Contracts

Contracts
Type of Policy
Administrative
jbarber32 Tue, 06/12/2012 - 16:55
Policy No
5.4
Last Revised:
Review Date:
Contact Name
Ajay Patel
Contact Title
Director of Purchasing
Contact Email
ajay.patel@business.gatech.edu
Reason for Policy

To provide an understanding of who is authorized to execute contracts on behalf of Georgia Tech.

Policy Statement

All contracts entered in the name the Georgia Institute of Technology are subject to the Policies and Procedures of the Board of Regents. In addition, many of Georgia Tech’s contracts are subject to State purchasing regulations as well as other legal restrictions and requirements for State contracts.

Few people within the Georgia Tech community are authorized to sign contracts on behalf of Georgia Tech. The Delegation of Presidential Authority Memorandum lists the authorized signatories and the type of contract that said signatory may execute.    No person may sign a contract on behalf of Georgia Tech without specific written authorization from the President or other legal authorization. State law provides that persons who are not authorized to enter into contracts on behalf of Georgia Tech or who do not comply with all applicable State laws and regulations may be personally liable for the contractual obligations including but not limited to all costs.

Georgia Tech’s purchasing authority for Construction and Public Works has been delegated by the Board of Regents (BOR) of the University System of Georgia. Georgia Tech is exempt from Department of Administrative Services (DOAS) purchasing regulations for Construction and Public Works contracts; however, Georgia Tech must comply with all applicable BOR policies and regulations. Construction and Public Works purchases are managed by the Georgia Tech Facilities Management Department.

Scope

This policy applies to all Georgia Tech faculty and staff members.

Policy Terms

Contract

Any document that creates an obligation, right, or liability for the Georgia Institute of Technology.

Construction or Public Works

"Construction" or "public works" projects and services includes contracts for design, engineering, construction, alteration, modification, demolition, maintenance and repair of fixed assets, as well as consultant contracts relative to such activities. Public works contracts also include all public contracts that are covered by the statutory requirements for a payment or performance bond. As a general rule, if the contract is to be performed on public property and involves a fixed asset, the contract is a public works contract.

Responsibilities

It is the responsibility of the Georgia Tech Facilities Management Design and Construction Department to determine if a project or service meets the definition of “construction” or “public works” in order to conduct the purchase in accordance with the applicable rules and regulations.  The President of Georgia Tech shall determine who may sign these contracts. 

It is the responsibility of the Procurement Office to determine the signature authority given to staff in the Procurement and Business Services Department. This determination shall be made based upon the authority delegated from DOAS and by the President of Georgia Tech. 

Enforcement

To report suspected instances of ethical violations, please visit Georgia Tech’s Ethics Hotline, a secure and confidential reporting system, at: https://secure.ethicspoint.com/domain/en/report_custom.asp?clientid=7508