3 Replies Latest reply: Apr 30, 2013 12:53 PM by John Leino RSS

Best practice question: Including NDA (non-disclosure agreement) in the RFx process

Nancy Beltran Journeyman
Currently Being Moderated

Curious as to what whether other firms are including a NDA form (non-disclosure agreement) during the RFx process.  Has anyone required the supplier download, sign and attach the NDA as a response to the RFx?

 

Anyone that can share general best practice around the topic of NDA's is greatly appreciated.

 

Happy Holidays!

 

 

Nancy

  • Re: Best practice question: Including NDA (non-disclosure agreement) in the RFx process
    Susan Cunningham Expert
    Currently Being Moderated

    Hello Nancy,

     

    Yes...we are currently requiring, for all RFxs, that a mutual NDA be executed and uploaded as a response to a prerequisite - gate/question...in our RFxs.  We send a PDF version, pre-signed by us, to the participants in an introduction email a few days prior to publishing the event.  In this email we provide an overview of the upcoming event, general Ariba instructions, and a copy of the NDA and inform them they must execute an answer in prerequisites before they gain access to the event.  We also provide a copy in the event itself as a reference document.   When they upload their response, we have the question set for requires owner approval, so we can make sure they have uploaded a fully executed document before allowing them to proceed. 

     

    We are working with our legal to incorporate our NDA into the curren bidders agreement so there will only be a "click" approval....but we aren't quite there yet.  This will save us a great deal of additional steps once it is implemented...it is a goal for us to achieve the first half of this year (2013). 

     

    Hope this helps!

    Happy New Year!

     

    Susan

    • Re: Best practice question: Including NDA (non-disclosure agreement) in the RFx process
      John Leino Novice
      Currently Being Moderated

      We're doing essentially the same thing with the NDA question created as an access gate requiring approval before advancing to the RFP.

       

      One challenge I've had is preventing visibility to the event content until the access gate is met. It seems to hide Questions but not Requirements. Frankly I want to hide the requirements b/c they contain the confidential information I need the NDA for.

       

      The directions in the PD state:

       

      "If you are designing your event with access gate questions, you can hide content from participants until they have cleared the access gate. Set Visible to Participants to Yes, after access gate is cleared for all content items you want to hide until participants are allowed into the event. If you have access gate questions, but no content is set to be hidden, then participants can see the event content even if they have not cleared the access gate."

       

      I don't see an option to allow visibility after gate is cleared; just Yes/No to visible to participants. Making it more confusing, the information icon displays a similar message as the PD.

       

      (We've created a visibility condition at the section level and tied it to a confirmation question high in the event content. Once bidders pass the gate they then have to indicate acceptance to terms for the RFP before they can see the requirements. Since questions are hidden, this 'secondary gate' meets our need, albeit I'm sure there is a better way)

  • Re: Best practice question: Including NDA (non-disclosure agreement) in the RFx process
    Rostislav Oklestek Expert
    Currently Being Moderated

    Hi Nancy,

     

    we incorporated the NDA to the Supplier Profile Questionnaire (SPQ). Suppliers download the empty document from the SPQ which should be then filled in, signed, scanned and attached back to the SPQ question. Once supplier answered all questions and attached all documents to the SPQ, the NDA is then (together with other documents and questions) verified and the supplier approved/rejected by defined Approver. Then the approved supplier can be invited to RFPs.

     

    Best regards,

    Rostislav.

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