Software and Cloud Services Review Process

All new or existing software, free or otherwise, must be reviewed by legal and IT security. Although this process is relatively new, the requirement has always existed but not enforced. As more and more software and services become available online, the risk to the college has increased and it is important that everything is reviewed. Please be aware that this process can take weeks to months. 

1. Obtain Terms of Use, Terms of Service, End User Licence Agreement (EULA), Software License Agreement, Privacy Agreement, quotes, and any other legalese documents with terms and conditions relating to our use of the software.
   1. Is there an existing contract/agreement with this vendor? (See section below). You may be able to speed up the review by using an existing contract. If not, ask if the vendor has an education or government version of their license agreement.
   2. These terms need to be reviewed annually as they frequently change.
   3. Save each agreement/terms into Word documents with:
      1. The URL the agreement was copied from.
      2. The date it was copied
      3. The Contract number
      4. The associated PO Number
      5. Page numbers
      6. A signature block
2. Work with someone in ITS to fill out the Software & Cloud Service ITS Security Review
   1. Please make sure that ITS fully understands how the software or service will be used before answering the questions.
3. Compile your Word documents from #1 and send them to the Contract Review Workgroup. This currently includes Norma Konschak, Stephen Winckelman, Cindy Ladd, Theresa Reyes, and Jennifer Gaul. They will forward the documents to the appropriate offices for review and then manage negotiations of contract terms and conditions with the vendor.
4. Attorneys will work with school administrators to evaluate any potential risks related to the contract or software uses after which a person with delegated software license signature authority will execute the contract with the vendor.
5. If there is a cost associated with the software, the purchase request will be released in the e-procurement Marketplace to create a PO once the contract is signed.

Existing Contracts/Agreements

Is there an existing contract/agreement with this vendor? It could be a Normandale contract or Master contract with the Minnesota State System Office, State of Minnesota, or a cooperative such as E & I Cooperative. If there is an existing contract, you may not have to go through the review process.

1. Minnesota State Technology Contracts
2. Minnesota State Marketplace SharePoint site
3. Minnesota State Procurement
4. D2L Integrations site
5. E & I Cooperative
6. MHEC
7. University of Minnesota Contracts (list)

Want to Learn More?

Why do we have to follow this process? Below is additional information to help understand the background for this process.

1. Office of General Counsel Web based Contracts Training
   1. Form & Execution, Software Contracts and How You Can Help
   2. Procurement PowerPoint
      1. Procurement: Test Your Knowledge
   3. Contract Negotiation and Drafting Part 1
   4. Contract Negotiation and Drafting Part 2
      1. Contract Drafting Exercise
   5. Contract Management/Performance
   6. Contract Law and Practice Overview
       
2. System Procedure 5.14.2 - Consultant, Professional or Technical Services, and Income Contracts