The process of conducting procurements, for instance in terms of purchases, is a vital part of the practical execution of projects. JAMK is a public procurement unit; therefore we follow the Act on Public Procurements (2007/348) in our procurement processes.
The term ‘procurement’ means the buying, renting and contracting out of goods and services. Part-payment transactions, leasing contracts and option contracts are also regarded as procurements. Procured extra work is also a procurement, but one that is subject to competition.
Procurements should be conducted while observing the following guidelines and decrees:
- JAMK procurement guidelines
- Procurement Act
- Procurement decree
Further information about procurements and the JAMK procurement guidelines, along with various templates are available on the intranet. The JAMK procurement guidelines are available only in Finnish at the moment.
During the planning stage, and by the point at which the project is launched at the latest, you will come across various contracts and the issue of how to compile contracts.
A good contract clearly defines the tasks and responsibilities of the various actors who are involved. If you specify exactly what must be done, you also make sure that the contract will be executed properly. A good contract is simple and clear (compare with the Anglo-American super-size contracts). The task of a good contract is to prevent disputes and arguments. A good contract should provide answers to problem situations.
Read contracts carefully. If something remains unclear, check it and sign only after you have understood everything.
In contractual issues the expert lawyer, Annukka Akselin, can help you. You can find further information about solicitor services for project activities on the intranet, where you can also find pre-built contract templates.
General principles followed in JAMK’s contracts:
- The terms and conditions of the contract may not restrict the use of the output in the later RDI activities or in teaching in JAMK. The precondition should be that the rights for background materials will be given to outsiders only for the duration of the project, for the purpose of carrying out project measures.
- The contract may not cause unpredictable risk of compensation for JAMK. It is recommended that a limitation of liability clause be added to contracts.
- All cooperation partners should be treated equally and fairly.
- Laws and other decrees must be followed.
- In the choice of legislation in contracts we use the laws of Finland, and the general court of first instance (Central Finland District Court) as the place of jurisdiction.
- Specify in the JAMK’s management system who is responsible for making decisions concerning contracts and who has the right to sign contracts.