Checklist for Contract Review
Suggested Checklist for the Review of Personal, Professional, Consulting, and Social Services Contracts.
A. Minimum Contract Content:
- Contains appropriate original (not a signature stamp) signatures of agency and contractor.
- Contains appropriate approvals, including but not limited to:
- Civil Service, unless exempted by Civil Service. (See Civil Service Exemptions.). (LAC 34.V.2521.G.1) Revised 6/11/2014;
- Attorney General, and concurred with by Office of General Counsel if it is for legal services. (LAC 34.V.2521 G.2);
- Legislative Auditor, if agency related financial auditing services are involved;
- Higher Education Boards, if applicable;
- Procurement Support team, for certain consulting and data processing services RFPs and subsequent contracts;
- Office of Technology Services - Telecommunications, if the contract contains any telecommunication services; etc.
- Contains a date upon which the contract is to begin and upon which contract will terminate.
- Contains a description of the work to be performed including goals and objectives, deliverables, performance measures and a monitoring plan.
- Contains a maximum amount and schedule of payments to be made.
- Contains an itemized budget if it is a cost reimbursement contract.
- Contains a description of reports or other deliverables to be received, when applicable.
- Contains a schedule when reports or other deliverables are to be received, when applicable.
- When a contract includes travel and/or other reimbursable expenses, it contains language to effect the following:
- Travel and other reimbursable expenses constitute part of the total maximum payable under the contract, or
- No more than ($_________) of the total maximum amount payable under this contract hall be paid as reimbursable expenses, and
- Travel expenses shall be reimbursed in accordance with Division of Administration Policy and Procedure Memorandum 49 (The State General Travel Regulations).
- Contains the responsibility for payment of taxes, when applicable.
- 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.
- 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).
- Contains an assignability clause.
- Contains required anti-discrimination language (ADA).
- Contains appropriate language if key internal controls have been outsourced.
- 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:
The Office of State Procurement, Professional Contracts must verify funding availability, at least for the first fiscal year of the contract prior to final approval. See the links below for instructions on how to prepare a form BA-22 and for a sample form which must be used by state agencies or you may contact your agency's budget office for additional information.
The following are sample letters prepared by Office of State Procurement (OSP), Professional Contracts as a guide for using agencies.
- Sample Letter of Justification for Late Contract Submittal
- Contracts should be submitted prior to their effective dates. No contract shall be approved which has been submitted 60 days after its effective date, unless written justification is provided by the using agency and approval is granted by the Director of OSP or her designee. This sample is the minimum requirement for the Office of State Procurement's consideration of a contract's late submittal. (LAC 34.V. 2521 (A))
- Sample Letter of Justification for Multi-Year Contract
- This sample document contains minimum language for justifying a contract that will extend beyond twelve months.
- Sample Letter of Justification for Late Contract Submittal
Below is a sample board resolution. When a contractor is a corporation, either for-profit or non-profit, a formal, dated board resolution must be secured and attached to the contract indicating that the signatory is a corporate representative and authorized to sign said contract. This resolution should be no more than 2 years old.
MEETING OF THE BOARD OF DIRECTORSOF
A meeting of the Board of Directors of (CORPORATION'S NAME) was held on (DATE), whereby a resolution was passed authorizing (NAME AND TITLE OF THE INDIVIDUAL AUTHORIZED TO SIGN ON BEHALF OF THE CORPORATION) by his signature, to enter into any and all contractual obligations on behalf of this corporation.
Secretary and/or Chairman
Affidavit which has been filed with the Secretary of State's Office if contractor is a for-profit corporation whose stock is not publicly traded.
Click this link to download the Disclosure of Ownership form from the SoS's website.
If this form is unavailable, please notify and request guidance from the firstname.lastname@example.org helpdesk.
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:
- Has adequate financial resources for performance, or has the ability to obtain such resources as required during performance.
- Has the necessary experience, organization, technical qualifications, skills, and facilities, or has the ability to obtain them (including probable sub-contractor arrangements).
- Is able to comply with the proposed or required time of delivery or performance schedule.
- 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.
- Is otherwise qualified eligible to receive an award under applicable laws and regulations.
- On subcontracting, it has been established that contractor's recent performance history indicates acceptable subcontracting systems; or, major subcontractors have been determined
by the head of the submitting agency to satisfy standard.
D. Performance Evaluation
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.