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| SUBJECT: |
FINANCIAL AFFAIRS |
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EFFECTIVE: November 14, 2001 |
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| Procedure: 803.1.1 Prime Vendor Contract Management |
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This procedure establishes guidelines for prime vendor contract management. This procedure applies when two or more institutions collectively enter into a single contract. The personnel involved in contract management include a Purchasing Coordinator, a designated campus Contract Manager, end-user(s), and the Contractor. In some cases the Purchasing Coordinator may be the Contract Manager.
- Responsibilities and Files
| Campus Contract Manager Responsibilities | Purchasing Coordinator Responsibilities | Participate in the Prime Vendor Process or become familiar with activities prior to contract award.
Become familiar with contract performance requirements.
Become familiar with Contractor, its organization, personnel, and commitments.
Set up Contract Management Plan (refer to suggested guidelines)
Maintain working contract file throughout contract term and record retention period. | Complete the Prime Vendor process and contract award.
Work with Contract Manager.Be involved with contract changes, contract termination, conflict of interest.
May be involved with Contract Management Plan items such as contractor review meetings, audits, contractor performance.
Maintain central contract file. | | Working Contract File (suggested content) | Central Contract File (suggested content) | The Request for Information (RFI), Request for Proposal (RFP).
The Contract Award document and supplemental agreements.
Copy of Contract Management Plan.
All change orders to the contract.
Letters citing non-compliance, results.Information as required from Contact Management Plan.
Items this file may also contain available historical data from previous contract, the contractor's RFI and RFP response. | The Request for Information (RFI), Request for Proposal (RFP).
RFI and RFP responses from Contractors.
The Contract Award document and supplemental agreements.
Other documents such as from Legal Counsel and SBHE Office.
Copy of Contract Management Plan.
All change orders to the contract.Letters citing non-compliance, results. |
- Contract Review and Amendments
- SBHE Policy 840 governs contract review. As a general rule, all contracts and contract amendments must be reviewed by legal counsel or other qualified person delegated such responsibility.
- All contract changes must be in writing and approved by both parties. SBHE Policy 840 applies. If the change benefits the contractor, the institution should receive appropriate consideration in the form of increased rent, improved facilities, or improved service.
- Contract Termination
The NDUS purchasing coordinator shall refer all potential contract termination actions, whether for NDUS convenience or for nonperformance or default, to legal counsel for review and guidance on how to proceed. Consideration of service continuity, personnel transition, inventories, equipment, and/or monetary settlement must be identified. Contract termination for completing term of contract shall follow procedures as outlined in the RFP or Award Contract. The NDUS purchasing coordinator shall notify all affected parties.
- Conflict of Interest
All NDUS personnel must comply with applicable law and SBHE Policy 611.4, relating to conflict of interest.
- Suggested Contract Management Plan Format
| Contract Number | | | Contractor/Address | | | Service provided | | | Date Awarded | | | Expiration Date | | | Renewal Terms | |
| 1. | Contract Manager | Tel/Fax | | | Back-up | | Tel/Fax | | | 2. | NDUS Purchasing Contact | | Tel/Fax | | | 3. | Contractor's Contract Manager | | Tel/Fax | | | Back-up | | Tel/Fax | | | 4. | Identification and location of contract files | | 5. | - Dates for deliverable items
Performance bonds, proof of insurance, improvements, payments schedule, and other specified submissions; due dates, completion.
| | 6. | - Performance check list
A list of contract performance taken from RFP/Contract
| | 7. | - Record of Contract Changes
Include date, action, and result (ie amendment to contract)
| | 8. | - Contract Review Meetings
Include schedule, attendees, agenda, date, action, result and communications of result. Unscheduled review meetings shall be documented the same as scheduled meetings.
| | 9. | - Customer/User Surveys or Functional Group Meetings
Include date, copies of surveys and or meeting minutes. Any results and communication of result.
| | 10. | - Scheduled Audits
Include notice, participants, methods, results and communication of results.
| | 11. | - Communications
Include a listing of all personnel and type of communications they need to receive throughout term of contract.
| | 12. | Miscellaneous information |
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| REFERENCE: SBHE Policy 803.1 |
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| HISTORY: |
New Procedure, Chancellor's Cabinet Meeting, November 14, 2001. |
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