Procurement documents and contractual terms
Templates for procurement documents
The templates below can be applied by all university units in making procurements (so-called mini-procurements) not exceeding the limit (EUR 9,000) in the Act on the Contractor's Obligations and Liability when Work is Contracted Out in cases where Aalto University does not have a contract supplier for the supplies or services in question. Templates for procurements larger in value are available on separate request from procurement specialists. The procurement specialists' contact details as well as information on supplier partnerships and contract suppliers can be found on the main page of procurement.
Note:
- Different procurement contract models are used in research projects funded by Business Finland or the EU. More information on those is provided by the school’s legal counsel.
- Separate guidelines for IT contracts.
- First read the following instructions for the use of templates and division of procurements as well as for reviewing contracts:
Note: Due to the war in Ukraine, the following seller's declaration regarding sanctions and complementation of the terms of the contract should be appended as the first annex to all requests for quotations and purchase orders or procurement contracts. In addition, in case the agency funding the procurement requires or in cases of new and unfamiliar suppliers to Aalto, a sanctions and beneficiaries check can be performed on the supplier. However, domestic listed companies do not need to be checked. Procurement specialists and Financial Services provide further information on performing checks.
Template for a request for quotation, separate for supply and service procurements:
If for one reason or another price comparison between different suppliers is not performed, competing offers are not requested, or the most economical offer is not selected, the grounds concerned should be objectively described in a memorandum. These situations include, for example, such in which alternative suppliers have not been found despite the market survey conducted, or in which the selected offer is, despite the higher price, the objectively most economically advantageous or "best" offer. The memo should be archived in the project folder together with the rest of the documents related to the procurement in question. The following can be used as a model or template:
Template for a purchase order (supply procurements):
Template for a procurement contract, separate for supply and service procurements:
Process of the presentation and signing of procurement documents
The invitation to tender to be published, contract award decision (in tendered procurements) and the procurement contract, as well as corresponding documents are approved and signed in accordance with Aalto University's approval policy.
Before approval/signing of the documents, it must be ensured that a lawyer has checked the documents in those procurements whose estimated value exceeds the national threshold value (EUR 60,000).
As a cover letter for the procurement documents in tendered procurements, a procurement presentation form is prepared which summarizes the scope, value, risks, responsible persons and other essential aspects of the procurement to the approver/signee. The presentation form is prepared by the procurement specialist handling the procurement.
Contractual terms used in procurement
As a rule, the general contractual terms and conditions for public administration are used in Aalto University's procurements. General contractual terms for public procurement that may apply: JYSE 2014 Services or JYSE 2014 Supplies. In ICT procurements, it is possible to also use Public administration IT contractual terms, JIT-2015. By using these terms and conditions, the benefits of Aalto University are ensured with respect to the suppliers concerned. Counselling in matters concerning contractual terms can be obtained from procurement specialists.
Instructions on requests for rectification and appeal to the Market Court
Rectification of procurement is a rectification made to the contract award decision by the contracting entity itself. A request for rectification can be made by a tenderer that has participated in the competitive tendering or candidate that has made an application to participate; i.e. by a party whom the decision concerns or whose right, obligation or interest is directly affected by the decision. Rectification can be made to any procurement whatsoever, regardless of its euro-based value, i.e. it also applies to procurements of minor value.
The possibility to appeal to the Market Court is also included in competitive bidding contained within framework agreements. The tenderer, candidate that has submitted an application to participate, or other party that the matter concerns can take the matter to the Market Court by making an appeal.
At Aalto University, the following Instructions on requests for rectification and appeal should be included when notifying tenderers of the contract award decision (in tendered procurements):
Basic instructions
- Procurements that exceed the national threshold value:
- Each procurement is processed as its own matter under its own register number. The register number can be obtained from Aalto University’s Registry.
- The publicity of documents concerning procurement should always be specified and marked clearly in the documents concerned.
- The documents concerning procurement are centrally stored in Aalto University’s Registry.
- Procurements of minor value:
- Not to be entered in the register
- The documents are stored in the units and if necessary added to the accounting to ensure audit trail
- N.B. An exception to the rule are procurements in which a data processing agreement (DPA) is made. In such cases, both the procurement contract and the DPA must be entered in the register and archived in the Registry.
- N.B. If the procurement contract is signed electronically using Aalto electronic signature system, the contract is not to be entered in the register, and should be stored in the unit and not archived in the registry.
Document-specific archiving practices
- Documents connected with procurements based on public tendering: Procurement notice, invitation to tender including annexes, tenders, opening report of tenders, contract award decision (grounds for decision), notice of award decision, contract and related agreements (e.g. maintenance and upkeep, etc.), and other possible documents.
- To be entered in the register
- Each procurement has its own register number under which all documents of the procurement in question are entered
- Stored in Registry/central archives
- Storage period:
- one-time procurement: at least three (3) years
- fixed-period agreements: duration of agreement + three (3) years
- agreements valid until further notice: the possible termination of the agreement + three (3) years
- If there are terms in the agreement that are specified as valid after the termination of the agreement either for a fixed period or temporarily, the storage period shall be in accordance with that stated above.
- Direct procurement: Direct procurement decision, procurement contract and other possible documents
- To be entered in the register
- Each procurement has its own register number, under which all documents of the procurement in question are entered
- Stored in Registry/central archives
- Storage period at least three (3) years
- Formal complaints (reclamations): Formal complaint and other possible documents
- To be entered in the register
- Each reclamation shall have its own register number, under which all documents of the reclamation in question are entered
- Stored in Registry/central archives
- Storage period at least three (3) years
- Procurements of minor value (valued below the national threshold value)
- Documents related to procurements of minor value are to be stored in the department in project folders, etc.
- If necessary, are appended to the invoice to ensure audit trail
- Orders, waybills, dispatch notes and the like
- To be stored in the unit/department
- If necessary, are appended to the invoice to ensure audit trail