5 Part 5: V-Modell Reference Work Products

5.3 Products

5.3.6 Acquisition and Contracting

5.3.6.6 Contract

Process module: Drafting and Conclusion of Contract (Acquirer)

Responsible: Executive (when using process module Drafting and Conclusion of Contract (Acquirer))

Participating: Project Leader, Purchaser, Controller, Requirements Engineer (Acquirer)

Purpose

The »Contract is the legal basis for the performance of services on the side of acquirer and supplier and regulates their cooperation. For public acquirers, there are prespecified contract terms, e.g., »EVB-IT and »BVB, which must be used and developed as required. In case of a public »Request for Proposal, is is sufficient to use the request for proposal and the selected »Offer as contract.

Is generated by

Project Manual, Make-or-Buy Decision (see product dependency 4.29)

Generates

Statement of Acceptance, Evaluation Report Delivery, Evaluation Specification Delivery (see product dependency 4.30)

Depends on

Requirements Specification, Request for Proposal, Contract Addendum (see product dependency 5.50)

External Hardware Module Specification, External Software Module Specification, External Unit Specification, Request for Proposal, Contract Addendum (see product dependency 5.53)

Project Plan (see product dependency 5.54)

5.3.6.6.1 Contract - Legal and Commercial Clauses and Conditions

The legal and commercial contract portion includes the legal conditions, e.g., general terms and conditions of business or - in case of a public acquirer - regulations as »EVB-IT, »BVB and »VOL, terms of guarantee and warranty, licensing agreements, provisions for the passing of ownership, warnings, cautions and notes, regulations in accordance with the law supervising prices and place of jurisdiction.

In addition, this contract portion includes commercial provisions, e.g., specifications on the type and level of prices, terms and dates of payment, and a price calculation.

5.3.6.6.2 Annex 1: Requirements Regarding (Sub-)System

This annex includes the requirements regarding the (sub-)system to be developed and the acceptance criteria. If the contract for the overall system is to be awarded, the »Annex includes the »Requirements Specification; if a subcontract is to be awarded, the annex comprises the »External Unit Specification, the External Hardware Module Specification or the External Software Module Specification.

5.3.6.6.3 Annex 2: Contract-Relevant Parts of the Project Manual (Supplier)

The supplier contributes parts of his Project Manual to the »Contract. These parts shall include at least the implementation of the specifications in accordance with »Annex 2: Directives for the Project Manual (Supplier), which were required of the supplier in the »Request for Proposal.

5.3.6.6.4 Annex 3: Contract-Relevant Parts of the QA Manual (Supplier)

The supplier contributes parts of his »QA Manual to the »Contract. These parts shall include at least the implementation of the specifications in accordance with »Annex 3: Directives for the QA Manual (Supplier), which were required of the supplier in the »Request for Proposal.