Often a business arrangement between USF and a Supplier (commonly referred to as the “second party”) needs to be in writing. In these instances, it is necessary to execute a contract in Bull Marketplace. A Contract is any document intended to set forth an agreement or obligation of any kind between USF and a Supplier. This would include any permit or transfer of legal rights or assumption of obligations. Whether or not a contract is necessary depends on many factors, such as:
- Supplier requires signature on quote/scope of work/agreement.
- When Supplier’s documentation contains legal terms and conditions that must be reviewed.
- When Scope of service or commodity reaches a level of complexity that would benefit from review and signed agreement.
- When services may be subject to annual renewal.
- At the completion of a public sourcing event.
CONTRACT ADMINISTRATION WORKFLOW
|Department||Submits contract to Bull Marketplace Contract+ Module, Responsible for Contract Management (once executed), May request contract changes, Requests PO’s (if applicable)|
|Contract Request||A 7-digit code assigned to the initial Department submission of a contract for review. Procurement uses the contract request to ensure information is complete and accurate before approving the request and creating a Contract Record.|
|Contract Record||An alphanumeric code with the format YYYY-000000-AAA-BBB assigned to a contract. The Contract Record is used to reference the final agreement.|
|Internal Review||Procurement will initiate an Internal Review, which routes the contract to the Department accountable officer for review and approval. Reviews can be done in Bull Marketplace by choosing your Action Items.|
|Draft||Contracts in Draft are being actively reviewed by a Procurement Services Contract Facilitator for legal terms and sourcing information. At this time Procurement may reach out to the Department or Supplier to ask questions related to the contract.|
|External Review||When changes have been made to the Suppliers contract language, Procurement will initiate an External Review. This is an opportunity for Procurement and the Supplier to discuss and come to resolution regarding the legal terms of the contract.|
|Out for Signature||Once the language has been agreed to, Procurement will start the signature process and route the finalized contract to the Supplier through DocuSign.|
|Executed||A contract which has been signed both by a USF Delegee (Procurement Services, General Council or Director of Sponsored Research) and the Supplier’s Representative. Once executed, the contract becomes binding and is available for purchasing as of the effective date.|
PLAN: Before submitting a new contract for review, consider making use of an existing Contract, which bypasses the need to obtain quotes or register a new supplier. You can search for existing contracts using links on the Other Available Contracts page, through previously executed agreements in the CMS Contracts lookup or through existing contracts in Bull Marketplace
SELECT: Once your supplier is selected; the supplier most often will provide their contract for our consideration. This is often called “Supplier Paper.” Typical contract terms include scope of work, cost, dates of service, clear description of deliverables, payment terms and schedule and the requirement that contractor submit invoices in sufficient detail to allow for a proper pre-audit and post-audit. Refer to USF4.02010 for details.
EXECUTE: Contract documents and summary information must be sent to Procurement Services using the Contract Request Form in Bull Marketplace. Once the Request is approved, it is assigned a contract number and enters workflow where it will be reviewed by Procurement. USF’s supplemental terms and conditions (the SPS) will be added at this stage. Contracts may also be sent to General Counsel for review as needed. Once the contract has the necessary review and approvals the contract is processed for signature via DocuSign in the Bull Marketplace. The appropriate signatory for USF will sign, defined by USF Delegations of General Authority and Signatory Authority-Policy 0-100, then the contract will be routed to the supplier. The department stakeholders can use the notifications generated by the Bull Marketplace system to follow the status of any contract. See the Definitions section to see the various contract statuses.
PURCHASE: Once the contract is fully executed and in effect, Departments may create a requisition request in Bull Marketplace or make payments upon receipt of deliverables via P-card. Only after the contract is in effect should departments engage with the supplier for delivery of services or commodities.
MANAGE: Once a contract is executed, the Department will be responsible for monitoring the performance of the contract. The Department should ensure that the Supplier delivers all expected goods/services as specified in the contract and should maintain documented evidence of such.
AMENDMENTS: Contract amendments, renewals, and extensions (formal changes) are executed using the same approval routing process as a new contract within the Contract Module in Bull Marketplace. All contract formal changes shall be in writing and signed by both parties using the appropriate Signature Authority. The Department is responsible for initiating requests for contract changes as soon as practicable. All changes must be executed prior to the end of the contract.
RENEWALS: Renewals of executed contracts are only allowable on the renewal date if terms and conditions of the original contract allow for additional renewal terms. This provides USF the opportunity to re-visit available vendors to ensure the best value services & commodities are being considered.
EXPIRATION: Most contracts will specify a contract term within which services should be started and completed. The Department is responsible for ensuring the deliverables and fiscal obligations have been met prior to the contract end date. If deliverables have not been met by the end of the contract term, departments are encouraged to seek amendments prior to the expiration of the contract. If applicable, when final payment is made, a change order should be sent to close out the Purchase Order in Bull Marketplace. For cancellation of a contract prior to the end of the contract term, departments should refer to the contract's cancellation terms.
Contract Managers and Contract Facilitators in Procurement Services will determine contract type based on information submitted from suppliers and the Department.
Master Service Agreement (MA)
Sometimes called a “Parent” agreement is a contract reached between parties, in which the parties agree to the terms that will govern future transactions that typically take place in the form of a work order or order forms. Order forms will have dollar values and should reference the MSA.
Continuing Service Agreement (CA)
Used for common services (I.e., landscaping, janitorial, etc.) resulting from an ITN/ITB/Public Solicitation where pricing has been negotiated based on the service type or labor hours. These agreements can be used by any Department across the university.
Supplier Paper Agreement (SPA)
A general name given to contracts where the main document of the agreement is provided to USF from the supplier.
Independent Contractor Agreement (ICA)
This is a USF agreement template used with Independent Contractors or other suppliers who otherwise have provided only a quote or scope of work.
Independent Contractors are outside companies or individuals that provide services to the university. Depending on the complexity of the scope of work, terms and conditions of service and dollar value, departments may be asked to submit a contract request.
Lease Paper Agreement (LPA)
All leases for off campus space must be reviewed and approved by Procurement Services. The Office of the General Counsel must review and approve as to "form and legality" all leases for off campus space. For more information see the A-Z index page for Lease Agreements.
Contracts executed by USF General Counsel that are in effect may bypass the Bull Marketplace Contract+ Module. These contracts may be directly submitted as a part of a requisition request for a Purchase Order to be issued.
Contracts executed by USF Director of Sponsored Research that are in effect may bypass the Bull Marketplace Contract+ Module. These contracts may be directly submitted as a part of a requisition request for a Purchase Order to be issued.