Contract Submission and Review Process

Prior to submitting a contract for review (and even if the contract is exempt from the review/approval requirement by Contract Management) the initiating department must review the contract and focus on the business implications of the terms and conditions of the contract. The initiating department must determine what it can or cannot agree to, and what needs to be negotiated with the contractor/vendor. Examples for issues to consider during this
review include:

• The contract terms and conditions, including duties of the parties, are correct, clear, consistent, and acceptable to KSU and the  department.
  
• Collaboration and/or approval by any other KSU department that will assist with the implementation of the services or product or is affected by the contract.
  
• The college, department, or unit has the necessary funds and resources for this contract. The college, department, or unit may check fund availability through e-Pro or the Office of Budget and Planning.
• The contract is appropriate and serves the department’s mission and responsibilities.
  
• The services provided are the most feasible for the University in terms of quality and cost.
  
• The contract includes the entire understanding between the parties, without additional
  oral explanations or promises that are not included in this contract.

During the review process, contracts are reviewed by various administrative offices to ensure that the university can meet the terms of the contract and to ensure compliance with laws, rules, regulations and KSU specific policies and procedures.

For example, the purchase of equipment, depending on the size of the item, energy requirements, technology, emissions, and cost require multiple department reviews. For installation, Facility reviews the space and energy requirements; UITS reviews the technology needs for integration, interface, security; Environmental Health and Safety reviews the type of emissions and possible noise level, Procurement reviews the cost and determines the best method for buying the item or whether it is exempt from State Procurement rules, i.e. Technical Instruments, Library books and materials.

As part of this process, all contracts are reviewed by the Office of Fiscal Services and Legal Affairs to ensure compliance with laws and regulations. When applicable, Risk Management reviews contracts to suggest insurance requirements and advise on risk to the campus and its constituents.

During the review process, if any reviewing department has questions, they will contact the initiating department directly or communicate through the CMS contract record request. Once they have finished their review of the contract, they will notify the Contract Management team of the status and will attach any necessary modifications/addendums directly to the CMS contract record request.

Once all revisions are incorporated or appended to the contract, the Contract Management team will e-mail the initiating department with one of the following notification types, along with any applicable modification attachments, and an assigned KSU contract number:

• The contract has received final approval and the appropriate signature authority may sign the contract; or
  
• The contract has received final approval with modifications; or
  
• The contract is not approved and cannot be signed
  

If a contract is approved without modifications, KSU and the vendor may sign the approved version of the contract. Depending on the contract, the contract may be signed by the initiating department, Procurement Officer/Specialist or routed by the requester to the appropriate signature authority for signature.

If a contract is approved with modifications, the initiating department and vendor will need to agree to the changes. Once agreed, both parties may:

• Fully accept the changes if redline modifications were made and sign the contract.
  
• KSU and the vendor may sign the contract. Depending on the contract, the contract may be signed by the initiating department, the Procurement Officer/Specialist, or routed by the requester to the appropriate signature authority for signature. Any modifications that are not finalized will need to be initiated by both parties.
  
• However, if a vendor does not accept KSU’s modifications or proposes new modifications, the initiating department will attach the new version of the contract into
  the CMS contract record request and/or add comments on the Details tab so that the vendor’s modifications can be reviewed as needed. In some cases, the terms of the contract may need to be negotiated with the vendor in consultation with Legal Affairs.

Pre-approved templates are standardized contract documents approved by KSU Legal Affairs. There are two (2) types of pre-approved templates:

1. University templates – approved for use by all colleges and departments.
2. College/Department templates – templates that have been created for a specific use for a particular college or department that only they can use.

Regardless of the type of template, all contracts created based on unmodified, pre-approved templates must be fully signed and submitted to the KSU Contract Management System (CMS) prior to the event or service.

University Pre-Approved Templates are as follows:

• Artistic Performance Agreement Packet
• Lecture Agreement Packet
• Travel Expense Rider (Not a standalone Document)
• KSU Data Confidentiality Addendum

Each of the pre-approved templates can be found in the Contract Management System under "View My Templates" on the bottom left side of the homepage.

For Procurement Contracts, the Procurement Officer/Specialist, listed as the Internal Contract Owner within CMS, will send the contract to the supplier for signature, after consulting with the initiating department on any changes to the contract, and communicate with the department regarding submitting an ePro requisition, etc. The Procurement Officer/Specialist will upload the fully executed contract into the Contract Management System.

For non-procurement contracts, the department requestor will obtain the signatures and upload the fully executed contract into the Contract Management System using the ‘Signature’ tab of the contract record.

All contracts created based on unmodified, pre-approved templates must be fully signed and
submitted into the Contract Management System (CMS) prior to the event or service.

All fully executive signed contracts are required to be submitted to the Contract Management System to ensure they are added to the University repository. Failure to upload a signed contract can result in a contract being marked as Unauthorized or being outside of the contractual agreement.