CONTRACTING IN INDIANA: ERRORS & OMISSIONS. Kevin C. McDowell Deputy Attorney General Advisory & ADR Services. Numbers People Watch. Contracts Reviewed Rejected Percentage 2010-2011 5,848 86 1.5% 2009-2010 6,633 156 2.4 %
Kevin C. McDowell
Deputy Attorney General
Advisory & ADR Services
2010-2011 5,848 86 1.5%
2009-2010 6,633 156 2.4 %
2008-2009 6,626 134 2.0 %
2007-2008 6,774 212 3.0 %
FROM 7/01/2010 TO 6/30/11: 86 Contracts
Exhibits/Attachments 21 24 % (20% in 09/10)
Signature Error 19 22 % (17%)
Boilerplate Error 12 14 % (14%)
Miscellaneous 10 12 % ( 1%)
Payment Error 7 8 % (16%)
Expired Contract 6 7 % ( 0%)
Term Error 5 6 % (10%)
Reference Error 5 6 % ( 1%)
Contractor’s Name 2 2 % ( 4%)
Consideration Error 1 1 % ( 1 %)
I.O.T. Must Be Addressed In Some Fashion In Every Contract:
Use The Current Templates and Boilerplates. Former Versions Will Not Contain All The Required Recitals.
$. Written Monetary Figure Must Match
$. Monetary Figures Must Add Up.
$. How The Monetary Figure Was Determined Must Be Ascertainable (Where Necessary).
$. Contract Should Indicate Amount Not To Be Exceeded.
* Contract is Not Effective Until O.A.G. Approves;
* Using Last Agency Signature Typically Reduces Time Frame for Completion of Work by Contractor.
Although Not Part of the Contract, the EDS Form Is An Indication of Agency Intent. There Can Be Problems:
Form Approval. Consider Form Approval Where There will Be A Substantial Number of Similar Contracts Being Executed In A Given Program Year.
Pre-Review. Consider Pre-Review by D.O.A. and O.A.G., Especially Where, During the Negotiation Process, It Appears Significant Modifications May Occur to the Templates or Boilerplate Provisions.
Statement of Work (S.O.W.). Be More Careful in Crafting S.O.W. Payment Method, Progress Milestones, Benchmarks, and Similar Matters Need to be Detailed. S.O.W. Has Increasingly Become More Generally Stated, Which Creates Risks.
RFP As Exhibit/Attachment. Where the RFP Will Be An Attachment or Exhibit to a Contract, Pull Out Irrelevant Material.
Multiple Signatures. When Multiple Signatures Are Requested, Please Clearly Indicate Where Such Multiple Signatures Are to Be Affixed.
When Contacting O.A.G.’s Contract Administrator (That Means “Alice”) to Locate A Contract or Find Out Its Status, Provide the EDS Number. We Do No Track Contracts by Vendor, Agency, or $$. We Track By the EDS Number.