Contract Administration Skills A verbal contract isn't worth the paper it's printed on. -Samuel Goldwyn
Welcome Name? Where do you work? How are you connected to Contracts? What is your favorite ice cream?
Consultant Services Web Site www.dot.state.mn.us/consult THE GREAT WEB TREASURE HUNT
Scope of Services First things first: Every good contract begins with a good Scope of Services.
Scope of Services What are some characteristics of a good Scope of Services?
KISS State the obvious Eliminate “gray” areas Use “will” or “must” instead of “shall” Declarative sentences Avoid lists Use outline format No legalese Just say no to added risk and responsibility No technical jargon Avoid ambiguity Avoid judgmental terms Focus on the WWWWH 20-30 word sentences Eliminate prepositions Say it once Use active voice Use 4 eyes! Scope Hints
Scope Exercise • Read scenario/submittal from the Project Manager • With a partner, write down what additional information you might need from the Project Manager to write a good Scope of Services.
Scope Exercise • Ask the Project Manager questions. Record your answers to help you write your scope. • Armed with the information from the Project Manager, write a Scope of Services for this project. • Use outline format, and no more than 2 pages long.
Scope Exercise Be sure to check for the 4 Cs: Clear Concise Complete Correct
Scope Exercise The eyes have it! Switch scopes with at least two people. Be prepared to present an idea or opinion about what you have read!
Contract Process Choices So many options…which one will I choose?
Direct Select Annual Plan Informal RFP < $25K Informal RFP > $25K < $100K Formal RFP Certified List Direct Select Certified List RFP T-Contract Work Order Single Source Joint Powers Interagency DOA Master Roster & Master Contract Pre-qualified Direct Select < $100K Pre-qualified >$100K & < $800K Pre-qualified > $800K Process Choices
Direct Select - < $5K Key points to remember: • No Certification Form • Do not write multiple contracts for the same Contractor under $5K
Annual Plan - $5K per year per Contractor Key points to remember: • No Certification Form • Check with Contract Management (Jim Cownie) before writing • Usually used for training, seminars, and workshops
Informal RFP - $5K to $25K Key points to remember: • Certification Form • No Public Notice Required • 10 affirmative responses required if no Public Notice (recommend Public Notice) • Best Value Selection
Informal RFP - $25K - $100K Key points to remember: • Certification Form • Public Notice (10 business days) • Sealed Proposal NOT required • Best Value Selection • Over $50K – need pre-award
Formal RFP - > $100K Key points to remember: • Certification Form • Public Notice (15 business days) • Sealed proposals REQUIRED • Best Value Selection • Over $50K – need pre-award
Certified List – Direct Select Key points to remember: • Only used for Market Research and Asbestos/Regulated Waste • Standing Certification Form
Certified List - RFP Key points to remember: • Only used for Market Research and Asbestos/Regulated Waste • Best Value Selection • Standing Certification Form
T-Contract Work Order Key points to remember: • NO more T-CONTRACTS!
Single Source Key points to remember: • Good idea to run it by Consultant Services before the Contractor is contacted • Certification Form • Single Source Justification Form • Over $50K – need pre-award
Joint Powers Key points to remember: • Contract with city, county, school district, U of M, other states, or governmental entities • One party may exercise common power on behalf of other party • Certification Form • Single Source Justification Form • Over $50K need pre-award
Interagency Key points to remember: • Contract with another State agency • NO Certification Form • Two signatures (each agency) • NOT Met Council or University of Minnesota
DOA Master Roster & Master Contract Key points to remember: • For information technology projects up to $2 million • Uses special forms (on contract management web site) • Direct selection up to $25K • Limited to vendors on the list
Pre-qualified < $100K Key points to remember: • Certification Form • Spread the work around • All subcontractors must be pre-qualified • Must obtain approval of selection
Pre-qualified > $100K & < $800K Key points to remember: • Certification Form • Public Notice soliciting Letters of Interest (10 business days) • Selection Committee • Must obtain approval of selection • All subcontractors must be pre-qualified
Pre-qualified > $800K Key points to remember: • Certification Form • Public Notice soliciting Letters of Interest (10 business days) • Selection Committee short lists 3-5 firms • RFP to short-listed firms • Best Value Selection – same committee • Must obtain approval of selection • All subcontractors must be pre-qualified
Federal Posting Times Please check your reference packet for required posting times for Federal funded contracts!
Flow Chartswww.dot.state.mn.us/consult Flow charts are on the web! Call the HELP DESK if you need guidance: 651-297-7505
Process Exercise It’s the old “Pass the Envelope” exercise!
Hands-On Training Work with Consultant Services to establish correct Work Types! Call John Kellerman at (651) 296-6519 to obtain Mn/DOT Contract Number
Hands-On Training CPS Form Encumbrance Form Certification form (with Scope) Pre-Qualification Announcement (Over $100K) Fill out and forward to Consultant Services with Consultant Coordinator signature.
Consultant Services will: • Update Consultant Agreement Reporting and Tracking) CART • Return CPS to Administrator • Route Certification Form for signatures • Return signed Certification Form to Administrator
Hands-On Training Contract Administrator will: • Solidify dates in announcement • Email announcement to Melissa McGinnis so she can post it on the Web – be sure to include Mn/DOT Contract number!
Hand-On Training Selection Committee-Approval of Committee Selection Committee - Conflict Of Interest Selection Committee – Rating Form During 10 day LOI period, CA will: • Organize Technical Selection Committee • Obtain approval of Committee from Dick Stehr • Accept Letters of Interest • Schedule Selection Committee meeting
Hands-On Training Contract Administrator will: • Compile a list of firms that submitted a LOI • Review the list to verify Pre-qualified status • Forward the list via email to Brad Hamilton • Request any documentation needed from Consultant Services
Hand-On Training Selection Committee – Ranking Form Selection Approval Memo Selection Committee –Successful Respondent Letter Selection Committee –Unsuccessful Respondent Letter Contract Administrator will: • Conduct Selection Committee meeting • Email Brad Hamilton the name of selected Consultant • Send out letters to selected and non-selected firms • Obtain approval of selection from Dick Stehr
Hand-On Training Negotiations • Finalize scope • $$$ • Schedule • Team • Deliverables
Hand-On Training Project Authorization Form “TC08” Fill out and send to Artemis Coordinator
Hands-On Training Contract – High Risk Contract Administrator will fill out the Special Terms
Hands-On Training General Terms Attach the General Terms to the Special Terms. Make sure that you add a header! The Signature Page goes after the General Terms and before the Exhibits.
Hands-On Training Exhibits Scope Budget Invoice Progress Report Key Personnel
Hands-On Training Contract Review Locate the Contract Check List from the web site and check it against your contract. Send the Contract to Consultant Services for review.
Hands-On Training Contract Routing Signature Letter - Contractor Contract Administrator will: -Make changes/corrections to the contract -Make 5 copies – front page YELLOW – -Send with cover letter to the Contractor for signature
Hands-On Training Contract Routing When the contract comes back signed, the Contract Administrator will: - Check to make sure that signatures are correct (see hand-out) - Send all 5 copies with a copy of the Certification Form, Announcement, fully filled out Encumbrance Form, and TC08 to Dalia Jorge in Consultant Services.
Signature Routing Consultant Services will route for signatures. Once fully signed, CS will send back to the Contract Administrator.