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Office of the Indiana Attorney General State Contracting Matt Light, Chief Counsel.

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Presentation on theme: "Office of the Indiana Attorney General State Contracting Matt Light, Chief Counsel."— Presentation transcript:

1 Office of the Indiana Attorney General State Contracting Matt Light, Chief Counsel

2 State Contracting and Review Process IDOA, Budget and OAG (sometimes IOT) review contracts pursuant to IC (a) IDOA, Budget and OAG (sometimes IOT) review contracts pursuant to IC (a) Contracts are reviewed after they are signed by contractor and agency representative Contracts are reviewed after they are signed by contractor and agency representative Contract review by the OAG is for form and legality Contract review by the OAG is for form and legality IC IC

3 State Contracting and Review Process Form approval and pre-review – see pgs of the 2011 contract manual Form approval and pre-review – see pgs of the 2011 contract manual Hiring outside counsel – see pg. 11 of the 2011 contract manual – must be pre-approved in writing by OAG pursuant to IC Hiring outside counsel – see pg. 11 of the 2011 contract manual – must be pre-approved in writing by OAG pursuant to IC New website for outside counsel approval requests New website for outside counsel approval requests questForm.aspx questForm.aspx questForm.aspx questForm.aspx Restrictions on hiring counsel on contingency fee basis (SEA 214, P.L ) Restrictions on hiring counsel on contingency fee basis (SEA 214, P.L )

4 Terms and Conditions to which the State will not agree Any provision requiring that the suit be brought in any State other than Indiana or requiring the contract be constructed in accordance with laws of any State other that those of Indiana Any provision requiring that the suit be brought in any State other than Indiana or requiring the contract be constructed in accordance with laws of any State other that those of Indiana IC (d) IC (d) Any provision requiring the state to provide indemnity or hold a contractor harmless Any provision requiring the state to provide indemnity or hold a contractor harmless Article X, Section 3 of the Indiana Constitution Article X, Section 3 of the Indiana Constitution IC IC

5 Terms and Conditions to which the State will not agree Any provision requiring the State to provide insurance Any provision requiring the State to provide insurance IC (a) and IC (b) IC (a) and IC (b) Any provision requiring the State to pay a retainer or make a deposit, down payment Any provision requiring the State to pay a retainer or make a deposit, down payment unless permitted by IC or IC unless permitted by IC or IC Any provision requiring the State to pay penalties, liquidated damages, interest or attorney fees Any provision requiring the State to pay penalties, liquidated damages, interest or attorney fees State v. Person, 699 N.E.2d public policy against assessing attorney fees against the State. State v. Person, 699 N.E.2d public policy against assessing attorney fees against the State.

6 Terms and Conditions to which the State will not agree Any provision limiting disclosure of the contract in violation of the Access to Public Records Act (“APRA”) Any provision limiting disclosure of the contract in violation of the Access to Public Records Act (“APRA”) IC IC Any provision requiring the State to pay taxes Any provision requiring the State to pay taxes Any provision providing for mandatory resolution or disputes other than through the courts Any provision providing for mandatory resolution or disputes other than through the courts

7 Terms and Conditions to which the State will not agree Any provision modifying the statute of limitations or relating to the time within which a claim must be made Any provision modifying the statute of limitations or relating to the time within which a claim must be made Any provision which attempts to apply comparative fault principles in an action between the parties Any provision which attempts to apply comparative fault principles in an action between the parties IC IC

8 Terms and Conditions Required in State Contracts Conflict of Interest Conflict of Interest IC and IC IC and IC Registration with Secretary of State to do business in Indiana Registration with Secretary of State to do business in Indiana IC IC Drug Free Workplace Certification Drug Free Workplace Certification Executive Order 90-5 Executive Order 90-5 Ethics Ethics IC and Executive Order 04-8 IC and Executive Order 04-8

9 Terms and Conditions Required in State Contracts Employment eligibility verification (E-Verify) Employment eligibility verification (E-Verify) IC IC Telephone privacy compliance Telephone privacy compliance IC IC Nondiscrimination Nondiscrimination IC and IC IC and IC Electronic Payments Electronic Payments IC IC Non-Collusion Affirmation Non-Collusion Affirmation IC IC

10 Miscellaneous Statutes Relating to Contracts Oral contracts are unenforceable against the State Oral contracts are unenforceable against the State IC IC Contract Term and Renewals – contracts for supplies not to exceed 4 years; can be renewed any number of times (but the renewed contract cannot be longer than the original term) Contract Term and Renewals – contracts for supplies not to exceed 4 years; can be renewed any number of times (but the renewed contract cannot be longer than the original term) IC and IC IC and IC Interlocal Cooperation Interlocal Cooperation IC IC Acquisition and Disposition of State Real Property Acquisition and Disposition of State Real Property IC IC

11 The EDS Sheet Contract cannot be logged into or out of the State’s contract tracking system without an EDS sheet Contract cannot be logged into or out of the State’s contract tracking system without an EDS sheet

12 Rush Requests Rush review requests are to be ed in advance to and Rush review requests are to be ed in advance to and Rush contracts will be reviewed promptly by an attorney in the Advisory Division Rush contracts will be reviewed promptly by an attorney in the Advisory Division As OAG is last in line to receive a rush contract for review, do not expect approval of a rush contract on the same day it is received by OAG, especially if it is received in the afternoon As OAG is last in line to receive a rush contract for review, do not expect approval of a rush contract on the same day it is received by OAG, especially if it is received in the afternoon

13 FAQs Please see pages 4-6 of the 2011 contract manual for frequently asked questions regarding the state contracting process Please see pages 4-6 of the 2011 contract manual for frequently asked questions regarding the state contracting process Suggestions on how to improve the process are appreciated Suggestions on how to improve the process are appreciated Thank you for your time and attention! Thank you for your time and attention!

14 Questions? (317) (To view/print/download 2011 Professional Services Contract Manual)


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