Contract Approval Process
The Office of the General Counsel works as a trusted partner in the contracting process to help identify and solve issues you may not have considered when it comes to contracts. As a state university and a federal contractor, KU is subject to federal and state statutory, regulatory, and KBOR policy provisions that may prohibit, prescribe, or restrict the terms of contracts KU can sign.
In addition to compliance matters, the General Counsel’s office reviews contracts for provisions that create Institutional risk. For example, contracts may include provisions that increase costs or require actions the University cannot legally or even practically perform. The General Counsel’s office looks for those types of provisions and works with clients to eliminate or change those provisions or determine ways we can comply with them.
Finally, the General Counsel’s office will work to make sure the contract document is consistent with client understanding of the contract terms. It therefore is important to communicate to the General Counsel’s office relevant information about the agreement you need reviewed, such as the source of funding for the agreement, and to respond promptly to questions about client expectations.
Reviewed in Order Received
Generally, contracts are reviewed in the order received as the General Counsel's Office handles a considerable volume of contract activity. University departments are responsible for negotiating the business terms of their contracts. The General Counsel's office is available to assist in such negotiations if needed.
Recommendations Returned to Requesting Department
After review, recommendations regarding the contract will be returned to the requesting Department, along with revised or edited contract documents. General Counsel's approval of the final language in a contract is always required. In some cases, re-submission for final review/approval may be required.
If Department Desires to Draft a New Contract
In cases where a department desires to draft a new contract, the individual proposing the new contract (e.g., dean, chair, director) should provide the General Counsel's Office with as much information about the proposed transaction as possible, including the desired form of the agreement, complete information regarding the contractor, effective dates, payment amounts, sources of funding, description of services (who, what, where and how the services will be provided), details regarding payment/costs, and whether competitive bids or non-competitive approval was obtained through KU Purchasing Services. An attorney in our office can meet with you to work through these questions as part of the drafting process.