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Foul or No Foul: When a Referee is Needed for your Contract

Foul or No Foul: When a Referee is Needed for your Contract. Presented by Valerie S. Deloach, CPPO, CPPB, VCO Contracts Compliance Officer . Foul or No Foul. Are you the referee for your contract?. Foul or No Foul. Non Compliance Issues in your contract may

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Foul or No Foul: When a Referee is Needed for your Contract

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  1. Foul or No Foul: When a Referee is Needed for your Contract Presented by Valerie S. Deloach, CPPO, CPPB, VCO Contracts Compliance Officer

  2. Foul or No Foul Are you the referee for your contract?

  3. Foul or No Foul Non Compliance Issues in your contract may seem very easy to detect. Some of the issues may be: • Poor Quality • Not Meeting Specification • No Delivery/ Partial Delivery

  4. Foul or No Foul • Review your contract • Meet with your Contract Administrator • Compile factual data to communicate the deficiency • Determine how critical the need of the service or commodity • Contact Supplier ( Informal )

  5. Case Study 1

  6. Case Study 1 SeCelia’s college was giving a back to school cook-out for all students that were living on campus on August 19th. The vendor she hired to cater the event was Fire Pit Barbeque. They arrived on time; however, they were asked to cease their operations after a few hours of operation. Under $5000 Quick Quote

  7. No Foul Always collect supporting documentation when you are making a claim against a vendor.

  8. Foul or No Foul • ar·bi·trar·y • 1. subject to individual will or judgment without restriction; contingent solely upon one's discretion: an arbitrarydecision. • 2. decided by a judge or arbiter rather than by a law or statute. • 3. having unlimited power; uncontrolled or unrestricted by law; despotic; tyrannical: an arbitrary government. • 4. capricious; unreasonable; unsupported: an arbitrary demand for payment.

  9. Case Study 2

  10. Case Study 2 Case Study 2 VCE ordered poplin material for its manufacturing department in Jan. This material will be used to make T- Shirts. The vendor is late on delivery. The contract requires a certain amount on hand. Vendor doesn’t know when they can get product. Consider in your response : Force majeure, Act of God Plant closure

  11. FOUL The response from the vendor (cure) must be verified as viable………

  12. Case Study 3

  13. Case Study 2 Case Study 3 An agency was receiving many calls concerning a sub contractor. ABC subcontractor of a prime ( general) contractor on a State contract was not paying their subcontractors. The contract with the general contractor was for several million dollars. Consider the state’s role with subcontractor

  14. FOUL General Contractors must notify their subcontractors within 7 days

  15. Case Study 4

  16. Case Study 2 Case Study 4 A cleaning company for a high security agency had an employee to call out of work. The company decided to use another employee to complete the cleaning job. The cleaning was done by a person that had been used before per the contractor. Consider the specifications

  17. FOUL Spec.s must be clear and concise concerning High Security Areas

  18. Foul or No Foul • Send formal complaint to vendor in a timely fashion • Copy Contact Compliance Officer on all correspondence after formal complaint begin • Write/ Address complaint to vendor • Send response of acceptance or rejection of their cure • Follow Non-Compliance process • Keep Good Files • Contact your legal team on issues that may result in law suites • All records may be reviewed by vendor -FOIA request

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