Please reference the latest Administrative Bulletin 3.5 effective 7/1/16, as changes have not yet been incorporated in these pages.
Nearly all contracts are subject to changes as part of the contract review process. It generally takes several iterations to finalize a contract, so it is recommended that you allow a minimum of 4 weeks to complete the contracting process.
State resources available to help the Business with the contracting process include:
- The Office of the Attorney General provides legal expertise and advice on behalf of the State.
- Building & General Services' Office of Purchasing & Contracting oversees procurement for the State. Contact them for them for further information on rules and requirements or if you have any questions regarding any aspect of the procurement process.
- A DII Procurement Specialist will facilitate the DII contract review and the signature/approval process.
The High Level Contracting Process
1. Draft Contract or Statement of Work Agreement (SOW)
Use the Standard Contract template for Sole Source, Simplified and Standard Bid contracts. The basic contract components are:
- The Contract - this is the actual document that gets signed and includes the term and contract amount.
- Attachment A - The Scope of Work needs to describe the main work that will be done under the contract and identifies the affirmative obligation of the contractor. Also identify the State’s responsibilities, if applicable.
- Attachment B - Payment Provisions: Contracts need to have reasonable cost detail outlined, including any provisions for credits based on non-performance.
- Attachment C - The standard State provisions for all new Contracts or Grants. Revisions to Attachment C are not permitted without the prior approval of Finance & Management, the Attorney General's Office, and BGS Office of Purchasing & Contracting.
- Attachment D (if needed) - This attachment is used to describe any additional contract provisions requested by the vendor and agreed to by the State.
Use the SOW Agreement template for Retainer Contracts. The full contract template is not necessary in this case because DII already has a master retainer contract on file for the vendor that includes a signed Attachment C (the State's standard terms and conditions).
2. Coordinate Preliminary Internal Contract Review
Update the contract as appropriate following these preliminary reviews:
- Home Agency/Department Review: Submit the contract for review within your own agency and/or department as required. Note: review at additional points in the process may be required, verify these steps within your own agency/department.
- Legal Review: An Agency Assistant Attorney General (AG) or the State’s AG Office should perform an early round of review and identify any required or recommended legal wording changes.
- DII Review for IT contracts over $100,000: Provide the draft contract to the email@example.com. The goal of an early review by DII is to identify: any issues with readability; omission of commonly covered language/topics; contracts that will require additional review time from the Chief Technology Officer and/or the Chief Security Officer; and to verify that the contract includes the proper attachments.
- Key Business Stakeholders, DII Contract Specialist and AG meet to review contract comments (optional but recommended).
3. Coordinate Preliminary Vendor Contract Review
- Provide a copy of the draft contract (be clear that it is still a draft subject to multiple approvals) to the vendor for review and comments.
- Optional but recommended for contracts over $500,000: Key Business Stakeholders, OPM and vendor meet in person or via conference call to review contract comments.
4. Solicit Final Legal Review
Provide an updated contract to the Agency Assistant AG or the State’s AG Office for final review prior to routing the contract package for signatures.
5. Compile Documents for Contract Package Routing
Compile all documents consistent with Administrative Bulletin 3.5.
6. Obtain Contract Approval & Signatures
- Electronic routing and e-signatures is preferred. DII can coordinate this process on your behalf using the Silanis software. Provide the final package of contract documents to your OPM for routing.
- The electronic routing starts with the required approvals on the AA-14 form, which are based on the contract type and amount in accordance with Administrative Bulletin 3.5 and/or Agency/Department Contracting Plan.
- The final routings are to the authorized State and Vendor signatories.
- The Silanis software automatically notifies everyone in the routing once all approvals and signatures are received.
7. Manage Document Retention & Disposal
The Business is responsible for retaining and disposing of procurement documents in accordance with The State of Vermont Records Schedule (GRS-1000.1126): http://vermont-archives.org/records/schedules/general/pdf/GRS-1000.1126_Contracting.pdf