Flowchart: T&Cs August 2012 Procurement Services Flowchart: Establishing which Terms and Conditions to use when Tendering/Procuring Goods and/or Services (Updated August 2012) Before reading this document you should refer to ‘Terms & Conditions of Contract’ (from September 2011). Please note that this flowchart does not cover existing contractual (e.g. frameworks, collaborate arrangements [stationery, furniture]) and one-off purchases; where UOE’s ‘default’ T&Cs will apply. Terms and Conditions are used when purchasing goods and, or services. For most purchases that require a simple order then the ‘default’ Terms and Conditions will apply. However; ‘Responsible Officers’ will need to choose carefully when using these Standard Terms and Conditions in conjunction with their purchase/procurement. Best practice is to think about which Terms and Conditions to use at the planning stages of your project/procurement. Step Description 1 Responsible/Lead Officers to ensure that T&Cs are agreed at early planning stage 2 Consult on appropriate T&Cs where necessary 3 Establish any specific, bespoke, unique clauses that need to be included. Consult the guidance material available for each set of T&CS. 4 Establish Value of Tender 5 Agree on appropriate T&Cs based on Steps above and by following the flowchart below. Ensure that the agreed T&Cs are included (to suppliers) with the tender documentation Issue with tender documents and quote contract reference on all corresponding orders. 6 7 Comments/Guidance Generic Orders/Orders placed with contracted suppliers will need an order only to be compliant. Specific procurements/tenders will need to establish suitable T&Cs Procurement may be able to assist. Please be ware that some T&Cs may take time to put together if they fall outside the scope of standard T&Cs. These may include a range of key inclusions such as; Acceptance testing Installation Staged payments Implementation resources Special Delivery Requirements Maintenance CRB Requirements Specialist services This is not an exclusive list As in Steps 1 and 2, Procurement may be able to assist. For lower value tenders the Standard T&Cs are likely to be adequate depending on outcome of Step 3 The Standard T&Cs are available on the Procurement Website at the links provided. Any resultant order should refer to the tendered T&Cs Such precautions will ensure that there is no potential misunderstanding In-Tend All tenders are to be manage through the University’s e-Tendering portal (In-Tend) at: http://admin.exeter.ac.uk/corporate/procurement/downloads/In-Tend.shtml For further help and guidance contact the Procurement Team http://admin.exeter.ac.uk/corporate/procurement/contact.shtml 1 Flowchart: T&Cs August 2012 Project/ Procurement Initial Planning Phase Will your T&Cs require any specific / bespoke clauses? Specific Projects may require unique/bespoke clauses which should be discussed as part of the planning stages Consider any relevant clauses for inclusion in liaison with Procurement Yes Yes Are you easily able to establish T&Cs? No Are you tendering for Goods or Services? No Consult with Procurement for best options available Yes No additional, bespoke clauses required No Additional clauses required No Do any clauses require outside help? Go to next page for Consultants and Systems T&Cs Choose & Adapt relevant T&Cs Goods & Services Services Goods Go to link for relevant Services T&Cs Go to link for relevant Goods T&Cs Go to link for relevant Goods &Services T&Cs 2 Process Flow Diagram – Establishing Terms & Conditions (T&Cs) Update August 2012 From page Systems previous Go to link for relevant Systems T&Cs Consultancy T&Cs Are you tendering for Consultancy or Systems? Indentify if tendering for short form’ (appointment of individual consultants) Consultancy (short form) Choose & Adapt relevant T&Cs System T&Cs Additional clauses required Will your T&Cs contain any specific / bespoke clauses? Yes Consider any relevant clauses for inclusion in liaison with Procurement Legal Services No No additional, bespoke clauses required Go to link for relevant Consultancy [Short form] T&Cs Consultancy (long form) Go to link for relevant Consultancy [long form] T&Cs