Contracting Process Overview

Generally:

The "Contracting Process" includes the steps necessary to request, draft, negotiate, finalize, and deposit a fully-executed contract into WSU's contract repository. The Contracting Process is a collaborative one that requires a high level of cooperation between a variety of internal and external stakeholders. The process starts with the responsible department carefully evaluating its business needs, and successfully concludes only after all interested divisions (e.g., Purchasing, Business Services, Fiscal Affairs, IT, Human Resources, Faculty Affairs, Risk Management, and the Office of the General Counsel (OGC)) contribute and advise based on their areas of expertise. The Office of Contract Management (OCM) facilitates this process and helps to ensure that stakeholders understand their roles and responsibilities, and that the contract progresses through the process in a timely manner.

Timing:

The length of the Contracting Process will vary from contract to contract, depending on a number of factors. The process will be shortened where the Contract Request Form is initially submitted with all required information, and even faster where a template can be used that has been pre-approved by the OGC. Responsible departments should plan to request their contract a minimum of four (4) weeks before the estimated effective date or the contract renewal deadline. The Contracting Process may only be expedited in the rarest of circumstances, and any fast-track requests must be submitted before or at the time that the initial Contract Request Form is submitted to the OCM. 

Steps:

The illustration below provides a simplified description of the Contracting Process. A more detailed description is included in OCM Policy 1.1: Contract Management and Contract Review.  

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STEP 1: 
Stakeholder / Responsible Department Submits Request
 
STEP 2:
OCM Intake
 
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  • Department determines that a contract or amendment is necessary and appropriate to meet its business needs.
  • Before signing a contract or other legal document, Responsible Department submits a request for OCM to generate or review a contract by completing the Contract Request Form, and submitting all requested information and documentation.

 

 

  • OCM Staff receives requests submitted via the Contract Request form and screens to ensure that: (i) The request was appropriately submitted to the OCM; and (ii) All required data and documentation was included with the request.
  • OCM Staff communicates with the Responsible Department to gather any missing information.
  • All complete requests are forwarded to the Director, Office of Contract Management for Initial / Business Review.
  • OCM Staff logs all contracting requests in the OCM designated database, where all activity related to the request will be tracked.

 

 
 
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STEP 3: 
Initial / Business Review
 
STEP 4:
Legal Review
 
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  • Director, OCM either prepares or reviews the initial draft, and discusses the business terms with the Responsible Department.
  • Director, OCM and the Responsible Department adjust initial draft to ensure it reflects relevant business needs.
  • Director, OCM coordinates with other stakeholder departments (e.g., Fiscal Affairs, Risk, etc.) to ensure proposed terms are consistent with WSU standards.
  • OCM sends adjusted initial draft to WSU OCG for legal review.

 

 

  • WSU OGC reviews adjusted initial draft submitted by OCM.
  • OCM facilitates negotiation of legal changes requiredor requested by the OGC, or requested by the Contracting Partner.
  • Only after the contract has received final approval from the OGC may it proceed for signatures. (See Administrative Policies 04-6 Contract Signatories, 3.2)

 

 
 
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STEP 5: 
Signatures / Final Administrative Steps
 
STEP 6:
Ongoing Monitoring
 
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  • Director, OCM ensures that all stakeholder departments have reviewed the contract and indicated approval of the relevant terms by signing the Contract Approval Worksheet.
  • OCM staff circulates final OGC approved contract for signatures (sending to WSU signatory a copy of the completed Contract Approval Worksheet) & circulates fully-executed copies, as required.
  • OCM uploads contract into contract repository.

 

 

  • Online database of fully-executed contracts will provide notices of critical dates (e.g., termination, notice dates, etc.).
  • OCM staff and Responsible Department will cooperate to ensure that contracts are timely renewed, terminated, or otherwise maintained as necessary and appropriate to meet the business needs of WSU and the Responsible Department.