Handbook of Business Procedures
February 21, 2012
October 29, 2015
7.7.12. PURCHASING AND LICENSING SOFTWARE
These procedures apply to the acquisition of software, whether installed locally or hosted remotely, where the software provider requires that a Software License Agreement (SLA) be accepted by The University of Texas at Austin. The Business Contracts Office has delegated authority to enter into software licenses on behalf of the university.
For these situations, departments must follow the appropriate procedures listed below.
- For Purchases of $15,000 or Less
Schools and departments can issue a purchase order for the purchase of the software, but must have the SLA reviewed and approved by the Business Contracts Office. A Software License Intake Form must be completed and forwarded to the Business Contracts Office. Payment must be completed with a *DEFINE VP1 document.
- For Procard Purchases of $1,000 or Less
Schools and departments can pay for software on a ProCard for amounts up to $1,000. Low dollar software is generally less risky and often requires acknowledgement of the license via a click through agreement. These agreements should be reviewed by the software purchasers to make sure that they understand the terms of compliance.
- For Purchases Greater than $15,000
Schools’ and departments’ purchasing requisitions are routed to the Purchasing Office for approval. All supporting documents, such as quotations or exclusive acquisition justifications, must be forwarded to the department’s buyer team in the Purchasing Office. In addition, a Software License Intake Form must be completed and forwarded to the Business Contracts Office. Payment must be completed with a *DEFINE VP1 document.
- No-Charge Software
A Software License Intake Form must be completed and forwarded to the Business Contracts Office. If the software provider requires a Software License Agreement, it must be reviewed and approved by the Business Contracts Office.
C. Software License Intake Form
The form provides the Business Contracts Office with the necessary information regarding the planned use of the software in order to determine if additional review and approval is required by other university offices such as:
- Information Security Office (security)
- Office of Community Engagement and Diversity (accessibility)
- Legal Affairs (privacy)
- Purchasing Office
D. Software License Agreement (SLA) Processing
- Departments review the license and confirm that they are able to comply with the business terms of the SLA (e.g., user restrictions, supplier access, intellectual property, and renewal procedures). Any anticipated issues should be noted on the Software License Intake Form. Forward the completed Software License Intake Form and any Software License Agreement to the Business Contracts Office.
- The Software License Agreement is reviewed in accordance with a checklist of requirements provided by the UT System Office of General Council. Based on the review, a determination is made regarding terms and conditions that must be negotiated with the software provider.
- The Business Contracts Office determines if there are additional reviews/approvals required and makes arrangements to initiate those processes if necessary.
- When all requirements have been met and the Software License Agreement terms and conditions are finalized with the software provider, the Software License Agreement is reviewed and signed by the Business Contracts Administrator.
- The Software License Agreement must be fully executed by both the University and the software manufacturer prior to issuing a purchase order.
E. Payments for Renewal and Maintenance Fees
Subsequent invoices for periodic renewals, maintenance fees, and other charges associated with the license are to be paid on a *DEFINE VP2 document using the original Software License Agreement as supporting documentation. No additional purchase order or purchasing justification is required. If the Licensor requires a signed document for the renewal/maintenance, the document must be reviewed and signed by the Business Contracts Office. If there is no approved Software License Agreement associated with the charges, the department issues a purchase order and makes payment on a *DEFINE VP1 document.
G. Donated Software
Software that is being donated to the university must be reviewed by the Development Office to determine how the donation is to be valued and recognized. Donated software does require a Software License Intake Form to be completed to determine if additional reviews and approvals are required. If the software provider requires a Software License Agreement, it must be reviewed and approved by the Business Contracts Office.