Planning to buy a product or service? In many cases, purchasing decisions will require consideration of a variety of different issues which may not be apparent at the outset.
For example, if you are buying a product from overseas, there may be import duties, customs and quarantine rules, or the product may not meet Australian design and safety standards. Some products might also have specific licensing requirements, or rules around how they need to be handled.
The University has existing expertise in a range of contracting areas, and in some cases may already have contracts set up that will meet your needs!
Engage early with specialist areas for a better outcome
The earlier you consult with the right area of the University the quicker and smoother your transaction will be. Making the most of contracting expertise already present within the institution is also in the best interests of University and individual local areas, saving you precious time reinventing existing and successful practices.
Under the University’s Contracts and Agreements Policy, certain types of contracts must be referred to specialist areas within the University that have the expertise, specific processes and/or authority to negotiate and enter into those contracts.
The below table outlines specialist internal areas you should consult with for different types of contracts, and any applicable policies, frameworks or processes:
|Contracts and agreements related to:||Specialist area to consult:||Specialist process to follow:|
|International arrangements – students, teaching or research; Relationships with international education institutions||Pro Vice-Chancellor (International)
|International Agreements Framework sets out approval and development processes, which must be followed before any agreement is negotiated or documented.|
|Jointly conferred academic (coursework) awards||Division of Academic and Student Engagement||Jointly Conferred Coursework Awards Policy|
|Jointly conferred academic (higher degree by research) awards||Division of Research and Innovation||Jointly Conferred Higher Degree by Research (HDR) Awards Policy|
|Use of University brand (including name, logos, trademarks)||Marketing and Communications||Brand Policy|
|Competitive research grants||Research Services||Research Grants, Contracts and Consultancies Policy|
|Research contracts, non-competitive research grants or consultancy services||Research and Business Partnerships||Research Grants, Contracts and Consultancies Policy|
|Protecting and commercialising intellectual property (including related Confidentiality Disclosure Agreements and Material Transfer Agreements)||Adelaide Enterprise
|Invention Disclosure Form|
|Collaborative research ventures with external parties||Division of Research and Innovation||Research Centres and Research Institutes Framework – Joint Research Ventures with External Partners Template|
|Establishment or acquisition of Controlled Entities||Legal and Risk Branch||Controlled Entities Policy|
|Capital works (major and minor building work and infrastructure projects or property use transactions)||Infrastructure Branch||As directed by Infrastructure Branch|
|Procurement of goods and services for the University of Adelaide||Strategic Procurement||As directed by Strategic Procurement|
|Maintenance and utilities supply Agreements||Infrastructure Campus Services||As directed by Infrastructure Campus Services|
|Computer software licensing||Information Technology and Digital Services||As advised by Information Technology and Digital Services|
|Third Party Hosting services||Information Technology and Digital Services||Third Party Hosting Security Guidelines|
|Contracts of employment and appointment of titleholders||Human Resources||As directed by Human Resources Branch|
|Engagement of consultants or contractors||Human Resources|
|Gifts, sponsorships, externally-funded scholarships||External Relations||Giving Framework|
|Externally-funded postgraduate research scholarships||Adelaide Graduate Centre||As directed by the Adelaide Graduate Centre|
|Insurance contracts||Legal and Risk Branch||As directed by Insurance Specialist|
|All Contracts containing or proposing a ‘hold harmless’ clause or provision||Office of General Counsel||As directed by General Counsel and Executive Director, Legal and Risk|
If multiple specialist areas are relevant to your contract:
Consult collectively with them to determine the appropriate contract manager. If agreement cannot be reached, the decision can be escalated to the relevant Divisional head.
Further guidance to assist you in drafting and formalising agreements is available in Module 2 of the Contract Management Handbook.
If you have any more questions feel free to call the Legal & Risk Helpdesk on 8313 4539.