Chapter 25 - IT Contract Formation

25.7.2 Requirements for major and delegated agency procurements

Agencies desiring CIO approval to issue an IT contract (or solicitation) must include the minimum elements shown in the spreadsheet entitled, "VITA Minimum Contractual Requirements for "Major" Technology Projects and Delegated Procurements" found in Appendix A, by following the link to the appropriate VITA SCM webpage.

This manual results from the directive provided in § 2.2-2012 "A. The CIO shall develop policies, standards, and guidelines for the procurement of information technology of every description" therefore, the provisions of the Virginia Department of General Services, Division of Purchases and Supply's Vendor's Manual does not apply to IT contracts. When VITA has delegated authority to an agency for technology procurement, any language that conflicts with this manual should be removed from the agency's contract document(s).

Agencies conducting a "high-risk" procurement, as defined in § 2.2-4303.01 of the Code of Virginia, must submit both the solicitation and the resulting to contract to VITA and the agency's Office of Attorney General (OAG) representative for review of the terms and conditions. Reviews will be conducted within 30 business days and will include an evaluation of the extent to which the contract complies with applicable state law, as well as an evaluation of the appropriateness of the contract's terms and conditions. The review will also ensure the inclusion of distinct and measurable performance metrics, as well as penalties and incentives, to be used in the event that the contract's performance metrics are not met.

Agencies are required to contact VITA's Supply Chain Management division (SCM) at: scminfo@vita.virginia.gov during the contract planning stage prior to awarding a high risk contract. SCM will assist the agency in preparing and evaluating the contract and identifying and preparing the required performance metrics and enforcement provisions.

VITA recommends that all solicitations and contracts submitted to VITA or the CIO for review and approval, or that are delegated to agency without need for VITA or CIO approval include the following qualities to improve the turnaround time for the agency:

• Be free of typographical, spelling and formatting errors.

• Be free of duplications and conflicting language/terms.

• Include all mandatory provisions required by the Code of Virginia and any Federal flow-down requirements.

• Include all document exhibits that comprise the whole contract.

• Be already reviewed by the agency's OAG representative, if necessary.

• Be submitted electronically in Microsoft Word format to the agency's then-current designated PMD representative.

• All solicitations and contracts that are submitted to VITA for review must include an agency-completed version of the matrix in Appendix A, as a document separate from the contract to facilitate VITA review.

Additionally, all final contracts requiring CIO approval must have undergone review by the agency's OAG representative prior to submission to VITA. Agencies may obtain assistance in developing a technology contract by emailing a request to: scminfo@vita.virginia.gov.