IT Procurement - Terms and Conditions Review

How does your entity approach the review and approval of Terms and Conditions for IT related purchases? Do you allow the proposed vendor submit its version of Terms and Conditions, and review it for approval? Do you maintain a Terms and Conditions template that is specific to IT related purchases? Is a vendor limited to only proposing changes to this template document, if it seeks alternative Terms and Conditions (not using the vendor's document), or is a vendor allowed to supplement its template document? If so, how is this organized? Are you experiencing Terms negotiation resistance from larger IT vendors? If so, how are you approaching this? How do you approach the drafting of the (1) Scope of Work and (2) procedural Terms and Conditions documents? Are they consolidated into one document, or is each reviewed separately? Thank you!

Terry McKee

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  1. Bonnie Woodward

    Jun. 7, 2018

    Yes, this is a current burden. The larger companies can resist to the point of stalemate/acceptance. We ask vendors to submit any exceptions to our Standard T&C, with submission. We now present the entire document, at the end of an RFP process, for SOW finalization. It seems to be implied to vendors that presentation of the document = negotiation of the entire document. Even if they did not submit exceptions with the submission. We are refining the process with Legal, through which the SOW is finalized at the end of the RFP process. Would welcome any recommended practice - suggest to NIGP?


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