75-3741. Buildings, major repairs or improvements; competitive bids on all or separate portions of projects, procedures, determinations; subcontractors; prime contractors; award of contracts; standard contracts; rules and regulations; project supervision; change orders; collusive or combined bids. (a) Subject to the applicable provisions of K.S.A. 75-3739 and 75-3740, and amendments thereto, all contracts for the construction of buildings or for major repairs or improvements to buildings which are specifically authorized by the legislature for the use and benefit of any state agency shall be let by the director of purchases to the lowest responsible bidder based on plans and specifications prepared for the project and approved by the secretary of administration and administrative head of the state agency concerned.
(b) (1) Prior to the preparation of contract documents for a project for the construction of a building or for major repairs or improvements to a building under this section, it shall be determined in accordance with this paragraph (1) of subsection (b) if plans and specifications will be prepared and bids let for the project as a whole or if plans and specifications will be prepared and bids let independently for: (A) Electrical work portions of the project; (B) mechanical work portions of the project; and (C) all other work required for completion of the project. If the total cost of the project is expected to exceed $250,000, the secretary of administration, with the advice of the project architect and the negotiating committee convened for the project under K.S.A. 75-1253, and amendments thereto, shall determine if plans and specifications will be prepared and bids let for the project as a whole or for each of the three specified portions of the project independently. If the total cost of the project is not expected to exceed $250,000 but a project architect will provide the architectural services for the project, the secretary of administration, with the advice of the project architect, shall determine if plans and specifications will be prepared and bids let for the project as a whole or for each of the three specified portions of the project independently. Whenever the architectural services for any project are provided by the state under K.S.A. 75-1254, and amendments thereto, the secretary of administration shall determine if plans and specifications will be prepared and bids let for the project as a whole or for each of the three specified portions of the project independently.
(2) Upon any project for which plans and specifications will be prepared and bids let for the project as a whole the general contractor shall submit with the bid the names and addresses of subcontractors in accordance with this paragraph (2) of subsection (b). The general contractor shall submit the name and address of the electrical subcontractor for the electrical work portions of the project and the name and address of the mechanical subcontractor for the mechanical work portions of the project, if the general contractor will be subcontracting for such work. If there are project alternates listed in the bid documents and the general contractor's choice of subcontractors is dependent upon the combination of project alternates the state chooses, the general contractor shall submit for each combination of project alternates under which any subcontractor would change from the one named in the base bid, at the time such contractor submits such bid: (A) The name and address of the electrical subcontractor, if the general contractor will be subcontracting for the electrical work portions thereunder; and (B) the name and address of the mechanical subcontractor, if the general contractor will be subcontracting for the mechanical work portions thereunder. All changes and substitutions in listed subcontractors shall be subject to approval of the secretary of administration.
(3) Upon any project for which plans and specifications will be prepared and bids let independently for each of the three specified portions of the work for the project, the contractor for one of the three specified portions of the project shall be designated as the prime contractor for the project in accordance with this paragraph (3) of subsection (b). If the total cost of the project is expected to exceed $250,000, the secretary of administration, with the advice of the project architect and the negotiating committee convened for the project under K.S.A. 75-1253, and amendments thereto, shall designate the prime contractor for the project. If the total cost of the project is not expected to exceed $250,000 but a project architect will provide the architectural services for the project, the secretary of administration, with the advice of the project architect, will designate the prime contractor for the project. Whenever the architectural services for any project are provided by the state under K.S.A. 75-1254, and amendments thereto, the secretary of administration shall designate the prime contractor for the project. The prime contractor shall be responsible for coordinating all work upon the project, and all other contractors and subcontractors shall provide work for the project in accordance with the direction of the prime contractor. In each case where a contractor or subcontractor for the project delays the work on the project or incorporates materials or work of unsatisfactory quality into the project, the prime contractor shall notify the secretary of administration, the project architect, the state agency concerned and such contractor or subcontractor of such delay or unsatisfactory materials or work.
(4) The secretary of administration shall adopt, with the advice of the state building advisory commission, a standard contract for use in connection with projects upon which bids are let for the project as a whole and a separate standard contract for each of the portions of a project for which bids are let independently. No such standard contract adopted by the secretary of administration shall contain any provisions authorizing arbitration of any matters thereunder.
(5) The secretary of administration may adopt rules and regulations necessary for the implementation and administration of the provisions of this subsection (b).
(c) The project architect performing construction administration services as described in K.S.A. 75-1260, and amendments thereto, or, if there is no project architect, the secretary of administration or the agency architect for the project as provided in K.S.A. 75-1254, shall have charge of the construction of all buildings and the major repairs or improvements to buildings for state agencies. The original construction contracts for such projects shall be changed only by written change order signed by the director of architectural services with the approval of the secretary of administration and upon the recommendation of: (1) The project architect or, if there is no project architect, at the direction of the secretary of administration or the agency architect for the project as provided in K.S.A. 75-1254, and amendments thereto; (2) the state agency for which the building construction project has been approved; and (3) the director of accounts and reports. In each case where a change order is competitively bid, the change order shall also be signed by the director of purchases.
(d) If the director of purchases believes there is collusion and combination involved in any bids received for any contract for the construction of a building or for major repairs or improvements to a building for the use and benefit of a state agency, the director of purchases shall reject any and all such bids and shall solicit new bids for the contract. If after receiving new bids the director of purchases believes there is again collusion and combination and that such collusion and combination would not be avoided by again soliciting new bids, the director of purchases shall let the contract by direct negotiation, except that: (1) The cost thereof shall not exceed the lowest responsible bid that had been offered; and (2) such contract shall not be negotiated or entered into with any bidder believed by the director of purchases to have been involved to any degree in such collusion and combination.
(e) In the event of a disagreement between the project architect, the secretary of administration or the agency architect for the project as provided in K.S.A. 75-1254, and amendments thereto, and the administrative head of the state agency for which the project is to be completed, as to the administration of the provisions of this section, the secretary of administration shall submit the matter to the governor and the decision of the governor shall be final.
(f) The provisions of this section shall not be construed to prohibit the administrative head of any state agency from making any improvement or improvements when the same can be made by institutional labor or the use of material manufactured in any state institution.
History: L. 1953, ch. 375, § 41; L. 1978, ch. 337, § 13; L. 1979, ch. 280, § 3; L. 1981, ch. 343, § 4; L. 1983, ch. 291, § 1; July 1.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
Article 37 - Department Of Administration
75-3702c Employees; appointment by secretary; classified civil service; exception.
75-3702e Same; transfer of employees; rights preserved.
75-3702f Same; transfer of property and records.
75-3702g Same; governor to resolve conflicts.
75-3702i Severability of 1972 department of administration act.
75-3702j Organization of department; delegation of powers and duties.
75-3702l Transfer of real property of Kansas, Inc.
75-3702m Transfer of records of Kansas, Inc.
75-3702n Transfer of funds of Kansas, Inc.
75-3702o Resolution of conflicts in transfers from Kansas, Inc.
75-3703 Secretary to have custody of records; seal; copies of records.
75-3705a Attorneys for department; appointment; unclassified; chief attorney.
75-3706 Rules and regulations; procedure for adoption and approval.
75-3707 Functions of department in general.
75-3708 Membership of state finance council; chairperson; secretary.
75-3713 Same; authorization of expenditures; purposes.
75-3714 Same; minutes; public inspection.
75-3714a Director of the budget; creation and administration of the division of the budget.
75-3715 Powers and duties of the director of the budget.
75-3715a Fiscal notes for certain legislative bills.
75-3716 Budget preparation; forms; information.
75-3717 Budget estimates of state agencies; biennial basis for certain agencies.
75-3720 Governor's budget report; printing; availability to public.
75-3722 Application of allotment system; notice; appeal to finance council.
75-3723 Same; annual, semiannual, quarterly or monthly statements of funds available.
75-3724 Same; allotment estimates.
75-3725 Allotment plans and information to be available to director of accounts and reports.
75-3725a Certificates of indebtedness; procedure and conditions for issuance; redemption.
75-3726a Transfer of items of appropriation.
75-3726b Transfer of certain items of appropriation; attorney general.
75-3728 Accounting system; records and forms.
75-3728a Write-off of accounts receivable and taxes receivable by state agencies; definitions.
75-3728c Write-off of accounts and taxes receivable by state agencies; rules and regulations.
75-3728d Same; act governs write-offs after July 1, 1974; exception.
75-3728e Canteens, work therapy projects and benefit funds at state institutions; definitions.
75-3728g Same; budget of institution; profits, disposition.
75-3728j Receivables accounting system; records and forms.
75-3729 Property of state; inventory records; periodic verification.
75-3730 Obligations; how incurred and paid.
75-3731a Official hospitality; limitations on expenditures by executive branch agencies.
75-3732 Payment of claims, procedure.
75-3734 Federal funds received by state agencies.
75-3735 Fiscal reporting and statistics.
75-3736 Reports by state and county agencies.
75-3737a Director of purchases; creation and administration of the division of purchases.
75-3737b Same; transfer of powers, duties and functions; preservation of orders and directives.
75-3738 Powers and duties of the director of purchases.
75-3739a Reverse auctioning electronic procurement process.
75-3740a State and local government contracts; bidders domiciled in other states.
75-3740b Purchase of recycled paper; requirements; price preference.
75-3740c Procurement practices, recycled products.
75-3740e Boycott of Israel; state contracts; definitions.
75-3740f Same; certifications; waivers.
75-3740g Same; statement of purpose.
75-3741a Same; change orders, negotiation or bidding.
75-3741b Same; negotiation for projects of $10,000 or less; reports.
75-3742 Same; assistance in preparing written program statements.
75-3743 Attorney general to approve certain contracts; requisition forms.
75-3744 Execution and approval of contracts.
75-3744a Requirements for purchase of motor-vehicle fuels by state agencies.
75-3745d Same; transfer of powers, duties and functions; preservation of orders and directives.
75-3745e Same; rights saved in legal actions and proceedings.
75-3745h Same; accrued compensation or salaries; liability.
75-3746 Director of personnel services; powers and duties.
75-3749 State department of civil service; transfer of powers and duties of.
75-3762 Custody and care of certain state-owned buildings and grounds.
75-3764 Cleaning, repair, alteration and beautification of buildings.
75-3766 State office building space rental.
75-3768 Disposition of parking rental charges.
75-3773 Utility services for state buildings under management of secretary of administration.
75-3777 Same; transfer of officers and employees; rights preserved.
75-3778 Same; governor to resolve conflicts; transfer of property and records.
75-3779 Same; preservation of civil rights of action and proceedings; criminal actions preserved.
75-3781 Same; compensation and expenses.
75-3782 Same; meetings; quorum.
75-3784 Same; ancillary technical services; contracts; exemption from certain statutes.
75-3785 Construction defects recovery fund; authorized expenditures, approval.
75-3789 Penalties for violations of act.
75-3790 Sale of certain lands, salt deposits and interests therein.
75-3791 Same; duties of executive director; appraisal; bids.
75-3792 Same; abstract of title; deed.
75-3793 Same; deeds and contracts, duties of director, secretary of state and attorney general.
75-3794 Same; payment of expenses of sale.
75-3799 Financial services for state agencies; procedures for acquisition; negotiating committee.
75-37,101 Certificate of participation financing; purpose; authorization and approval.
75-37,103 Debarment of state contractors.
75-37,104 Prequalification of state contractors.
75-37,112 Financing agreements, contents; payments; prior consultation and approval of projects.
75-37,114 Approval of improvements under act; limitation.
75-37,117 Purpose and administration of program.
75-37,119 Loan agreements; terms; forms; considerations; collection procedures.
75-37,124 Topeka state hospital cemetery memorial; establishment; gifts; fund.
75-37,125 Energy conservation measure, financing; prior approval of plans and projects; definitions.
75-37,128 Energy audits for state-owned real property and leased real property; exception.
75-37,129 Energy conservation measures; promotion of program by state corporation commission.
75-37,130 Professional services sunshine act; citation.
75-37,132 Same; contract negotiation requirements; exceptions.
75-37,133 Same; expenditure of grant funds.
75-37,134 Same; use of federal funds.
75-37,141 Alternative project delivery building construction procurement act; citation.
75-37,144 Same; construction management at-risk project delivery procedures.
75-37,145 Same; building design-build project delivery procedures.
75-37,146 Same; recordation and publication of bidder information.
75-37,147 Same; act not applicable to certain projects.
75-37,151 Transfer of real estate to the state; requirements.
75-37,153 Audits of state agencies.
75-37,154 Department of administration contract audit committee; membership.
75-37,155 Audits; procurement of firm or firms to perform audit work.
75-37,156 Same; selection of firm or firms; considerations.
75-37,157 Same; contracts for audit work; requirements; responsibilities of selected firm.
75-37,158 Same; performance of firm; written audit reports; duty of confidentiality.
75-37,161 Monumental building surcharge; exemption; division of post audit.