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Internal Audit Office

Kansas State University
214 Anderson Hall
Manhattan, KS 66506-0118

 

785-532-7308
785-532-0186
internalaudit@k-state.edu

University Contracts

Chapter 3070
Revised August 1, 2012

Table of Contents

.010 Introduction
.020 Definitions
.030 Authorized Signatories
.040 Review by Office of General Counsel
.050 General Purchases
.060 Processing of Special Types of Contracts
.070 Related Statutes, Regulations and Policies
.080 Questions

Related Materials

.100 K-State OGC Contract Review Checklist
.110 Contractual Provisions Attachment (form DA-146a)

.010 Introduction

The Kansas Board of Regents has authorized state universities to enter into contracts, subject to policies of the Board, if the purpose of the contract is related to the operation, function or mission of the state university. All such contracts shall be in the name of the University; individual colleges, divisions and departments shall not enter into contracts. University contracts may be signed only by authorized University signatories. All University contracts must be reviewed by the Office of General Counsel for proper form and legal sufficiency. All other applicable policies and procedures must be followed.

.020 Definitions

For purposes of this policy, "contract" means any agreement or promise, regardless of title or label, which purports to obligate the University to any responsibility, including any action, payment, performance of services, or liability. Contracts can take many forms, including memoranda of understanding or agreement, purchase or sale agreements, rental agreements, employment or personal services agreements, licensing agreements, affiliation agreements, real estate transactions, exchange agreements, and so on. The term "contract" also includes any amendment or modification to a contract.

A "sponsored project" generally is an agreement to provide any goods or services using University facilities or the official time and services of University faculty and/or staff; an agreement involving a materials transfer, the exchange of confidential information, the exchange of students, or teaming arrangements; or an agreement that generates revenue for the University in the form of an award or the like. See PPM Chapter 7010.015, Pre-Award Services, Differentiating Sponsored Projects from Fee for Service Activities and Gifts, for a detailed definition of "sponsored project."

.030 Authorized Signatories

Only the President of the University and those University officers designated by the President, as certified to the General Counsel for the Board of Regents, are authorized to execute contracts on behalf of the University. For a current list of designated University signatories and their areas of signature authority, please click here.

.040 Review by Office of General Counsel

All University contracts must be reviewed by the Office of General Counsel for proper form and legal sufficiency. University departments and other units are responsible for the business terms of their contracts. The K-State OGC Contract Review Checklist (Attachment .100) must be completed and attached to the contract prior to submitting it to the Office of General Counsel for review.

Template agreements that have already been reviewed and approved by the Office of General Counsel need not be submitted for review unless additions, deletions, or other modifications of substance (e.g., changes other than dates, names and dollar amounts) have been made to the contract.

Purchasing contracts should be submitted through the University's Purchasing Office and must comport with Purchasing Office rules and procedures. See PPM Chapter 6310, Purchasing Procedures. The Purchasing Office will submit the contracts to the Office of General Counsel for legal review, provided that the K-State OGC Contract Review Checklist (Attachment .100) is completed and attached.

Units are responsible for working with the contractor to revise/edit the agreements in accordance with any recommended changes. In some cases, resubmission for final review/approval may be required.

Units should not negotiate with attorneys for the contractor. Any attorney who wishes to communicate directly with the University should be referred to the Office of General Counsel.

.050 General Purchases

All contract services, commodities, equipment and capital outlay items must be obtained through the University's Purchasing Office or by direct purchase in accordance with University purchasing procedures as outlined in PPM Chapter 6310, Purchasing Procedures.

The Contractual Provisions Attachment (form DA-146a) (Attachment .110) contains terms and conditions required in state agency contracts (including University contracts). The DA-146a must be incorporated into a contractor's terms and conditions by attaching it to the contract and placing the following language (found in quotations at the top of the DA-146a) onto the face of the agreement: "The provisions found in Contractual Provisions Attachment (form DA-146a, rev. 6-12), which is attached hereto, are hereby incorporated in this contract and made a part hereof." An authorized representative of each party to the agreement must initial or sign the attached DA-146a or the language placed on the contract that references the DA-146a.

For purchases of goods and services, the Vice President for Administration and Finance and the Director of Purchasing are the designated signatories. In addition, for contracts under $5,000, departments and other units have limited signature authority. Only officially designated unit/departmental signatories whose names are on file with the University's Purchasing Office and who have certified that they will abide by Purchasing Office requirements may sign such contracts.

All contract services, commodities, equipment and capital outlay items must be obtained through the University's Purchasing Office or by direct purchase in accordance with University purchasing procedures as outlined in PPM Chapter 6310, Purchasing Procedures.

.060 Processing of Special Types of Contracts

The following are examples of specific types of contracts that must be processed in accordance with additional, special rules and procedures.

Sponsored Projects - All contracts related to sponsored projects must be processed in accordance with PPM Chapter 7010, Pre-Award Services.

Agreements with professional organizations - hosting agreements and other agreements involving the use of University resources by external entities must be processed as sponsored projects.

Employment - Employment agreements must be processed in accordance with the appropriate procedures and forms maintained by the Division of Human Resources, the Office of Academic Personnel, and the Office of Affirmative Action. See PPM Chapter 4460, Classified Employee Personnel Actions, PPM Chapter 4650, Unclassified Employee Personnel Actions and k-state.edu/affact/Forms.

International Exchange and Study Abroad - All agreements pertaining to international exchange students or programs or study abroad must be processed through the Office of International Programs.

Easements - All requests for an easement involving University property are to be submitted to the Division of Facilities Planning for processing.

Contracts over $1,000,000 - The Kansas Board of Regents President and CEO must be notified in writing of any contract which requires expenditures or transfers by the University of an amount greater than one million dollars ($1,000,000), excluding contracts directly related to a capital improvement project.

Contracts with other state agencies - Contracts with other state agencies must comport with Kansas Board of Regents policy concerning indirect cost reimbursement and other terms and conditions. See KBOR Policy Manual II.B.8.c, Contracts with Other State Agencies, Indirect Cost Reimbursement.

.070 Related Statutes, Regulations and Policies

K,S,A. 76-721

KBOR Policy Manual II.B.8.c, Contracts with Other State Agencies, Indirect Cost Reimbursement

PPM Chapter 4460, Classified Employee Personnel Actions

PPM Chapter 4650, Unclassified Employee Personnel Actions

PPM Chapter 6310, Purchasing Procedures

PPM Chapter 7010, Pre-Award Services

.110 Questions

Questions concerning this policy should be addressed to the Vice President for Administration and Finance at (785) 532-6226, the Purchasing Office at (785) 532-6214, Pre-Award Services at (785) 532-6804 or the Office of General Counsel at (785) 532-5730.