for special maintenance of the physical plant within authorized budgets may be executed by the President or his/her designee(s).
   
2.81.01.080 Routine contracts for the purchase of supplies, equipment or the services of independent contractors requiring the expenditure of budgeted funds in excess of $20,000 shall be awarded on the basis of competitive bids. The President or his/her designee(s) may grant a written exception in the case of contracts requiring highly specialized service for which a public bid would not be appropriate, or in the case of an emergency. Such exceptions shall be reported to the Budget and Finance Committee quarterly or the first regularly scheduled meeting thereafter. Architectural and engineering contracts, the cost of which are essentially fixed by the State, may be awarded on the basis of specialized experience and strength among the firms which indicate a desire to do business with the University.
   
2.81.01.090 Capital Outlay
  All contracts calling for planning services and/or for the construction of new facilities shall require prior approval of the Board. The President or his/her designee shall execute such contracts upon approval.
   
2.81.01.100 All contracts for the alteration or modification of existing facilities of real property involving a project expenditure of more than $150,000 shall require the prior approval of the Board.
   
2.81.01.110 All contracts for the alteration of existing buildings owned or leased by the University which do not call for expenditures exceeding $150,000 may be negotiated by the President or his/her designee.
   
2.81.01.120 All contracts (purchase orders) for furnishings and equipment related to new construction or alteration/modification projects in excess of $100,000, which exceed $100,000 for an item or the aggregate of an item shall require prior approval of the Board. The President or his/her designee shall execute such contracts upon approval.
   
2.81.01.130 Sponsored Programs
  All contracts for sponsored educational and research programs and supplements thereto, including agreements for fellowships, scholarships, and grants-in-aid may be executed by the President or his/her designee, and his/her signature shall be certified by the Secretary where such certification is requested.
   
2.81.01.140 Employment
  The employment contracts are not included in these contract procedures.
   

Legislative History
Adopted 7-0; Official Proceedings 21:2790 (15 October 1976) Amended Official Proceedings 22:3041 (10 March 1978) Amended Official Proceedings 23:3163 (10 November 1978) Amended Official Proceedings 25:3474 (14 November 1978) Amended Official Proceedings 25:3580 (10 July 1981) Amended Official Proceedings 29:3988 (2 November 1984) Amended Official Proceedings 30:4083 (13 December 1985) Amended Official Proceedings 30:4112 (9 May 1986) Amended Official Proceedings 36:4795 (1 May 1992) Amended Official Proceedings 37:4953 (16 July 1993) Amended Official Proceedings 40:5281 (7 June 1996) Amended Official Proceedings 44:5804 (20 July 2000) Prior Acts: Official Proceedings 3:611, 5:774, 11:1284, 14:1766, 15:1925, 25:3580

Cross References
Sec. 2.28.01.100, Sec. 2.81.03.050

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