Business Contracts Office

Initial Evaluation & Development

Determining the Need

There are two general ways that UTSA can determine a procurement contract is required. Either the vendor can require that its contract be signed, or UTSA can determine that the project merits a formal, signed agreement.

  1. Agreements Originating from a Vendor
    When a vendor requests that UTSA sign its contract, the vendor is effectively, stating that it is unwilling to agree to the terms and conditions established by UTSA, UT-System, and/or the State of Texas. When this occurs, the terms must be negotiated to ensure the contract remains compliant with State and System requirements. The timeline for this negotiation period is largely dependent upon the complexity of the contract and the vendor’s flexibility and responsiveness. For certain projects and services, however, UTSA has created template agreements that will serve the needs of both the vendor as well as UTSA. Use of these template agreements will greatly expedite the project. See list of these template and sample agreements.

  2. Agreements Originating from UTSA’s Determination
    On many occasions, UTSA will determine that the overall risk of the project or services necessitates a formal agreement. In determining the need for a formal agreement, various factors must be weighed, such as overall risk, complexity, contractual value, and efficiency (see “Purchase Orders vs. Formal Contracts”). For projects and services in which a formal contract is typically desired or required, UTSA and UT System have developed template agreements that can be utilized to secure the services. Use of these template agreements can help to expedite the overall project. See list of these template and sample agreements.

When UTSA determines the need for a formal agreement, the preferred method is to attach the sample agreement to the procurement solicitation, which is generally a Request for Proposal (RFP). By attaching the sample agreement to the RFP, vendors are provided up front notification of the terms required for completion of the project. If a vendor takes exception to any terms or conditions set forth in the Agreement, the vendor is asked to submit a specific list of the exceptions as part of its response to this RFP. The vendor’s exceptions will be reviewed by UTSA and may result in disqualification of the vendor’s proposal as non-responsive to the RFP. If the vendor’s exceptions do not result in disqualification of its proposal, then UTSA may consider and weigh these exceptions when evaluating the RFP responses.

Use of Template Agreements

  • Template Agreements in the Procurement Process: When UTSA determines the need for a formal agreement, the preferred method is to attach the sample agreement to the procurement solicitation, which is generally a Request for Proposal (RFP). By attaching the sample agreement to the RFP, vendors are provided up front notification of the terms required for completion of the project. If a vendor takes exception to any terms or conditions set forth in the Agreement, the vendor is asked to submit a specific list of the exceptions as part of its response to this RFP. The vendor’s exceptions will be reviewed by UTSA and may result in disqualification of the vendor’s proposal as non-responsive to the RFP. If the vendor’s exceptions do not result in disqualification of its proposal, then UTSA may consider and weigh these exceptions when evaluating the RFP responses.
  • Why use Template Agreements? Both UTSA and UT System have developed template agreements that can be utilized for various services. Use of these template agreements can assist in protecting the University and can help to expedite the overall project by providing vendors with prior notification of the terms required for completion of the project.
  • Sample Template Agreements