Contract Risk Level Review Considerations

Method to determine Contract Risk Level to gauge timeline for review

 

 

Low

 

Medium

 

High

 

Scope/ Requirements

  • Well defined
  • Follows existing policy standards
  • Complex requirements
  • Goods or services that are new to the University
  • Not well defined
  • Does not follow existing policy
  • Pricing or cost-based on future volume/usage

Supplier

  • Existing supplier
  • New supplier
  • Existing supplier
  • New supplier
  • Existing supplier
  • New supplier
  • Existing supplier with outdated contract

Risk

  • Few/no risks to address:
  • Items that do not require certification or declarations
  • No IP will be created or exchanged.
  • Items shipped within US
  • Existing Agreement
  • No changes to Notre Dame standard terms
  • Items that are not hazardous
  • Fixed price agreements
  • Some risks to address:
  • Items requiring certifications or declarations.
  • IP will be created or exchanged
  • Items shipped outside US
  • No agreement or expired agreement
  • Cost reimbursable or Time and materials agreement
  • Hazardous materials
  • Changes to Notre Dame standard terms
  • Emerging Technologies
  • Work location outside US
  • OIT INFOSEC review needed.
  • Multiple risks to address
  • Access to PII (HIPPA or FERPA)
  • Item failure could cause damage or harm.
  • Work location outside the US
  • Catastrophic event likely to occur
  • Changes to IIA that relives supplier or contractor of any damages.
  • Notre Dame required to issue a limited use license requirement of Notre Dame conceived ideas to the supplier.
  • Hazardous materials deemed high risk by Risk Management

Sourcing Method

  • Sole Source
  • RFx to suppliers with well- defined scope
  • Sole Source
  • RFx to suppliers with well- defined scope
  • RFx with multiple new suppliers
  • Sole Source

Approval Workflow

  • Low spend, few approvals
  • Project is fully funded
  • Multiple approvers
  • Funding in approval
  • High spend, multiple approvals
  • Funding not approved

Negotiation

  • Procurement leads
  • Supplier accepts all standard language; use Notre Dame template
  • Current agreement in place
  • Supplier accepts most standard language
  • Use supplier’s template
  • Standard pricing method
  • Agreement is outdated
  • End user has already negotiated
  • Supplier does not accept standard language
  • Use supplier’s template
  • Non-standard pricing method
  • No agreement in place