Faculty and Unclassified Staff Handbook
Chapter 6 -- Business Affairs: General Regulations, Services, and Procedures

Contracts with Off-Campus Agencies

KBOR Policy on Execution of Contracts

Background Information

1. State universities may enter into contracts to acquire products or services normally requiring the expenditure of funds, including leases of real property as described in chapter II, section E "Facilities" of the KBOR Policy Manual, with any party or parties including any agency of the United States or any state or any subdivision of any state or with any person, partnership, or corporation if the purpose of such contract is related to the operation, function, or mission of the state university. (K.S.A. 76-721) The Board's President and Chief Executive Officer must be notified in writing of any contract which requires expenditures or transfers by the state university of an amount greater than one million dollars ($1,000,000), excluding contracts directly related to a capital improvement project.

2. All contracts between the state universities and other state agencies shall be subject to the provisions of K.S.A. 75-3711b. (K.S.A. 76-721).

3. Any contract with a corporation whose operations are substantially controlled by a state university shall provide that the books and records of such corporation shall be public records and shall require an annual audit by an independent certified public accountant to be furnished to the Board of Regents and filed with the state agency in charge of post auditing state expenditures.

4. Only the chief executive officer of the state university, or a specifically authorized designee of the chief executive officer of the state university, shall execute contracts on behalf of a state university. All delegations of authority made pursuant to this provision shall be filed with the General Counsel of the Board of Regents at least annually.

5. All contracts shall be in the name of the state university. Individual schools, divisions, and departments shall not enter into contracts.

Kansas Board of Regents: Policies and Procedures Manual
Updated to correspond with current KBOR policy (9-10-15).
 

Contracts and Contractual Authority Policy Statement

All purchase contracts shall follow procurement procedures.

All contracts shall be negotiated by approved personnel who have officially been authorized by the President of the University or a Vice President to negotiate contracts on behalf of the University. This includes any contract that involves University resources.

Contract approval process shall move from the initial negotiation to the General Counsel office for approval as to form and coverage of liabilities.
Any contract that involved any monetary exchange with the University must be reviewed by Administration and Finance as well.

After stamp of approval from General Counsel and Administration of Finance then the contract may be signed by either President of the University or Vice President of Administration and Finance.

All contract renewals shall follow the same pattern.

Copies of all contracts shall be kept at the Office of General Counsel.

Contracts with outside sources

A copy of all contracts with agencies, persons or other sources outside of the University or contracts between the University and faculty or students for items other than employment, housing or instruction activities should be submitted to the office of the General Counsel. The office of the General Counsel will maintain copies for University reference. The original or a second copy should be maintained in the department originating the contract. All documents submitted are considered attorney-client communication.

Affiliation Agreements

All agreements to affiliate University instructional departments with agencies, persons or other sources outside the University for the purpose of student instruction shall be submitted to the office of General Counsel for review. After review, the general counsel will return the agreement with commentary, if any, to the department submitting the same to complete the negotiations. After review and approval as to form, General Counsel, will return to the Department to obtain the outside parties signatures. After return of signatures from outside party, then the contract will then be forwarded to obtain University signature. One copy of the agreement should be kept in the department or source originating the contract. A copy of the signed affiliation agreement should be forwarded to the office of the General Counsel for University reference. All documents submitted are considered attorney-client communication.

Construction, Bid or Other Contracts Negotiated through the Department of Administration

Contracts generated through or negotiated by the Department of Administration on behalf of the University are maintained in the finance office and are exempt from these requirements.

Student/Faculty Housing Contacts

Contracts between the University and faculty, staff or students for University housing are maintained in the Residential Life office and are exempt from these requirements.

Student/Faculty Employment Contracts

Contracts between the University and faculty, staff or students for University employment are maintained in the Human Resource’s office and are exempt from these requirements.

Alumni Association

Contracts generated and funded by the University Alumni Association that are limited in duration and level of consideration, i.e., contracts for room reservations, are exempt from these requirements.

Athletic Contracts

Contracts generated and funded by the University Athletic Association that are limited in duration and level of consideration, i.e., contracts with officials for athletic events, are exempt from these requirements.

Contract Review

Any department may submit a proposed contract to the office of the General Counsel for review and comment prior to signing the contract.  This includes any contract that may be maintained in a separate office and is exempt from the requirements discussed supra. All documents submitted for review are considered attorney-client communication.

Adopted by Executive Leadership Team (02-26-16).
See University Policies, University Contracts and Contractual Authority.

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