Author: hhubbard

A Contract by Any Other Name is Still a Contract

A contract can be hidden under many document titles like Order Form, Reservation, Subscription, Warranty, Memorandum, and many more.

A contract is an agreement between parties that creates an obligation to do or not to do something. So, the name of the document does not matter; it’s the obligations contained within the document that create the contract.

If you’re unsure whether a document is a contract or not, please don’t hesitate to reach out to our Contract Management team at contracts@ua.edu.

Changes to the PSA and VDS

The Professional Services Agreement (PSA) templates and standalone Vendor Disclosure Statements (VDS) templates have recently been updated. These updates were made in response to the most common questions received from our campus partners and vendors.

  • Both templates now include a cover letter with contact details for both the initiating department and the vendor, and a short description of what information is being requested and why it is necessary.  Often our vendors are working with multiple departments across campus and this information will help them correctly respond to the form.
  • The workflow has been updated to allow the initiating department to view the status of their pending form.  DocuSign offers two methods to track the status of this PSA and VDS.
    • If you have a DocuSign account, log in to your account.  In your Inbox, use the search to locate this form, and click on the template name to see the status.
    • If you do not have an account, go to the Review Documents link in the DocuSign review and sign emails.  When DocuSign opens, click on Other Actions in the upper right corner. In the menu that opens, select History which will provide the recipient list and the activity status.  Know that the link in the email expires after three days.  If it has expired, you will be asked if you want to get a new active link.  Select yes, which will allow you to get to the document for the new notification email.

This will allow you, as the initiating department, to track the progress of your PSA or VDS independently. We hope that you find these improvements helpful going forward.

The University of Alabama is changing the contract review process for software purchases!

Beginning April 8, 2024, all compliance-related reviews for software purchases will occur PRIOR to loading any contract documents into the UA Contract Portal. You will no longer complete and submit the Software IT form when you submit a contract for review and execution. This assessment replaces the previous form and will allow for a compliance review to be complete by personnel across campus who are responsible for privacy, compliance, security, risk management, cyber insurance, and other risks, as appropriate, in advance of submitting the contract for execution.

This assessment will have to be COMPLETED AND APPROVED before loading information or contract documents into the UA Contract Portal for Contract Management. A pdf of the approved review will be required.

For assistance with answering questions or navigating this assessment, go to the Compliance Contract Review Portal. Please contact privacy@ua.edu for assistance.

Adding Additional Vendors to your Contract Record

The Procurement Contract Portal allows up to 3 additional vendors per contract record.
Located under the Additional Vendor Details section of the Contract Information tab, simply provide the additional vendor contact name and email address as well as the vendor signer name and email address, and your contract will be routed for additional signatures.

After entering the first vendor, select the number of vendors you need to add from the dropdown box.

Stop! Before you upload your agreement to the Procurement Contract Portal you should ask your vendor for the following information:

  1. The legal name of the company. This is the name you should input as the “Vendor Company”.
  2. The start and end date of the contract. The start date is not the date that you upload the agreement to the portal.
  3. If a Vendor Disclosure Statement is required (contracts over $5,000 and all Professional Service Agreements) the name and email address of the person who will complete that form for the vendor. You will need this information to initiate the Vendor Disclosure Statement form. Remember, you need a completed Vendor Disclosure Statement to submit in the Contract Portal.
  4. The name and email address of the person who is authorized to sign the contract on behalf of the vendor. This is the information you should input as the “Vendor Signer”.
  5. What is the name and email address of the person from the vendor’s company that Contract Management should contact with questions? This is the information you should input for the “Vendor Contact”.

Uploading the correct information at the beginning of the process helps Contract Management execute your agreement in a timely manner.

Contract Business Terms

  • September 11th, 2023
  • in News

Before uploading your contract to the portal you should always review the business terms. This is the specific portions of the agreement with contract details that you have discussed with the vendor.  You should read your agreement carefully to make sure the terms listed are what you agreed to and that the only blank space in the document is the signature line.

The business terms can include:

  • Start date
  • End date
  • Length of the Contract
  • Cost

Contract Management reviews your contract submissions to ensure compliance with Alabama law and University of Alabama policy. We do not know the specifics of your discussions with the vendor and rely on what is contained within the contract. Please take a moment to make sure that what is written matches what was discussed with your vendor.

Do You Know What the Status of Your Contract in the Contract Portal Means?

  • July 10th, 2023
  • in News

Under Review – The Contract Administrator is in the process of reviewing your contract or negotiating terms with the vendor.
Pending Approval – The Contract Administrator sent this to another department for internal approvals.
Approved – Whoever the Contract Administrator sent the contract to for internal approval has approved it, and the Contract Administrator is negotiating terms with the vendor.

  • It is often assumed that the contract is ready for signature, but this all depends on whether the vendor ultimately accepts the terms we are requesting.

Pending Signature – The contract is waiting to be signed by the vendor or the University’s signatory.

How to Contract for Professional Services

  • March 3rd, 2023
  • in News

Are you responsible for submitting Professional Services Agreements and Guest Speaker Agreements?  If so, we want to help you!  The Professional Services Guidelines webpage is a great resource for viewing basic requirements, the submittal process, the review and signature, and for guidance on the payment processing. In addition, we have included below some common mistakes that we see with the PSA and GSA:

  • PSAs/ GSAs must be submitted before the date of service.
  • An Independent Contractor form that has been approved by the tax department will need to be attached (when contracting with an individual).
  • The dates of service and amount to be paid must match in the PSA/GSA and IC form (if applicable).
  • If the contractor provided you with a document that requires signature, do not initiate a PSA/GSA. Submit the document through the Contract Portal for review and approval.

We are also working on a new training course. Stay tuned for information about PSA and GSA training opportunities!