Signature Authority Delegation

Authority

Only individuals within Agencies or Institutions of Higher Education (IHEs) who have the proper authority may sign a State Contract.  Any contract signed by an individual without the proper authority is not a valid commitment voucher as required by §24-30-202 C.R.S. Individuals may have direct authority or delegated authority as described in this policy. This policy shall only apply to IHEs whose governing board has not exempted the lHE from certain requirements of the Controller Statute as permitted by §24- 30-202(13)(b) C.R.S.

Policy

• Who has Authority to Sign Contracts. Individuals have authority to sign contracts on behalf of the State, as follows:
  • Individuals with Direct Signature Authority. The following individuals have direct authority to sign contracts on behalf of the State:
    • The individual who has final executive authority for an Agency, irrespective of title, may sign
      contracts to which his or her Agency is a party on behalf of the Governor. This authority does not include the authority to approve or sign on behalf of the State Controller, as required by §24-30-202 C.R.S.
    • The President or Chancellor of an IHE may sign contracts to which his or her IHE is a party on behalf of the Governor. This authority does not include the authority to approve or sign on behalf of the State Controller, as required by §24-30-202 C.R.S.
    • The State Controller may approve and sign, as the final State signatory, all contracts to which an Agency or IHE is a party as required by §24-30-202 C.R.S.
  • Individuals with Delegated Signature Authority. The following individuals have delegated authority to sign contracts on behalf of the State:
    • Individuals who have a personal delegation from the individual with final executive authority for an Agency may sign contracts to which his or her Agency is a party, on behalf of the individual with final executive authority, in accordance with his or her delegation. These individuals only have this authority during the time his or her delegation is in effect.
    • Individuals who have a personal delegation from an IHE's President or Chancellor may sign contracts to which his or her IHE is a party, on behalf of of the President or Chancellor, in accordance with his or her delegation. These individuals only have this authority during the time his or her delegation is in effect.
    • Individuals in an Agency or IHE who have personal delegation as either a primary delegate or a subdelegate from the State Controller may approve and sign, on behalf of the State Controller, any contract to which his or her Agency or IHE is a party in accordance with his or her delegation agreement and other State Controller Policies, including the appropriate Review and Approval policy for the individual's Agency or IHE.
  • Individuals without Signature Authority. An individual without direct authority, as described in §1)a, or without delegated authority, as described in §1)b, does not have the authority and may not sign any State contracts.
• Delegation of Signature Authority. A delegation of signature authority is only valid if it complies with the following:
  • Agency Executive Delegation. The individual with final executive authority for an Agency may delegate his or her contract signature authority to any individual he or she deems proper. This delegation may not allow for the delegate to further subdelegate his or her authority to another individual. The Agency shall document this delegation of authority on the form described in §3)a, and the delegation shall not be effective prior to the date on which the individual with final executive authority signs the delegation.
  • IHE President or Chancellor Delegation. The President or Chancellor of an IHE may delegate his or her contract signature authority to any individual he or she deems proper. This delegation may only allow the individual to further subdelegate his or her authority if the subdelegation is done in accordance  with an overall delegation plan that has been approved by the President or Chancellor that delineates the authority, if any, of the President's or Chancellor's delegates to further delegate contract signing authority. The President or Chancellor of an IHE shall only approve an overall delegation plan if that plan (i) contains effective internal controls and (ii) is appropriate to the efficient operation of the IHE. The IHE shall document this delegation of authority on the form described in §3)a, and the delegation shall not be effective prior to the date on which the President or Chancellor of the IHE signs the delegation.
  • State Controller Delegation to Agencies and IHEs. The State Controller may delegate some or all of his or her authority as the final State approver and signatory to any individual or individuals within an Agency or IHE as requested by the Agency or IHE so long as each individual has signed a fully executed delegation agreement as described in §3)b. This delegation of authority may not be further subdelegated to another individual not shown on an executed delegation agreement. This delegation shall be documented on a delegation agreement with the State Controller and an individual's delegation shall not be effective prior to the effective date shown on the delegation agreement that includes that individual.
  • State Controller Delegation to Central Approvers. The State Controller may make a special delegation of some or all of his or her authority as the final State approver and signatory to any individual or individuals within the Office of the State Controller ("OSC") or other State entity. The State Controller will document each such delegation on a delegation letter to that individual that specifically describes the individual's delegated authority. This delegation of authority may not be further subdelegated to another individual except as specifically described on the delegation letter.
• Form of Delegation. All delegations described in §2)a through §2)c shall use the following forms to document the delegation:
  • Agency Executive and IHE President or Chancellor Delegations. Agencies and IHEs shall document all delegations under §2)a and §2)b by completing the "Record of Authorized Contract Signatories" form attached to this policy. In addition to listing the Agency or IHE at the top of the form, this form shall also include (i) the name of each delegated signatory, (ii) that individual's original signature or a copy of that individual's original signature if the form is submitted electronically, and (iii) any limitations on the individual's authority to sign contracts, such as limitations on dollar amounts, types of contracts, or originating division. Additionally, if this form will cover only the delegates within a specific office or division within the Agency or IHE, then that office or division should be listed at the top of the form. The Agency or IHE shall submit this document, including all appropriate signatures, to the Central Contracts Unit ("CCU") within the OSC. All completed "Record of Authorized Contract Signatories" shall be submitted electronically unless the CCU or State Controller has provided permission or direction otherwise.
  • State Controller Delegations. Agencies and IHEs shall document all delegations under §2)c by completing a delegation agreement in a form and with the content as determined by the State Controller and provided by either the State Controller or the CCU. Agencies and IHEs shall submit all delegation agreements with Agency or IHE signatures to the CCU, who will obtain final approval from the State Controller.  No delegation agreement shall be effective unless it is signed by the State Controller. Delegation agreements may be submitted electronically to the CCU unless the CCU or State Controller specifically directs otherwise.
• Modification of Delegation. Individuals with delegated authority and the scope of each individual's delegated authority may only be modified as follows:
  • Agency Executive and IHE President or Chancellor Delegations. Agencies and IHEs shall document all modifications to delegations under §2)a and §2)b by submitting a replacement "Record of Authorized Contract Signatories" form as soon as possible after the change. Each replacement "Record of Authorized Contract Signatories" form an Agency or IHE submits to the CCU shall replace all prior forms from that Agency or IHE for the office or division listed on the form.
  • State Controller Delegations. Agencies and IHEs shall request a modification to any delegation under §2)c by submitting his or her request to the CCU. The CCU will modify the agreement as requested by the Agency or IHE and will submit it to the State Controller for approval. If approved by the State Controller, the CCU or the State Controller will send the final modified delegation agreement to the Agency or IHE for signature. Once all signatures have been received and the State Controller has executed the delegation agreement, the new delegation agreement will replace all prior delegation agreements with that Agency as of the effective date of the delegation agreement.

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