The University’s Purchasing Department is responsible for overseeing all University procurements. Procurement actions include purchases of goods and services via p-cards and “Contracts” as defined in 2 CFR 200.22 (e.g., Purchase Orders, Contracts for Services). Procurement actions do not include “Subawards” as defined in 2 CFR 200.92. For more information, see 2 CFR 200.330.
Contract for Services Template & Guide
Steps for Contracts for Services Negotiated by OSP
Each procurement action has its unique challenges and opportunities, so the process described below will be adapted as necessary to achieve the best possible outcome.
- Campus completes the Sponsored Project Contract for Services (using the Sponsored Project Contract for Services Guide);*
- All Contracts for Services funded by a sponsored project (regardless of fund source) must be submitted to Purchasing via a Standard Purchasing Requisition. The requisition “Item Type” must be “billed by amount.”
- In most cases, the Purchasing Department will negotiate and sign the agreement. However, OSP will manage this process when the action is for a:
- Sole source;
- Contract for Services;
- Funded by a sponsored project;
- Above $10,000; and
- That requires negotiation.
- If all of the above are true, Purchasing posts the transaction on its Sole Source Legal Notice web page for the requisite amount of time in accordance with applicable law and policy (e.g., University Policy # 6130, Idaho Code 67-9221(2) and IDAPA 38.05.01). If these tasks are still outstanding, campus initiators should use this waiting period to: (i) complete applicable Software Review Requests (SRR); (ii) complete applicable Independent Contractor Classification Checklists; and (iii) ensure the desired Contractor has submitted its W-9 and the Contractor has been set up in OFC. OSP Contracting does not have the bandwidth to perform these tasks for campus, and failing to timely complete these activities will cause contracting delays.
- Once the posting is complete and hasn’t been appealed, Purchasing reassigns the requisition to OSP Contracting. Absent exceptional circumstances, OSP Contracting works on agreements on a FIRST-COME, FIRST-SERVE BASIS.
- The assigned OSP Contracting Officer (CO) reviews the draft agreement. If the CO is comfortable with the information provided, the CO incorporates any necessary supplemental or flow-down terms and conditions from the University’s prime award and sends the agreement to the Contractor/Vendor for review (with a cc to the requisition initiator).
- If the Contractor/Vendor proposes terms or conditions the CO determines to be contrary to applicable law/policy, represent a potentially unacceptable risk to the University or could negatively affect the PI or her/his program, the CO coordinates with the requisition initiator and other University offices, colleges, departments and centers for input and approvals where appropriate. This coordination may involve telephone calls, email correspondence and/or meetings to resolve concerns. The length of time to complete this step varies due to differing priorities and work schedules, as well as the complexity of issues.
- If necessary, the CO sends the Contractor/Vendor revisions to the agreement (with a cc to the requisition initiator). The CO then coordinates with the Contractor/Vendor to negotiate the final terms and conditions. If necessary, the CO requests that the Office of General Counsel coordinate with the Contractor’s/Vendor’s legal counsel to work through any legal issues that may arise.
- After finalizing the terms and conditions, OSP seeks email approval from the requisition initiator to enter into the agreement. (Note: It is the requisition initiator’s responsibility to obtain and keep all insurance certificates required by the agreement.)
- OSP coordinates with the Contractor/Vendor to obtain a fully executed (signed) copy of the agreement. Depending on the Contractor’s/Vendor’s availability, it could take several weeks or longer to receive a fully signed agreement.
- OSP emails the requisition initiator a fully signed version of the agreement and maintains a copy in its records. (Note: The upper, right-hand side of the agreement will contain the agreement number, which will use the following naming convention: OSP Proposal Number, a hyphen and the applicable University Purchase Order number (e.g., “7797-PO118647”).
* OSP recognizes that some Contractors/Vendors will demand to use their agreement template. If so, submit their unsigned agreement to Purchasing via the Standard Purchasing Requisition.