Contract Submission and Review Process (CMS)

KSU Contract Management System

Contract Management ensures that each contract receives all the applicable reviews and
approvals, and provides final approval of the contract, which is required prior to signing the
contract.

Proposed contracts must be submitted for review to the University’s Contract Management
team, via the Contract Management System (CMS), and approval must be obtained before the
contract is signed and/or executed. The submission process differs for Non-Procurement
contracts and Procurement contracts.

Non-Procurement Contracts are submitted by the department directly into the Contract
Management System.

Non-Procurement Contracts Include:

• Purchase agreements of less than $2,500 being submitted through Payment Request
  or P-Card
• Pre-Approved University Templates
• Memorandum of Understanding
• Affiliate Agreements
• Game Day Contracts
• Zero Dollar Contracts
• Agreements where money is coming into KSU.

Procurement Contracts should be attached to the ePro requisition and will be reviewed as the
ePro requisition is reviewed and approved by specialized departments, if applicable. Once
procurement receives the ePro requisition with the contract attached, your procurement
partner will submit the contract with the ePro comments to the Contract Management System
so that the additional approval teams can complete a final review.
Procurement Contracts Include:

• Purchase agreements more than $2,500
• Purchases with a payment method of Purchase Order
• Leased Equipment
• Quotes, proposals, and statements or scopes of work, based on an existing University
  (Agency), USG, or Statewide contract, should be submitted through a requisition to
  Procurement, not Contract Management. Procurement will determine if the terms and
  conditions are consistent with the existing contract and submit it to CMS as needed.

Exemptions to the review requirements of Contract Management can be found here.

• Review by the Initiating Department 

  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.
    
• Contract Management’s Review of the 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.

• Contract Approval

  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 Contract Templates

  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.

• Signed Contracts

  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.