Purchasing Agreements
Purchasing Agreements are drafted and executed for the procurement of Independent Contractors, Consultants, or Professional Services. It is widely used when sensitive information is shared with vendors to carry out the scope of their work.
- Contractors provide services to complete a defined end-product
- Consultants provide opinions and recommendations to a particular problem/situation
- Professional Services are highly specialized functions performed by a supplier that most commonly a) has a professional license; b) is licensed by a regulatory body; and/or c) is able to obtain professional errors and omissions insurance
As you approach any purchase, the fund source and total amount of your purchase will determine competitive bid thresholds and policies that apply.
For non-federal fund purchases:
- $10,000 to $250,000, you must address UCOP Small Business First Policy
- > $50,000 but < $100,000, contact a Procurement Services Team Member for assistance with benefits and savings negotiations
- > $100,000, formal competitive bid is required. See Competitive Bidding (RFX) for policies and process
For federal fund purchases:
- Of any amount, see Federal Fund Purchase Requirements - Uniform Guidance for forms and policy requirements
- > $100,000, formal competitive bid is required. See Competitive Bidding (RFX) for policies and process
If your purchase involves a combination of federal and non-federal funds, the more restrictive Federal Fund Purchase Requirements shall apply.
Please complete the Purchase Agreement or Information Technology Purchase Agreement with as much detail as possible, and upload the draft Word versions to the KFS requisition.
Additional UCOP Forms
Source Selection and Price Reasonableness Justification Form (PDF)
This document must be completed by the requesting Department for all federally funded purchases that are ≥$10,000.00 (including tax and shipping) & non-federally funded purchases ≥$100,000.00 (excluding tax, but including shipping), to substantiate the appropriateness of source selection and price reasonableness. Please visit UCOP's internal site for instructions and FAQs.
Appendix - Data Security ("APP DS") (PDF)
Attached to an agreement when a third party creates, store, manage, use or transmit UC information or when a third party obtains non-public information or protected information.
Such information may include:
- confidential and proprietary information
- trade secrets
- business information
- Personally Identifiable Information (PII)
- credit card data
- student records
- individual financial information
- information with additional statutory protections
PII can be information that may describe or identifies an individual such as:
- name
- social security numbers
- physical description
- home address
- telephone numbers
- email addresses
- education/financial matters
- medical or employment history
- statements made by an individual
Appendix HIPPA BA (PDF)
Attached to an agreement when a Business Associate will have access to, utilizing or disclosing Protected Health Information (PHI) or performs HIPAA covered functions. It is UCOP policy that the university requires third parties to agree and sign the university's HIPAA BA.
Amendments
Contractual changes to any existing agreement requires an amendment (scope of work, duration, compensation, T&C's, etc.). Sample Amendment draft can be viewed here (PDF).
If payment is through a KFS PO, please initiate a KFS Amendment to the existing KFS PO with requested changes. Send a drafted amendment form to your designated analyst for review along with the corresponding KFS PO number for reference.
- Initiate a KFS Purchase Order Amendment
- Draft a Purchase Agreement Amendment (DOC), filling in as much detail as possible regarding the changes. (Do NOT upload the draft amendment to the POA)
- E-mail the draft amendment to the Contract Manager assigned to the KFS Purchase Order. They will assist you with finalizing the amendment for signatures