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Purchasing and Contracting

Q: My department wants to hire a consultant. In addition to price, what terms should we consider?

A: The most important provisions in a consulting agreement are price, scope and definition of services to be provided, and termination. It is imperative that the consultant and the department have a clear, unambiguous understanding of the consultant's work. Likewise, the consultant and the department should agree upon the circumstances that would permit either party to terminate the agreement early and what happens upon termination. For example, how much should the consultant be paid if the agreement is terminated? Who owns the consultant's work product? Does the consultant warrant the quality of the completed work? Asking and answering these questions before the consultant is hired and begins working is much better from the University's and the consultant's perspectives, than afterward, when the department and the consultant may be unhappy with each other and the project.
 
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