Procuring goods and services
The OGC works with Procurement Services to ensure that any risks associated with the procurement of goods and services for the University are mitigated. In accordance with the University’s Procurement Policy, first contact Procurement Services with any procurement queries. Procurement Services will then engage the OGC as required, including to prepare, review and negotiate any relevant agreements.
Set out below are some fundamental issues which should be considered from a risk perspective when procuring goods and services for the University. When contacting the OGC for assistance on a procurement matter, please instruct the relevant lawyer on each of the issues below:
Scope of procurement
- Why is the University acquiring the goods/services?
- How complex is the arrangement?
Is the University buying discrete goods/services or an entire system (that is, a combination of software, hardware and any required customisations)?
Are any other suppliers involved in the arrangement?
Is there a commitment that the deliverables will meet specifications and/or set requirements?
Does the University require acceptance testing?
Are there service levels and do they meet the University’s business needs?
Do any key personnel of the supplier need to be specified in the agreement?
- How much is the University paying for the goods and services?
What is included/not included in the price (for example third party licences, expenses)?
What are the future costs (such as internal costs, usage restrictions, training, support & maintenance, upgrades)?
- Are the goods/services being purchased using funds secured under a funding agreement? If so, ensure the OGC is provided with a copy of any funding agreements as some terms may need to be incorporated into the procurement agreement.
- What information does the University know about the supplier?
- Have adequate checks been undertaken (for example Company search)?
- Has the engagement arisen out of a tender or other competitive process?
- Has the University complied with all relevant University by-laws, rules and policies, including the University’s Purchasing Policy and the University of Sydney (Delegations of Authority - Administrative Functions) Rule 2010?
- Is the University providing the supplier with any University IP or confidential information? If so, a separate confidentiality agreement may be required. Contact the OGC for assistance.
- Any agreement to procure goods and services for the University should be on the basis of standard University terms and conditions. Supplier terms and conditions do not adequately protect the University. Procurement Services have copies of all standard University procurement agreements and will work with the OGC to ensure that the appropriate agreement is used.
- Be careful of side letters which change the scope of an arrangement or bind the University. Contact the OGC for assistance if unsure.