This article originally appeared in the January 2003 issue of The Rational Edge E-zine on-line magazine, copyright 2002-2003 IBM and Max Wideman.

The Rational Unified Process (RUP) is a rigorous software development process advocated by the Rational Software Corporation.

The downloadable PDF file of the paper on this site is the one prepared by the Rational Edge editorial staff with the special assistance of Ms Marlene Ellin.

Published here September, 2003.

PART III | Recap | Variables Involved in Forming a Contract
Selecting the Optimum Form and Type for Your Contract
Negotiating a Warranty | PART V


In Part I of this series, we identified the gap between the expectations of traditional procurement specialists and the realistic needs of the software development community and introduced a new "progressive acquisition" approach that can help bridge this gap.

Part II provided a high-level description of how to modify the traditional contracting process to fit a progressive acquisition model that meets the needs of both acquirers and suppliers in a simplified scenario. We walked through the process of obtaining a system, software product, or software service,[1] through legal contract[2] from an independent supplier.

In Part III we began looking at what actually goes into a contract, examining basic elements required for an effective contract and hurdles that tend to get in the way of constructing such a contract. We also looked at specific content required for the contracting approach we suggested in Part II, and the reasons most companies use a centralized acquisitions approach. Now, in Part IV, we will describe the variables that govern contract formulation[3] and then discuss how to choose the best form and type of contract to accommodate particular contract conditions.

Part III  Part III

1. ISO/IEC 12207 International Standard, Section 3: Definitions.
2. Software Acquisition Capability Maturity Model, 1999: Appendix B: Glossary of Terms.
3. NOTE: This article is not intended to offer definitive legal recommendations and advice, since these vary from country to country and jurisdiction to jurisdiction. In practice, all contract wording, whether "boiler plate" or specific to a contract, should be reviewed by competent acquisition personnel or legal advisors. For a detailed discussion of contract law refer to appropriate legal texts on the subject that are relevant to the governing jurisdiction.
Home | Issacons | PM Glossary | Papers & Books | Max's Musings
Guest Articles | Contact Info | Search My Site | Site Map | Top of Page