Procurement & Support
Services Policy and Procedure
Procedure |
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Purchasing
Goods and Services - Authority and Liability
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1. University's Authority and
Liability
The campus President has been given the authority by the CSU
Chancellor to procure goods and services necessary to achieve
the goals and objectives of the University. In order to
facilitate the needs of the University and ensure that the
University is complying with the regulations and guidelines
established by the CSU and the State, the campus President may
delegate this authority, within certain limits and in writing
(as required by the CSU), to specific individuals on campus.
Only the Vice President, Finance and Administrative Services,
the Associate Vice President for Finance and Business Services,
and the Director of Procurement & Support Services (or his/her
designee) have the authority to enter into and execute a
contract which commits University resources.
All
contracts between the University and another legal entity are to
be prepared and executed in written form. The University will
not accept, as legally binding, any oral agreement that is not
finalized and executed in written form as prepared, or
authorized to be prepared, by Procurement & Support Services.
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2. Employee Personal Liability
On February 4, 1991, the Chancellor’s Office issued a memorandum
under Vice Chancellor Herbert L. Carter’s signature which
stated, “Effective immediately, any CSU system-wide employee who
authorizes work to be commenced before an officially signed
contract is in place will be held personally financially
responsible for any expenditure related to such contract”.
Cal
State San Marcos has elected to implement this policy in keeping
with its obligation to protect the resources of the University
and to provide for fairness in its procurement activities.
CSUSM defines “work” as any transaction requiring the University
to spend or receive funds, provide or receive services, and/or
otherwise commit its resources. Any employee who has questions
regarding personal liability when involved in University-related
purchasing activities should contact Procurement & Support
Services at (760) 750-4555.
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3. After-The-Fact Transactions
After-the-fact transactions occur when departments place orders
or make commitments directly to vendors without using an
approved purchase methodology. After-the-fact transactions are
highly discouraged and may not be honored in accordance with
Chancellor’s Office policy on liability as stated in I.A.2. If a
purchase takes place without prior approval, written
justification is required before payment will be made and should
address the following:
a. The reason why normal purchasing procedures were not used,
including the detailed facts
that constituted
the emergency.
b. A statement outlining the steps taken to avoid
after-the-fact transactions in the future.
c. Invoice number and date event occurred.
d. Proof of delivery or services performed in the form of a
packing slip, freight bill, or invoice.
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4. Conflict of Interest
a. It is unlawful for any person to utilize any information,
not a matter of public record, that is
received by that person by reason of his or her employment by,
or contractual relationship
with the Trustees of the California State University, or an
auxiliary organization of the
California State University, for personal pecuniary gain, not
contemplated by the terms of
the employment or contract, regardless of whether the person is
or is not so employed or
under contract at the time the gain is realized.
b. Consulting agreements must be in compliance with conflict of
interest requirements as
specified in CSU Policy Section 412.10,
http://www.calstate.edu/csp/crl/policy/policy5-20-
05.doc#_Toc104261794.
c. No CSU employee may make or participate in the making of any
decision in which the
employee has a personal financial interest.
d. Employees designated in the CSU Conflict of Interest Code
must disqualify themselves from
making or participating in a decision which would have a
material effect on a personal
financial interest.
e. Employees designated in the CSU Conflict of Interest Code
may not accept any gift of more
than $250 in any
calendar year from any source which is disclosable in the CSU
Conflict of
Interest Code. In
addition, such employees must disclose gifts totaling $50 or
more from
any single source
during any one reporting period for California Form 700,
Statement of
Economic Interest.
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