Kansas Statutes 76-769. Acquisition of goods and services for certain state educational institutions; leases of real property; duties and functions of state board of regents and director of purchases; guidelines, exemptions and limitations
Terms Used In Kansas Statutes 76-769
- Ancillary technical services: include , but shall not be limited to, geology services and other soil or subsurface investigation and testing services, surveying, adjusting and balancing air conditioning, ventilating, heating and other mechanical building systems and testing and consultant services that are determined by the institution to be required for the project. See Kansas Statutes 76-7,126
- Architectural services: means those services described as the "practice of architecture" as defined in Kan. See Kansas Statutes 76-7,126
- Board of regents: means the state board of regents provided for in the constitution of this state and described in article 32 of chapter 74 of Kansas Statutes Annotated and amendments thereto. See Kansas Statutes 76-711
- Engineering services: means those services described as the "practice of engineering" as defined in Kan. See Kansas Statutes 76-7,126
- Institution: means any institution under the control and supervision of the state board of regents. See Kansas Statutes 76-739
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: includes personal and real property. See Kansas Statutes 77-201
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
- State: means the state of Kansas. See Kansas Statutes 76-779
- State board: means the state board of regents. See Kansas Statutes 76-7,126
- State educational institution: means the university of Kansas, Kansas state university of agriculture and applied science, Wichita state university, Emporia state university, Pittsburg state university, and Fort Hays state university. See Kansas Statutes 76-711
(a) As used in this section:
(1) “State educational institution” means any state educational institution as defined in Kan. Stat. Ann. § 76-711, and amendments thereto.
(2) “Professional services” means professional services as defined in Kan. Stat. Ann. § 75-37,131, and amendments thereto.
(3) “State board” means the state board of regents.
(4) (A) “Services” means any professional services or other contractual services.
(B) “Services” does not mean architectural services, engineering services, construction, construction management or ancillary technical services.
(5) “Municipality” means any political or taxing subdivision of the state and any agency or instrumentality of a political or taxing subdivision of the state.
(6) “Lease of real property” means:
(A) Any agreement to lease real property: (1) Between a state educational institution and one or more of its affiliated corporations; (2) between a state educational institution and a municipality; (3) between a state educational institution and any other party for vacant space that is less than 10,000 square feet; or (4) between a state educational institution and any other party for a term not to exceed 24 months.
(B) “Lease of real property” includes any agreement to lease real property from a state educational institution and any agreement to lease real property to a state educational institution.
(b) Any supplies, materials, equipment, goods, property, printing or services may be acquired by a state educational institution, and any lease of real property may be entered into by a state educational institution. Any such acquisition or lease shall be in accordance with policies adopted by the state board and shall not be subject to Kan. Stat. Ann. § 75-1005, 75-3737a through 75-3741b, 75-3742 through 75-3744 and 75-37,130 through 75-37,134, and amendments thereto, or any rules and regulations or policies adopted thereunder. Nothing in this subsection shall be construed as prohibiting a state educational institution from using contracts established or services offered by the director of purchases.
(c) The acquisition of any articles or products produced by inmates in the custody of the secretary of corrections that may be required by a state educational institution may be acquired in accordance with policies adopted by the state board. Any such acquisition shall not be subject to the provisions of the prison-made goods act of Kansas requiring any such acquisition to be made from the secretary of corrections as provided in Kan. Stat. Ann. §§ 75-5273 through 75-5282, and amendments thereto, or any rules and regulations or policies adopted thereunder.