Contract Administration Skills

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Contract Administration Skills

• A verbal contract isn't worth the paper it's
  printed on.
• -Samuel Goldwyn

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Welcome

• Name?
• Where do you work?
• How are you connected to Contracts?
• What is your favorite ice cream?

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Reference Packet
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Consultant Services Web Site

• www.dot.state.mn.us/consult
• THE GREAT WEB TREASURE HUNT

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Scope of Services

• First things first
• Every good contract begins with a good
  Scope of Services.

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Scope of Services

• What are some characteristics of a good Scope of
  Services?

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Scope Hints

• 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!

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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.

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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.

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Scope Exercise

• Be sure to check for the 4 Cs
• Clear
• Concise
• Complete
• Correct

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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!

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Contract Process Choices

• So many optionswhich one will I choose?

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Process Choices

• Direct Select
• Annual Plan
• Informal RFP lt 25K
• Informal RFP gt 25K lt 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 lt 100K
• Pre-qualified gt100K lt 800K
• Pre-qualified gt 800K

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Direct Select - lt 5K

• Key points to remember
• No Certification Form
• Do not write multiple contracts for the same
  Contractor under 5K

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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

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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

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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

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Formal RFP - gt 100K

• Key points to remember
• Certification Form
• Public Notice (15 business days)
• Sealed proposals REQUIRED
• Best Value Selection
• Over 50K need pre-award

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Certified List Direct Select

• Key points to remember
• Only used for Market Research and
  Asbestos/Regulated Waste
• Standing Certification Form

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Certified List - RFP

• Key points to remember
• Only used for Market Research and
  Asbestos/Regulated Waste
• Best Value Selection
• Standing Certification Form

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T-Contract Work Order

• Key points to remember
• NO more T-CONTRACTS!

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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

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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

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Interagency

• Key points to remember
• Contract with another State agency
• NO Certification Form
• Two signatures (each agency)
• NOT Met Council or University of Minnesota

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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

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Pre-qualified lt 100K

• Key points to remember
• Certification Form
• Spread the work around
• All subcontractors must be pre-qualified
• Must obtain approval of selection

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Pre-qualified gt 100K lt 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

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Pre-qualified gt 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

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Federal Posting Times

• Please check your reference packet for required
  posting times for Federal funded contracts!

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Flow Chartswww.dot.state.mn.us/consult

• Flow charts are on the web!
• Call the HELP DESK if you need guidance
  651-297-7505

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Process Exercise
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Process Exercise

• Its the old Pass the Envelope exercise!

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Hands-On Training

• Work with Consultant Services to establish
  correct Work Types!
• Call John Kellerman at [phone] to obtain
  Mn/DOT Contract Number

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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.

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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

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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!

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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

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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

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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

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Hand-On Training

• Negotiations
• Finalize scope
• Schedule
• Team
• Deliverables

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Hand-On Training

• Project Authorization Form
• TC08
• Fill out and send to Artemis Coordinator

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Write the Contract
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Hands-On Training

• Contract High Risk
• Contract Administrator will fill out the Special
  Terms

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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.

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Hands-On Training

• Exhibits
• Scope
• Budget
• Invoice
• Progress Report
• Key Personnel

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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.

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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

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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.

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Signature Routing

• Consultant Services will route for signatures.
  Once fully signed, CS will send back to the
  Contract Administrator.

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Hands-On Training

• Notice to Proceed
• Contract Administrator will send fully executed
  contract to the Contractor with the Notice to
  Proceed Letter.
• Other copies
• -2 to Project Accounting MS 215
• -1 to Project Manager

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FILE DOCUMENTATION

• See Reference Packet

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Questions Discussion
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Class Evaluations