Office of Procurement and
Contracts
Procurement Policies and Procedures
Manual
Last Updated: November 2023
ii
TABLE OF CONTENTS
Introduction and General Overview.................. 5
A. OPC Mission Statement .........................5
B. Introduction ............................................5
C. General Overview ..................................6
2. Definitions and abbreviations ....................... 7
A. Terms and Definitions .............................7
B. Common Abbreviations .......................11
3. Authority and Scope ................................... 13
A. OPC Authority ......................................13
B. Delegated Authority ..............................14
4. Key State Employee Roles.......................... 16
A. Responsibilities of OPC Positions ........16
B. Responsibilities of Agency Positions ....17
C. Procurement Negotiating Committee
(PNC) ...................................................18
D. Other Governing Bodies .......................19
5. Procurement Tools ...................................... 22
A. PeopleSoft SMART ..............................22
B. Procurement Templates, Forms, and
Resources .............................................22
6. Ethical Standards and Policies .................... 24
A. Lobbying - K.S.A. 46-232 ...................24
B. Conflict of Interest - K.S.A. 46-233 ....24
C. Gifts - K.S.A. 46-236 – K.S.A. 46-237a
25
D. Representation Cases and Disclosure
Statements - K.S.A. 46-226, K.S.A 46-
239 – K.S.A. 46-240 ............................26
E. Confidential Information and
Whistleblower Protection – K.S.A. 46-
241, K.S.A. 75-2973 ............................26
F. Substantial Interests and Personal
Benefit or Gain – K.S.A. 46-247 – 46-
252, K.S.A. 75-3739(m) ......................26
G. Kansas Governmental Ethics
Commission and Violation of State
Governmental Ethics Law – K.S.A. 46-
253 – 46-263 ........................................27
H. Retention of Records ............................27
7. Lifecycle Process Overview ....................... 28
8. Need and Funding Identification ................ 30
A. Identifying a Need for a Good, Service,
or System .............................................30
B. Identifying the Purchasing Entity ........30
C. Identifying the Funding Source for a
Good, Service, or System ....................31
9. Procurement Method Selection ................... 32
A. Established Agreements .......................32
B. Methods of Competitive Procurements
34
C. Methods of Non-Competitive
Procurements........................................38
10. Preparation of Solicitations, Specifications,
and Requisitions ........................................ 42
A. General Steps for Preparation of
Solicitations, Specifications, and
Requisitions..........................................42
B. Lead Time and Timeline Considerations
42
C. Required Documentation .....................44
D. Benchmarking and Market Research ...45
E. Scope of Work Development ...............45
F. Identifying Prospective Bidders ...........46
G. Convening of a Procurement Negotiating
Committee (PNC) ................................47
H. Bidder Qualifications and Evaluation
Criteria .................................................47
I. Contract Term ......................................48
J. Cost Sheets ...........................................48
K. Requisitions ...........................................49
L. Approvals ..............................................49
11. Solicitation Process ................................... 50
A. Solicitation Posting ...............................50
B. Vendor Communications.......................51
C. Pre-Proposal Conference .......................52
D. Vendor Questions ..................................52
E. Identifying an Evaluation Team ............53
F. Solicitation Opening Requirements .......53
12. Evaluation process .................................... 54
13. Preference Programs ................................. 58
14. Contract Negotiation and Creation ........... 63
15. Kansas Open Records Act ........................ 64
16. Award and Protest Process........................ 66
17. Contract Management ............................... 70
18. Vendor Management ................................. 74
A. Vendor Registration ..............................74
B. Vendor Performance Management ........74
C. Debarment and Suspension ...................75
19. Fiscal Year End Procedures ...................... 77
A. Processing Requisitions that Require
Bidding .................................................77
B. Processing Prior Authorization
Requisitions..........................................78
C. Processing Requisitions for Prior
Approved Contracts .............................78
D. Construction or Major Repairs and
Improvements ......................................79
Appendix A. Other Procurement Methods ..... 80
Appendix B. Prior Authorization Requirements
by Category ............................................... 82
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INTRODUCTION AND GENERAL OVERVIEW
A. OPC Mission Statement
“The mission of Procurement and Contracts is to promote the use and development of processes which
serve the best interests of the State of Kansas and its citizens, along with finding and implementing
increased economies and efficiencies in the procurement process, maintaining the highest level of
integrity, fostering broad based competition together with fair and equal treatment for all entities
involved in the procurement process, and always seeking the best value and highest quality of goods and
services being offered to the State of Kansas.”
B. Introduction
The purpose of this Procurement Policies and Procedures Manual (“Manual”) is to provide guidance and
detailed procedures concerning organizational structure, planning, solicitations, procurement methods,
procurement administration, contract award, and contract management, to supplement the requirements
of Kansas procurement statutes, rules and regulations. This Manual applies to the Office of Procurement
and Contracts and State Agencies, unless an exception has been granted, when procuring goods or
services. The Director of Purchases may delegate limited purchase authority to State Agencies in
accordance with K.S.A. 75-3738.
This Manual applies to all procurement transactions of the Office of Procurement and Contracts and
State Agencies. All procurement professionals, individuals involved with the procurement process, and
procurement officers of the Office of Procurement and Contracts or State Agencies should consult this
Manual with respect to all procurements. The procedures detailed in this Manual are intended to apply to
the usual circumstances an individual will confront in procuring goods and services. Given the unique
nature of procurements, procurement professionals should use their judgement to clarify the guidance
contained in this Manual when appropriate.
Every attempt is made to update the information presented in this Manual as policies and procedures
change. The most recent versions of this Manual shall take precedence over previous iterations of the
document. For additional information, procurement staff should refer to the authorities listed within each
section, or contact the appropriate office(s). Subsequent revisions to State and federal statutes, rules, and
laws may conflict with the information presented herein. In such situations, the statutes, laws, and rules
control. This Manual is a guide and is not an ultimate authority or legal advice. General principles of law
are discussed herein, but these are only general principles subject to many exceptions. If this Manual
does not address a specific situation, consult with legal counsel or contact the appropriate Procurement
Officer.
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DISCLAIMER: The OPC Director of Purchases may change, delete, waive, suspend or discontinue parts
of, or the entirety of this Manual, at any time without prior notice.
C. General Overview
This Manual includes the entire Procurement process from the conception of an idea/need to contract
through termination and a glossary defining terms of art used herein. Separate sections are devoted to
each of the process steps and based on the statutory requirements as outlined in Manual Section 3. As all
of these processes are inter-related, individuals involved with the procurement process should be
familiar with the content of each section. References and links to authorities and sources are provided to
assist in locating information omitted from this Manual. A glossary explaining terms used herein and
related concepts is included as a reference tool in Section 2, Definitions and Abbreviations, of this
Manual.
This Manual is intended to:
• Simplify and clarify State of Kansas law governing procurement
• Establish consistent procurement processes among the various state government entities
• Provide increased public confidence in the procedures followed in public procurement
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2. DEFINITIONS AND ABBREVIATIONS
A. Terms and Definitions
TERM
DEFINITION
Addendum
An addition or supplement to a document, e.g., items or information added to
a procurement document.
Alternate
Goods or services that deviate with respect to features, performance or use
from the goods or services specified in the procurement document.
Bid
A written offer to perform a contract to provide goods or services to the State
in response to a bid opportunity.
Bidder
A supplier who submits a bid to the State.
Brand name equal
A specification that uses one or more manufacturers’ brand names or catalog
numbers to describe the standards of quality, performance and other
characteristics needed to meet the requirements of a solicitation and provide
for the submission of equivalent products.
Contract
Any written instrument or electronic document containing the elements of
offer, acceptance, and consideration to which an Agency is a party.
Statewide Contracts: Contracts for goods and services established and
administered by the Division of Purchases on behalf of all Agencies.
Various Agency Contracts: Contracts for goods and services established and
administered by the Division of Purchases on behalf of several Agencies.
Agency Specific Contracts: Contracts for goods and services established and
administered by the Division of Purchases on behalf of a specific Agency.
Agency Contracts: Contracts for goods and services established and
administered by the Agency, itself. Certain purchasing authority limitations
apply.
Contractor’s
Representative
An individual designated by the Bidder or Contractor to act on their behalf
and with the authority to legally bind the Bidder or Contractor concerning
the terms and conditions set forth in bid and Contract documents.
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Debarment
The disqualification of a person to receive invitations for bids or requests for
proposals, or the award of a contract by a government body, for a specified
time commensurate with the seriousness of the offense, the failure, or the
inadequacy of performance.
Default
Failure by a party to a Contract to comply with contractual requirements.
Delegated Authority
For goods/services not available on State Contracts and costing less than
$5,000, Agencies have been granted authority to purchase without
competitive bids. Limited delegated authority has been granted to certain
agencies above $25,000 on an Agency-by-Agency basis.
Delivery
The formal handing over of property; the transfer of possession, such as by
carrier to purchaser.
Emergency Purchase
Those purchases necessary for preservation of life or property or to avoid
serious disruption of Agency operations.
Equal/Equivalent/
Approved Equal
Used to indicate that an item may be substituted for a required item if it is
equal in quality, performance, and other characteristics.
FOB Destination,
Freight Prepaid and
Added
Buyer pays freight charges.
Seller is responsible for goods in transit.
FOB Destination,
Freight Prepaid and
Allowed
Seller pays freight charges.
Seller is responsible for goods in transit.
FOB Origin,
Freight Prepaid and
Allowed
Seller pays freight charges.
Buyer is responsible for goods in transit.
FOB Origin,
Freight Prepaid and
Added
Buyer pays freight charges.
Buyer is responsible for goods in transit.
Interagency Purchase
(IGP)
A purchase by one governmental unit from another.
Invitation for bid (IFB)
A solicitation in which the terms, conditions, and specifications are
described, and responses are not subject to negotiation. Can be awarded as a
Contract or Purchase Order. Can be awarded to multiple Bidders.
Lead Time
The period of time between when the Contractor receives the order, and the
Agency receives the goods/services.
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Negotiated
Procurement Process
A procurement process based upon the concept of "best value" and enables
Agencies to consider factors in the evaluation of bid responses beyond cost,
including Vendor qualifications, past performance, and service delivery
methodology.
Non-Negotiated
Procurement Process
A procurement process by which sealed bids are received and are awarded to
the lowest responsive and responsible Bidder meeting specifications without
negotiations.
Off-Contract Purchase
If a State Agency locates a Vendor that can provide the identical contract
item at a lower price, a waiver to "buy off state contract" may be granted by
the Department of Procurement and Contracts.
P-Card
A type of Commercial Card that allows organizations to take advantage of
the existing credit card infrastructure to make electronic payments for a
variety of business expenses (e.g., goods and services).
Political Subdivision
A Kansas political subdivision is any Kansas municipality, agency or
subdivision authorized to levy a tax or certify a levy of tax, on tangible
property and other entities enumerated in Kansas law. Political subdivisions
in Kansas include, but are not limited to:
• Airport authorities
• Cities and municipalities
• Community-based mental health centers
• Counties
• County hospital districts
• Drainage districts
• Groundwater management districts
• Housing authorities
• Metropolitan transit authorities
• Port authorities
• Public building commissions
• Rural water supply districts
• School districts
•
Townships
Prior Authorization
Direct procurement of goods/services by the agency, granted by the Director
of Purchases and may be conditioned by dollar amounts, terms or time limits
and granted or withdrawn by the Director.
Procurement
Negotiating Committee
(PNC)
Designated individuals within the PNC are responsible for reviewing,
evaluating, and clarifying all proposals in response to an RFP, and ultimately
recommend the successful Bidder(s) for award.
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Proprietary
Trade secrets or proprietary information legally recognized as such and
protected by law.
Purchase Order
The signed written acceptance of the offer from the Vendor. A purchase
order serves as the legal and binding contract between both parties.
Purchaser
Also known as Buyer, Procurement Officer, Contract Officer. Includes
procurement staff of the Kansas Department of Administration, Department
of Procurement and Contracts, as well as state agencies, political
subdivisions, and institutions of higher education who purchase under
applicable state laws.
Qualified Products List
A list of products that, because of the length of time required for test and
evaluation, are tested in advance of procurement to determine which
suppliers comply with the specification requirements. Also referred to as an
"approved brands list."
Request for Proposal
(RFP)
A solicitation in which it is not advantageous to set forth all the actual,
detailed requirements at the time of solicitation and responses are subject to
negotiation. Price must be a factor in the award but not the sole factor.
Request for Quotation
(RFQ)
A bid for one-time, single purchase of goods/services. Non-negotiable. Can
only be awarded as a Purchase Order. Can be awarded to multiple Bidders.
Responsive Bidder
A Bidder whose bid does not vary from the specifications and terms set out
in the invitation for bids.
Sole Source
An acquisition where, after a search, only one supplier is determined to be
reasonably available for the required product, service, or construction item.
State Agency
State institutions of higher education, offices of the elective state officers, the
supreme court, the court of appeals, the administrative and other departments
of state government and the offices of all appointive officers of the state.
State Procurement
Officer
An individual designated by the State to act on behalf of the State to develop
and administer Contracts within the limits established by law.
State Use Program
A program established to govern State Agency and Unified School District
purchases of certain goods and services to the products and services
manufactured by blind and severely disabled Kansans.
Statewide Contracts
Contracts established by the Office of Procurement and Contracts for goods
or services that all statutorily required State Agencies must utilize and that
may be used by
Political Subdivisions
Tabsheet
Bid Tab
A spreadsheet prepared after most bid openings, reflecting all Vendors and
pricing. This becomes public record after award (see bid document or
Division of Purchases website for instructions to obtain copy).
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Tabsheets
Tabsheets are a summary of Bidders names and bid amounts as submitted for
an IFB or RFQ event. OPC can provide tabsheets after a bid event has
closed. Tabsheets are not available on RFP events
Termination for Cause
If the Vendor/Contractor fails to fulfill its obligations under the Contract in a
timely or proper manner, or if the Vendor/Contractor violates any terms of
the Contract, the State has the right to terminate the Contract.
Termination for
Convenience
The State may terminate a Contract without cause. Said termination will not
be deemed a breach of Contract by the State. Termination for convenience is
utilized for reasons outside of the Vendor/Contractors contractual default.
Vendor
Supplier
Merchant
Contractor
A business that provides or furnished goods, materials, or services. An
individual, company, corporation, firm, or combination thereof with whom
the State develops a Contract for the procurement of goods or services.
B. Common Abbreviations
ABBREVIATION
ADA
ARO
BAFO
CHE
CITO
COM
DCC
DOA
DOP
EMR
FSNC
GSR
HIPAA
IBC
IFC
IFGC
IGP
IMC
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IPC
IRCA
IT
ITEC
JCIT
KARS
KCI
KDOA
KITO
KORA
KSA
LRE
NDA
NEC
OFPM
OKP
OPC
PA
PAR
PEP
PNC
PO
PSP
SBAC
SCW
SMART
STX
TNC
USE
USR
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3. AUTHORITY AND SCOPE
The Department of Administration (DOA) Office of Procurement and Contracts (OPC) is rooted in
Kansas State law, specifically in K.S.A. Chapter 75, Article 37. The authority of OPC is also defined in
this same article of statute. In short, the Director of Purchases, or their designee within OPC, is
responsible for the purchasing, renting, and provision of supplies, materials, equipment, and services for
all State Agencies. This includes the power to specify methods of purchasing within statutory
requirements and the power to authorize State Agencies to procure the aforementioned goods and
services under certain guidelines. State law is clear on this point: the purchasing authority for all State
Agencies is concentrated within OPC. Any delegation of that authority, which will be discussed in this
section, from OPC, is granted at the discretion of the Director of Purchases.
A. OPC Authority
All purchasing functions conducted by OPC are done either by or on behalf of the Director of Purchases
in whom State law has vested ultimate procurement authority for State Agencies. The Director of
Purchases may:
● Set guidelines for purchases under $5,000 that all Agencies must follow.
o Agencies that have been granted an exception to OPC’s purview either in the State
Constitution or in statute may make purchases in accordance with the exceptions granted
to them.
● Set guidelines in addition to those required by statute for purchases over $5,000 that
Agencies must follow.
● Grant authority to Agencies to make purchases up to $25,000 within guidelines set by
statute (K.S.A. 75-3739 (e) and OPC that Agencies must follow.
● Restrict authority previously granted to Agencies to make purchases.
● Reject Agency purchase requests if they are not compliant with statutory requirements or
the guidelines lawfully set by OPC.
For purchases within an Agency’s delegated authority (e.g., under the dollar threshold specified by the
Director of Purchases within their delegation of purchasing authority to a specific Agency or division),
the purchases do not need to be reviewed or approved by OPC. These purchases, however, are still
subject to statutory bidding requirements and the purchasing guidelines set by OPC and described in this
Manual and any additional information contained at the Department of Administration website.
Best Practice: All Agency purchases must be made in accordance with statutory requirements
and, unless the Agency has been granted a specific exception by the State legislature in statute or
through specific legislation, or OPC guidelines regardless of the purchasing authority delegated to
the Agency or division by the Director of Purchases.
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B. Delegated Authority
The term “delegated authority” as used in this Manual and elsewhere is a privilege granted to Agencies
or divisions by the Director of Purchases to make purchases up to a specific dollar amount without
review and approval by OPC. No level of delegated authority is statutorily granted to Agencies or
divisions nor is the Director of Purchases statutorily required to grant this authority. By statute, the
Director of Purchases may only grant delegated authority for purchases up to $25,000. Presently, the
standard delegation to agencies is $5,000 per Vendor per fiscal year. For example, there is a Store A
in Topeka that a State Agency purchases a category of goods from because there is not an established
Contract for this category of goods. The State Agency may purchase these goods from Store A in
various quantities at their discretion until their spend with Store A over the course of a single fiscal year
reaches $5,000. Agencies and divisions may request an increase in this delegation amount up to $25,000
per purchase from the Director of Purchases, who may grant or deny this increase at their sole
discretion. Additionally, the Director of Purchases may place restrictions on the increase such as a time
limit or scope requirements (e.g., the Director of Purchases may grant an increase in authority that will
only last one (1) calendar year or may only be used to procure a specific type of product or service). An
Agency or division granted authority above $5,000 per Vendor per fiscal year is still required to make
purchases in accordance with statutory requirements and all OPC guidelines.
Best Practice: It is important for Agencies and divisions to keep track of their purchases made
with Vendors to ensure they will not exceed their delegated authority.
For all Agencies and divisions that are either near exceeding or have exceeded their delegated authority,
all purchases must be made with the review and approval of OPC and in accordance with statutory
requirements and OPC guidelines. For Agencies and divisions who are near exceeding or have exceeded
their delegated authority, please see the “Options to Obtain Authorization for Spend Exceeding Agency
Delegated Purchasing Authority” document found on the OPC website and Manual Section 9D, I Prior
Authorizations. Any questions related to an Agency’s delegated authority may be directed to OPC
through that Agency’s procurement staff.
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DELEGATED AUTHORITY RECAP
Purpose: To ensure the wise and lawful use of state funds for purchases.
Granting Authority: OPC
Granted Authority: Agency or Division
Amount: $5,000 per Vendor per fiscal year unless otherwise specified by the Director
of Purchases.
If a purchase is within my delegated authority, is my Agency/divisions exempt
from statutory purchasing requirements and OPC guidelines? No.
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4. KEY STATE EMPLOYEE ROLES
While the purchasing authority for the executive branch is vested in the Director of Purchases, with the
delegation of that authority to State Agencies comes a necessary interaction between multiple State
employees and entities. This section seeks to define the responsibilities of all individuals and entities
involved in the procurement process. On all matters related to procurement, any disagreement or
uncertainty between State employees, Agencies, and divisions will be referred to and resolved by the
Director of Purchases.
A. Responsibilities of OPC Positions
As the central procurement authority for all covered State Agencies, the employees within the Office of
Procurement and Contracts (OPC) are the subject matter experts for procurement matters and are
responsible for ensuring that all purchases that go through OPC adhere to statutory purchasing
requirements and OPC guidelines. Additionally, OPC staff support Agencies with any and all
purchasing questions and procurement needs. Agency staff should not hesitate to reach out to OPC when
a question or uncertainty arises, even if it arises within that Agency’s delegated authority. Oftentimes a
serious audit risk may be avoided if OPC is involved sooner rather than later. Please note that the
following descriptions of OPC staff responsibilities are not exhaustive:
1. Director of Purchases
a. The Director of Purchases is the head of OPC and is appointed by the Secretary of
Administration.
b. The Director of Purchases oversees and manages the OPC office and is responsible for
setting all purchasing guidelines within the boundaries set by statute.
c. The Director of Purchases sits on the Prior Authorization Review (PAR) team and has the
final approval on all prior authorization requests.
d. The Director of Purchases or assigned delegate sits on all Procurement Negotiating
Committees (PNCs) and may designate another State employee to sit on any PNC.
e. The Director of Purchases will receive and adjudicate any and all internal/external protests in
accordance with the protest policy he or she sets forth.
2. Deputy Director
a. Deputy Directors are responsible for the direction and guidance of specific teams within the
Agency.
b. They route requestions, evaluate prior authorizations, interface with Agencies, and assist with
difficult contracting issues.
c. These positions are executive management and directly report to the Director of Purchases.
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3. Procurement Officer (PO) IV, III, II, and I
a. A Procurement Officer IV may be designated as a manager for certain purchasing categories
(e.g., IT/Construction, Good/Services, and P-Card) and will report directly to the Director of
Purchases.
b. A PO IV will manage and oversee all Procurement Officers III, II, and I within the OPC and
all POs are responsible for ensuring that all statutory purchasing requirements and OPC
guidelines are met.
c. A PO IV may sit on the Prior Authorization Review (PAR) team
d. POs may have the final approval on some Prior Authorization requests.
e. POs may be responsible for conducting procurements for State Agencies or for Statewide
Contracts.
f. POs may be the only point of contact for Bidders while a procurement is active (e.g. after it
has been publicly posted and prior to Contract award).
g. POs are responsible for sharing clarifying questions between Bidders and the PNC.
h. POs will sit on a Procurement Negotiating Committee (PNC) as the designee for the Director
of Purchases.
i. POs will be responsible for receiving and opening all bids received by Bidders for a
procurement they are conducting on behalf of an Agency or on behalf of all State Agencies.
j. POs are responsible for reviewing the PNC’s evaluation and recommendation.
k. POs will assist in the negotiation of Contract terms with Bidders.
4. Prior Authorization Review (PAR) Team
a. The PAR Team is comprised of the Director of Purchases and their delegates as deemed
necessary.
b. The PAR Team will be responsible for reviewing Prior Authorization (PA) requests that are
submitted as determined by the Director of Purchases. The purpose of the PAR team is to
approve or deny Prior Authorizations as submitted by Agencies and may include
coordination with Agency staff to clarify or modify the request.
c. The PAR team may accept or deny any request, and the decision of the Director of Purchases
is final.
B. Responsibilities of Agency Positions
The structure, roles, and responsibilities in each Agency can vary as widely as the needs of each Agency
do. With that in mind, there are specific responsibilities within the procurement process that Agencies
will be primarily responsible for and in which OPC either has no role in or only services as the
reviewing authority. OPC staff remains, however, a resource available to all State Agencies for any
questions or uncertainty during the procurement process. Agency staff should not hesitate to coordinate
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all questions to OPC through their primary Agency Procurement Officer or, if their Agency does not
have dedicated full- or part-time procurement staff, their finance office.
1. Primary Agency Procurement Officer (where applicable)
a. Agency Procurement Officers will serve as the main point of contact between OPC and other
Agency staff, handling all questions and matters between the two entities related to
purchasing and contracting.
b. Agency Procurement Officers are responsible for being familiar with and following all
Kansas procurement statutes, including any statutory exemptions granted to their Agency.
c. Agency Procurement Officers are responsible for being familiar with and following all OPC
procurement policies and procedures, including any documented exceptions they have been
granted by the Director of Purchases.
d. When a procurement is conducted through OPC, Agency Procurement Officers will be
responsible for reviewing and submitting all bid materials to OPC
e. When a procurement is conducted through OPC, Agency Procurement Officers will be
responsible for providing a potential Bidder list to OPC.
f. When a procurement is conducted through OPC, Agency Procurement Officers will be
responsible for reviewing all evaluation materials and recommendations of the PNC (if
applicable) and sharing these with OPC.
2. Agency Subject Matter Experts (SMEs)
a. Agency subject matter experts will coordinate with their Agency Procurement Officer or
finance staff to identify the needs of that Agency and are responsible for drafting clear and
unambiguous specifications for all procurements that meet the needs of the Agency and that
fosters competition.
b. Agency subject matter experts will support their Agency Procurement Officers or finance
staff in preparing a potential Bidder list.
c. Agency subject matter experts may sit on the PNC if appointed as the Agency head designee
or the Secretary of Administration’s designee.
C.
Procurement Negotiating Committee (PNC)
As established in statute, the Procurement Negotiating Committee (PNC) is composed of three
individuals: the Director of Purchases or their designee; the Chief Administrative Officer of the State
Agency requesting the procurement or their designee, and the Secretary of Administration or their
designee. If the Agency is making an IT requisition, the State Chief Information Officer or their
designee will replace the Secretary of Administration. If an Agency is making a Financial Institution
requisition that falls under K.S.A. 75-75-3799, the Director of Accounts and Reports replaces the
Secretary of Administration. Representatives of different Agencies may sit on this committee and the
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unique statutory responsibility granted to this committee, the description of the PNC’s role has been
separated from OPC and Agency role sections.
A PNC is convened after an Agency submits a requisition to OPC and includes a PNC Request Letter.
The Agency will identify the Agency representative who will sit on the committee and OPC will
designate the OPC representative. The third PNC member is a designee for the Secretary of
Administration’s representative. Protocol over the years has permitted this representative be from the
Agency, however, the Secretary of Administration can appoint any designee of their choosing. The PNC
will be responsible for reviewing, evaluating, and clarifying all proposals in response to an RFP. This
includes the technical response, pricing proposals, and any suggested standard Contract modifications
from the Bidders. While additional State employees may review proposals, it is ultimately the
responsibility of the PNC to formally recommend the successful Bidder(s) for award.
Best Practice: Agencies submitting requisitions that will become RFPs for services, Financial
institution per K.S.A. 75-75-3799 or IT systems should make sure they submit a PNC Request Letter
with their requisition. The Agency also should have the Agency PNC committee members identified
at that time.
The PNC, upon receipt of proposals, may coordinate the evaluation as they see fit within the PNC and
any other State employee to whom they grant access to the proposals and from whom they have received
Non-Disclosure Agreements (NDAs). The PNC, in conjunction with the procuring agency, may draft
clarifying questions for Bidders and submit those to OPC, who may then share those with Bidders. The
PNC will be responsible for drafting a recommendation to be shared with OPC that designates with
which Bidder(s) the PNC wishes to enter into a Contract. This recommendation must include an
objective summary of the proposals, including the reasons why the successful Bidder(s) was/were
selected over the other Bidders.
The PNC may not communicate with Bidders while the procurement is still active and may not share
details of any Bidder’s proposals with other State employees who have not signed and submitted NDAs
to OPC.
D. Other Governing Bodies
While OPC is the central procurement authority for the State of Kansas and collaborates with Agency
staff to procure goods and services, there are several other bodies within the executive and legislative
branches that are involved in specific procurement activities.
1. Kansas Information Technology Office (KITO)
a. KITO is responsible for supporting Chief Information Technology Officers across the three
branches of government.
b. For IT procurements defined as a project, KITO will assign a risk score through a process
known as the Kansas Approval and Reporting System (KARS). If the project is determined
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to be reportable, the KITO must be involved in the preparation of specifications and
procurement documentation prior to submission to OPC.
c. Information technology (IT) project means an information technology effort by a State
Agency of defined and limited duration that implements, effects a change in, or presents a
risk to processes, services, security, systems, records, data, human resources or architecture.
d. Project means a planned series of events or activities that is intended to accomplish a
specified outcome in a specified time period, under consistent management direction within a
State Agency or shared among two or more State agencies, and that has an identifiable
budget for anticipated expenses.
e. For more information, see Manual Appendix A.
2. Joint Committee on Information Technology (JCIT)
a. JCIT is comprised of ten Kansas legislators, five from the House of Representative and five
from the Senate.
b. JCIT is responsible for providing feedback, if applicable, on IT project related procurements
with a significant business risk.
c. For more information, see Manual Appendix A.
3. Information Technology Executive Council (ITEC)
a. ITEC is comprised of representatives from all three branches of government with
representatives from large and small Agencies, legislative representatives (two from the
House and two from the Senate), representatives from local and county governments and a
private sector representative.
b. ITEC is responsible for setting IT policy for the State of Kansas government. Further
information about ITEC’s IT policies can be found at their site.
4. State Building Advisory Committee (SBAC)
a. The SBAC is an independent, statutory commission responsible for reviewing and
maintaining the list of pre-qualified Vendors for construction related projects.
b. For more information on construction procurements, see Manual Section 9 Procurement
Methods and Appendix A.
5. Financial Services Negotiating Committee (FSNC)
a. An FSNC is a version of a PNC convened for the unique procurement of financial services.
These procurements are exempt from the competitive procurement processes outlined in
statute and in this Manual.
b. In addition to an OPC representative and an Agency representative, a representative from the
Office of Accounts & Reports must also sit on the FSNC.
c. For more information on the FSNC, see Manual Appendix A.
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6. Telecommunication Negotiating Committee (TNC)
a. A TNC is a version of a PNC convened for the unique procurement of telecommunication
services. These procurements are exempt from the competitive procurement processes
outlined in statute and in this Manual.
b. In addition to an OPC representative, a representative from the governor’s office and a
representative from the Executive Branch Information Technology (EBIT) must also sit on
the TNC.
c. For more information on the TNC, see Manual Appendix A.
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5. PROCUREMENT TOOLS
A. PeopleSoft SMART
The Office of Procurement and Contracts and all State Agencies shall utilize the Statewide
Management, Accounting, and Reporting Tool (SMART) for processing procurement transactions as
provided in this Manual. SMART is used by both Office of Procurement and Contracts (OPC) staff,
Agency staff, and Vendors to carry out functions from all phases of the procurement process. Some
procurement functions conducted utilizing SMART include, but are not limited to:
● Requisition Submission
● Prior Authorization Request Submission
● Supporting Document Submission
● Electronic Bidding
● Electronic Signatures
● Contract Creation
● Contract Maintenance
● Contract Research
● Vendor Registration
Throughout this Manual, guidance will be provided when procurement functions need to be conducted
in SMART.
B. Procurement Templates, Forms, and Resources
A fundamental component to sound procurement practices is standardized solicitation tools and sample
Contract language in the form of solicitation templates. For OPC employees, these documents have been
developed to assist OPC staff in reducing risk and increasing compliance associated with State
procurement. For Agency employees, each Agency is responsible to align with OPC procedures. The
following OPC templates are available and can be found as indicated below:
Templates, Forms, and Resources for Agency Use – Examples
(Full list of all current forms may be found at the Procurement Forms page on the OPC website)
● Prior Authorization (PA) Request Form
● Procurement Negotiating Committee (PNC) Request Letter
● Policy Regarding Sexual Harassment Acknowledgement Form
● Boycott of Israel Certification Form
● DA-146a – Contractual Provisions
● Immigration & Reform Control Act (IRCA)
● Non-Disclosure-Conflict of Interest Agreement
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● W-9 – Request for Taxpayer Identification Number and Certification
● Complaints to Vendor Form
● Events/Conference Quote Form
● KCI Waiver Request Form
● Quarterly Report Format
● Monthly Report Form – Staff Augmentation
● State Use Waiver Request Form
● Protest Procedure
● State of Kansas Debarred Vendors List
● Glossary of Common Procurement Terms
Best Practice: Prior to beginning any work, ensure that you have the most current version of the
template or form.
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6. ETHICAL STANDARDS AND POLICIES
The Office of Procurement and Contracts recognizes that personnel involved in the procurement process
and contract administration act as representatives of the State of Kansas. Employees involved in the
procurement process must conduct themselves in such a manner as to ensure the integrity of the process
and to ensure all duly qualified and responsible Bidders have equal access to the procurement process.
To achieve this end, it is imperative that those involved in procurement and contract administration
observe the provisions of the State governmental ethics law, which consists of K.S.A. 46-215 through
46-293 and K.S.A. 46-237a, and amendments thereto. For the full text of the State governmental ethics
law, please refer to the Kansas Legislature website. In addition, all procurement rules and policies of the
Office of Procurement and Contracts must be followed during all procurement and contract
administration decisions and processes, except in the case of statutory exception or by the discretion of
the Director of Purchases. If an agency believes they have an exception to the procurement rules and
policies of the Office of Procurement and Contracts, they must contact the Director of Purchases to
verify.
Relevant sections of the State governmental ethics law include:
A. Lobbying - K.S.A. 46-232
State officers or employees are prohibited from lobbying their own State Agency if they accept
compensation for such lobbying.
B. Conflict of Interest - K.S.A. 46-233
When a State employee discovers any potential conflict of interest, they must disclose this conflict of
interest, as soon as it is known, to the Director of Purchases. K.S.A. 46-233 states that State officers
or employees shall not be substantially involved in the preparation or creation of, or signatory to
contracts with, any business the State employee may be employed by or the employee or employee’s
immediate family may have substantial interest in. “Substantial interest” is defined in K.S.A. 46-229.
In contracts in which a State officer or employee has been substantially involved, the State employee
will not accept employment at the contracted business until two years after the contract is completed
or two years after the State employee ends employment at the State, whichever is sooner. Please see
K.S.A. 46-233 for the full text and information.
The Non-Disclosure – Conflict of Interest Agreement (“NDA Document”) signed by State
employees involved in the bid and evaluation of RFPs also includes a restatement of the conflict of
interest standards. Per the NDA Document, a conflict of interest “would arise when I or any member
of my immediate family, or an organization which employs or is about to employ me or any member
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of my immediate family, has a financial or other interest in a Bidder submitting a response to the
RFP.” The NDA Document also includes the acknowledgement “Further, I acknowledge that Kansas
law prohibits me from accepting employment with a contractor for two (2) years after the end of the
contract or two (2) years after my employment with the state ends, whichever is sooner, if I
participated in the making of a contract with that contractor.” Should a real or apparent conflict of
interest become known or inferred, all employees are required to report any such violations of this
policy to their immediate supervisor, the Director of Purchases, and the Secretary of the
Administration. Specifically, written notice is required to be provided to the Director of Purchases at
the address listed in the NDA Document. Please see the NDA Document at the Office of
Procurement and Contracts website, under Procurement Forms, for the full text.
In addition, the disclosure of conflicts of interest is included in Appendix B, Terms and Conditions of
the Bid Event Details. This appendix contains the acknowledgment: “With the submission of a
response for this bidding event, you certify that you do not have any substantial conflict of interest
sufficient to influence the bidding process of this event. A conflict of interest of substantial interest
is one which a reasonable person would think would compromise the opening bidding process.”
Though procurement officers do not sign the NDA Document for bid events, they are members of
the Procurement Negotiating Committee and a designee of the Director of Purchases, and thus are
also held to the provisions of K.S.A. 46-233.
C. Gifts - K.S.A. 46-236 – K.S.A. 46-237a
State officers and employees may not accept any economic opportunities, gifts, loans, gratuities,
special discounts, favors, hospitality or services that totals to an aggregate value of $40 or more in
any calendar year, or any recreation that has an aggregate value of $100 or more in one calendar
year, from any one person that is known or should be known to have a special interest in influencing
the State officer or employee. Accepting any payment of honoraria for a speaking engagement is
similarly prohibited, except that a member of the State legislature or part-time officer or employee of
the executive branch is allowed to receive an amount fixed by the Commission for a speaking
engagement in accordance with a prior agreement made before accepting the speaking engagement.
Similarly, State officers and employees may not solicit any economic opportunity, gift, loan,
gratuity, special discount, favor, hospitality, or service from any person known to have a special
interest and in which it is known or should be known that the major purpose is to influence the State
officer or employee in their official duties.
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D. Representation Cases and Disclosure Statements - K.S.A. 46-
226, K.S.A 46-239 – K.S.A. 46-240
A representation case is defined, in part, by K.S.A. 46-226 as “the representation of any person,
client, principal, or third person, with compensation, in any matter before any State Agency where
the action or non-action of the State Agency involves the exercise of substantial discretion.” K.S.A.
46-239 prohibits State officers or employees from accepting employment in any representation case
unless a disclosure statement is filled out by the State officer or employee. This disclosure statement
is prescribed and provided by the Commission and must be filed with the Secretary of State no later
than 10 days after the acceptance of employment for such case or on the first appearance before the
State Agency involved (whichever occurs first).
K.S.A. 46-240 states State officers and employees are also prohibited from accepting compensation
for employment in a representation case, except workmen’s compensation cases, which is contingent
upon the result achieved or attained.
E. Confidential Information and Whistleblower Protection -
K.S.A. 46-241, K.S.A. 75-2973
K.S.A. 46-241 states that State officers and employees are prohibited from disclosing or using
confidential information to further their own economic interests or those of any other person.
All State employees have a duty to report procurement misconduct. The Kansas whistleblower act
K.S.A. 75-2973, states “No supervisor or appointing authority of any State Agency shall prohibit any
employee of the State Agency from discussing the operations of the State Agency or other matters of
public concern, including matters relating to the public health, safety and welfare either specifically
or generally, with any member of the legislature or any auditing Agency.” It also states “No
supervisor or appointing authority of any State Agency shall:
(1) Prohibit any employee of the State Agency from reporting any violation of state or federal law
or rules and regulations to any person, agency or organization; or
(2) require any such employee to give notice to the supervisor or appointing authority prior to
making any such report.”
Please see K.S.A. 75-2973 for the full text and information.
F. Substantial Interests and Personal Benefit or Gain – K.S.A. 46-
247 – 46-252, K.S.A. 75-3739(m)
K.S.A. 46-247 specifies the individuals required to file written statements of substantial interests. A
“substantial interest” is defined by K.S.A. 46-229 and includes the circumstances in which the
individual or individual’s spouse is considered to have a “substantial interest” in a business or
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businesses. The specific timing of filing statements of interest, failure to file, content of the
statement, and other information can be found in K.S.A. 46-247 – K.S.A. 46-252.
In addition, K.S.A. 75-3739(m) states that “the director of purchases shall require all Bidders on
state contracts to disclose all substantial interests held by the Bidder in the state.”
G. Kansas Governmental Ethics Commission and Violation of
State Governmental Ethics Law – K.S.A. 46-253 – 46-263
Any individual may file with the Governmental Ethics Commission, known as “the Commission,” a
verified complaint in the event an individual has allegedly violated the provisions of the State
governmental ethics law. The Commission will determine if the verified complaint requires further
investigation or may be dismissed. All State employees are protected by K.S.A. 75-2973, or the
whistleblower act.
K.S.A. 46-260 further states that “The commission may investigate, or cause to be investigated, any
matter required to be reported upon by any person under the provisions of the State governmental
ethics law, or any matter to which the State governmental ethics law applies, irrespective of whether
a complaint has been filed in relation thereto.”
If after a hearing of an alleged violation, the Commission finds the respondent has violated any
provisions, then the findings of the Commission will be submitted to the appropriate body or
individual, as well as the Attorney General and to the County or District Attorney of the appropriate
county, except any act which is a violation of K.S.A. 46-245. Please see K.S.A. 46-263 for
information on the disciplinary action that may follow depending on the body or individual the
findings of the Commission are submitted to.
H. Retention of Records
The retention of records is governed by K.S.A. 45-215 through 45-223, K.S.A. 45-401 Document
Preservation, and the Kansas Open Records Act. Please refer to Manual Section 15 for specific
details and procedures.
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7. LIFECYCLE PROCESS OVERVIEW
The State of Kansas’ procurement lifecycle process consists of seven steps: Need and Funding
Identification, Procurement Method Selection, Solicitation Preparation, Solicitation Process, Evaluation
and Negotiation Process, Award and Protest Process, and Contract Management. Depending on the
procurement method selected, all seven stages may not be necessary. This Procurement Manual outlines
requirements and steps for each of the seven stages and identifies the necessary steps for each available
procurement method selection.
.
General Overview of Procurement Lifecycle Steps:
1. Need and Funding Identification: Identify and understand the need, estimate potential costs,
and verify the funding source.
2. Procurement Method Selection: Based on the requirements and specifications of the need and
the estimated costs, determine which available method best suits the need: informal quote, RFQ,
IFB, RFP or PA.
3. Solicitation Preparation: Develop solicitation documents such as specifications, cost models,
potential Bidder lists, and contract provisions, and submit a SMART requisition to OPC.
Need Funding
and Identification
Procurement
Method Selection
Solicitation
Preparation
Solicitation
Process
Evaluation and
Negotiation
Process
Award and
Protest Process
Contract
Management
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4. Solicitation Process: Publish a solicitation and post publicly, conduct pre-bid conferences and
QA periods, and accept responses.
5. Evaluation and Negotiation Process: Review, clarify, and evaluate proposals, negotiate with
Vendors, and select Vendor(s) for award.
6. Award and Protest Process: Award a contract or Procurement Officer (PO), collect signatures,
observe a protest period, and post publicly if applicable.
7. Contract Management: Manage the contract inclusive of amendments and renewals, monitor
Vendor performance.
IMPORTANT: The above represents the typical stages of the procurement process. Each stage
has different approval and documentation requirements, such as the Kansas Information Technology
Offices’ (KITO), Kansas Approval and Reporting System (KARS) requirements. All necessary approvals
and requirements will be outlined in the following sections.
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8. NEED AND FUNDING IDENTIFICATION
Before any purchasing or procurement decisions can be made, a prospective buyer must identify a need,
which entity (the Agency or Office of Procurement and Contracts (OPC)) has the authority to purchase
the good or service and identify the source of funding that would allow the buyer to purchase the good
or service addressing the need. This section of the Manual seeks to clearly define this process for all
State employees.
A. Identifying a Need for a Good, Service, or System
State employees of all levels should be familiar with the purchasing functions of their employing
Agencies and of the role of OPC (See Manual Section 3 Authority and Scope and Manual Section 4 Key
State Employee Roles for more information). Agency staff providing important services to other State
Agencies or to constituents may, from time to time, encounter a lack of a physical, technical, or human
resource that hampers their ability to fully provide their service. When this occurs, Agency staff should
collaborate with their colleagues, managers, and division directors to determine the best course of
action. If it is determined that the best course of action is to procure or purchase a product, system, or
service, then this begins the procurement process.
The same individuals or group of individuals who identified the need should also begin considering
what product, system, or service would best address the need. This could range from a specific type of
screwdriver to a complex, cloud-hosted information system. In some cases, the solution for the need is
clear and unambiguous (as in the case of the screwdriver). In other cases, such as the complex
information system, the need is clear and the solution has unambiguous minimum specifications, but
there are still remaining questions as to what the market is capable of providing that would best address
the State’s need. As subject matter experts, State Agency staff must identify what they are seeking to
purchase before they can begin the procurement process.
B. Identifying the Purchasing Entity
After a need is identified and the type of solution to address that need is contemplated by Agency staff,
Agency staff should investigate whether the State currently has a Contract for that solution or a
functional equivalent. If the State has an existing contract, Agency staff should confirm that the Contract
will address their identified need and reach out to the Contract Manager if it does or if the Agency staff
has any questions. If there is not an existing Contract, the Agency’s need and contemplated solution
must be brought to Agency Procurement Officers or, in the case of Agencies without full- or part-time
procurement staff, to the financial department of the Agency. Agency subject matter experts, in
collaboration with procurement or finance staff, should begin estimating how much the solution will
cost and whether a Contract will be necessary for that item.
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Best Practice: Agency staff should always investigate whether there is an existing state
Contract that would address their need.
The cost of the solution and whether a Contract is needed will ultimately determine the extent to which
OPC is involved. If the solution to the identified need falls above the Agency’s delegated authority or
would be a repetitive purchase that would warrant a term Contract, the Agency should prepare
specifications and procurement materials to share with OPC to begin the formal procurement process
described in Manual Section 9 Procurement Methods. If the solution falls within the Agency’s delegated
authority and would be a one-time or low-frequency purchase that would not warrant a Contract, the
Agency may begin the formal procurement process discussed in Manual Section 9 Procurement
Methods.
C. Identifying the Funding Source for a Good, Service, or System
Once Agency staff identify a need for a good, service, or system, create specifications, and identify the
entity who will be responsible for conducting the procurement or purchasing event, Agency staff should
work with their Procurement Officer or finance department to identify the source of funds with which to
buy the product, service, or system. Sources of funding include: federal, grant, and State funding, each
with their own unique considerations. Agencies must ensure that the procurement complies with any
laws, special regulations, restrictions or limitations applicable to the source of funding. Special
consideration should also be given to the timing of the procurement and the fiscal year-end, especially
for Agencies that encumber funds.
Agencies, particularly those working with human services and the environment, should be aware of
grant funding that may be used to pay for the to-be procured commodity, service, or system.
Additionally, procurements planning to use grant funds must also comply with any applicable grant
requirements or special conditions imposed by the underlying grant award that will fund the
procurement.
In the event that an Agency does not have funding available to fulfill the needs, Agency staff should
collaborate internally to identify alternative ways to address the identified need or to request additional
funding in the next budgetary cycle.
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9. PROCUREMENT METHOD SELECTION
The selection of the procurement method is critical to the success of the procurement process and the
resulting Contract. It is the policy of the State to obtain goods and services from the private sector for
public purposes to achieve value for the taxpayer through a fair, open and objective competitive process.
This section will discuss the common procurement methods, their applicable use, and the hierarchical
manner in which they should be utilized: Established Agreements > Competitive Procurements > Non-
Competitive Procurements. These are:
• Established Agreements
o State Use Program
o Kansas Correctional Industries (KCI)
o Statewide Contracts
o Agency Specific Contracts
• Competitive Procurements
o Request for Quotation (RFQ)
o Invitation for Bid (IFB)
o Request for Proposals (RFP)
• Non-Competitive Procurements
o Prior Authorizations (PAs)
In addition to the above-listed methods, there are several product categories that have unique
procurement requirements and will be discussed in Appendix A. These categories are:
● Construction Purchases and Capital Improvement Projects
● Boiler/Cooling Tower Treatment Chemicals
● Financial Services
● Telecommunications Services
● IT Services
A. Established Agreements
The first step in determining the procurement method selection is confirming that the goods or services
required are not currently available through an established agreement. The following resources, arranged
in order of precedence, should be reviewed in every instance before proceeding with a new procurement
process:
1. State Use Program
The Kansas State Use Program is governed by statutes (K.S.A. 75-3317 through 75-3322) and states,
“Any person or officer authorized to purchase materials and supplies for a State Agency or Unified
School District operating in Kansas shall purchase, from the State Use Catalog, which includes
‘Products and Services Manufactured and Offered by Blind and Severely Disabled Kansans,’ at any
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time when the listings in that catalog will meet the needs of the Agency or school district.” Available
items can be found through the Procurement and Contracts website: State Use Program | Kansas
Department of Administration (ks.gov)
2. Kansas Correction Industries
Statute K.S.A. 75-5276 requires that State Agencies purchase goods and services, including office
furniture, from Kansas Correctional Industries (KCI). In applying this statute and administering this
waiver process, the term office furniture shall mean: “Furniture, at the time product requirement is
indicated, is intended primarily for use in an office environment (including faculty offices, meeting
rooms and conference rooms). KCI’s web site and catalogs do not contain all products offered.”
Kansas Correctional Industries (kansasci.com)
3. Statewide Contracts
The Office of Procurement and Contracts, on behalf of all State Agencies and Political Subdivisions,
has established Contracts for goods or services that all statutorily required State Agencies must
utilize and that may be used by political subdivisions. Statewide Contract usage is mandatory. These
Contracts can be found by conducting a Contract Search for Contract type “Statewide” through the
eSupplier portal: Homepage (ks.gov)
4. Agency Contracts
The Office of Procurement and Contracts, in conjunction with a State Agency, may establish
Contracts for goods and services to be utilized by the requesting Agency. Upon request these
Contracts could be open for utilization by additional agencies.
5. Delegated Authority Purchase
In the event a Contract does not exist for a good or service required by an Agency, which is valued
at less than $5,000 per Vendor per fiscal year, an Agency can elect to conduct their own informal
competitive solicitation process. If a subsequent purchase from this same Vendor will exceed an
Agency’s delegated authority, of $5,000 per Vendor per fiscal year, agencies are required to submit a
Prior Authorization inclusive of the entire amount purchased from the Vendor during the fiscal year.
See Manual Section 9C below for additional guidance regarding Prior Authorizations.
Order of Precedence for Established Agreements:
State Use
Program
Kansas
Correctional
Industries
Statewide
Contracts
Agency
Contracts
Delegated
Authority
Purchase
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B. Methods of Competitive Procurements
In the event that a needed item or service cannot be purchased through the options outlined in Section A:
Established Agreements above, one of the available competitive bid processes should be utilized.
Competitive procurements are the primary solicitation type used to procure goods and services valued
above $5,000, including for State Agencies with a delegated authority above $5,000. Competitive
procurements can be conducted through both Informal and Formal processes.
1. Non-Negotiated Procurement Process
a. Request for Quotation (RFQ)
The RFQ process is a sealed bid process utilized for one-time purchases, typically goods,
above the delegated purchase authority limits. Sealed bids received are not negotiable and
bid events are awarded to the lowest responsive and responsible Bidder meeting
specifications. Bidders who are not responsive (e.g., do not bid comparable items or
impose different conditions within the bid) may be disqualified. While typically
applicable for goods, the RFQ process may also be used for specific types of services
such as construction work that meet certain criteria.
i. Construction Projects
For all construction-related, installation, or repair services (that do not concern
life, safety or vertical construction) valued above an Agency’s delegated
authority, the specifications should be reviewed by OPC prior to posting on
OPC’s website. All other construction and design-related services, including
components subject to International Building Code (IBC), Industry Foundation
Classes (IFC), International Fuel Gas Code (IFGC), International Plumbing Code
(IPC), International Mechanical Code (IMC), New Engineering Contract (NEC)
or 2010 Americans with Disabilities Act (ADA) Standards should be coordinated
and bid through the Office of Facilities & Property Management (OFPM) Design,
Construction, and Compliance (DCC). All RFQs and IFBs conducted through
OFPM must be routed through OPC for Contract creation and finalization (See
Section 14 for additional information.) Additional bidding requirements for
construction projects can be found in Appendix A of this Manual and the DCC
Building Design and Construction Manual.
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Best Practice: Be sure that specifications include all necessary requirements (e.g., a precise and
articulate description of the physical or functional characteristic of a product including performance,
quality, operational characteristics, special terms and conditions, timeline requirements, etc.).
b. Invitation for Bid (IFB)
An IFB is used to establish a Contract(s) for multiple, recurring needs or goods, services,
or a combination of goods and services for a given period of time. IFBs are often used for
non-life or safety construction projects. Like the RFQ, this is a sealed bid, awarded as a
Contract or purchase order to the lowest, responsive and responsible Bidder or Bidders
meeting bid specifications. These bids may not be negotiated. Bidders who are not
responsive, i.e., do not bid comparable items, or impose different conditions within the
bid, may be disqualified. Similar to RFQs, the IFB process may also be used for
specific types of services such as construction work that meet certain criteria.
i. Construction Projects
For all construction-related, installation, or repair services (that do not concern
life or safety) valued above an Agency’s delegated authority, the specifications
should be reviewed by OPC prior to posting on OPC’s website. All other
RFQ RECAP
Main Use: One-time Purchases
Required Approvals: OPC, Agency
Required Forms:
• Specifications/Scope of Work
• Cost Estimate
• Bidder List
• Cost Evaluation Template
• Technical Questions
• Sexual Harassment Form
• Boycott of Israel Form (value >100K)
• Immigration Reform & Control Act Form (IRCA)
• Tax Clearance form
• Contract Provisions
• Requisition
Award Type: Awarded as a Purchase Order
Estimated Timeframe: 4-6 weeks
Alert: Bids over $50,000 require a minimum of 10-day public advertising
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construction and design-related services, including components subject to IBC,
IFC, IFGC, IPC, IMC, NEC or 2010 ADA Standards should be coordinated and
bid through the Office of Facilities & Property Management (OFPM) Design,
Construction, and Compliance (DCC). All RFQs and IFBs conducted through
OFPM may be routed through OPC for Contract creation and finalization (See
Section 14 for additional information.) Additional bidding requirements for
construction projects can be found in the Appendix of this Manual and the DCC
Building Design and Construction Manual.
Best Practice: Be sure that specifications include all necessary requirements (e.g., a
precise and articulate description of the physical or functional characteristic of a product
including performance, quality, operational characteristics, special terms and conditions,
etc,).
2. Negotiated Procurement Process
The Negotiated Procurement process is based upon the concept of “Best Value” and enables
agencies to consider many factors in the evaluation of bid responses beyond cost, including Vendor
IFB RECAP
Main Use: Repetitive Purchases
Required Approvals: OPC, Agency
Required Forms:
• Specifications/Scope of Work
• Cost Estimate
• Bidder List
• Cost Evaluation Template
• Technical Questions
• Sexual Harassment Form
• Boycott of Israel Form (value >100K)
• Immigration Reform & Control Act Form (IRCA)
• Tax Clearance form
• Contract Provisions
• Requisition
Award Type: Awarded as a Purchase Order or Contract, single or multi-award option
Estimated Timeframe: 4-6 weeks
Alert: Bids over $50,000 require a minimum of 10-day public advertising
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qualifications, past performance, and service delivery methodology. This procurement process is
typically used for service-related Contract needs.
a. Request for Proposals (RFP)
The RFP is the most flexible and interactive procurement method and utilized when
factors other than price will also be evaluated, or when comprehensive and objective
“pass/fail” criteria cannot be written. RFP’s allow discussions conducted under the
authority of OPC with Vendors prior to award for the purpose of clarification and/or to
obtain best-and-final-offers (BAFOs).
With this flexibility comes the responsibility to document the actions throughout the bid
process; thus, ensuring the process is fair and equitable for all Bidders and the needs of
the Agency are met. RFP documentation includes:
• Detailed specification documents
• Vendor response templates: cost sheet, technical questions
• Prospective Bidder list
• Procurement Negotiating Committee (PNC) Request Letter
• Signed Non-Disclosure and Conflict of Interest Agreements for all persons accessing
submitted proposals (this may include individuals not employed by the State)
The evaluation of proposals is led by a (3) three-person PNC in collaboration with
Agency subject matter experts. These parties make up the evaluation team. All evaluators
are responsible for evaluating proposals and providing feedback to the PNC. After all
contributing factors of the bid event are examined, the PNC will prepare a written
justification for actions taken and make an award recommendation. Detailed procedures
for conducting an RFP can be found in Manual Sections 11 and 12.
i. Information Technology (IT) Procurements
For procurements concerning IT systems and solutions, there may be several
unique elements that diverge from the standard RFP process detailed in Manual
Sections 10 and 11. Please see Appendix A for additional information.
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C. Methods of Non-Competitive Procurements
Prior Authorizations
The Prior Authorization (PA) procurement process is a non-competitive process by which an
Agency seeks prior approval from OPC Director of Purchases to engage in a sole source bid process
and award to a specific Vendor, or when special circumstances exist such as an intergovernmental
purchase or for a conference/event exceeding an Agency’s delegated purchase authority.
The PA process should only be utilized if an established agreement is not in place and a competitive
procurement process is not a viable option. PA requests must be supported with clear evidence that
competition for requested goods and services does not exist in the marketplace. PA requests based
solely on Agency preferences are not allowed and will be denied. Kansas statute (K.S.A. 75-3739(a))
provides that goods and services should be sought through competitive processes. Prior
Authorization procurements are an exception to statutory guidelines with approval authority granted
to OPC Director of Purchases and should be requested only when necessary. All non-competitive
transactions are required to be reported to the Kansas Legislature. Additionally, Kansas statute
(K.S.A. 75-3739(a)(7)) requires that all non-competitive purchases or Contracts exceeding $100,000
RFP RECAP
Main Use: One-time or Repetitive Purchases
Required Approvals: PNC, OPC, Agency
Required Forms:
• Specifications/Scope of Work
• Cost Estimate
• Bidder List
• PNC Request Letter
• Non-Disclosure Agreement (NDA)
• Cost Evaluation Template
• Technical Questions
• Sexual Harassment Form
• Boycott of Israel Form (value >100K)
• Contract Provisions
• Immigration Reform & Control Act Form (IRCA)
• Tax Clearance form
• Requisition
Award Type: Awarded as a Contract or Purchase Order
Estimated Timeframe: 3-6 Months
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Identify Need &
Requirements
Research
Marketplace
Offerings
Determine PA
Category
Complete PA
Request Form
Create and Submit
Requisition (with
all required
must be posted publicly for at least 7 days prior to award. The following PA categories are
statutorily exempt from the posting requirements of K.S.A. 75-37-39(a)(7): Emergency (EMR),
Statutorily Exempt (STX), Used Equipment (USE), and Interagency (IGP).
To assist with the processing and reporting of PA requests, categories (outlined in Table 9.1 below)
have been created across many service categories, each with their own process and review
requirements. To ensure timely processing and approval of the PA request, it is imperative that the
appropriate category is selected and all requirements are met.
Approval from the OPC Director of Purchases must be gained PRIOR to entering into a Contract
with a Vendor.
General Prior Authorization Process:
Required documentation:
● Prior Authorization Request Form
● Kansas Information Technology Office (KITO) approval documentation provided through
the Kansas Approval and Reporting System (KARS), when applicable
● Sole source letter from selected Vendor, when applicable
● Vendor quote
● Signed Sexual Harassment Policy
● Signed Boycott of Israel Form (for procurements valued at $100,000 or greater)
● Marketplace research including specifications, time frame, implementation needs, ongoing
needs, pricing
● SMART requisition (with all required documentation attached)
Prior Authorization Categories
The OPC has established the following PA categories to assist with the request and approval process.
Specific requirements and process details for each category can be found in the Appendix B.
Table 9.1 Purchase Authority Categories
SMART
Code
Type of PA Requisition
Definition & Applicable Use
CHE
Conference Hotel Event
Use when organizing meetings or conferences in which an outside
event site is needed, and the cost exceeds delegated purchase authority
COM
Compatible with Existing
Equipment
Use when compatibility with existing contractual services, supplies,
materials, or equipment is the overriding consideration
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DOP
Director of Purchases
Use when, in the judgment of the Director of Purchases and the head
of the acquiring State Agency, not seeking competitive bids is in the
best interest of the State
EMR
Emergency Procurement
Use when an Agency emergency requires immediate delivery of
supplies, materials or equipment, or immediate performance of
services
GSR
Grants Sub-Recipients
Use when issuing a grant to a sub-recipient for encumbrance purposes
IGP
Inter/Intra-Gov Procurements
Use when the Agency wishes to purchase goods/services from another
governmental entity
LRE
Lab or Research Equipment/
Supplies
Use for chemicals and other material or equipment for use in
laboratories or experimental studies which are best purchased without
competition, or where rates are fixed by law or ordinance
OKP
Only Known Provider
Use when the Vendor is the only known provider and no competition
exists
PEP
Purchased for Evaluation Purpose
Use when the purchase is for evaluation purposes only
PSP
Professional Services Purchase
Use when the purchase is covered by the Professional Services
Sunshine Act, K.S.A. 75-37,130
SCW
State Use Catalog Waiver Request
Use when the Agency wishes to waive the requirement to use a State
Use Vendor
STX
Statutorily Exempt
Use when another statute authorizes another procedure or provides an
exemption from seeking competition
USE
Purchase of Used Equipment
Use when a used item becomes available and is subject to immediate
sale
USR
Utility Services
Use for utility services
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PA RECAP
Main Use: Sole Source Purchases
Responsible Entity: Agency
Required Approvals: OPC, KITO as needed
Required Forms:
• Specifications/Scope of Work
• Cost Estimate
• Sexual Harassment Form
• Boycott of Israel Form (value >100K)
• Contract Provisions
• PA Request Form
• Requisition
Award Type: Awarded as a Purchase Order or Contract
Estimated Timeframe: 2-3 weeks
Alert: Bids over $50,000 require a minimum of 10 day public advertising
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10. PREPARATION OF SOLICITATIONS,
SPECIFICATIONS, AND REQUISITIONS
Once a need has been identified and researched and the proper procurement method has been selected,
as outlined in Manual Section 9, the next step is to begin drafting the solicitation. In this stage of the
procurement lifecycle the requesting Agency, or in cases of Statewide Contracts the OPC, will be
primarily responsible for the preparation of the required supporting documents for a solicitation.
A. General Steps for Preparation of Solicitations, Specifications,
and Requisitions
The following flowchart highlights the key steps to preparing solicitations, specifications and
requisitions after a need has been identified, the proper procurement responsibility determined, and the
funding source established:
Process Flowchart- Preparation of Solicitations, Specifications, and Requisitions:
B. Lead Time and Timeline Considerations
An important step in the solicitation preparation process is to consider the procurement lead time.
Procurement lead time is the interval between a decision to purchase a product or service and the point
when the Contract is finalized and active. The suggested lead time will vary depending on the specific
requirements, type, and complexity of the procurement, as these factors will affect how much time is
needed to draft a solicitation. The lead time should also account for any required reviews and approvals
(inclusive of any federal review cycles). Calculating lead time should also take into account the time
needed to draft solicitation files, as well as internal Agency review and review by OPC.
The time needed for the drafting stage will depend significantly on the subject matter and complexity of
the scope of work, requirements, and cost information development. This can be mitigated by the
Conduct
Benchmarking &
Market Research
Create Detailed
Specifications
Develop
Evaluation Criteria
(Qualitative &
Cost)
Establish PNC
(if required)
Identify Potential
Bidders
Prepare Required
Documents
Create & Submit
Requisition
Gather Cost
Estimates
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availability of previously used materials, external example files, and subject matter experts to assist in
the process. The subsequent review and approval cycle(s) by internal and external parties (including
from federal partners or other involved groups) should also be factored in.
Another consideration in estimating the lead time is how long a solicitation must be publicly posted
before proposals/bids/quotes are received and opened by the State. Kansas statute requires different
public posting requirements based on various solicitation factors. Please see Manual Section 11
Solicitation Process for detailed requirements. A minimum 30-day solicitation period is recommended
for RFPs, though many remain posted for two or three times this long. Posting times should be
considered on a case-by-case basis and may be influenced by federal requirements. A particularly
complex or unusual scope of work may result in many Vendor questions, in which case, an extended
solicitation period would be recommended.
Lead time also must factor how long it takes the State to evaluate responses. Bids may be evaluated
quickly, but proposals are more complex. Evaluation of the proposals may take more or less time,
depending on the size of the team reviewing proposals and the complexity of the procurement. Likewise,
the likely or expected number of proposals to be evaluated impacts the evaluation time frame. The
evaluation period could also be extended if there are presentations, discussions, or best and final offer
rounds.
Finally, after an award decision is made the lead time must factor the length of time required to form a
Contract with the Vendor and for the statutorily required public award posting. This should include any
negotiations expected with the Vendor. Kansas statute requires awards to be publicly posted for at least
seven (7) days if the resulting Contract and/or the underlying products or services is valued greater than
$100,000.
As every solicitation has unique considerations, the experience of the OPC Team should be heavily
leveraged to most accurately estimate the lead time. The below table, “Estimated Minimum Timelines”
is provided as a guideline for solicitation planning.
Table 10.1 Estimated Minimum Timelines
Purchase
from
Established
Agreements
RFQ
IFB
RFP
PA
Solicitation Preparation
N/A
2-3 weeks
2-3 weeks
2-4 weeks
1 week
Public Posting Period
N/A
2-3 weeks
2-3 weeks
4-6 weeks
N/A
Evaluation & Negotiations
N/A
1-2 weeks
1-2 weeks
3-6 weeks
N/A
Award Posting Period
N/A
1-2 weeks
1-2 weeks
1-2 weeks
N/A
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Contract Creation & Approval
1-2 weeks
2-3 weeks
2-3 weeks
3-4 weeks
1 week
Best Practice: Since procurement timelines can vary significantly, it is important to schedule out
additional time for projects to act as a buffer against potential delays. The timelines in the above table
should be treated as minimum estimates, and not a universal expectation.
C. Required Documentation
Each solicitation type, as outlined in Manual Section 9 Procurement Method Selection, has different
required documentation. This documentation is typically included with a solicitation to inform
prospective Bidders of the conditions the State expects to be reflected in an ultimate contract. The
following table highlights the documentation requirements for each of the main procurement methods.
Table 10.2 Required Documentation
Required Document
RFQ
IFB
RFP
PA
Specifications/Scope of Work
X
X
X
X
Cost Estimate
X
X
X
X
Bidder List
X
X
X
PNC Request Letter
X
Non-Disclosure Agreement (NDA)
X
Cost Evaluation Template
X
X
X
Technical Questions
X
X
X
Sexual Harassment Form
X
X
X
X
Immigration Reform & Control Act
Form (IRCA)
X
X
X
Tax Clearance form
X
X
X
Boycott of Israel Form (value
>$100K)
X
X
X
X
Contract Provisions (including DA
146a)
X
X
X
X
PA Request Form
X
SMART Requisition
X
X
X
X
If a requesting Agency fails to include any of these files as part of their solicitation request, the
requisition may not be approved and will be routed back to the requesting Agency or denied, causing the
requesting Agency to begin a new requisition in the system. This may lead to a delay in the project
timeline. The following sections outline the steps and best practices for creating all required
documentation.
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D. Benchmarking and Market Research
As Agencies develop the specifications and details of their solicitation, there are two research exercises
that are recommended to help make a procurement the best it can be: Benchmarking and Market
Research.
Benchmarking is the process of researching past and current solicitations and contracts from Kansas and
other states to help inform the creation of a new procurement. Benchmarking is an important step in the
development of a solicitation, as it can provide ideas for developing pricing structures and Scopes of
Work, reveal what is being practiced in neighboring states, help identify potential Bidders, and more.
It is recommended that Agencies preparing a solicitation conduct benchmarking as part of their
preparation to deliver a strong set of specifications. If a requesting Agency chooses to conduct
benchmarking research, it is best practice to find at least three (3) different recent Contracts or
solicitations for comparison and inspiration. These files can be found by searching through the Contract
databases on the websites of other states’ Departments of Administration (or equivalent Agency).
Market research is the process of researching market trends relating to the goods and services targeted
for procurement. This includes researching the availability of products and services in the marketplace,
researching comparable items, researching the trends in costs, and researching notable Vendors in the
industry. This research is recommended to assist with the development of a solicitation’s pricing
structure, as well as to inform the identification of Vendors to invite to bid.
E. Scope of Work Development
The development of a Scope of Work is a required, and crucial, step in the procurement process. A
Scope of Work lays out what is expected from Bidders, such as the specifications of goods, the
supporting services and functions needed to operate the Contract, and the standards the Bidder is
expected to meet. The Scope of Work acts as a roadmap for both the requesting Agency and the awarded
Bidder, and it can set the stage for the success of a Contract over its term. It is important that the Scope
of Work is clearly defined, contractually sound, and unbiased towards potential respondents.
To ensure that a solicitation results in a strong Contract, it is recommended that the solicitation drafters
consult with subject matter experts and employees who have used and/or will be using the Contract in
the development of the Scope of Work. These perspectives can provide key insight into how a Contract
can best meet the needs of the employees using it, or how a re-procured Contract can improve in its new
term. A robust Scope of Work is built on the perspectives of subject matter experts and the findings
from benchmarking research.
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As the subject matter experts, it is the responsibility of the requesting Agency to provide clear and
concise Scope of Work, specification, and terms and conditions documents. OPC will review submitted
documents to ensure they support open and fair procurements. Any procurements that do not foster open
and fair competition will be rejected and may be returned to the requesting Agency for further review.
It is important to understand that once the bids are opened, changes to the Scope of Work generally
cannot be made. As a result, it is expected that the Scope of Work and Contract specifications are
thorough and complete ahead of bid opening. If new information that would alter the solicitation arrives
before bid opening, then amendments to the specifications can be made at the discretion of OPC. This
would require an extension to the project timeline, and it is not guaranteed that OPC will provide an
extension in all cases.
A Scope of Work typically includes:
● Contractor Responsibilities (deliverables, milestones, personnel, licenses, certifications,
standards)
● Agency Responsibilities (systems, requirements)
● Constraints on the Contractor (security, locations, hours)
● Service Level Agreements (Vendor performance metrics, inspection, testing)
● Communication Protocol (customer service, escalation and resolution procedures)
● Specifications: These are a detailed description of a product or service and what the Bidder must
offer to be considered for Contract award. These are either included in the body of the SOW or
as an attachment to the solicitation.
When developing a procurement, it is important to not write specifications with:
● The intention of attracting a specific Vendor,
● Utilizing a specific Vendor’s detailed specifications for products or services and/or
● A specific Vendor’s consultation
Crafting a solicitation around a specific Vendor damages its integrity and limits fair competition among
Bidders. Developing a solicitation in this manner could lead to the cancellation of the solicitation and/or
a protest from a Bidder.
IMPORTANT: Before submission to OPC, all information technology (IT) projects must undergo
a review of Business Risk Assessment to determine if it is reportable to the Kansas Legislature. This
process is managed by the Kansas Information Technology Office (KITO). More information on this
process is available at the KITO site
F. Identifying Prospective Bidders
As part of the solicitation creation process, requesting Agencies must include a list of prospective
Bidders to invite to bid on the solicitation. It is at the requesting Agency’s discretion as to how they
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compile this invite list, however it is recommended by OPC to consider Vendors identified from the
following groups:
● Vendors who are currently contracted with the State or who were contracted in the past
● Vendors who have bid in the past on a similar solicitation
● Registered Vendors under UNSPSC codes related to the solicitation in SMART
● Vendors identified through research, such as benchmarking of peer state contracts
G. Convening of a Procurement Negotiating Committee (PNC)
When a negotiated procurement process is selected, the requesting Agency must include a completed
Procurement Negotiating Committee (PNC) Request Letter with their solicitation documents. The PNC
is an important team within the procurement process, as they are responsible for evaluating technical
responses and cost proposals from Bidders, leading contract negotiations, and making a final award
recommendation. The PNC shall include the following individuals, as required by K.S.A. 75-37, 102:
● Director of Purchases, or a designee who is responsible for ensuring the process, follows
statutory requirements.
a. This individual is the primary contact and will shepherd the project through the
procurement process.
● Secretary of Administration, or designee.
● Agency Head, or designee. This person acts as the representative for the statewide Agencies who
will utilize the contract.
All members of the PNC are designees that are assigned and appointed to represent their entities. All
PNC members must sign and complete a Non-Disclosure and Conflict of Interest Agreement before they
can begin their duties on the committee. For further details on convening a Procurement Negotiating
Committee please review the PNC Request Letter Template found on the OPC Procurement Resources
webpage.
H. Bidder Qualifications and Evaluation Criteria
Requesting Agencies may set their qualifications for Bidder responsiveness in a negotiated procurement
as a part of their specifications. These qualifications could range from requiring a certain amount of
experience on similar contracts, to requiring a certain company size, to requiring attendance at a pre-bid
conference.
During the solicitation creation phase, requesting Agencies should prepare the solicitation materials with
the evaluation needs in mind. If the procurement method selected is an RFP, the requesting Agency must
develop evaluation criteria for their solicitation. As RFPs consider both cost and technical specifications
in the evaluation process, it is important to develop a technical evaluation for Bidders that will give the
best possible understanding of what they are offering in a manner that will reveal how their offering can
best suit the State’s needs. The technical evaluation should include asking context-specific questions
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about how the Bidder would handle the contract if they were awarded, and what would set their goods
and/or services apart from competitors. This may also include asking for product samples, product
demonstrations, and/or presentations from the Bidders. Benchmarking can help inform this question
development process, as researching RFPs that similar Agencies in peer states conducted can provide
inspiration for technical questions to ask Bidders.
As requesting Agencies are developing a technical evaluation, this evaluation should include and/or
comment on, at a minimum, the following:
1. Response format as required by the RFP
2. Adequacy and completeness of proposal
3. Bidder's understanding of the project
4. Compliance with the specifications, terms and conditions of the RFP
5. Consideration of any Bidder exceptions to the terms and conditions or to the Contract in general
6. Experience in providing like services
7. Qualified staff
8. Methodology to accomplish tasks
9. Pros / Cons
10. Strengths / Weaknesses
11. Additional considerations may be included as the Agency sees fit
IMPORTANT: It is of utmost importance that this fact-finding process is fair and equitable. Thus,
all questions must be submitted in writing to OPC in advance, including those to be asked during
demonstrations, and OPC must be the Agency communicating questions to Vendors.
I. Contract Term
The term of the Contract is a definite period of time that the Contract will remain in effect as set by
OPC. Agencies must work with the Contracting Officer to agree on Contract dates and subsequent
renewals. All Contracts must have a commencement date and a specific expiration date. As a general
policy, it is recommended by OPC that the maximum duration of a Contract without reissuing a
competitive solicitation is five years. This includes any renewal or extension periods. Individual needs
may dictate different time frames and the requesting Agency should consult with OPC.
J. Cost Sheets
It is common practice for solicitations to include price sheets or a cost proposal template that includes
the products and services to be procured and the unit(s) of measure that will be the basis for payment.
These sheets/templates provide Bidders with a place to propose pricing for the State’s evaluation in a
manner that is uniform across all competitors.
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K. Requisitions
Solicitation requests, ranging from Prior Authorizations to RFPs, are sent to OPC via requisitions in the
SMART system. Agencies must create and submit a requisition in SMART for State Contract purchases
valued at $5,000 or more on State Contracts, PA requests, and negotiated procurements. Requisitions
must include all required documentation as outlined in Table 10.1 above.
L. Approvals
When OPC receives requisitions from Agencies, they are reviewed for completion of required forms,
any discrepancies with input data, conflicts with statute and policy, and adherence to delegated
authority. If OPC finds no issues with the requisition, they will be approved for Contract creation or
solicitation event creation. If OPC finds that revisions need to be made to the requisition, the reviewing
Procurement Officer will reach out to the requesting Agency and notify them as to what needs to be
rectified. Procurements for certain commodities and services require additional approval processes.
Often these approvals must be sought and documented prior to submitting requisition requests to OPC.
They are as follows:
Kansas Information Technology Office (KITO) Approvals
The approvals process for IT projects is outlined in K.S.A 75-7209. IT projects are defined by the State
as “an information technology effort by a State Agency of defined and limited duration that implements,
affects a change in or presents a risk to processes, services, security, systems, records, data, human
resources, or architecture.
Once a State Agency identifies a need for an IT initiative, they must complete a demand intake form on
the OITS Service Portal. Next, the Agency completes a Kansas IT Business Risk Assessment in the
KITO Approval and Reporting System (KARS). This assessment is screened at a high-level, quantitative
view and then evaluated at a detailed level to determine whether the proposed “demand” should be
subject to the KITO Approval & Reporting Process. If the demand is deemed high risk and necessary for
KITO Approval & Reporting, then KARS will generate an email with project details and send it to the
Joint Committee on Information Technology (JCIT) for review. Within 7 business days of receiving this
email, JCIT can provide feedback, ask questions, and/or request a meeting via reply to this email. If a
response is received, JCIT comments are recorded and KITO will dictate if further action is needed
before advancing in the approval process. If no response is received, then the demand will proceed to the
Chief Information Technology Officer (CITO) for approval. The CITO will review the demand, along
with any applicable JCIT feedback, and deliver a decision. If the CITO approves the demand, it
officially becomes a “project” and is authorized to begin procurement. If the CITO rejects, then the
KITO will coordinate next steps with the requesting Agency.
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11. SOLICITATION PROCESS
After preparing procurement specifications and receiving approval from Office of Procurements and
Contracts (OPC), a solicitation is ready to be made public. Conducting a solicitation is a multi-step
process that begins with the public posting and advertisement of the solicitation and spans through the
receipt of Bidder responses. During this phase, a solicitation can be refined further as Bidders ask formal
questions in writing about the solicitation and Agencies have the opportunity to amend their
specifications as a response to questions submitted by Bidders during the solicitation process. This
section covers critical elements and best practices such as restrictions on communications with Bidders,
pre-proposal conferences, and question and answer periods.
IMPORTANT: Once the bid event is publicly posted, all communications regarding the
procurement must go through the Procurement Officer (PO).
General Process Flow for the Solicitation Process:
A. Solicitation Posting
Once the prepared solicitation package is ready, it will be disseminated to prospective Bidders by OPC
and, if required, publicly posted. The same method for distributing the request should be used for all
parties solicited. To give every prospective Bidder an equal opportunity to respond to the solicitation,
solicitations are posted to the following electronic platforms as applicable:
● Kansas Registry
● Department of Administration Website
Agency Submits
Requisition
OPC Reviews and
Approves
Documents and
Specifications
OPC Posts
Solicitation
OPC & Agency
Hold Pre-Proposal
Conference
OPC Receives
Questions from
Vendors & Shares
with Agency
Agency Develops
Responses to
Vendor Questions
OPC Submits
Responses to
Vendors
OPC Posts
Amendments and
Modifications
OPC Reviews and
Approves
Evaluation Team
OPC Receives
Proposals from
Vendors
Host Bid Opening
Event
Agency Submits
Responses to
Questions to OPC
Begin Evaluation
of Bids
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The most common method of distribution to Bidders comes through invites from OPC sent out to
Vendors identified by the bidding Agency as a viable prospective Bidder. These identified Vendors will
receive notification from OPC that they have been invited to submit a bid. This invitation includes a
package of solicitation documents. Vendors may also be notified through their State of Kansas Vendor
registration status, as they will be notified via SMART if a solicitation listed with one of their registered
UNSPSC codes has been issued.
IMPORTANT: In order for a bid submission to be considered, Vendors must be registered with
the State of Kansas in the SMART system prior to bid opening. Please see Manual Section 17 for
additional information regarding Vendor registration.
Posting Timeframe Requirements
OPC is statutorily required to provide a specified number of days between the public posting of a
solicitation and the bid closing event.
● All purchases with an estimated value between $5,000 and $50,000 shall be made after receipt of
sealed bids following at least three (3) days’ notice posted on a public bulletin board.
● Competitive solicitations (IFB, RFQ, RFP) with an estimated value of $50,000 or more must be
published in the Kansas Register at least ten (10) days before the bid opening event, as required
by K.S.A. 75-3739 (b)(1).
● Prior Authorizations with an estimated value of $100,000 or more must be posted on the
Department of Administration website for at least seven (7) days before they may be finalized by
the State.
IMPORTANT: If posting a competitive solicitation to the Kansas Register, Procurement Officers
must get all bid details (ex. event number, closing date, description) to the appropriate staff by 1:00 PM
on Thursday to ensure it is posted in the Register the following Thursday.
If posting a Prior Authorization to the Department of Administration website, Procurement Officers
must get all PA details to the appropriate staff for advertisement by 2:00 PM for it to be posted on the
following day. Otherwise, the approval and posting PA may be delayed.
When creating solicitation timelines, time shall be allotted to allow for pre-bid conferences, pre-bid
amendments, and Bidder submission preparation. Please review the Table 10.1 “Estimated Minimum
Timelines” in Manual Section 10 Preparation of Solicitations, Specifications, and Requisitions for
further guidance on developing solicitation timelines.
B. Vendor Communications
Once a solicitation has been released and/or publicly posted, the procurement process has officially
started and the bidding Agency must not have any contact with prospective Bidders. OPC is the only
authorized party allowed to make direct contact with Bidders during the procurement process. Direct
contact with Bidders may result in cancellation of the solicitation and may result in a protest. Agencies
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should contact OPC with any questions or communication needs. Any contact made to an Agency from
an outside source, including a Vendor’s representative (i.e. a lobbyist) regarding the solicitation should
be referred to OPC for clarification. In no way should the Agency provide any information regarding the
solicitation.
C. Pre-Proposal Conference
The bidding Agency can elect to host a Pre-Proposal Conference ahead of the solicitation opening event.
A Pre-Proposal Conference provides the bidding Agency with the opportunity to introduce the details of
their solicitation, from the terms of the competitive procurement to the specifications being sought by
the bidding Agency. This Conference can also provide an opportunity to field questions from potential
Bidders about the solicitation. Agencies may also choose to make attendance at a Pre-Proposal
Conference mandatory for Bidders. In this case, any Bidder that did not attend the mandatory conference
shall not be allowed to submit a response for evaluation.
If a Pre-Proposal Conference is held, it is crucial that the solicitation timeline accounts for this event and
allows time for the reception and response of any questions from this event.
D. Vendor Questions
OPC recommends that solicitation timelines include a Question and Answer period between potential
Bidders and the bidding Agency. Question and Answer events shall be approved at the discretion of
OPC, and Agencies must communicate their desire to hold such events in their initial submission to
OPC. In this period, potential Bidders will submit questions to OPC. OPC will summarize these
questions and send them to the bidding Agency. The bidding Agency will provide answers in written
form with OPC and no contact with the Bidders from the Agency is allowed. OPC will post the
responses from the Agency to the bid event. All responses to all Bidders will be posted and no
individual responses are permitted. While drafting responses to Bidders, OPC and the bidding Agency
will also collaborate on developing any necessary modifications and amendments to the solicitation
specifications depending on the Bidder questions. OPC will send out and receive all communications
during this phase, as the Agency must not make any procurement-related contact with the Vendors.
Solicitation timelines shall allow for Bidder questions to be due at least seventeen (17) days before the
bid opening event, and for responses from the State to be submitted at least ten (10) days before the bid
opening event.
IMPORTANT: While all competitive solicitations may have the option of a written question and
answer period, if a bidding Agency would like more input from Bidders ahead of the recommendation
for award – such as a product demonstration or product samples – then the RFP procurement method
must be selected.
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E. Identifying an Evaluation Team
An evaluation team is only required when the RFP procurement method is selected. RFPs are evaluated,
negotiated and awarded by the Procurement Negotiating Committee (PNC). The PNC may be supported
by an informal evaluation team selected by the Agency. This team may include individuals such as
Agency subject matter experts and Contract end users. This informal evaluation team may review
Bidder questions and responses and provide their feedback to the PNC. There are no requirements
around the size of an evaluation team, although this team shall be approved at the discretion of the OPC.
NDA / Conflict of Interest
All members of the PNC, all evaluators, and any other individual that access bid responses will be
required to complete a Non-Disclosure and Conflict of Interest Agreement prior to being granted access.
This agreement specifies that the signee will keep bid responses confidential, will safeguard the
information to ensure it is not inappropriately made available, and shall acknowledge that they have no
conflict of interest regarding the solicitation.
The OPC Procurement Officer assigned to the solicitation is responsible for obtaining all signed
agreements prior to releasing bid responses to the bidding Agency. Agencies may submit the completed
forms to the Procurement Officer either via hard copy or scanned documents. If the PNC member is not
employed by the bidding Agency, the Procurement Officer will be responsible for obtaining a signed
form from that member. OPC will maintain all signed agreements within the bid file.
F. Solicitation Opening Requirements
The solicitation opening deadline must be at least ten (10) days after posting of a notice in the Kansas
Register (if applicable) and at least ten (10) days after the last solicitation amendment has been
approved.
Once the deadline for responses has been reached, OPC will not allow any late responses to be
considered for evaluation. Likewise, any responses from unregistered Vendors or any responses without
completed required materials may be removed from consideration.
At the solicitation opening event for an RFP, only the names of the responsive bidding Vendors shall be
announced. At the solicitation opening event for an IFB or an RFQ, both the names of the Bidders and
the proposed costs are announced. This opening event effectively begins the solicitation evaluation
process.
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12. EVALUATION PROCESS
The evaluation of Request for Proposals (RFPs) is performed by a (3) three-person Procurement
Negotiating Committee (PNC), which examines both the technical and cost proposals. Additionally,
evaluation of proposals is aided by additional Agency staff members otherwise known as evaluating
team and material experts. After all contributing factors of the bid event are examined, the evaluating
team will make their recommendation to the PNC in the form of a written justification.
Request for Quotations (RFQs) and Invitation for bids (IFBs) do not require a PNC. IFB and RFQs shall
be awarded to the lowest responsible Bidder meeting specifications. Awards will not be made if
minimum requirements are not met.
A. Roles and Responsibilities
OPC: Office of Procurements and Contracts (OPC) is the centralized procurement expert and deemed
the authority for all facets of bid events, Contract negotiations, award, and approvals as delegated by the
Director of Purchases. All communications with Bidders, including coordinating clarifications and
Bidder presentations and negotiations are conducted by OPC.
PNC: Statutorily responsible for the final award recommendation decision of RFPs.
Agency: Additional Agency staff members who have signed an NDA may assist the PNC in the
evaluation of RFP technical proposals. This includes the creation of a complete and detailed technical
evaluation for each of the proposals submitted.
RFQ and IFB do not require a PNC, however, Agency staff are responsible for reviewing bid solicitation
and confirming that the Bidder(s) meet specifications, and award to the lowest responsible Bidder
meeting specifications.
B. Review of Proposals for Responsiveness and Responsibility
All bids/proposals are submitted to OPC and are due by the closing date listed within the bid event.
Bidders must include all requested documentation to be considered. Bidders are instructed to provide
both a technical proposal and cost proposal in separate documents. OPC is responsible for the initial
review of the responses to determine the validity of the submissions. At an RFP bid opening, only names
of responding Bidders are announced. At IFB and RFQ bid openings, both the name of the Bidders and
the costs proposed are announced. This serves as a reminder to Bidders that the lowest cost bid/quote
does not necessarily win in an IFB/RFQ - bids/quotes must also meet the required specifications.
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The following details the mandatory requirements OPC should check for in an RFP response:
1. Is the response signed by the proper authority?
2. Was the proposal submitted on time?
3. Has the conflict-of-interest certification been included?
4. Has the performance guarantee been included?
5. Is the Boycott of Israel Form included and complete?
6. Is the Immigration & Reform Contral Act form included and complete?
7. Is the Tax Clearance form included and complete?
8. Is the Policy Regarding Sexual Harassment Acknowledgment Form included and complete?
9. Does the response include a list of references, if requested?
10. Does the response include a technical proposal/response to the required specifications?
11. Does the response include a cost proposal?
The following details a supplemental checklist of preferred items in an RFP response:
1. Does the response have a Table of Contents?
2. Is the completed cover sheet included?
3. Does the proposal contain an introduction?
4. Is the Corporate Background and Experience section included and complete?
5. Has any proprietary or confidential information been marked?
Additional detail on some of the above instructions:
Table of Contents
All proposals shall have a Table of Contents to assist reviewers in their evaluations.
Proposal Introduction
This section must contain an introduction to the proposal and a statement of the project as the Bidder
understands it. While the section should be brief, Bidders should provide sufficient information to
demonstrate they have read the RFP and related documentation and understand the intent, scope, and
importance of the project.
Corporate Background and Experience
This section should state the background and experience of the individual or corporation submitting the
bid in providing the requested good or service. This section must include a copy of the company or
individual’s most recent independent financial audit and a list of customers who have obtained
substantially similar goods and services from the Bidder. The list of customers must include contact
information for a person familiar with the goods and services provided by the Bidder.
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C. Technical Proposal Evaluation Requirements
In RFPs, technical proposals are a required element of proposal submissions. PNC members, along with
additional Agency members who have signed an NDA, are sent technical proposals for review, without
cost information. Additional Agency staff members assist the PNC in the evaluation of technical
proposals. This includes the creation of a complete and detailed technical evaluation for each of the
proposals submitted. The technical evaluation is then submitted to OPC by the Agency in the form of a
Technical Evaluation Transmittal Letter.
Technical Evaluation Transmittal Letters should include and/or comment on, at a minimum, the below:
1. Response format as required by the RFP
2. Adequacy and completeness of proposal
3. Bidder's understanding of the project
4. Compliance with the specifications, terms and conditions of the RFP
5. Consideration of any Bidder exceptions to the terms and conditions or to the contract in general
6. Experience in providing like services
7. Qualified staff
8. Methodology to accomplish tasks
9. Pros / Cons
10. Strengths / Weaknesses
11. Additional considerations may be included as the Agency sees fit
The Agency selects the top Bidder(s) who have a solution that closely aligns to the project, based only
on the technical proposal. Agencies may use scoring systems during their internal evaluation process,
but scores should not be shared with OPC as part of the technical evaluations. If the agency plans on
using a scoring system to aid in the evaluation process, the scoring system and points values must be
clearly spelled out in the RFP Specifications.
D. Cost Proposal Evaluation Requirements
Cost proposals are a required element of proposal submissions. In an RFP, the initial evaluation of
technical proposals done by the PNC and the Agency does not include cost proposals. Cost proposals
remain sealed throughout this process. The Agency is not provided with any cost proposals to ensure
their evaluation is unbiased regarding pricing. Once OPC receives a complete technical evaluation based
solely on technical proposals, the cost proposals are released to the PNC and the Agency for review. The
PNC and the Agency review the cost proposals in concert with the technical evaluations and recommend
to OPC one or more Bidders to invite to negotiations. The Agency is encouraged to examine the bids
according to cost, starting with the lowest bid. In the event the lowest bid is not selected, K.S.A. 75-
37,102 (e) requires an explanation why. If required, negotiation session(s) are scheduled by OPC.
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E. Clarifications
In an RFP, the evaluation team has the opportunity to ask Bidders clarifying questions through OPC
before making their award recommendation. The Agency provides OPC a list of written clarification
questions for each Bidder, which OPC will forward to the Bidders. The Bidders will answer the
questions in writing prior to the negotiation session. The response to these questions will be provided to
the agency prior to the negotiation session for review.
F. Oral Presentations/Bidder Presentations/Sandbox
Demonstrations
In an RFP, after clarification questions have been issued, the Agency may request an oral presentation or
demonstration. The bidding Agency must prepare a list of items and/or questions that they want the
Bidder to address. The presentations are scheduled and moderated by the Procurement Officer assigned
to the bid event. This process includes:
1. OPC will send clarifications and any discussion points for negotiations to the Bidders in advance
of the negotiations to allow the Bidders to be better prepared for the meeting.
2. Demonstrations of systems or equipment may be necessary.
3. The PNC negotiates any exceptions to the contract language the Bidder may have
communicated. At the end of the negotiations, and before award, the contract language will have
been largely agreed to by both the PNC and the Bidders. The legal teams of both OPC and the
Agency may assist in the negotiation of exceptions and adjustments to the contract.
4. At the end of negotiations, the PNC may request that OPC ask for a revised offer. If revised
offers are requested, OPC will provide these to the PNC for consideration.
G. Scheduling by OPC
Bidder presentations must be scheduled by OPC, not the Agency. During an active procurement, all
communications between the State and the Bidders must run through OPC. Additionally, the Agency
should work with OPC to select the top two or three Bidders for Bidder presentations. This limit can be
increased in the event that the Agency intends to award to multiple Bidders or competition is so close it
is unreasonable to exclude anyone without entering into negotiations.
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13. PREFERENCE PROGRAMS
The State has created several Bidder preferences with the goal of providing employment and economic
opportunities for several types of businesses. These established agreements, a Bidder Preference
Program, and business certifications support the employment of blind and disabled Kansans and
disabled veterans. This section will discuss the following Bidder preferences:
● State Use Program
● Kansas Correctional Industries
● Bidder Preference Program
o Bidder Preference #1 – Certified Businesses
o Bidder Preference #2 – State Use Vendor Program
o Bidder Preference #3 – Purchases from a Certified Business
● Disabled Veteran Business
A. State Use Program
The State Use Program is subject to the provisions of K.S.A 75-3317 through 75-3322, known as “The
Kansas Use Law.” The main goal of the State Use Program is to provide employment for blind and
disabled Kansans by requiring the purchase of specific goods and services by State Agencies and unified
school districts from qualified Vendors. A “qualified vendor” is defined by K.S.A 75-3317 as a “not-for-
profit entity incorporated in the State of Kansas that primarily employs the blind or disabled,” as well as
several other stipulations.
The Director of Purchases, with the recommendation of the State Use Law Committee, approves the
prices of the goods and services manufactured or offered by qualified Vendors. All approved goods and
services subject to the State Use Program are required to be listed in the published catalog “Products and
Services Manufactured and Offered By Blind and Severely Disabled Kansans,” which can be found on
the State Use Catalog website.
K.S.A 75-3321 states “The Director of Purchases and any person or officer authorized to purchase
materials, supplies and services for any State Agency or unified school district shall purchase, except as
otherwise provided in this section, the products and services on the list certified by the Director of
Purchases from qualified Vendors, when those products are to be procured by or for the state or unified
school district or when those services are to be procured by or for the state. Services offered for
purchase are not required to be purchased by a unified school district. The person or officer authorized
to purchase materials, supplies and services for any municipality may purchase the products and services
on the list certified by the Director of Purchases for qualified Vendors.”
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Purchases from State Use Vendors may be made through the Kansas State Use website, which will
prompt the creation of an account to facilitate purchases.
When to use a State Use Vendor
Agencies should always try to source products and services from State Use Vendors before searching
Statewide or Agency specific Contracts. Several State Use Vendors include sourcing and may offer
discounts for bulk ordering.
State Use Program Waiver Process
In the event the qualified Vendors cannot supply the needed products or services or are unable to meet
delivery requirements of a purchase order or requisition, the State Agency Procurement Officer or
Purchasing Officer of the unified school district must submit a waiver to the Director of Purchases. Two
forms may be utilized to fulfill this waiver requirement:
1. Prior Authorization Form
2. State Use Program Waiver
When submitting a State Use Program Waiver, an Agency must address:
1. Why was the qualified Vendor unable to supply the products needed?
2. Why was the qualified Vendor unable to meet delivery requirements on this order?
3. What attempt has been made by the Agency to be in compliance with the State Use Laws?
4. What was the nature of the communications between the Agency and the State Use Vendor?
5. How/Where will the Agency purchase these items, if not from a Qualified State Use Vendor?
6. If the purchase involves a large quantity, has the State Use Vendor been notified of the fact? Has
the Agency asked for a “quantity discount” from the Qualified State Use Vendor?
State Use Program Waivers submitted on the basis of price will be denied. If the waiver is approved by
the Director of Purchases, then the specific purchase order, request, or requisition will be exempt from
K.S.A 75-3317 through 75-3322.
Additionally, only unified school districts may submit a State Use Program Waiver on the basis of
‘substantial use,’ meeting the definition from K.S.A. 75-3322 that “purchases have been made or
contracts for purchase have been entered into for a substantial amount of such product or products from
a qualified Vendor or Vendors during such unified school district fiscal year.”
B. Kansas Correctional Industries
Statute K.S.A. 75-5276 states, in part, “All State Agencies shall purchase from the secretary all articles
or products required by such State Agencies that are produced by inmates and no such article or product
shall be purchased by any State Agency from any other source, unless excepted from the provisions of
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this section by law or in accordance with K.S.A. 75-5277, and amendments thereto.” Please refer to the
Kansas Legislature website for the full text of this statute.
Accordingly, State Agencies must purchase goods and services, including office furniture, from Kansas
Correctional Industries (KCI). The KCI Waiver Request defines “office furniture” to mean “Furniture, at
the time product requirement is indicated, that it is intended primarily for use in an office environment
(including faculty offices, meeting rooms and conference rooms). KCI’s website and catalogs do not
contain all products offered.”
Kansas Correctional Industries Waiver Process
If a State Agency needs to seek exception from the requirements to purchase from Kansas Correctional
Industries, the appropriate procedures described in the Kansas Correctional Industries Waiver Request
must be followed. The KCI Waiver Request can be found on the Office of Procurement and Contracts
website, under Procurement Forms.
C. Bidder Preference Program
The Kansas Legislature established the Bidder Preference Program through K.S.A 75-3740, which seeks
to encourage employment for disabled Kansans by providing a scoring discount during the evaluation
process for businesses that employ disabled Kansans or buy from such businesses. The Bidder
Preference Program contains 3 bid preferences:
1. Bidder Preference #1 – 10% for a Certified Business
Bidder Preference #1 is governed by K.S.A 75-3740, and defined in the Bid Event Preference
Attachment as follows: “A contract shall be awarded to a certified business which is also a
responsible Bidder, whose total bid cost is not more than 10% higher than the lowest competitive
bid. Such contract shall contain a promise by the certified business that the percentage of employees
that are individuals with disabilities will be maintained throughout the contract term and a condition
that the certified business shall not subcontract for goods or services in an aggregate amount of more
than 25% of the total bid cost.”
Bidders claiming Preference #1 the statutory definition of a “certified business” is as follows:
"Certified business" means any business certified annually by the Department of Administration that
is a sole proprietorship, partnership, association or corporation domiciled in Kansas, or any
corporation, even if a wholly owned subsidiary of a foreign corporation, that:
• Does business primarily in Kansas or substantially all of its production in Kansas;
• Employs at least 10% of its employees who are individuals with disabilities and reside in Kansas;
• Offers to contribute at least 75% of the premium cost for individual health insurance coverage for
each employee. The Department of Administration shall require a certification of these facts as a
condition to the certified business being awarded a contract pursuant to subsection (b); and does
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not employ individuals under a certificate issued by the United States Secretary of Labor under
subsection (c) of 29 U.S.C. § 214
In addition to meeting the statutory requirements, Bidders claiming Preference #1 must also submit
a Certified Business Application and all required attachments, as well as Employee Evaluation
Forms, to the Department of Administration to receive certification on an annual basis. All required
forms can be found publicly on the Office of Procurement and Contracts website. It is important to
note that a business must apply for and receive certification before they can request that a bidding
preference be applied to their bid.
2. Bidder Preference #2 – Dollar for Dollar, up to 10%, for purchases from the State Use
Vendor Program
Bidder Preference #2 is governed by K.S.A 75-3740, and defined in Bid Event Preference
Attachment as follows: “A responsible Bidder purchases from a qualified vendor goods or services
on the list certified by the director of purchases pursuant to K.S.A. 75-3317 et seq., and amendments
thereto, the dollar amount of such purchases made during the previous fiscal year shall be deducted
from the original bid received from such Bidder for the purpose of determining the lowest
responsible bid, except that such deduction shall not exceed 10% of the original bid received from
such Bidder…”
To claim Bidder Preference #2, the Bidder is required to submit a Certificate of Purchases to the
Department of Administration that certifies that the Bidder bought the specified dollar amount of
goods or services from a qualified Vendor during the previous fiscal year. The posting date of the
bid will be the basis for determining which fiscal year purchases can be utilized. This specified
dollar amount of qualifying purchases is then deducted from the original bid, except that the
deduction cannot exceed 10% of the original bid received from the Bidder. At the State’s request, the
Bidder is expected to produce to the State any documentation or other such evidence to verify the
Bidder's above noted purchases. All required forms can be found publicly on the Office of
Procurement and Contracts website here.
3. Bidder Preference #3 – Dollar for Dollar, up to 10%, for purchases from a Certified
Business
Bidder Preference #3 is governed by K.S.A 75-3740, and defined in the Bid Event Preference
Attachment as follows: “Per K.S.A. 75-3740d, a responsible Bidder purchases from a certified
business the dollar amount of such purchases made during the previous fiscal year shall be deducted
from the original bid received from such Bidder for the purpose of determining the lowest
responsible bid, except that such deduction shall not exceed 10% of the original bid received from
such Bidder;”
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The process to claim Bidder Preference #3 is similar to claiming Bidder Preference #2. The main
difference is that the Bidder is required to submit a Certificate of Purchases to the Department of
Administration that certifies the Bidder bought the specified dollar amount of goods or services from
a certified business during the previous fiscal year, rather than from a qualified Vendor as is the case
for Bidder Preference #2. The posting date of the bid will be the basis for determining which fiscal
year purchases can be utilized. This specified dollar amount of qualifying purchases is then deducted
from the original bid, except that the deduction cannot exceed 10% of the original bid received from
the Bidder. At the State’s request, the Bidder is expected to produce to the State any documentation
or other such evidence to verify the Bidder's above noted purchases. All required forms can be found
publicly here at the Office of Procurement and Contracts website.
D. Disabled Veteran Business
K.S.A 75-3740 governs the Disabled Veteran Owned Business preference, and states:
“A contract shall be awarded to a certified business or disabled veteran business which is also a
responsible Bidder, whose total bid cost is not more than 10% higher than the lowest competitive bid.
Such contract shall contain a promise by the certified business that the percentage of employees that are
individuals with disabilities will be maintained throughout the contract term and a condition that the
certified business shall not subcontract for goods or services in an aggregate amount of more than 25%
of the total bid cost.”
A “disabled veteran business” must meet the definition of “a business certified annually by the
Department of Administration that is a sole Proprietorship, partnership, association or corporation
domiciled in Kansas, or any corporation, even if wholly owned subsidiary of a foreign corporation, and
is verified by the Commission on Veteran’s Affairs that not less than 51% is owned by one or more
disabled veterans or, in the case of a publicly owned business, not less than 51% of the stock owned by
one or more disabled veterans, the management and daily business operations are controlled by one or
more disabled veterans and such business maintains these requirements during the entire contract term.”
In order to claim this preference and gain certification, Bidders must submit the Disabled Veteran
Owned Business Application to the Department of Administration on an annual basis. The Director of
Purchases will then review the application, and if approved, the application will be verified by the
Commission on Veteran’s Affairs. Businesses applying for certification should be registered with the
service-disabled veteran-owned small businesses (SDVOSBs). The business will then be posted with the
certification expiration date to the Office of Procurement and Contracts website under the Certified
Business and Disabled Veteran Owned Business listing. The appropriate form and current list of veteran
owned businesses can be found on the Office of Procurement and Contracts website.
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14. CONTRACT NEGOTIATION AND CREATION
The negotiation of any adjustments or exceptions to the Contract occurs for the most part during the
evaluation phase of the procurement. Therefore, when it comes time to finalize the Contract most
exceptions and changes have already been agreed to by the Agency and the Vendor. Although most
Contract negotiation is handled during the evaluation phase of the procurement, in the final negotiation
phase, final details are ironed out and any new issues or exceptions that come up post-award are
resolved. The legal teams of both Office of Procurements and Contracts (OPC) and the Agency may
assist in the finalization of exceptions and adjustments to the Contract.
Contracts are created in the Statewide Management, Accounting, and Reporting Tool (SMART) and
then edited where necessary by OPC. While making any necessary edits, the Procurement Officer should
check the Contract has been generated from SMART as they intended before moving forward. After the
Contract has been finalized it is re-uploaded to SMART, and the awarded Vendor(s) is notified by OPC
via SMART and asked to sign the Contract. Once the awarded Vendor(s) returns the signed Contract to
OPC, it is uploaded to an internal repository, and an unsigned Contract is uploaded to SMART.
Per K.S.A. 75-3737, a copy of every Contract or lease extending for a term longer than one year shall be
filed with the KDOA Director of Accounts and Reports.
A. Contract Terms and Conditions
When creating the Contract in SMART, the Procurement Officer selects the correct boilerplate
language for goods, services, or both goods and services. SMART will automatically include all
mandatory language based on the category selection. Additionally, all Contracts must also have the
following documents appended to it:
A. DA-146a - Contractual Provisions
B. Boycott of Israel Certification Form
C. Immigration & Reform Control Act
D. Tax Clearance form
E. Policy Regarding Sexual Harassment Acknowledgment Form
These forms must be added by the Procurement Officer after the Contract is initially created in
SMART.
Best Practice: During the initial need identification phase, the requesting Agency should
consider terms and conditions relative to the unique needs of the Agency and the good or service.
These should be included in the solicitation documentation submitted with the original requisition.
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15. KANSAS OPEN RECORDS ACT
The Kansas Open Records Act (KORA) K.S.A. 45-215 et seq. ensures that Kansas public records are to
be made open for inspection by any person. In the context of procurement, this means that contractors
and Bidders can request to see certain documentation that is created as part of the solicitation process.
The KORA website contains all relevant information about the Act, including: contact information, fees,
and how to make a records request. All information requests related to procurements other than bid tab
sheet results, should be done through the standard KORA Request Form, although information may also
be requested by mail, in person, via email, or by fax.
Office of Procurements and Contract’s (OPC’s) process for handling KORA requests is as follows: All
KORA requests go to the Department of Administration (KDOA) Office of Chief Counsel. The Chief
Counsel’s Office then refers the request to the Administrative team at OPC, who provides the Chief
Counsel’s Office with the relevant documents. The Chief Counsel’s Office makes the final decision on
what may and may not be released. The Chief Counsel’s Office distributes allowable documents with
the requestor. There is a separate process for requests of procurement & contract bid tab sheets as
outlined below.
Most documents are subject to KORA, although certain documents, such as specific files that contain
financial information, may be considered proprietary and not subject to KORA. The final authority on
which documents are subject to KORA rests with the Office of Chief Counsel.
Details regarding active procurement events are not available until the event closes. In certain cases,
limited information is available from the Office of Procurement and Contracts, which is located at:
Kansas Department of Administration
Procurement and Contracts
Attn: Bid Results
900 SW Jackson, Rm 451-S
Topeka, KS 66612-1216
1. Tab sheets. Tab sheets are a summary of Bidder names and bid amounts as submitted for an
Invitation for bid (IFB) or Request for Quotation (RFQ) event. OPC can provide tab sheets after
a bid event has closed. Tab sheets are not available on RFP events. The public is invited to attend
bid openings in-person or through conference calls on the published dates of bid openings.
2. Vendor Lists. OPC can provide the name of responding Bidders to an RFP after the event has
closed. Bidder submissions are not available through OPC and must be requested through the
KORA process. These documents are not available until after award.
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To request a tab sheet or Vendor list from OPC, please use the following contact information. Please
provide the EVT number for the event.
• In-person at the address above
• Via e-mail to tabsheets@ks.gov
• Via phone call at 785-296-0002
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16. AWARD AND PROTEST PROCESS
A. Award Recommendation
1. RFP Award Recommendation
Once the Request for Proposal (RFP) evaluation process is completed, the Procurement Negotiating
Committee (PNC) will proceed with a recommendation to either award the Contract to the best
evaluated Bidder or not award the solicitation. The PNC is responsible for drafting and submitting a
formal written recommendation for award to the Office of Procurements and Contracts (OPC), providing
full documentation of the recommendation. This includes any necessary rationale for bypassing lower
cost Bidders. OPC may require additional documentation or justification before proceeding with the
award.
In an RFP, the award recommendation letter should include the following:
1. Date
2. RFP number
3. PNC member names
4. Contact name and Agency
5. The Bidder(s) the Agency would like to award
6. The Bidder(s) that were not awarded
7. Any necessary explanation in the case that the lowest cost Bidder(s) was not selected
8. Any necessary explanation in the case that multiple Bidders were selected
9. Any required/relevant documentation as attachments
10. Signatures of all members of the PNC
See RFP award recommendation letter template below:
MEMORANDUM
Date: [Date]
Memo To: Request for Proposal #xxxxx
From: PNC Member, Director of Purchases Representative
PNC Member, Secretary of Administration Representative
PNC Member, Agency Representative
Subject: Name of Contract
Agency / Agencies serviced by Contract
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The Procurement Negotiating Committee (PNC), as determined to be in the best interest of the State of
Kansas, hereby concurs with the Agency’s recommendation that the award on the above referenced
project be made in the following manner.
Describe how the award will be made, to whom, and under what conditions.
Include information about Bidders who were rejected.
Attach any required / relevant documentation.
[PNC Member Signature] [PNC Member Signature] [PNC Member Signature]
2. RFQ & IFB Award Recommendation
For Request for Quotations (RFQs) and Invitation for bids (IFBs), OPC requires an official award
recommendation letter from the Agency that states which Vendor has been selected and that this Vendor
meets the specifications detailed in the bid event. In the case where the lowest Bidder was not awarded,
the Agency must include an explanation that includes detailed information on how the lowest Bidder did
not meet the required specifications. Additionally, the technical and business aspects of each proposal
should be considered and included in the award letter.
See RFQ & IFB award recommendation letter template below:
MEMORANDUM
Date: [Date]
Memo To: Request for Quote #xxxxx
From: Agency Representative
Subject: Name of Contract
Agency / Agencies serviced by Contract
[INSERT AGENCY NAME], in concert with the Office of Procurement and Contracts, has determined
it to be in the best interest of the State of Kansas that the award on the above referenced project be made
in the following manner.
Describe how the award will be made, to whom, and under what conditions.
Include information about Bidders who were rejected.
Attach any required / relevant documentation.
[Agency Representative Signature]
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B. Award Announcement
For an RFP, all members of the PNC must sign the award recommendation letter prior to submitting it to
OPC. Once submitted, OPC will enter the award in the Statewide Management, Accounting, and
Reporting Tool (SMART) and begin the Contract creation process. As part of the Contract creation
process, the SMART system automatically notifies the winning Bidder of their award through a system
generated notification. The Bidder(s) who were not awarded do not get notifications from SMART, but
rather through a regret letter drafted and sent by OPC. As such, it is recommended that the Contract
negotiations be concluded with the awarded Bidder prior to Contract creation so as to make an official
award announcement quickly. Kansas statute requires that awards be publicly posted for a specified
amount of time dependent upon the value of the resulting Contract and/or the underlying products or
services. Additionally, the protest period begins on the date the Regret Letters are issued to unsuccessful
Bidders.
See sample Regret Letter template below:
Date:
Name
Address
Zip
Sent via email: Email Address
Re: State of Kansas Request for Proposal
EVT# _________ Bid Name
Dear: ______________:
The members of the Procurement Negotiating Committee for the above referenced RFP wish to thank
you for your time, effort and courtesy in responding to the RFP.
Please be advised an intent to award has been made to Vendor Name., whose bid we believe best serves
the interests of the State of Kansas. The Contract file will be open for review once a signed Contract is
completed. To obtain copies of any records or view any records, please go to the following link,
http://admin.ks.gov/offices/chief-counsel pursuant to Section 1, Item 13 of the RFP.
Should you have questions, please feel free to contact me at Procurement Office Telephone # .
Sincerely,
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C. Protest Procedures
The 30-day protest period begins when regret letters are sent to the Bidder(s) who was not awarded.
OPC typically sends regret letters and begins the protest period after the Contract has been fully
executed in SMART with the awarded Bidder(s).
The Bidder protest procedure is as follows:
1. The protest shall be made in writing to, and received by, the Director of Purchases within thirty
(30) calendar days after the date of the event which gives rise to the Bidder’s protest. The
Division of Purchases shall not accept any protest more than thirty (30) days after the date of the
Contract award or renewal.
2. The written protest shall include the following:
a. The name and address of the protesting Bidder;
b. Appropriate identification of the procurement by bid or Contract number;
c. A statement of the specific reasons for the protest; and
d. Supporting exhibits, evidence, or documents, unless they are not available within the
filing time, in which case the expected availability date shall be indicated.
3. If a protest has been filed before an award or renewal has been made, no Contract shall be
awarded or renewed until the protest has been heard, unless the Director of Purchases determines
that the immediate award of the Contract is necessary to protect State interest.
4. A protest decision shall be made by the Director of Purchases as soon as possible after receiving
all relevant, requested information. The decision of the Director of Purchases is final and there is
no further administrative appeal process. The Director of Purchases is the State Agency officer to
receive service of a petition for judicial review on behalf of the Kansas Division of Purchases.
5. To maintain the integrity of the procurement process, the Director of Purchases shall not grant
waivers for, or hear protests concerning, the following omissions:
a. Failure to properly complete the bid form;
b. Failure to submit the bid to the Division of Purchases by the due date or time;
c. Failure to provide samples, descriptive literature, or other required documents by the bid
deadline or other specified time; or
d. Failure to provide a required bid deposit or performance bond by the specified date or
time.
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17. CONTRACT MANAGEMENT
The majority of day-to-day Contract management responsibility rests with the Agency. However, key
events in the life cycle of a Contract like extensions, amendments, renewals, terminations, and
cancellations must go through the Office of Procurements and Contracts (OPC). While these important
contracting events must be handled by OPC and OPC proactively reaches out regarding Contract
management wherever it can, the ultimate responsibility for ensuring active Contracts are managed
correctly rests with the Agency.
A. Contract Renewals
1. Agency Contract Renewals
Agency Contract renewals begin with the Agency reaching out to OPC to request a renewal. To the
extent possible, OPC may attempt to reach out to Agencies on a periodic basis to provide Agencies a
status update on their Contracts in need of renewal. This process aims to help OPC better serve their
clients and stay ahead of upcoming Contract renewals. Ultimate responsibility to ensure OPC is aware of
and has the necessary information for a Contract renewal rests with the Agency, while the responsibility
to execute the renewal rests with OPC.
The process to renew a Contract is as follows:
1. Agency identifies a Contract for renewal
2. Agency notifies OPC of need for a renewal
3. OPC notes need for Contract renewal and begins work on amendment
4. OPC updates the cover page of the Contract reflecting the renewal, no other content changes are
made to the original, fully executed Contract
5. OPC contacts Contractor with amendment/renewal documents and additional forms as required
6. Contractor signs amendment, obtains and signs additional documents as necessary, and returns
them to OPC
7. OPC sends amendment and attachments to Agency for signature
8. Agency returns signed amendment and attachments to OPC
9. OPC signs amendment
10. OPC uploads amendment to the Statewide Management, Accounting, and Reporting Tool
(SMART) without signatures
11. OPC saves signed amendment in separate repository
12. OPC emails Contractor and Agency the signed and officially renewed amendment documents
For the majority of Contracts, OPC adheres to the common standard of five years maximum for Contract
length. This means OPC does not establish an initial maximum term or renew a Contract past the five-
year mark in the majority of cases. Approval is required from the Director of Purchases to go beyond the
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five-year term. Certain commodities are more commonly given exceptions to the five-year limit,
including land leases, financial services, and IT systems.
2. Statewide Contract Renewals
The process for renewing Statewide Contracts is similar to the process for renewing Agency Contracts
described above. The main difference is that Agencies are not involved. The Procurement Officer
responsible for the Contract approves the renewal, and the renewal must only be signed by the
Contractor and the Director of Purchases.
B. Contract Extensions
Contract extensions generally refer to the continuation of a Contract outside of the standard renewal
process. This typically occurs when Contracts are out of renewals, or if the Agency needs more time to
re-bid or evaluate renewing the Contract. All Contract extensions must occur in writing and require the
Contractor’s consent. OPC, in conjunction with the Agency, has the option to extend Contracts.
Typically, Agencies reach out to OPC to request Contract extensions and OPC takes the necessary steps
to extend Contracts in SMART. The length of a Contract extension is at the discretion of the
Procurement Officer, with consultation from the Director of Purchases where necessary. Extensions to
Statewide Contracts follow the same process but are managed at the discretion of OPC.
C. Contract Amendments
Throughout the term of the Contract, changes to the Contract may become necessary. Changes to
Contracts are done in the form of a Contract amendment. These changes may be minor, administrative
changes such as a change of address, or they can be substantial changes that affect price and delivery.
Care should be taken to ensure that if a change is needed, the change is within the scope or parameters
of the original solicitation. A change in the scope of work will not be allowed, because it was not
originally subject to fair competition. In addition to content changes, Contract extensions and renewals
are also processed as amendments to the Contract.
OPC has the ability to amend Contracts in SMART, in conjunction with the Agency. The process for
making an amendment to an active Contract is as follows:
1. Agency identifies the need for a Contract amendment
2. Agency notifies OPC of their desired change and the need for an amendment
3. OPC validates need for an amendment
4. OPC verifies the change with the Agency
5. OPC makes the change to the Contract in the form of an amendment
6. OPC sends the amendment and any necessary attachments to the Contractor for signature
7. Contractor returns signed amendment and attachments to OPC
8. OPC sends the amendment and attachments to the Agency for signature
9. Agency returns signed amendment and attachments to OPC
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10. OPC signs the amendment and attachments if applicable
11. OPC publicly posts the amendment and updates SMART with dates and funds as applicable
D. Contract Terminations
Contract termination refers to when OPC, in conjunction with the Agency, decide to end a Contract due
to cause or convenience.
1. Termination for Cause
The Director of Purchases may terminate a Contract, or any part of a Contract, for cause under any one
of the following circumstances:
• The Contractor fails to make delivery of goods or services as specified in the Contract;
• The Contractor provides substandard quality or workmanship;
• The Contractor fails to perform any of the provisions of the Contract, or
• The Contractor fails to make progress as to endanger performance of the Contract in accordance
with its terms.
Contract terminations for cause are handled on a case-by-case basis, but many terminations include the
use of the Complaint to Vendor Form (for more detail on the Complaint to Vendor Form, see Section
18: Vendor Management). In the cases where the Agency uses the Complaint to Vendor Form, the
termination process is as follows:
1. Agency is required to reach out to the Contractor to determine if an agreement can be made for a
resolution, if this cannot be achieved then the agency sends OPC a Complaint to Vendor Form
along with supporting documentation to communicate they are having an issue with a Contractor.
2. The Director of Purchases provides the Contractor with written notice of the conditions
endangering performance.
3. If the Contractor fails to remedy the conditions within ten (10) days from the receipt of the notice
(or such longer period as State may authorize in writing), the Director of Purchases shall issue
the Contractor an order to stop work immediately.
4. There are no additional signatures needed to terminate a Contract.
5. OPC modifies SMART to the date of termination so that the Contract cannot be utilized moving
forward.
There are other cases where a Contract can be terminated for cause without the use of the Complaint to
Vendor Form, typically in cases where extenuating circumstances cause the Contract to require
immediate termination. This determination is made by the Director of Purchases.
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Best Practice: Generally, OPC views Contract termination as a last resort. The goal of OPC
and the Agencies is to work with Contractors to resolve issues, so that Contracts can be maintained
for their agreed upon timeframes.
2. Termination for Convenience
The State may terminate a Contract without cause. Said termination will not be deemed a breach of
Contract by the State. Termination for convenience is utilized for reasons outside of the Contractor’s
contractual default. In most cases, the Director of Purchases will provide written notice thirty (30) days
in advance of termination for convenience. The termination for convenience process is as follows:
1. Agency or OPC identify the need to terminate a Contract (e.g. funding cancellation)
2. OPC sends a letter to the Contractor, with relevant documentation, notifying Contractor of the
termination
3. OPC modifies SMART to the date of the termination
E. Contract Cancellation
Contract cancellation refers to when a Contractor decides to cancel a Contract instead of renewing it, or
notifies the Agency and OPC that they cannot proceed with the Contract under the current contractual
requirements. A Contractor may choose to cancel a Contract for a variety of reasons. A common
example is that the Contractor requests a price increase that is not in alignment with Agency budgets or
current marketplace pricing. The Contractor will then choose to cancel the Contract instead of renewing
it at a lower price. To cancel a Contract, OPC takes various steps to process the cancellation and update
SMART, so that it cannot be utilized moving forward. There are no additional signatures or forms
needed to cancel a Contract.
A Contractor unilaterally cancelling a Contract before the scheduled end date can result in debarment.
Any Contractor who defaults on delivery or does not perform in a satisfactory manner as defined in their
Contract may be barred for a period up to three (3) years, pursuant to K.S.A. 75-37,103, or have their
work evaluated for pre-qualification purposes pursuant to K.S.A. 75-37,104. Per K.S.A. 75-37,103, the
causes for debarment include failure without good cause to perform in accordance with the terms of the
Contract.
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18. VENDOR MANAGEMENT
A. Vendor Registration
Bidders are required to be registered in the Statewide Management, Accounting, and Reporting Tool
(SMART) prior to bid closing to be considered responsive and responsible and eligible for award.
Bidders can register their business with the State through the State of Kansas eSupplier Portal. By
clicking on the “Registration” button followed by the “Register New Bidder” option, a Bidder can fill
out the details pertaining to their business to obtain official registration. These details include identifying
tax information such as a W-9, company addresses, and company contacts. As part of this process, a
Bidder can list UNSPSC category codes that may apply to their business in order to be notified
automatically by the Office of Procurements and Contracts (OPC) if future bid opportunities in their
industry arise. Once a Bidder application has been processed, an email will be sent confirming approval
of application and providing a Bidder number in a format starting with BDR#000. Further details about
this process can be found in the New Bidder Registration Checklist produced by OPC. Completing a
Vendor application only takes a few minutes.
After a Bidder has been registered, they must not submit another application. If changes are required to a
Vendor’s records, such as contact information, address changes, or adding/deleting commodity codes,
the Vendor must email bids@ks.gov with their company name, taxpayer identification number, and the
requested changes.
If an organization is already doing business with the State of Kansas, then they do not have to register as
a new Bidder. Instead, by following the same link to the eSupplier Portal, organizations that have
already done business with the State of Kansas and have received a payment from the State in the past
60 months can create a Supplier User Account. Qualifying Vendors can register by clicking on the
“Registration” button followed by the “Register Supplier User Account” option. After providing the full
and exact 10-character Supplier ID listed on their State payment files or on their Contract document, the
Vendor can fill out their identifying tax information, payment information, and user account details.
Vendors have the option to create multiple Supplier User Accounts for their company. Once Supplier
User Registration is complete, the new user will immediately be able to login to the Kansas eSupplier
Portal with the user ID and password they created.
B. Vendor Performance Management
If an Agency is experiencing issues with a Contractor and their resulting performance on a Contract, and
if the Agency has already attempted to come to a resolution, the Agency can complete a Complaint to
Vendor form listing the specific issues that are causing concern. It is important that Agencies have
documented their issues in writing, along with the dates of issues, specific details, communications with
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the Vendor about these issues, and any attempts to reach a resolution before submitting a complaint.
This documentation is necessary supporting information to include with the complaint form. The
Complaint to Vendor form can be downloaded at https://admin.ks.gov/offices/procurement-
contracts/procurement-resources/procurement-forms from the Department of Administration website.
These issues may include late delivery, under-shipment, damaged shipments, failure to meet contractual
obligations, or other issues described by the Agency. The Agency shall send their completed complaint
form along with supporting documentation to OPC, after which OPC will pass along an official
complaint to the Contractor. Once OPC reaches out to the Contractor, they will set a timetable for the
Contractor to respond with their proposed solutions to rectify the issue. In these situations, OPC is acting
as a non-biased party seeking a successful resolution that will be in the best interest of the State of
Kansas.
If issues persist after this complaint, Agencies shall take note in writing of continued concerns with the
Contractor and contact OPC with their documented issues. From that point, it is at the discretion of OPC
as to what action to take. These actions can include dictating a corrective action plan for the Vendor to
follow, cancelling a Contract, or terminating a Contract.
IMPORTANT: The Director of Purchases may need to be consulted on a Vendor performance
issue if a Notice to Cure is to be issued or if the issue cannot be successfully resolved.
C. Debarment and Suspension
The State of Kansas sets the causes and terms supporting debarment and suspension in K.S.A. 75-37,103
as follows:
“After reasonable notice to the person involved and reasonable opportunity for that person to be heard,
the secretary of administration, after consultation with the contracting Agency and the attorney general,
shall have authority to debar a person for cause from consideration for award of contracts. The
debarment shall not be for a period exceeding three (3) years. The secretary, after consultation with the
contracting Agency and the attorney general, shall have authority to suspend a person from
consideration for award of contracts if there is probable cause to believe that the person has engaged in
any activity which might lead to debarment. The suspension shall not be for a period exceeding three (3)
months unless an indictment has been issued for an offense which would be a cause for debarment, in
which case the suspension shall, at the request of the attorney general, remain in effect until after the
trial of the suspended person.”
“The causes for debarment include the following:
● Conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or
private Contract or subcontract or in the performance of such contractor or subcontract
● Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property or any other offense indicating a lack of
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business integrity or business honesty which currently, seriously and directly affects
responsibility as a state contractor
● Conviction under state or federal antitrust statutes
● Failure without good cause to perform in accordance with the terms of the Contract
● Any other cause the secretary determines to be so serious and compelling as to affect
responsibility as a state contractor, including debarment by another governmental entity for any
cause pursuant to rules and regulations,”
The Department of Administration is charged with maintaining a public posting of debarred or
suspended Vendors on their website. A current listing can be located on the Department of
Administration website.
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19. FISCAL YEAR END PROCEDURES
In order to allow the Office of Procurement and Contracts sufficient lead time for processing purchase
requisitions funded from the current fiscal year appropriations, all Agencies are expected to comply with
the submission schedule outlined by the Director of Purchases. Before the end of the fiscal year,
between February and April, the Director of Purchases will release an informational circular detailing
the exact submission deadlines for different types of requisitions and Prior Authorizations based on the
fiscal year they are funded under. Previous years’ Informational Circulars can be found under
Procurement Resources on the Office of Procurement and Contracts website.
A. Processing Requisitions that Require Bidding
1. Current Fiscal Year Funded Transactions
If an Agency intends to utilize the Request for Proposal (RFP) negotiated procurement process for a
current fiscal year transaction, the Agency must submit the purchase requisition by the close of
business on the date specified by the Director of Purchases. Dates will be applicable based on
whether the transaction is a non-RFP purchase, and the anticipated dollar amount of the purchase.
These dates will be specified in the Informational Circular.
If any exceptions or deviations are to be requested, the Agency head should contact the Director of
Purchases through email. The Agency must receive written approval via email.
2. Next Fiscal Year Funded Transactions
Requisitions that are funded under the next fiscal year and that require bidding may be entered into
SMART beginning on the date specified by the Director of Purchases.
When entering the requisition into the Statewide Management, Accounting, and Reporting Tool
(SMART), the requisitioner or Agency approver must enter the current fiscal year budget date, and
in the Justification/Comments field of the requisition note that it is funded under the next fiscal year.
It is essential this note is included in the Justification/Comments field on the requisition, rather than
at the line level. Should this not be done, and the requisition is approved, it may need to be
resubmitted.
The Procurement Officer will then change the budget date on the requisition to reflect the next fiscal
year date.
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B. Processing Prior Authorization Requisitions
1. Processing Current Fiscal Year Prior Authorization Requisitions
Requisitions funded under the current fiscal year that require Prior Authorization approval must be
entered into SMART and routed to the Office of Procurement and Contracts in accordance with
dates specified by the Director of Purchases. Dates will be applicable based on the requisition’s
dollar amount. These dates will be specified in the Informational Circular.
2. Processing Next Fiscal Year Prior Authorization Requisitions
Requisitions that are funded under the next fiscal year that require Prior Authorization approval may
be entered into SMART beginning on the date specified by the Director of Purchases and Contracts.
When entering the requisition into SMART, the requisitioner or Agency approver will enter the
current fiscal year budget date, and in the Justification/Comments field of the requisition note that it
is funded under the next fiscal year. It is essential this note is included in the Justification/Comments
field on the requisition, rather than at the line level. Should this not be done, and the requisition is
approved, it may need to be resubmitted.
For additional information on the Prior Authorization submittal process, please refer to
Informational Circular 11-03. Justification for Prior Authorization requisitions must be clearly and
fully described.
C. Processing Requisitions for Prior Approved Contracts
Processing Next Fiscal Year Requisitions for Prior Approved Contracts
For requisitions that require funding across multiple fiscal years that have been previously approved
in SMART for the current fiscal year, the Agency must send a revised Prior Authorization
requisition to the Procurement Officer administering the contract via email.
Requisitions that will be funded under the next fiscal year must be entered into SMART on or after
the beginning of the State Fiscal Year on July 1. Entering a requisition prior to July 1 will create an
encumbrance for the current fiscal year rather than the intended next fiscal year.
Due to system controls, a budget date can only be changed by central users (OPC procurement staff).
Therefore, to alleviate the need for budget date changes on these requisitions, a grace period is
allowed during the month of July to allow Agencies time to enter encumbrances for the new fiscal
year. No audit findings will be issued during July based on a comparison of service date or order
date to the requisition date.
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D. Construction or Major Repairs and Improvements
For any construction projects financed by funds that end at the end of the current fiscal year,
preliminary work on plans and specifications should be started immediately with Design,
Construction, and Compliance (DCC) at the time of Informational Circular distribution. Completed
construction documents must be submitted by the close of business on the date specified by the
Director of Purchases and Contracts in order to allow for compliance and bids to be issued and
submitted by the date specified in the Informational Circular. Please see Appendix A for more
construction procurement information. The dates specified in the Informational Circular are also
applicable to projects reviewed by Office of Facilities & Property Management (OFPM) and bid
by the Office of Procurement and Contracts.
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APPENDIX A. OTHER PROCUREMENT
METHODS
While competitive and non-competitive procurement methods are discussed in detail in Manual Section
9 Procurement Methods, six types of procurements are called out as having unique requirements. This
section will highlight the differences between these special categories and standard procurements. Any
steps or requirements not highlighted in this section may be assumed to follow the standard processes
discussed in Manual Section 9 Procurement Methods.
1. Construction Purchases and Capital Improvement Projects
For construction, installation, repair, and capital improvement projects with estimated values
above an Agency’s delegated authority, procurements may go through either OPC or OFPM
based on the nature of the construction or capital improvement work to be done.
Projects Concerning Health
and Safety
(including IBC, IFC, IFGC, IPC, IMC,
NEC or 2010 ADA Standards)
Agency coordinates with
OFPM and DCC following
the preparation of
specifications for review and
prior to the release of bid
Following award, OFPM will
negotiate contract on behalf of
requesting agency; materials
are submitted to OPC for
contract creation in SMART
Projects Not Concerning
Health or Safety
Agency may coordinate with
OFPM and DCC to prepare
specifications; OPC releases
and runs bid
Following award, OPC
creates and finalizes contract
Construction Bid Workflow
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All construction and capital improvements related to health and safety (including projects subject
to IBC, IFC, IFGC, IPC, IMC, NEC or 2010 ADA Standards) must be coordinated through
OFPM DCC, whereas other projects may be run through OPC. For projects required to be bid
through OFPM, OFPM requirements and documentation may be found on their website.
For projects being bid through OPC, all requirements applicable to IFBs and RFQs are also
applicable in addition to the following considerations:
• Agencies should determine if a pre-bid site visit is necessary or desirable;
• Agencies should include with their specifications of the work to be done goal completion
dates;
• OPC will determine the applicability and amount of bid, performance, and public works
bonds.
While the RFQ and IFB requirements for award (i.e., low-cost Bidder that meets specifications)
are applicable for construction procurement, successful Bidders must also be pre-qualified by
OFPM or otherwise approved by OFPM to provide construction services. This is applicable
regardless of whether OFPM or OPC is responsible for the bidding. The pre-qualified list of
Vendors must be requested through OFPM by emailing contractor.prequalification@da.ks.gov.
Available on OFPM’s website is Form 840: Pre-Qualification Application, which is required of
all Vendors who wish be pre-qualified to respond to all construction bids.
2. Boiler and Cooling Tower Treatment Chemical Purchases
Pursuant to Informational Circular 16-02, OPC specifically allows Agencies to procure boiler
and cooling tower treatment chemicals via the prior authorization process detailed in Manual
Section 9 Procurement Methods and Appendix B (utilizing the DOP code). This should only be
done after the Agency has sought competition for these products and has concluded that there is
no reasonable competition for the agency’s service location. Agencies utilizing the PA process to
purchase boiler and cooling tower treatment chemical should still provide information to OPC on
why purchasing from the selected Vendor is in the best interest of the State.
3. Financial Services
A specific exception to the procurement process exists for financial services; K.S.A. 75-3799
provides for an alternative purchasing method when an Agency wishes to procure financial
services. In these scenarios, State Agencies must request that the Director of Purchases form a
Financial Services Negotiating Committee (FSNC) comprised of a representative from OPC, a
representative from the Agency requesting the services, and a representative from the Office of
Accounts & Reports.
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This FSNC is authorized to request and evaluate proposals from Bidders and select a Bidder to
begin contract negotiations outside of the standard procurement process for RFPs, detailed in
Manual Section 9 Procurement Methods.
4. Telecommunication Services
Similar to financial services, Agencies wishing to procure telecommunication services are
exempt from standard procurement procedures and are subject to K.S.A. 75-4713. This statute
calls for the creation of a telecommunication negotiating committee (TNC) comprised of a
representative of the governor’s office, a representative from OPC, and a representative from the
Executive Branch Information Technology (EBIT) office. Similar to FSNCs, TNCs may solicit
sealed bids for telecommunication services and select Bidders with whom to begin Contract
negotiations.
5. Information Technology (IT) Services
Agencies seeking information technology services, solutions, and systems are subject to a unique
series of steps prior to the normal RFP process. Any IT initiative meeting the definition of a
project must be evaluated by the KARS system. Additional information and training on this
system is available on the KITO website. Involving the KITO office early prevents delays and
surprises that could occur later, the KARS risk evaluation should be performed prior to the
specification drafting process.
The Agency is to submit a comprehensive vendor list, PNC letter, specifications, and pricing
sheet with the requisition. The specifications and pricing sheets should identify the priorities of
the purchase. These should allow for the agency to analyze each bid submission in a fair and
equitable manner.
APPENDIX B. PRIOR AUTHORIZATION
REQUIREMENTS BY CATEGORY
As discussed in Section 9, Prior Authorizations are specific exemptions to the competitive procurement
process allowed by statute and granted by the Director of Purchases. While introduced in Section 9, this
Appendix provides more details on each PA type.
1. CHE Conference or Hotel Event
Use: Use when organizing meetings or conferences in which an outside event site is needed, and
the cost exceeds delegated purchase authority
Statute: Governed by DOA-OPC Policy: Informational Circular #13-04
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Approval Authority: Department of Administration, Director of Purchases
Procurement Responsibility: Agency
Considerations:
● All amounts the Agency pays for directly should be included in the estimated cost, such
as meeting space, audio-visual (AV) equipment usage, food and lodging.
● Attendee-paid lodging costs do not need to be included in estimated costs.
● If the estimated cost is expected to exceed $5,000, the Event/Conference Quote Form
must be sent to multiple Vendors (3 or more is recommended), requesting quotes for the
event.
● If quotes from multiple Vendors cannot be obtained, the rationale needs to be included on
the Prior Authorization Form.
Requirements:
● Prior Authorization Request Form
● Event/Conference Quote Form
● Sexual Harassment Form
● Boycott of Israel Form (procurement value over $100K)
● SMART Requisition (with all above attached)
Award Type: Purchase Order (one-time purchases) or Contract (repetitive purchases)
Best Practice: Agencies are encouraged to obtain quotes which may include more than one
city to hold the meeting or conference.
2. COM Compatible with Existing Equipment
Use: Use when compatibility with existing contractual services, supplies, materials or equipment
is the overriding consideration
Statute: 75-3739(a)(5): when compatibility with existing contractual services, supplies,
materials or equipment is the overriding consideration
Approval Authority: Department of Administration, Director of Purchases
Procurement Responsibility: Agency
Considerations:
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● Written justification of market research must show how minor deviations in size and
operational characteristics from those set forth in any product or service specification will
be considered when such deviations do not alter nor deter the Agency from
accomplishing its intended usage or function.
● Lack of competition must be demonstrated through the impact of changing from the
desired or specified equipment or services. Details on the availability of the required
equipment or services within the marketplace must be included.
Requirements:
● Marketplace research including Vendors, comparable products or lack thereof,
specifications of required items, and pricing analysis.
● Sole source justification letter from selected Vendor
● Sexual Harassment Form
● Boycott of Israel Form (procurement value over $100K)
● Prior Authorization Request Form
● SMART Requisition (with all above attached)
Award Type: Purchase Order (one-time purchases) or Contract (repetitive purchases)
IMPORTANT: When evaluating the marketplace, each Agency must consider how
comparable products or services with minor deviations in size and operational characteristics
from those set forth in any product or service specification could still fulfill the requirements.
Justification must be included in both the sole source Vendor letter and the Prior Request
Authorization Form.
Best Practice: Consider establishing a long-term agreement for items or services that will
be purchased repetitively. This will save time by eliminating the need for repetitive PA requests
and reporting requirements.
3. DOP Director of Purchases
Use: Use when, in the judgment of the Director of Purchases and the head of the acquiring State
Agency, not seeking competitive bids is in the best interest of the State
Statute: K.S.A. 75-3739(a)(7): when, in the judgment of the Director of Purchases and the head
of the acquiring State Agency, not seeking competitive bids is in the best interest of the State.
Approval Authority: Department of Administration, Director of Purchases
Procurement Responsibility: Agency
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Considerations:
● Use of this PA type is not typically used for a Sole Source transaction, but for situations
when there may be competition but "…not seeking competitive bids is in the best interest
of the State of Kansas…"
● Past uses of this PA-type have required that the Director of Purchases prepare a
memorandum in support of the designation, explaining why not subjecting the transaction
to the competitive bid process is in the best interest of the State of Kansas. Detailed
supporting documentation must be submitted with the PA Request Form.
Requirements:
● Marketplace research including potential Vendors, comparable products or lack thereof,
specifications of required items, and pricing analysis.
● Sexual Harassment Form
● Boycott of Israel Form (procurement value over $100K)
● Prior Authorization Request Form
● SMART Requisition (with all above attached)
Award Type: Purchase Order (one-time purchases) or Contract (repetitive purchases)
Best Practice: Agencies should engage OPC procurement personnel to determine the
appropriateness and applicability of this PA category relative to their need.
4. EMR Emergency Procurement
Use: Use when an Agency emergency requires immediate delivery of supplies, materials or
equipment, or immediate performance of services
Statute: 75-3739(a)(3): when, in the judgment of the Director of Purchases, an Agency
emergency requires immediate delivery of supplies, materials or equipment, or immediate
performance of services
Approval Authority: Department of Administration, Director of Purchases
Considerations: For use only in instances of life, health or safety issues.
Award Type: Purchase Order (one-time purchases) or Contract (repetitive purchases)
Best Practice: In the event of an emergency this PA category should be utilized for the
short-term remediation of the issue and once the situation is stabilized a competitive bid event
should be conducted for the permanent repair or replacement.
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IMPORTANT: An emergency condition exists when there is a threat to Agency resources,
public health, welfare, or safety which may arise by reason of weather, epidemics, infrastructure
failures or other circumstances. The existence of such a condition must create an immediate and
serious need for supplies, goods and services, or services that cannot be met through normal
procurement methods.
5. GSR Grants Sub-Recipients
Use: Use when issuing a grant to a sub-recipient for encumbrance purposes. *If the Agency does
not wish to encumber the grant funds, the SMART Requisition to Purchase Order process is not
required.*
Statute: 75-3739(j): The Director of Purchases may delegate authority to any State Agency to
make purchases under certain prescribed conditions and procedures when the acquisition is
funded, in whole or in part, from a grant. Except as otherwise provided in subsection (k) of this
section, purchases made in compliance with such conditions and procedures shall be exempt
from other provisions of this section. As used in this subsection the term "grant" means a
disbursement made from federal or private funds, or a combination of these sources, to a State
Agency. Nothing in this subsection shall allow federal grant moneys to be handled differently
from any other moneys of the State unless the requirements of the applicable federal grant
specifically require such federal moneys to be handled differently.
Approval Authority: Department of Administration, Director of Purchases
Procurement Responsibility: Agency
Considerations:
• Use of this PA type is limited to instances where the Agency/State will not receive direct
benefit from the grant.
Requirements:
● Prior Authorization Request Form
● Funding line codes 52, 55, and 773
Award Type: N/A
Best Practice: Agencies should use the following account codes:
- 52**** series account code for contractual services where the Agency receives direct benefit
- 55**** series account code for grants to contractors (no direct benefit)
- 773*** series account code for intragovernmental transfers
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6. IGP Inter/Intra-Governmental Procurements
Use: Use when the Agency wishes to purchase goods/services from another governmental entity
Statute: 75-3739(h): The Director of Purchases may authorize State Agencies to contract for
services and materials with other State Agencies, or with federal agencies, political subdivisions
of Kansas, agencies of other states or subdivisions thereof, or private nonprofit educational
institutions, without competitive bids.
Approval Authority: Department of Administration, Director of Purchases
Procurement Responsibility: Agency
Considerations:
● Inter-governmental: between State of Kansas Agency and an outside governmental entity
● Intra-governmental: between State of Kansas Agencies
● Marketplace research should be conducted to determine the competitiveness of the
inter/intra-governmental pricing.
Requirements:
● Documentation is not required for the establishment of an IGP. In the event the
agreement requires amendment or modification, a revised PA form detailing the original
agreement and required changes must be submitted to OPC.
Award Type: N/A
Best Practice: When creating a requisition to another State Agency, use the correct SMART
Vendor number to eliminate unnecessary re-work.
7. LRE Lab or Research Equipment/ Supplies
Use: Use for chemicals and other material or equipment for use in laboratories or experimental
studies which are best purchased without competition, or where rates are fixed by law or
ordinance
Statute: 75-3739(a)(2): when, in the judgment of the Director of Purchases, chemicals and other
material or equipment for use in laboratories or experimental studies by State Agencies are best
purchased without competition, or where rates are fixed by law or ordinance;
Approval Authority: Department of Administration, Director of Purchases
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Procurement Responsibility: Agency
Considerations:
● Written justification of market research must show how minor deviations in size and
operational characteristics from those set forth in any product or service specification will
be considered when such deviations do not alter nor deter the Agency from
accomplishing its intended usage or function.
● Lack of competition must be demonstrated through the impact of changing from the
desired or specified equipment or services. Details on the availability of the required
equipment or services within the marketplace must be included.
Requirements:
● Marketplace research including Vendors, comparable products or lack thereof,
specifications of required items, and pricing analysis.
● Sole source justification letter from selected Vendor
● Sexual Harassment Form
● Boycott of Israel Form (procurement value over $100K)
● Prior Authorization Request Form
● SMART Requisition (with all above attached)
Award Type: Purchase Order (one-time purchases) or Contract (repetitive purchases)
Best Practice: Establishing a long-term price agreement for items that will be purchased
repetitively will reduce the need to submit multiple PA requests. Additionally, bidding equipment
and supplies together may result in more beneficial pricing.
8. OKP Only Known Provider
Use: Use when the Vendor is the only known provider and no competition exists
Statute: 75-3739(a)(1): (a) All contracts for construction and repairs, and all purchases of and
contracts for supplies, materials, equipment and contractual services to be acquired for State
Agencies shall be based on competitive bids, except that competitive bids need not be required in
the following instances: (1) For contractual services, supplies, materials, or equipment when, in
the judgment of the Director of Purchases, no competition exists;
Approval Authority: Department of Administration, Director of Purchases
Procurement Responsibility: Agency
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Considerations:
● Written justification of market research must show how minor deviations in size and
operational characteristics from those set forth in any product or service specification will
be considered when such deviations do not alter nor deter the Agency from
accomplishing its intended usage or function.
● Lack of competition must be demonstrated through the impact of changing from the
desired or specified equipment or services. Details on the availability of the required
equipment or services within the marketplace must be included.
Requirements:
● Marketplace research including Vendors, comparable products or lack thereof,
specifications of required items, and pricing analysis.
● Sole source justification letter from selected Vendor
● Sexual Harassment Form
● Boycott of Israel Form (procurement value over $100K)
● Prior Authorization Request Form
● SMART Requisition (with all above attached)
Award Type: Purchase Order (one-time purchases) or Contract (repetitive purchases)
IMPORTANT: Because of the statutory requirement for competitive procurement and the
reporting of any non-competitive transactions, it is imperative that the Agency provide complete
but concise documentation to support their PA Request for a non-competitive procurement.
9. PEP Purchased for Evaluation Purpose
Use: Use when the purchase is for evaluation purposes only.
Statute: Governed by DOA-OPC Policy: Informational Circular #11-03 and Prior Authorization
Training Document
Approval Authority: Department of Administration, Director of Purchases
Procurement Responsibility: Agency
Considerations:
● Written justification must include supporting documentation on the competitiveness of
the pricing, names of Vendors researched, marketplace availability, and comparable
products.
● Requests must be “quantity-friendly” and consider the entire long-term need for a good
or service.
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Requirements:
● Marketplace research including Vendors, comparable products or lack thereof,
specifications of required items, and pricing analysis.
● Sole source justification letter from selected Vendor
● Sexual Harassment Form
● Boycott of Israel Form (procurement value over $100K)
● Prior Authorization Request Form
● SMART Requisition (with all above attached)
Award Type: Purchase Order (one-time purchases) or Contract (repetitive purchases)
IMPORTANT: When using PA-type PEP to develop a Qualified Products List for future bids,
all interested contractors/ manufacturers / service providers must be considered to ensure fair and
balanced competition.
10. PSP Professional Services Purchase
Use: Use when the purchase is covered by the Professional Services Sunshine Act, K.S.A. 75-
37,130
Statute: 75-37,130 et seq:
Approval Authority: Department of Administration, Director of Purchases
Procurement Responsibility: Agency
Considerations:
● Deliverable-based specifications must be utilized.
● Statutes do not include competitive bid exceptions for "incumbent," "preferred," or
"familiar" Vendors
● Annual fiscal dollar limits per Vendor and statutory requirements to consider:
o Up to $5,000: Agencies may enter into their own contracts, no prior authorization
is required, and there are no reporting requirements.
o $5,000 to $25,000: Agencies may informally negotiate their own contracts after
seeking competition with written deliverable-based scope of work. The PA Form
must be utilized, and a SMART requisition must be submitted.
o Over $25,000: all needs valued over $25,000 will be handled through OPC
utilizing the RFP procurement process. Agencies must submit all required RFP
documents. See Manual Section 10 for additional information.
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Requirements:
● Marketplace research including Vendors, comparable products or lack thereof,
specifications of required items, and pricing analysis.
● For needs valued at more than $25,0000:
o PNC Request Letter
o Scope of Work/Specifications
o Pricing Sheet
o Technical Proposal Questions
o Bidder List
● Sole source justification letter from selected Vendor (if applicable)
● Sexual Harassment Form
● Boycott of Israel Form (procurement value over $100K)
● Prior Authorization Request Form
● SMART Requisition (with all above attached)
Award Type: Purchase Order (one-time purchases) or Contract (repetitive purchases)
IMPORTANT: PSP is limited to three (3) types of services that are called out in statutory
language:
● Consulting Services
● Certified Public Accountants
● Attorneys (licensed attorney providing a legal opinion)
This definition eliminates physical services including Medical Services, Temporary
Employment Services, Computer Programming Services, and Training Services.
11. SCW State Use Catalog Waiver Request
Use: Use when the Agency wishes to waive the requirement to use a State Use Vendor
Statute: K.S.A. 75-3322: (a) Whenever the qualified Vendors are unable to supply the products
or services needed or are unable to meet delivery requirements on any order or requisition, a
written waiver [request] shall immediately be forwarded to the Director of Purchases by the State
Agency procurement officer or purchasing officer of the unified school district. If approved by
the Director of Purchases, such waiver shall relieve and exempt the State or unified school
district purchasing authority from the mandatory provisions of K.S.A. 75-3317 to 75-3322,
inclusive, and amendments thereto, in the case of the specific order, request or requisition.
Approval Authority: Department of Administration, Director of Purchases
Procurement Responsibility: Agency
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Considerations:
● Marketplace research must include justification for why a qualified State use Vendor was
unable to supply the products needed and documentation of the efforts undertaken to
attempt to utilize the qualified State use Vendor.
Requirements:
● Marketplace research (see above considerations)
● Sexual Harassment Form
● Boycott of Israel Form (procurement value over $100K)
● Prior Authorization Request Form
● SMART Requisition (with all above attached)
Award Type: Purchase Order (one-time purchases) or Contract (repetitive purchases)
Best Practice: Use of the standard PA form is acceptable, but a more specific State Use
Program Waiver Form can be found at the following URL / Web Address: State Use Waiver
Request Form
IMPORTANT: Audits of SMART Reports, P-Card Transactions and feedback from State Use
Catalog Vendors will be used to determine if abuse of this PA category is occurring. Abuse
could result in loss of delegated purchase authority, restriction of P-Card utilization, and ordering
restrictions.
12. STX Statutorily Exempt
Use: Use when an alternative statute authorizes another procedure or provides an exemption
from seeking competition
Statute: 75-3739(a)(4): when any statute authorizes another procedure or provides an exemption
from the provisions of this section;
Approval Authority: Department of Administration, Director of Purchases
Procurement Responsibility: Agency
Considerations:
● To be eligible for this PA-type, exemptions must not be vague; statutory language must
have specific references to an exemption from procurement and/or statutes which govern
procurement.
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● Some budget provisos carry the weight of statute; when a statute or proviso directs the
Agency to pay a specific Vendor or entity, or to take specific contract action, these
instructions must be attached to the SMART requisition.
● Some "Enabling Statutes" (base laws that establish State Agencies) include language
allowing the Agency head to enter into contracts, but unless there is a specific statement
exempting transactions from procurement processes, the expectation is that the
procurement will be competitively bid subject to K.S.A. 75-3739
● Agencies are cautioned that a statutory exemption from OPC may not exempt the
procurement from a formal bid process or from conducting the procurement in a fair and
transparent manner. Please read the entire statute for specific instructions.
Requirements:
● Supporting statutory language
● Prior Authorization Request Form
● SMART Requisition (with all above attached)
Award Type: Purchase Order (one-time purchases) or Contract (repetitive purchases)
Best Practice: If the statutory language is lengthy, citing the exact section / sub-section of
the K.S.A. or attaching a copy of the specific language exempting the procurement from
competition could help expedite the review process.
13. USE Purchase of Used Equipment
Use: Use when a used item becomes available and is subject to immediate sale
Statute: 75-3739(a)(6): (6) when a used item becomes available and is subject to immediate
sale;
Approval Authority: Department of Administration, Director of Purchases
Procurement Responsibility: Agency
Considerations:
● Long-term needs, such as supplies and maintenance, must be considered.
● A comparison of pricing for new equipment must be conducted.
Requirements:
● Marketplace research including Vendors, comparable products or lack thereof,
specifications of required items, and pricing analysis.
● Sexual Harassment Form
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● Boycott of Israel Form (procurement value over $100K)
● Prior Authorization Request Form
● SMART Requisition (with all above attached)
Award Type: Purchase Order (one-time purchases) or Contract (repetitive purchases)
14. USR Utility Services
Use: Use for utility services
Statute: Governed by DOA-OPC Policy: Informational Circular #11-03 and Prior Authorization
Training Document
Approval Authority: Department of Administration, Director of Purchases
Procurement Responsibility: Agency
Considerations:
● Utility services requiring the PA Request Form and process are: electricity, municipal
water service, rural water districts, municipal sewer, sewage and run-off.
● Services not covered by this PA type include:
o Cable/satellite television and similar telecommunication services
o Cellular phone/ data devices and similar telecommunication services
o Trash, refuse, and recycling services
o Natural gas (for most locations through an established agreement)
o General postal and overnight shipping services
o Services related to maintaining typical building infrastructure utilities
● Prior Authorization Request Form
● SMART Requisition (with all above attached)
Requirements:
● Marketplace research including Vendors, comparable products or lack thereof,
specifications of required items, and pricing analysis.
● Sole source justification letter from selected Vendor
● Sexual Harassment Form
● Boycott of Israel Form (procurement value over $100K)
● Prior Authorization Request Form
● SMART Requisition (with all above attached)
Award Type: Purchase Order (one-time purchases) or Contract (repetitive purchases)
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Best Practice: If paying for utilities directly without an encumbrance, use the SMART
voucher process. When using the voucher process, the account code must match the services
needed.
IMPORTANT: If an Agency does not wish to encumber the funds for Utilities, the Requisition
to Purchase Order process is not required. For true USR transactions, Agencies do not need to fill
out a PA form.