INFORMATION TECHNOLOGY CONTRACT MODULES
New! Cloud Computing Special Provisions for Software as a Service (SaaS), effective 09/05/14
For Special Provisions used prior to 11/27/13, use the links below:
Note: These provisions have been incorporated in the published IT General Provisions (GSPD-401IT) revised 11/27/13.
For Special Provisions used prior to 02/8/07, use the link below:
For Special Provisions used prior to 01/21/03, use the link below:
The Procurement Division (PD) has developed information technology (IT) model contracts for ease of use. It is Procurement Division's recommendation that you use these modules, combined with the current General Provisions and a well-developed Statement of Work, in all IT solicitations and contracts regardless of dollar value.
In developing an IT contract, include the Information Technology General Provisions, thereafter, select and use only those modules (Special Provisions) required for the transaction at hand. For instance, if you are acquiring personal services, the contract would include the IT General Provisions and the Personal Services Special Provisions. Additionally, develop a Statement of Work tailored to the transaction, describing Contractor and State responsibilities, contract duration, tasks to be performed, how payment is to be made, etc. The Statement of Work now includes many of the provisions formerly included in prior model contracts, i.e., Rider B and Rider C equipment and software listings, delivery and installation information (schedules and costs), acceptance testing criteria, specific maintenance requirements (response times, escalation procedures), etc.
To use the new modules, select the Special Provisions applicable to the transaction and either incorporate them by reference or attach them as a hard copy to the contract document (STD.213, STD.65), and develop and attach a Statement of Work.
NOTE: The IT version of the STD.213 is slightly modified to coincide with IT terminology.
The STD.213 already provides that the terms and conditions of the following attachments are a part of the Agreement. Therefore, it is only necessary that you identify which Special Provisions you will be utilizing. For example, on a large-scale system integration contract, the face of the STD.213 would include the following:
Attachment 1, Statement of Work (including Equipment and Delivery Schedules)
Attachment 2, Form GSPD 401, IT General Provisions, Effective 04/12/07
Attachment 3, Information Technology Purchase Special Provisions
Attachment 4, Information Technology Maintenance Special Provisions
Attachment 5, Information Technology Software License Special Provisions
Attachment 6, Information Technology Personal Services Special Provisions
Agencies may also attach Agency Special Provisions, such as facility security requirements or federal funding requirements.
There are two (2) versions of the STD.213 for information technology. Version STD.213 www includes a pointer to the General Provisions at Procurement Division's web site. If you intend to "point" to the General Provisions (as opposed to having them included as an attachment) use this version. If you intend to attach a hard copy of the General Provisions to the contract, use the standard version (without the "www").
Refer to the State Contracting Manual, Volume 3, for further information on the development of the Statement of Work, available for viewing at our web site, under "Policies and Procedures".
This "model language" is not to be modified without first gaining approval of DGS PD.