Kansas

Key Agency(ies): Kansas’ statewide procurements are overseen by the Office of Procurement and Contracts, within the Kansas Department of Administration.

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The Office of Procurement and Contracts is headed by a Director of Procurements and Contracts, who oversees procurements for all state agencies. State agencies may also engage in their own contracting activities under prescribed conditions. 

Key Statute: Kansas’ procurement laws are primarily codified in the Kansas Statutes Annotated (Kan. Stat. Ann.) Chapter 75, Article 37.

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Key Regulations: Kansas does not rely on extensive procurement regulations through the Kansas Administrative Regulations (Kan. Admin. Regs.). The Office of Procurement and Contract has published a “Procurement Policies and Procedures Manual,” although it is not a codified regulation.

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Most procurement procedures have been established by statute and by internal Office of Procurement and Contract rules.

However, Kansas has implemented regulations related to suspension and debarment of contractors at Kan. Admin. Regs. § 36-31-2.

Procurement Types/Highlights: The most common methods of procurement in Kansas are:

Competitive Bidding: Most contracts in Kansas are procured through formal sealed bids, with award to the lowest price responsible bidder. Bids must be solicited publicly in the Kansas Register and must be opened at a public bid time. Under Kan. Stat. Ann. § 75-3739(a), contracts for materials, equipment, and contractual services generally require competitive bidding.

Request for Proposals: Kan. Stat. Ann. § 75-37,102(a) provides for negotiated procurements utilizing procurement negotiating committees. Negotiating committees are comprised of three members, and are responsible for evaluating and refining proposals to determine which provides the greatest value to the state. Committees have the discretion to award contracts to higher-priced offerors if they determine they provide better value or technical performance, or if it is necessary for state policy goals.

Delegated/Small Purchase Authority: Kan. Stat. Ann. § 75-3739 provides that the Director of Procurements and Contracts may delegate authority to any state agency to directly make purchases for procurements under $25,000 dollars. For delegated purchases, competition rules are streamlined.

Bid Protests: The Office of Procurements and Contracts administers Kansas’ bid protest procedures, although those procedures are not established by statute.

Timeliness Rules:

• The Procurement Policies and Procedures Manual provides that disappointed bidders must submit their protests to the Director of Procurements and Contracts within 30 days of the event giving rise to the protest.

Protest Process:

• If a protest is filed prior to the contract award, the Office will generally stay the award until the protest is resolved, unless the Director finds an immediate award is necessary to protect state interests.
• The Director is responsible for investigating and issuing a written decision on the protest as promptly as possible.

Appeals:

• The Director’s decision is final and there is no further administrative appeal process available for protesters.

Claims: 

• Kansas treats most breach of contract claims against a state agency as challenges to “agency action” that must proceed under the Kansas Judicial Review Act (KJRA).
• The KJRA provides that all agency actions are subject to judicial review.
• Contractors may generally file contract claims or contract appeals involving the decision of an agency in the Kansas state district court.

Suspension & Debarment:

• Stat. Ann. § 75-37,103 provides for a formal suspension and debarment process for state contractors, which is supplemented by formal rules codified at Kan. Admin. Regs. § 36-31-2.
• The Secretary of Administration may suspend a contractor upon a finding of probable cause for debarment for up to three months. Contractors may be debarred for up to three years.
• Causes for debarment include: criminal convictions related to contracts, convictions for embezzlement or other crimes of fraud, failure to perform a contract without cause, or other conduct showing a lack of business integrity.
• Prior to debarment the Secretary must conduct a hearing and provide notice to the contractor for an opportunity to present evidence in their defense. The Secretary or their designee must issue a written decision following the hearing. There are no subsequent administrative appeals following the hearing.

Interesting/Distinctions:

• Kansas offers bid preferences to companies that certify they employ individuals with disabilities. If such a business is within 10% of the lowest bid by another responsible bidder, it may be awarded the contract.
• Kansas law mandates that the state purchase increasing percentages of recycled-content paper each fiscal year. Further, Kan. Stat. Ann. § 75-3740b confers a price preference for recycled paper. In the case of tie bids, the bid with the highest recycled content wins.