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Chapter 25 - IT Contract Formation

25.0 Introduction

Every acquisition of information technology (IT) goods and services needs an appropriate contract. Every acquisition requires written technical, legal, administrative and financial agreements between the parties. Contract formation requires mutual consent to agreeable terms by both parties, generally manifested by an offer and acceptance. This chapter provides Virginia Public Procurement Act and VITA requirements and includes guidelines to cover the components of a successful IT contract.

The formation of an effective contract starts while drafting the solicitation.

All terms and conditions that the agency intends to include in the contract should be incorporated into a proposed contract that is included in the solicitation. If the agency attempts to insert substantive contract provisions after proposals are received or during negotiations, suppliers may need to revise pricing or other proposal elements. Agencies should always provide the desired resulting contract in the solicitation package.

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