Purchasing Contracts

1. What must be included in the RFX and why?

The following steps must be included in the RFx:

a. General description of item or service.

b. Quality requirements

c. Logistics and delivery requirements (when and where)

d. Payment provisions (how much and when)

e. Commercial terms and conditions-warranty, liability, etc.

f. Rules for submittal of proposals by suppliers.

g. Mechanism for asking questions or obtaining clarification of RFx Requirements

h. Request for financial condition of supplier of format to provide such information.

i. The detailed specification and/or statement of work. This is critical to obtaining responsive proposals and to creating a meaningful contract. The documents are the source of a large portion of contractual disputes, because there is often inadequate attention paid to them during the RFx and contracting phases of the procurement process.

The steps included in the RFx process start by developing a complete system of business processes that are to be executed properly. This will help items being sourced, give an understanding of technical specifications, service requirements, baselines, and demand forecasts which may seem critical. Solicit input and feedback from all key stakeholders. This helps ensure that the RFx are as complete as possible and assists with the determination of whether an RFI or RFP is needed. If the commodity being sourced is a basic commodity with a standardized format across the supplier pool, one may not need an RFP and will generally only need an RFI for new suppliers to determine whether or not they are interested in bidding.

The quantifying costs of switching suppliers and potential savings opportunities help determine the appropriate complexity of the sourcing cycle. If the product is a standardized commodity and the opportunities for savings low, then not only is a multi-stage RFx cycle unnecessary, but decision optimization is not likely to yield significant additional savings. All that may be needed is an RFQ notifying the candidate supplier pool that they are invited to a standard reverse auction where the lowest bidding supplier is awarded the business. In addition to detailing the products and/or services the organization is looking to source, it's to be sure to provide the same background history on the buying organization that is being asked of potential suppliers; and corporate and sourcing philosophies. This will let potential suppliers know that the buying organization is serious and honest about the process and initiate goodwill and trust up front. Finally, it's to be very clear on the response format and required documentation which will also allow suppliers opportunities to provide creative and innovative feedback.

2. Can a boilerplate be used to develop the contract?

Yes, a boilerplate plate can be used to develop the contract, especially if you can't afford the legal expense of developing every agreement; you can have a lawyer develop boilerplate contract language.

3. How can intellectual property be protected?

Intellectual property can be protected in different ways.

1. In the U.S., patents may be