Chapter 25 - IT Contract Formation

Description of procurement

Use this contract template

Comments

All

All non-telco contract definitions and contract clauses are included in the individual contract templates below.

You may delete any definitions and clauses that clearly do not apply to your procurement; you may add project specific definitions and clauses with approval from Sourcing Manager and C&G

Software as a Service (SaaS), Platform as a Service (PaaS), Infrastructure as a Service (IaaS)

(Note to SCM Sourcing: check with Director, Enterprise Services, for PaaS and IaaS procurements for applicability of all terms or additional terms)

Cloud Services

Use a Cloud Services contract when you desire to procure a SaaS or PaaS solution.
Both a whole Cloud Services template and an exhibit of Cloud Services clauses that may be added to the Solution template are available for your use, depending on your procurement and expected proposal types.

Hardware or equipment and maintenance/support

Hardware and maintenance

Include the warranty worksheet, which allows a supplier to identify its standard warranty and maintenance offerings

Licensing of COTS software and purchase of maintenance/support for the software, including upgrades

Software off the shelf

IT services, not to include any software development

Services

Maintenance/support services for COTS or custom- developed software, including upgrades but no new licensing

Software maintenance

Custom software, any software development services, systems development/design, software-based systems, projects involving software and where work product will result

Solution

The Solution template provides clauses covering the whole Solution, which may be made up of solution design and approach, other related services and all components including hardware and software.

Telecommunications

Telco

This template includes a majority of the definitions and clauses found in all the other templates, but has many unique telco-related definitions and clauses.

Value-added reseller (VAR) products

License Agreement Addendum

This is not a contract template. It should be included as a solicitation attachment. It is VITA's practice to consider supplier-provided language ONLY when the supplier is a reseller of the software, or when the software is an integral part of the supplier's product, and the supplier does not have the right to license the software itself (e.g., when a software licensor requires the VAR supplier to pass through the licensor's terms and conditions). The solicitation must state that VITA requires the software licensor to execute this addendum to address terms and conditions in their license agreement which VITA, as a government entity, by law or by policy, cannot agree to. It is the supplier's responsibility to secure the software licensor's consent to this addendum or to other terms and conditions acceptable to the Commonwealth.