Contract Basics For Utah State Agencies Prepared by:

Contract Basics Contract Cover Page Terms and Conditions Scope of Work Amendments

Contract Cover Page

The State uses a uniform contract cover page available at: purchasingforms.html If your agency chooses to use their own (not recommended) make sure to include the information on the following page

Agency Name Agency Code Division Name Vendor Name Vendor Address Status of Contractor Vendor Contact Info Vendor # Commodity Code Purpose of the Contract Procurement Info Contract Period Info Effective Date End Date Renewal Options Vendor Signature Agency Signature State Purchasing, Finance &, if necessary, DTS signature Contract Costs Attachments

Terms and Conditions

Services Goods

IT

The terms and conditions (T&Cs) that you attach to your contract depend on whether your procurement item is a good or a service or has IT characteristics. State Purchasing will instruct you on which to use. The T&Cs are located online:

If additional terms and conditions were given during the solicitation process, those T&Cs will be included as attachments after the Standard Terms and Conditions. The State T&Cs will be Attachment A, your agency terms will likely be attachment B. If you don’t have additional T&Cs, your scope of work will be Attachment B. The contract cover page must reference any additional terms as attachments to the contract.

Scope of Work

The scope of work is: What the contractor agrees to do What the agency agrees to do Detailed instructions to the contractor Detailed requirements of the goods or services being requested in the contract

The scope of work should: Match exactly what was included in the solicitation List cost details: Price Lists, Hourly Rates, Cost by Task Identify how and when the contractor will be compensated List the services and or goods that will be included in the contract State Purchasing provides a contract checklist at:

SOW: Solicitation vs. Contract Match exactly what was included in the solicitation List milestones/benchmarks: timeline, deliverables, reports etc. RFPs: Proposal details taken into account Work with Purchasing for guidance

Common Mistakes Made on Agency Contracts Please check that your contracts are prepared correctly before they are signed by the parties, and sent to State Purchasing.  Signatures Missing: Do your all copies all have all signatures?  Vendor & Commodity Codes from FINET: Do you have them?  Contract Totals: Dollar thresholds should match the amount bid in the solicitation.

 Math Errors: Use a calculator  Scope of Work: Even if you’re just purchasing goods, there should at least be a price list  Cost Detail: There should be enough detail that Accounts Payable Personnel can tell that the amounts charged look reasonable.  Attachments not Listed: If it’s in the contract in needs to be listed on the cover page

 Effective Date: Effective dates should be a reasonable date in the future.  Handwritten/Visible Changes: Don’t allow handwritten changes to a contract unless properly initialed by both parties  White-Out: White-out should not be used on contracts. Changes to contracts must be visible changes and initialed by both parties.

 Sole Source: Is the approved sole source request attached?  Standard Terms and Conditions: State T&Cs are non- negotiable  Vendor Terms and Conditions: Generally vendor’s T&Cs are discouraged. If you have them make sure they’ve been approved by your AG For a more complete list of common mistakes go to:

Amendments

The Common Changes Renewal Options Contract Amount Updated SOW

Solicitation SOW and amendments Scope of the solicitation Time Contract spend Services provided Unspecified extension