Planning Phase : Contract Guidance and Sample Contracts
If a project team chooses to utilize a vendor's products or services as part of accomplishing the project's goals, a contract will need to be executed between the University and the vendor. Various University offices should be consulted as part of the process of developing the contract before it is signed.
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* Includes the ISC representative with whom the client will work and who is responsible for driving the contract to the point of approval.
Several University offices can be helpful with the process of creating a contract and getting it approved, including Purchasing and the Office of General Counsel. Here are some steps to follow during the contract process:
1. Determine whether you ae going to start from a contract template the vendor provides, or from a contract Penn provides. If you plan to provide the contract, you can obtain a template from Purchasing, the Office of General Counsel, or from a contract previously used in your organization.
2. Determine who will need to approve and eventually sign the contract. Will it be the Dean or Vice President of your organization? Also, check with Purchasing to see if they need to be consulted. For IT projects, the contact person in Purchasing is Brent Friedman.
3. Determine whether the vendor you want to use is an approved Penn vendor. If not, you can initiate the process of getting them approved. Check this site for instructions: http://www.purchasing.upenn.edu/forms/benbuys-supplier-form_new.php
4. Obtain the template, either from Penn or from the vendor, and revise it to fit your project.
5. Work with the vendor on a Statement of Work (SOW), which is a statement of the scope of the work you expect the vendor to perform. You should provide active input on this document, which is appended to the body of the contract, but ultimately it should be the vendor's responsibility to provide the SOW.
6. Provide the revised contract and the SOW you have agreed upon with the vendor to the people who need to approve it (see step 2). If they want any changes, check these with the vendor to ensure they approve these changes as well.
7. Once the contract and the SOW have been approved, you can generate clean copies for signature by the vendor and whoever from your organization will sign. The make sure these are signed. You will need multiple copies, at least one for your home organization and one for Purchasing. Check with other approving organizations to see if they need copies as well.
For any questions about the process, feel free to work with Purchasing, since they have a great deal of experience with this process.