PUBLIC PURCHASING IN FLORIDAPOST AWARD PROCESSES(REV. 09/07/05)

POST AWARD PROCESSES

PURCHASE ORDER/CONTRACT FILE

PURCHASE ORDER/CONTRACT FILEAgencies must maintain a contract file for each contract.The file must include, but not be limited to [s.287.042(3)(e) FS]:All pertinent information relating to the contract during preparatory stages.A copy of the solicitation & related documents.

PURCHASE ORDER/CONTRACT FILEThe file must include, but not be limited to (cont):Opening of bids/proposals, evaluation & tabulation.Determination and notice of award.

PURCHASE ORDER/CONTRACT FILEThe chief procurement officer of each agency shall keep a record of all purchase orders [60A-1.016(3), FAC].Each agency shall designate at least one employee as a contract administrator, who will maintain a contract file and financial information on all contractual services contracts and serve as liaison with the contract managers and the department (DMS) [287.057(16)FS].

PURCHASE ORDER/CONTRACT FILERecords will be maintained in accordance with the General Records Schedule published by the Department of State at http://dlis.dos.state.fl.us/barm/ Records will be made public in accordance with s.119.07 and 815.045, FS.

POST AWARD PROCESSESCONTRACT MANAGEMENT

CONTRACT MANAGEMENTDEFINITIONS: WHAT IS CONTRACT MANAGEMENT? CONTRACT ADMINISTRATION? COMPARE NIGP AND FLORIDA STATUTES.

CONTRACT MANAGEMENTNIGPs CONTRACT MANAGEMENT TEXTContract Management: All activity that occurs in the contracting process, i.e., all activities that take place from the establishment of the original requirement until the contract is closed out.Contract Administration: The management of all actions, after the award of a contract, that must be taken to assure compliance with the contract; e.g. , timely delivery, acceptance, payment, closing contract, etc.

FLORIDA CONTRACT MANAGEMENTS. 287.057(15): For each contractual services contract, the agency shall designate an employee to function as contract manager who shall be responsible for enforcing performance of the contract terms and conditions and serve as a liaison with the contractor. The agency shall establish procedures to ensure that contractual services have been rendered in accordance with the contract terms prior to processing the invoice for payment.

CONTRACT MANAGEMENTS. 287.057(16) Each agency shall designate at least one employee who shall serve as a contract administrator responsible for maintaining a contract file and financial information on all contractual services contracts and who shall serve as a liaison with the contract managers and the department.

CONTRACT MANAGEMENTWhat kind of document is necessary?S. 287.058(1) Every procurement of contractual services in excess of the threshold amount provided in s.287.017 for Category Twoshall be evidenced by a written agreement embodying all provisions and conditionsIn lieu of a written agreement, the department may authorize the use of a purchase order

CONTRACT MANAGEMENT Addressing the award of competitive solicitations, PUR 1001, #16: The Buyer shall issue a notice of award, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract .

CONTRACT MANAGEMENTThe notice of award may be any writing signed by the authorized agency representative, accepting the respondents offer, e.g. a letter or email of award, a purchase order, or a contract or agreement.

CONTRACT MANAGEMENTWho should manage a contract?Generally, a representative of the entity responsible for the performance to be achieved through the contract. In Florida state government, most contracts are not managed by purchasing agents, but by contract managers in program divisions, or special contract management organizations.

CONTRACT MANAGEMENTA contract managers file should contain the contract, any amendments, and all reports, complaints, and correspondence materially related to the contract

CONTRACT MANAGEMENTWhat should be considered in managing a contractors performance?Product specifications and/or service statements of work, such asDeliverables, (outputs) a definite or indefinite quantity of goods to be delivered and/or services to be performed, andPerformance (outcomes) to beattained. Performance outcomes are often time-related quantity/percentage goals.

CONTRACT MANAGEMENTScheduleBudget/Financial issues Customer Service level

Note: Performance measures, or outcomes can also apply to schedule, budget/financial and customer service issues.

CONTRACT MANAGEMENTOutputs can usually be measured easily, like the number of training seminars or case files completed each year. Outcomes may be tougher, from measuring savings or impact of a service, to determining the level of improvement to service delivery.

CONTRACT MANAGEMENTWhat is involved in contract management?Reading & understanding the contractCommunication with the contractorMaintenance of records & reportsPerformance monitoringProblem resolution/corrective actionInvoice approvalCloseout

CONTRACT MANAGEMENTREAD AND UNDERSTAND THE CONTRACT, identifyResponsibilities of the agency and the contractor (commodity specs, statement of work, obligations of the parties)PricingSchedule, especially critical eventsPerformance MeasuresRisksAnticipate requirements evolution, and impact on Specifications, Scope of Work, Cost and Term of Engagement

CONTRACT MANAGEMENTCOMMUNICATE, e.g. pre-start meeting, and appropriate level throughout. Cover the four basic elements of contract performance:Requirements, including: Outputs (Deliverables, tasks, standards/quality) and Outcomes (Performance measures).

CONTRACT MANAGEMENTSchedule: milestones, completionBudget: Contract delivered within original budget. Accuracy, adequacy and timeliness of invoices, invoice processing and payment. Financial reporting if required. Types of problems and how to handle. S. 215.422 FS requirements.

CONTRACT MANAGEMENTCustomer Service Level (communication, reliability, flexibility, problem resolution, change order negotiation, exceptions, complaints)

CONTRACT MANAGEMENTMAINTAIN RECORDS AND REPORTSContractors Reports: Specify content and frequency, by whom to whom.Contract Managers Record: Determine appropriate degree of detail required. May use spreadsheet or special software.

CONTRACT MANAGEMENTMONITOR PERFORMANCE any of 5 ways:Reports, e.g. Contractors reportsSamples: Scheduled or unscheduled samples (at quantity intervals or temporal intervals)Exceptions (complaints)Surveys of contract users/clients. Direct 100% inspection/monitoring

CONTRACT MANAGEMENTPROBLEM RESOLUTIONLowest level and least formality necessary. Speak, write, meet.Liquidated DamagesComplaints to Vendor. Copy State Purchasing with complaints. Requests for Assistance. Send to State Purchasing.Default, Cancellation and Suspension. Copy State Purchasing.Reimbursement and cure of deficiencies, Reinstatement. Notify State Purchasing.

CONTRACT MANAGEMENTPROCESS INVOICES. Review and approve if product/service billed has been delivered, or pre-payment authorized, charges are as per contract, and invoice detail is sufficient for a proper audit.

CONTRACT MANAGEMENTCLOSEOUT: Evaluation, Payment, Analysis and Lessons for the future. .

CONTRACT MANAGEMENTMAKE SURE IT GETS DONE: The contract manager is the agencys front line resource for seeing that what is supposed to happen, actually happens

POST AWARD PROCESSESCHANGE ORDERS

CHANGE ORDERSChange orders, or purchase order amendments, are not specifically addressed in Chapter 287, FS, or Rule 60A-1, FAC.Consider this content to consist of recommendations, rather than rule or law.

CHANGE ORDERSChange orders are generally of two sorts:Corrections of errors, omissions or contradictions within terms & conditions, or items/services to be delivered/performedAddition, deletion or revision of terms & conditions or items of order.

CHANGE ORDERSAll change orders are themselves potential contracts or amendments to contracts, and must be executed by an agent, typically the purchasing officer.Corrections should be made at the Purchasing Office level either upon request of the customer, or at the discretion of the purchasing officer, with concurrence of the customer. Some corrections may also require concurrence of the vendor, and other approvers in the customer organization.

CHANGE ORDERSCustomer requests for change orders should generally follow the approval requirements of the original order, unless merely corrections to errors made against what was originally authorized. Handle adequately, but not unnecessarily!

CHANGE ORDERSChange orders are instruments equivalent to purchase orders or contracts, and subject to the same requirements for competition and contract clauses. In some cases, they are covered by the steps taken in preparing the original order, and in some cases, not.

CHANGE ORDERSExample: Standard bid conditions (PUR 1000) allow additional purchases up to $25,000 within 90 days or award. Larger and/or later purchases would require new procurement processes.

CHANGE ORDERSChange orders should be within the scope of the original order, i.e. issued within the term and prior to completion of the original order, consistent with the procurement method of the original order, or appropriately reprocured, covered by the referenced contract if any, and for similar or related products/services, subject to similar terms.

CHANGE ORDERSCAUTION: Although orders may be amended by mutual consent, preserve your fiduciary responsibility and question proposed amendments which transfer risk or cost to the state.FIDUCIARY: of, relating to, or involving a confidence or trust: as (a) held or founded in trust or confidence (b) holding in trust (c) depending on public confidence for value or currency.

POST AWARD PROCESSESRECEIPT AND ACCEPTANCE

RECEIPT AND ACCEPTANCERECEIPT AND ACCEPTANCE ARE TWO DIFFERENT PROCESSES

"Receipt" of goods means taking physical possession of them. [672.103(1) FS].

Acceptance of goods occurs when the buyer, after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that the buyer will take or retain them in spite of their nonconformity. [672.606, FS. See also 672.513 abd 672,601 FS]]

RECEIPT AND ACCEPTANCEReceiving process: Count the packages and compare to the bill of lading document, and inspect for signs of possible concealed damages. Note any shortages or evidence of damages on the bill of lading, sign, and have the delivery person sign.

RECEIPT AND ACCEPTANCEReceiving process: As soon as practicable, open and inspect the contents for condition and conformity to the order.In the event of damages, preserve the packaging and contents, and contact the vendor to inform him, and for instructions on dealing with the carrier.

RECEIPT AND ACCEPTANCEReceiving process:For non-conformity to the order, contact the vendor as soon as practicable.If a partial order, authorize payment for usable portion received, if any, not less than 20 days after inspection, approval and receipt of invoice.[s.215.422(1), FS]

RECEIPT AND ACCEPTANCEThe buyer has a legal obligation to protect and preserve any goods under dispute: If the buyer has before rejection taken physical possession of goods in which he or she does not have a security interest the buyer is under a duty after rejection to hold them with reasonable care at the seller's disposition for a time sufficient to permit the seller to remove them (672.602, FS)

POST AWARD PROCESSESINSPECTION, DAMAGES & CLAIMS

INSPECTION, DAMAGES & CLAIMSClaims due to damages in shipment: Buyer must cooperate with seller in providing damaged shipment and its packaging to the carrier for inspection prior to settlement of the claim.

INSPECTION, DAMAGES & CLAIMSLiquidated damages: Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. (672.718, FS)

INSPECTION, DAMAGES & CLAIMSGeneral or Special Conditions of contracts often specify:Liquidated damages (amount and circumstances)Limitation of liabilityThese terms reflect an apportionment of risk.

POST AWARD PROCESSESRELEASING OR CALLING A BOND

RELEASING OR CALLING A BONDRELEASING A BONDTypically, bonding companies will contact you with a form requesting contract progress or completion information.Report honestly and accurately. Have the contract manager provide status in writing.

RELEASING OR CALLING A BONDDo not fully release a bonding company if its still possible to incur cost from the contractors failure.If the project is complete, but warranties remain and/or latent defects are possible, so note on the status report. Let the bonding company continue to share the risk. Keep a copy of all correspondence in the contract file.

RELEASING OR CALLING A BONDCALLING A BONDBonds can be called or cashed under the conditions specified in the contract.Documentation supporting calling the bond is essentially the documentation of the bidders or contractors default.

RELEASING OR CALLING A BONDCopy the bonding company with the default notice to the contractor.Make written demand on the bonding company to complete the contract. Involve your attorney.

RELEASING OR CALLING A BONDLitigation with the bonding company is always possible, either to dispute the call, or to recover some costs upon project completion.The bonding company may allege changes in scope, or interference or failure to perform by the agency.

POST AWARD PROCESSESPROMPT PAYMENT REQUIREMENTS AND EXCEPTIONSS.215.422, Florida Statutes

PROMPT PAYMENT REQUIREMENTS & EXCEPTIONSApproval and inspection of goods or services shall take no longer than 5 working days unless the bid specifications, purchase order, or contract specifies otherwise.

PROMPT PAYMENT REQUIREMENTS AND EXCEPTIONSThe voucher authorizing payment , shall be filed with the Chief Financial Officer not later than 20 days after receipt of the invoice and receipt, inspection, and approval of the goods or services, except that in the case of a bona fide dispute the voucher shall contain a statement of the dispute and authorize payment only in the amount not disputed.

PROMPT PAYMENT REQUIREMENTS AND EXCEPTIONSThe warrant in payment of an invoice submitted to an agency of the state or the judicial branch shall be issued not later than 10 days after filing of the voucher authorizing payment.

PROMPT PAYMENT REQUIREMENTS AND EXCEPTIONSEXCEPTIONS: The requirement may be waived in whole or in part by the Department of Financial Services on a showing of exceptional circumstances in accordance with rules and regulations of the department.

PENALTY FOR LATE PAYMENT

If a warrant in payment of an invoice is not issued within 40 days after receipt of the invoice and receipt, inspection, and approval of the goods and services, the agency or judicial branch shall pay to the vendor, in addition to the amount of the invoice, interest at a rate as established pursuant to s. 55.03(1) FS on the unpaid balance from the expiration of such 40-day period until such time as the warrant is issued to the vendor. [s.215.422(3)(b) FS]

POST AWARD PROCESSESDEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTION

DEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTIONLowest level and least formality necessary. Have an escalation procedure.Contract managerIn person or by telephone (document) or email with vendor front line staffIn person or by telephone (document) or email with vendor managementLetterNotify the purchasing officer

DEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTIONPurchasing officerContact vendor management, seek agreement on resolutionFollow up in writing, ranging from email to letter to formal Complaint to Vendor, DMS form 7017.Apply liquidated damages if applicable, by invoice or by deduction from payments owed.

DEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTIONCOMPLAINT TO VENDORFollow requirements in rule 60A-1.006(3).Send a Complaint to Vendor form, PUR 7017, with receipt requested, with a copy of the purchase order or contract.

DEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTIONState the nature of the failure to perform.Provide a time certain to correct, generally not less than 10 calendar days.State that failure to perform within the time specified will lead to finding the contractor in default and removing him from the agencys vendor list.

DEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTIONIf a term contract is involved, state that the correction and compliance with all other contract terms must continue through the balance of the term of the contract.

DEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTIONIf the contractor fails to correct performance within the time specified, issue a letter, receipt requested, stating the contractor has been found in default, the contract is canceled, and that the agency will re-procure or has re-procured the commodities or services, and the amount of the re-procurement if known.

DEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTIONInclude in the notice of default that the defaulting contractor will not be eligible for an award by the agency until such time as it is reimbursed for all re-procurement costs, and has satisfied the agency that further defaults will not occur, by furnishing an acceptable corrective action plan.

DEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTIONInclude in the notice point of entry language pursuant to s.120.57, FS, advising the contractor of the right to petition for an administrative hearing on the intended decision to remove the contractor from the vendor list.

DEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTIONCost recovery can include both any additional product or service costs, and administrative costs for the re-procurement process.The agency may select the replacement contractor by going down the original bid list, by re-bidding, or on the open market, as is in the best interests of the State.

DEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTIONCopies of all vendor complaints and default actions must be furnished to the Division of State Purchasing.The Division now publishes the complaints on its web page at http://dms.myflorida.com/dms/purchasing/convicted_suspended_discriminatory_complaints_vendor_lists/vendor_complaint_list

DEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTIONIf the complaint is against a state term contract vendor, file the complaint, copy the Division of State Purchasing, and file a Request for Assistance, DMS form 7029.Agencies may cancel orders against state term contracts, but only State Purchasing can cancel a state term contract.

DEALING WITH PERFORMANCE PROBLEMS, INCLUDING COMPLAINTS & RESOLUTIONIf reimbursement and an acceptable corrective action plan are received from a defaulted contractor, send the firm a letter reinstating it to your agency vendor list, and copy the Division of State Purchasing.

POST AWARD PROCESSESCONTRACT TERMINATION CLAUSES AND THEIR OPERATION

CONTRACT TERMINATION CLAUSES AND THEIR OPERATION

There are essentially four types of termination clauses in contracts:Termination upon completion (i.e. no evergreen contracts).Termination by mutual consent.Termination for convenience.Termination for cause.

CONTRACT TERMINATION CLAUSES AND THEIR OPERATION1. TERMINATION UPON COMPLETION (i.e. no evergreen contracts).Do not write contracts which require notice of non-renewal prior to termination date. These are set up to, in effect, lead to non-competitive and illegal contracts.

CONTRACT TERMINATION CLAUSES AND THEIR OPERATION2. TERMINATION BY MUTUAL CONSENTThis clause can, for instance, be used to resolve a dispute or a relationship that just isnt working.

CONTRACT TERMINATION CLAUSES AND THEIR OPERATION3. TERMINATION FOR CONVENIENCE

This type of clause should allow for termination for convenience by the State, with reasonable notice to the vendor.Generally termination for convenience should not be offered to the vendor, unless notice is sufficient for the state to reprocure, and the risks of such a clause are offset by advantages. The state and vendors are NOT in equal peril from such clauses, regardless of vendor representations to the contrary!

CONTRACT TERMINATION CLAUSES AND THEIR OPERATION4. TERMINATION FOR CAUSEThese clauses reaffirm and supplement the States right to terminate for failure to perform, and can add causes such as misrepresentation, actions which endanger continued performance, and changes to legislation which remove the basis or authority for the contract.

POST AWARD PROCESSESREQUESTS FOR ASSIGNMENT TO ALTERNATE PAYEE OR SUCCESSOR

REQUESTS FOR ASSIGNMENT TO ALTERNATE PAYEE OR SUCCESSOR

TWO DIFFERENT ISSUESAssignment of the paymentAssignment of the contract to a successor firm

REQUESTS FOR ASSIGNMENT TO ALTERNATE PAYEE OR SUCCESSORThe UCC (672.210 FS) says: Except as otherwise provided in s. 679.4061, unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on her or him by her or his contract, or impair materially her or his chance of obtaining return performance.

REQUESTS FOR ASSIGNMENT TO ALTERNATE PAYEE OR SUCCESSORADDRESS THIS ISSUE IN YOUR SOLICITATIONAssignment of the Contract: The Contract is not assignable except with the prior written approval of the Department.

REQUESTS FOR ASSIGNMENT TO ALTERNATE PAYEE OR SUCCESSORAssignment of the Payment: Monies which become due hereunder are not assignable except with the prior written approval of the Department, and the concurrence of the Chief Financial Officer of the State of Florida.

REQUESTS FOR ASSIGNMENT TO ALTERNATE PAYEE OR SUCCESSORRecommended addition:Assignment of the Payment or the Contract: In the event of such approval, the terms and conditions hereof shall apply to and bind the party or parties to whom the Contract is assigned as fully and completely as the Contractor is hereunder bound and obligated.

REQUESTS FOR ASSIGNMENT TO ALTERNATE PAYEE OR SUCCESSORRecommended addition:No assignment, if any, shall operate to release the Contractor from its liability for the prompt and effective performance of its obligations under the Contract.Assignment of Payment: All invoices must reflect the assignment of payment.

REQUESTS FOR ASSIGNMENT TO ALTERNATE PAYEE OR SUCCESSOR

Requests for assignment must be in writing signed by an authorized representative.Always consult counsel and customer.

POST AWARD PROCESSESEVALUATING CONTRACTOR PERFORMANCE

EVALUATING CONTRACTOR PERFORMANCETHIS GENERALLY INCLUDESDELIVERABLES MEETING SPECIFICATIONSPERFORMANCE MEETING OBJECTIVESSCHEDULEBUDGET AND FINANCIAL ISSUESCUSTOMER SERVICE

EVALUATING CONTRACTOR PERFORMANCEGoods or services delivered by a contractor must be inspected and approved within 5 working days in accordance with DFS rule 69I-24, FAC.

EVALUATING CONTRACTOR PERFORMANCEInspection can be 100%, on siteSamplesSurveysReportsExceptions

EVALUATING CONTRACTOR PERFORMANCEState Purchasing will provide tools for contractor performance evaluationOn MyFloridaMarketPlace, as receipts are recordedOn State Term Contracts, at any timeA contract management software toolA contractor performance record database for use in contracting decisions

EVALUATING CONTRACTOR PERFORMANCEBUT WERE LESS THAN HALF WAY THERE

EVALUATING CONTRACTOR PERFORMANCEIn the meantime, you can use various methods, paper or electronic, including a simple Excel spreadsheet with notes and links, which State Purchasing can provide you.

POST AWARD PROCESSESTRANSITION BETWEEN CONTRACTORS

TRANSITION BETWEEN CONTRACTORS

First rule: MITIGATE RISK. PLAN AHEAD FOR THE NEXT CONTRACTING PROCESS.Second rule: MITIGATE RISK. PLAN AHEAD FOR THE NEXT CONTRACTING PROCESS.

TRANSITION BETWEEN CONTRACTORSADDRESS OWNERSHIP RIGHTS ON TERMINATION, E.G. SOFTWARE CODE, LEASE BUYOUTS, RIGHTS AND OBLIGATIONS REGARDING REMAINING INVENTORY

TRANSITION BETWEEN CONTRACTORSGOOD CONTRACT/BID CLAUSESIf at any time the Contract is canceled, terminated, or expires, and a Contract is subsequently executed with a firm other than Contractor, Contractor has the affirmative obligation to assist in the smooth transition of Contract services to the subsequent Contractor.

TRANSITION BETWEEN CONTRACTORSUpon termination at expiration or notice of termination, Contractor shall:a.Stop work under this Contract on the date, and to the extent specified, in the notice, b.Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under this Contract that is not terminated,

TRANSITION BETWEEN CONTRACTORSc.Complete performance of such part of the work as shall not have been terminated by the Department; and d. Take such action as may be necessary, or as the Department may specify, to protect and preserve any property related to this Contract which is in the possession of the Contractor and in which the Department has or may acquire an interest.

POST AWARD PROCESSESLESSONS LEARNED AND THEIR APPLICATION

LESSONS LEARNED & THEIR APPLICATIONCONSIDER adding a form to your contract file reviewing:CONTRACT PRICINGEASE OF USEPRODUCT/SERVICE SELECTION & QUALITYSUFFICIENCY OF CONTRACT TERMS FOR AVOIDING COST & RISK

LESSONS LEARNED & THEIR APPLICATIONCONTRACTOR PERFORMANCEMeeting specifications & performance requirementsDeliveryBudget & financial issuesCustomer service level

LESSONS LEARNED & THEIR APPLICATIONTO DETERMINE THE LESSONSREVIEW YOUR CONTRACT FILESURVEY YOUR USERSSee for example the surveys placed on state term contract web pages by State Purchasing

LESSONS LEARNED & THEIR APPLICATIONWhen preparing your next similar solicitation, consult your Lessons Learned form

HOW WILL MFMP HELP? WILL MFMP FILE CONTAIN EVERYTHING?WHAT ELSE?WHAT ARE THESE TWO STATUTES ABOUT?NOTE THE STATES DEFINITION OF CONTRACT MANAGER RESPONSIBILITIES ALIGNS WITH NIGP DEFINITION OF CONTRACT ADMINISTRATION. WHAT DOES NIGPS DEFINIITION OF CONTRACT MGT CORRESPOND TO? (PROC. CYCLE) WHAT ABOUT COMMODITY CONTRACTS?DOES THIS CORRESPOND TO EITHER NIGP DEFINITION? (NO) WHAT ABOUT COMMODITY CONTRACTS?WHY DO SOME AGENCIES HAVE DIFFERENT OFFICES FOR CONTRACTS AND POs? HOW EXACTLY ARE THEY DIVIDED? WHAT ARE THE PROS & CONS?CONSIDER THE DOR CASE WITH MARTIN MARIETTA AND DEADBEAT DADSWHAT HAVE PARTICIPANTS REQUIRED A CONTRACTOR TO REPORT? SHOW EXCEL SPREADSHEETANYBODY NEED SAMPLE DOCUMENTS? EMAILHOW DO YOUR CUSTOMERS REQUEST CHANGE ORDERS? IS THE PROCESS ADEQUATE?ANYBODY SEEN CHANGE ORDERS OUTSIDE SCOPE?ANY EXPERIENCE WITH REQUESTS TO CHANGE BECAUSE YOU CAN BUT WITH NO QUID PRO QUO?UNIFORM COMMERCIAL CODE, ARTICLE 2SHOULD THE DELIVERY PERSON WAIT? (NO)HOW DO THESE TERMS IMPACT WHO ASSUMES RISK?ANY EXPERIENCES IN THE ROOM?ANY EXAMPLES OF SPECIFYING OTHERWISE?DFS RULES ARE AT 69I, FACCURRENTLY 7%

WHATS AN ESCALATION PROCEDURE?IF YOU CANT CANCEL THE STC, WHAT CAN YOU DO?WHY DO WE SAY THE STATE AND VENDOR ARE NOT IN EQUAL PERIL? (WHOSE OPERATIONS MAY BE HALTED?)WHAT DOES FIRST BULLET DO? (KEEP ORIGINAL CONTRACTOR SHARING THE RISK) SECOND BULLET? MAKES INCORRECT INVOICES THE CONTRACTORS RESPONSIBILITY, NOT OURS. WHY? COMPARE THE FIRST AND SECOND RULES.