OSP Professional Contracts

Checklist for Contract Review

Suggested Checklist for the Review of Personal, Professional, Consulting, and Social Services Contracts.

A. Minimum Contract Content:

1. Contains appropriate original (not a signature stamp) signatures of agency and contractor.
2. Contains appropriate approvals, including but not limited to:
   1. Civil Service, unless exempted by Civil Service. (See Civil Service Exemptions.). (LAC 34.V.2521.G.1) Revised 6/11/2014;
   2. Attorney General, and concurred with by Office of General Counsel if it is for legal services. (LAC 34.V.2521 G.2);
   3. Legislative Auditor, if agency related financial auditing services are involved;
   4. Higher Education Boards, if applicable;
   5. Procurement Support team, for certain consulting and data processing services RFPs and subsequent contracts;
   6. Office of Technology Services - Telecommunications, if the contract contains any telecommunication services; etc.
3. Contains a date upon which the contract is to begin and upon which contract will terminate.
4. Contains a description of the work to be performed including goals and objectives, deliverables, performance measures and a monitoring plan.
5. Contains a maximum amount and schedule of payments to be made.
6. Contains an itemized budget if it is a cost reimbursement contract.
7. Contains a description of reports or other deliverables to be received, when applicable.
8. Contains a schedule when reports or other deliverables are to be received, when applicable.
9. When a contract includes travel and/or other reimbursable expenses, it contains language to effect the following:
   1. Travel and other reimbursable expenses constitute part of the total maximum payable under the contract, or
   2. No more than ($_________) of the total maximum amount payable under this contract hall be paid as reimbursable expenses, and
   3. Travel expenses shall be reimbursed in accordance with Division of Administration Policy and Procedure Memorandum 49 (The State General Travel Regulations).
10. Contains the responsibility for payment of taxes, when applicable.
11. Contains the circumstances under which the contract can be terminated either with or without cause and contains remedies for default. Must contain 30 day termination at convenience of the state unless justified and approved by the Director of the Office of Professional Contracts.
12. Contains a statement giving the Legislative Auditor and the Division of Administration Auditors the authority to audit records of the individual(s) or firm(s).
13. Contains an assignability clause.
14. Contains required anti-discrimination language (ADA).
15. Contains appropriate language if key internal controls have been outsourced.
    • See Guidelines for Outsourcing Key Internal Controls
16. Contracts awarded through a Request for Proposals process must contain additional information and documentation when submitted to OSP. See Procedures for Submitting Contracts Awarded through the Request for Proposals Process

B. Additional Attachments which are required by the Office of State Procurement, Professional Contracts for Contract Submittal:

Resume for Consultants.

Advance payment justification from non-profit contractor and approval by the agency with a statement that this is the most cost effective way of obtaining the services as well as a recoupment schedule.

Information and documentation if contract was awarded through the Request for Proposals process.

C. Determination of Responsibility of Contractor:

If a contract for consulting services is for $75,000 or more, or for social services for $250,000 or more per a 12 month period, the head of the submitting agency has prepared, signed and placed in the contract file a statement of the facts on which a determination of responsibility was based.  Factors to consider are:

1. Has adequate financial resources for performance, or has the ability to obtain such resources as required during performance.
2. Has the necessary experience, organization, technical qualifications, skills, and facilities, or has the ability to obtain them (including probable sub-contractor arrangements).
3. Is able to comply with the proposed or required time of delivery or performance schedule.
4. Has a satisfactory record of integrity, judgment and performance.
   NOTE: Contractors who are seriously delinquent in current contract performance, considering the number of contracts and the extent of delinquencies of each, shall, in the absence of evidence to the contrary or compelling circumstances, be presumed to be unable to fulfill this requirement.
5. Is otherwise qualified eligible to receive an award under applicable laws and regulations.
6. On subcontracting, it has been established that contractor's recent performance history indicates acceptable subcontracting systems; or, major subcontrac​tors have been determined
   by the head of the submitting agency to satisfy standard.

D. Performance Evaluation

Click here to download the Contract Performance Evaluation form.

A performance evaluation for every personal, professional, consulting or social service contract shall be prepared by the using agency in accordance with Louisiana Revised Statutes Title 39:1569.1. The performance evaluation shall be retained by the using agency for all contracts approved under delegated authority.
For all other contracts, the performance evaluation shall be submitted to the Office of State Procurement (OSP), Professional Contracts within 60 days after the completion of performance and no contract may be entered into by any using agency with any contractor for which a delinquent final evaluation report remains outstanding.

Additionally, the using agency shall submit final evaluation reports for contracts greater than or equal to $250,000 to the Legislative Auditor.

Please be sure to include the Professional Contract # and CFMS # on the report.