Professional Documents
Culture Documents
Procurement
Services
Contract
Administration
© Copyright 2021
TOPIC PAGE #
On-Going Maintenance
The Contract Administration File 12
Insurance 12
Financial 13
Common Issues 13
Reference Materials
Contract Administration Plan Example 39
Contract Administration File Example 48
Invoice Checklist Examples 50
Contract Monitoring Checklist Example 52
Monitoring Follow Up Examples 53
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Contract
Administration
PRESENTED BY: JANET HASTY, CPPO, CTPM
GOVERNMENT PROCUREMENT SERVICES
Virtual Class
Etiquette
Participate!!!! Use chat or the Workbook
“raise your hand” button for
questions or comments. Class Hours
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Instructor – Janet Hasty
CPPO, CTPM
30 years in State of Texas procurement
Texas Department of Transportation
Health Department
Texas Building & Procurement Commission
Texas Parks and Wildlife
Class Objectives
Define roles and responsibilities for contract
administration
Learn contract administration activities
Understand the various contract monitoring
methods
Examine contract documents for monitoring
activities
Learn how to manage change orders and disputes
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Contract Administration
1. Overview & Best Practices
2. On‐Going Maintenance
Overview
&
Best
Practices
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Definition:
Contract Administration
A subset of Contract Management, which includes all
monitoring and administrative activities that take
place from the time the contract is awarded until
contract closeout.
Contract
Administration
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Roles and Responsibilities –
Contract Administration
Contract
Purchaser
Manager
Performs administrative, Maintains contact with
fiscal and vendor Contract Manager on
performance monitoring vendor performance
activities.
Executes changes
Maintains contract
documentation and
communicates w/ Provides consultation on
Purchaser for effective dispute resolution
administration
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Contract Managers Should NOT:
Request vendor to perform outside of the scope of
work.
Issue instructions to a vendor to start or stop work
(except in an emergency situation) without adequate
written documents.
Make commitments or promises to vendors outside of
the contract.
Deviate from or waive terms and conditions.
Change the contract term.
Contract Administration
Best Practices
While not all contracts are monitored using the same
components, a number of the components are
universal and should be a part of every entity’s
contract administration process:
Employees trained in contract administration; including
position authority and responsibility to administer
contracts.
Clearly communicated expectations to vendors through
a detailed statement of work, performance measures,
and kick‐off meetings.
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Contract Administration
Best Practices (Continued)
A fully developed Contract Administration Plan.
Payments that are linked to satisfactory performance.
Regularly conducted compliance reviews.
Dispute resolution procedures to ensure disputes are
resolved correctly and promptly.
Anticipate evolving business needs. An entity’s needs
at contract signing won’t necessarily remain the same
throughout the contract. Make a plan to address
these fluctuations in demand and upcoming changes.
Contract Administration
Best Practices (Continued)
Use a Contract Management System or automate as
much as possible.
The sheer volume of contracts can be challenging and
can lead to bottlenecks, forgotten milestone dates, and
other problems that derail contract success.
A contract management system easily tracks changes
and approvals. It also provides automated notification
and reminder tools which allow you to input key dates
in the beginning, so you don’t need to worry about
remembering them throughout the contract period.
Contract Management System
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Unsuccessful Contract
Administration
Reasons why organizations fail to manage contracts
successfully:
Poorly drafted contracts, especially in the area of evaluating
vendor performance.
On‐Going
Maintenance
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Contract Maintenance:
The Contract Administration File
Managing all documents related to the contract is
critical for effective contract administration.
Documentation should be detailed and accurate.
These documents provide the basis for all
contract administration activities.
Should there be problems or issues; specific,
accurate, and dated documentation is vital to
protect your entity’s interests. If a dispute arises,
the party with the best documentation usually
wins!
See sample Contract Administration File in Reference Section
Contract Maintenance:
Insurance
Vendor cannot begin work until proof of
insurance is received by the entity.
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Contract Maintenance:
Financial
Manage contract costs/budget
Total contract amount vs. budgeted amount
What is the payment type (firm fixed, progress, etc.)
Unit of measure (hourly, deliverable, lump sum, etc.)
Contract Administration:
Common Issues
Reluctance to hold vendors accountable.
Failure to maintain a professional relationship with
the vendor. Contract managers are more
concerned about the vendor than the entity.
Assume the accounts payable staff is “auditing”
invoices.
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Contract Administration:
Common Issues
Failure to give proper and timely notice (both parties).
Entity: notice of an issue, change approvals, etc.
Vendor: notice of delays, changes, etc.
Contract Administration:
Common Issues
Failure to speak with the appropriate vendor contact
(e.g. subcontractor or supplier).
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Group Discussion Time!!!
Subject: Common Contract
Administration Issues
Vendor
Performance
Monitoring and
Documentation
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Vendor Performance Monitoring
The contract manager
monitors the contract to
ensure the vendor is
performing all duties in
accordance with the contract
and addresses any
developing problems or
issues.
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Vendor Performance Monitoring
What do you monitor?
Review all contract documents.
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Vendor Performance Terminology
Is this a deliverable or a milestone?
Vendor Performance
Terminology
Service Level Agreement ‐ an agreement between a
governmental entity and a vendor that details the level of
service and the quality of the service to be provided.
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Video: How to Develop Key
Performance Indicators
https://www.youtube.com/watch?v=2tuWjtc2Ifk
Monitoring Methods
Monitoring methods are dependent upon the vendor
requirements and the type and complexity of contract.
Desk Reviews
Site Visits
Third Party Monitoring
Enhanced Monitoring
Customer Satisfaction Surveys
Quarterly Performance Reviews
Inspection and Testing
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Poll: Monitoring Methods
Monitoring Methods:
Desk Reviews
Desk Reviews are examination of reports submitted
by the vendor to the governmental entity.
Various reports may be required and should be
tailored to the contract requirements:
Status Reports
Activity Reports
Progress Reports
Expenditure Document Review
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Monitoring Methods:
Site Visits
Site visits are used to verify actual performance
against scheduled or reported performance.
Monitoring Methods:
Site Visits
Use a checklist when conducting site visits.
Checklist should include the contract
compliance requirements.
Develop a checklist template which includes
standard items for all site visits; but then tailor
the template for each individual contract.
At the completion of the site visit, prepare a site
monitoring report that documents the site visit
findings. Provide a copy of the report to the
vendor and request the vendor to provide a
Corrective Action Plan, as necessary.
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Corrective Action Plans
A corrective action plan is a set of actions to
correct an issue, problem, non‐compliance or
underperformance.
The plan must:
Address the identified deficiency
Clearly state the desired outcome
Establish a time frame for the vendor to
demonstrate improved performance.
Monitoring Methods:
Site Visits
Most effective when based on a specific methodology or a
checklist of review tasks.
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Monitoring Methods:
Third‐Party Monitoring
In some cases, contract monitoring is done by a third‐
party. This is also known as “independent oversight”.
Monitoring Methods:
Enhanced Monitoring
Enhanced monitoring is usually associated with high
dollar and high risk contracts and includes an increased
level of monitoring. It also could be used a result of
previous unsatisfactory performance.
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Monitoring Methods:
Customer Satisfaction Surveys
Used for both internal and external customers
to survey about vendor performance.
Monitoring Methods:
Quarterly Performance Reviews
Opportunity to address and resolve issues or used
as a preventive measure to manage contract,
vendor, and issues.
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Monitoring Methods:
Inspection and Testing
Goods and/or services must be inspected upon
receipt to ensure they comply with the contract
requirements.
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Monitoring
Methods Exercise
Vendor Performance
Monitoring: Root Cause Analysis
Often, noncompliance issues are identified, but we
don’t look at the “root cause” of the problem. If we
don’t get to the root cause, then the problems are
likely to happen again.
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Many Late Missing
Symptoms Revisions Deliveries Deadlines
Invoice
Insufficient Errors
Progress
Communication
Issues
Unclear
Training Insufficient Specifications
Insufficient or Processes
the wrong type
Vendor Performance
Monitoring: Root Cause Analysis
Problem: Record is missing a
Why?
signed consent form.
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Monitoring Checklist
Requirement Contract Reference
Requirement
Monitoring Responsibility
Timeframe
Monitoring Method
Meets/Does Not Meet Requirement
Comments
Vendor Performance
Monitoring: Follow Up
Follow up is critical, as a problem will not be
resolved simply by including the problem in your
monitoring report.
Contract managers must follow up to:
Ensure vendor has taken corrective action to resolve
the issue.
Identify common problem areas that might require
additional training.
Improve contract requirements for future contracts.
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Managing Vendor
Performance Exercise
Managing Vendor
Performance Scenario #1
Vendor is performing consulting services for a government entity.
The project must be completed in 90 days. On Day 70, the vendor
provides a draft report to the entity to review and comment
before submitting the final report. The entity takes 21 days to
review the report and comment back to the vendor, instead of
the 10 days specified in the contract.
Since the entity took 21 days, the vendor asks for a 10‐day
extension to complete the report and deliver the final product to
the entity. Executive management wants the report ASAP, but
they were the ones that caused the delay.
As the contract manager, what would you do?
What could be done to make sure this does not happen again?
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Managing Vendor
Performance Scenario #2
Vendor (sole‐proprietor) has a contract for one‐time services to trim
trees at a government headquarters building. The work must be
performed within 30 calendar days after award. The vendor calls on Day
22 and says he has a family emergency and he needs an additional week
to attend an out of state funeral.
As a contract manager, you agree to the additional time and issue a
contract amendment to extend the contract for 10 days, for a total of 40
days.
On day 41, the contract manager finds out that the work is still not
completed. The vendor is contacted and says his work is backed up
because he was attending the funeral, but that he will be there by the
end of the week. At the end of the week, the vendor is a no show.
What do you do now? How could have this been handled differently?
Managing Vendor
Performance Scenario #3
Your entity has an annual contract for the temporary services of an
interpreter for the hearing impaired. The contracted hourly rate is $48.00 for
services rendered in Dallas, Texas. At the last minute, the user department
moves the meeting to Arlington, Texas and notifies the vendor of the change
in location. The vendor shows up at the Arlington location and performs the
services. The invoice is submitted as follows:
The contract manager reviews the invoice and realizes that the meeting was
only 4 hours. When the vendor is contacted about the discrepancy, they say
the additional two hours is due to the location change.
Would you approve this invoice for payment? Why or why not? What can be
done to ensure this does not happen again?
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Managing Vendor
Performance Scenario #4
A vendor is awarded a six‐month contract to research the
feasibility of a state supported child care facility in
downtown Austin. Payment is based on the percentage of
work completed.
The vendor submits an invoice after 30 days for 40% of the
contract amount. You don't believe that 40% of the work is
completed.
What should you do to resolve this issue? What could be
done in future contracts to ensure this does not happen
again?
Change Management
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Change Management
Contract change is inevitable.
Common changes should be built into the
contract. Common changes include:
Time of performance
Contract prices
Extensions and renewals
The importance of developing a formal change
management process cannot be overstated.
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Change Management
What will change? Why is change necessary?
Changes must be within the scope of the contract.
The contract requirements must be consistent with
what was originally solicited during the
competitive process.
A significant difference in the scope of work would
be a material or substantial change and would be
not be allowed. To allow such a change would go
against the idea of competition and a fair playing
field for all vendors.
Administrative Changes
Changes within the scope of the contract and
do not affect the rights of both parties.
Changes allowed within existing contract
Address or personnel changes
Typographical errors
Unilateral agreement –
(One party can make the change)
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Substantive Changes
Changes affect the rights of both parties
Prices, quantities
Delivery schedule
Performance requirements/conditions
Terms and conditions
Bilateral agreement
(Both parties must agree to the change)
Constructive Changes
Constructive changes occur when the
government entity:
Provides suggestions to the vendor
Accelerates the delivery schedule
Directs the work to be performed differently
Changes the sequencing of the work
Delays accepting or rejecting deliverables
Delays reviewing invoices and approving payment
Interferes with or hinders performance
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Change Management
Be Careful What You Ask For:
If the vendor perceives that your entity has
requested work beyond the scope of the contract
or that your entity has created delays or hindered
performance …
…they may claim that this “constructively changes”
the contract and the vendor may be entitled to
additional compensation.
https://www.youtube.com/watch?v=LotPHWkKJNohttps://ww
w.youtube.com/watch?v=LotPHWkKJNo
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Poll: Allowable Change
Change Management
When determining what constitutes scope
changes, the critical question is whether the
changes are material or substantial.
Such changes are measured by the number of
changes made to the original specifications, and
the extent of the change.
Consider if the changes would deny a potential
vendor an opportunity to compete for the revised
specifications.
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Closing Tips & Guidance
Provide clear guidance for developing, awarding, and
monitoring contracts.
Provide training to contract managers
Communicate with the vendor as early as possible and
conduct kick‐off meetings.
Monitor and track contract performance.
Document communications and contract changes.
Be diligent in managing contracts and hold vendors
accountable to the contract terms and conditions.
Thank You!
Janet Hasty, CPPO, CTPM
Government Procurement
Services
888‐254‐7715
janet@gpstraining.biz
www.gpstraining.biz
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Source Documents
State of Texas Procurement and Contract Management
Guide, Comptroller’s of Public Accounts, Statewide
Procurement Division.
National Association of State Purchasing Officials Contract
Administration Best Practices Guide.
National Institute of Governmental Purchasing, Dictionary
of Purchasing Terms.
Components of an Effective Contract Monitoring System,
Atlanta, Georgia Department of Audits and Accounts.
Best Practices in Contract Management: Are you using
them?, Contractworks, March 13, 2018.
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Contract Administration Plan (CAP)
Contract/Project name
Contract number
Contract type
Contractor name
Published by:
Agency name
Contract administrator name
Version
Date
[Text in blue brackets are notes to the contract administrator to aid in completing the plan sections.
Delete this and all other blue notes when finalizing.]
[Highlighted text are examples only. Replace the text with agency information and remove highlighting.]
Page 1 of 9
DAS Procurement Services, Version 1 – March 30, 2018 39
INTRODUCTION
The Contract Administration Plan (CAP) strengthens an agency’s ability to monitor and act on the
contract and, if applicable, a project related to the contract. CAP topics may include:
• Performance
• Work progress as it relates to schedule
• Deliverables
• Compliance with requirements
• Test results
Intended Audience
[Tailor the following table to reflect the intended audience or users of the CAP. The table should list the
CAP sections most relevant to the user type and the purpose for which a user may reference the
information.]
[Include agency, state-level and contractor roles that are contract stakeholders.]
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ROLES AND RESPONSIBILITIES
[The key to building a strong contract administration team is finding members with the right skill sets
and schedule availability to support contract administration activities. Team members should be the final
product or service stakeholders and should have the knowledge and skills to fill particular areas of
expertise. Team members must have clear roles and responsibilities and established communication
channels to work together effectively. The team should include three to five members and should
leverage the knowledge of Subject Matter Experts (SMEs) as needed throughout the contract term.]
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COMMUNICATION PLAN
[The following table provides an example of the elements to document in a communication plan.]
[Proactive communication is critical to the success of the contract. Be sure that communications are
timely, constructive and include relevant feedback. Use a variety of communication methods such as
e-mail alerts, status reports, watch lists, risk reports, and formal or informal reviews.
Communication may be formal or informal. Communications required by the contract are formal
communication. Non-binding or informal communication does not constitute contract direction and does
not change the scope or terms and conditions of the contract.
This section should detail the team’s plan to communicate both internally and externally with the
contractor, including who is responsible for initiating each type of communication.]
Communication Register
What Who When How
Information
Requirement Provider/ Recipient/ Timeframe/ Distribution Disposition
Description/Title Stakeholder Stakeholder Frequency/Trigger Format Method Method
Schedule
The following table contains a high-level schedule organized by the tasks that comprise the work
specified in the contract.
Schedule
Responsible
Task Identifier / Name Party Duration Start Finish
1.0 Parent Task Name No. Days Start Date Finish Date
1.0.1 Sub Task Name No. Days Start Date Finish Date
1.0.2 Sub Task Name No. Days Start Date Finish Date
1.1 Parent Task Name No. Days Start Date Finish Date
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Schedule
Responsible
Task Identifier / Name Party Duration Start Finish
1.1.1 Sub Task Name No. Days Start Date Finish Date
1.1.2 Sub Task Name No. Days Start Date Finish Date
Deliverables
The following table identifies all deliverables related to the contract. These items include:
• Deliverables related to products or services specified in the contract. For technical projects, this
table should also include any deliverables related to functionality or overall implementation of
the solution.
• Deliverables related to reports or other contractor submittals specified in the contract.
Contract Deliverables
Contract
Clause/ Responsible Action Due Date/
Task Deliverable Party Required Frequency
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RISK/ISSUE MANAGEMENT PLAN
[This section documents the agency’s risk response strategy for a major high-risk contract or project. Keep the strategy updated as the project
progresses and as new risks or issues arise. The risk response strategy focuses on contractual items and not project items unless the project item has
a potential impact on the contract (i.e. deliverables, budget, schedules, etc.).]
Risk management is a three-part process involving:
1. Identifying risks
2. Quantifying and analyzing the likelihood of and the potential impact of identified risks
3. Determining how to manage, mitigate or eliminate identified risks
The following table contains a list of project risks that require management.
Risk Management
Risk Risk Responsible Target
Id Description P I S Response Action Party Completion Status
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DAS Procurement Services, Version 1 – March 30, 2018 Page 6 of 9
CONTRACT PERFORMANCE MONITORING PLAN
[This section should address contract elements relating to contractor oversight.]
Contract Meetings
The following table outlines the schedule of meetings required in the contract and other meetings
needed to monitor the contract and contractor performance.
Scheduled Meetings
Meeting Date/Frequency Facilitator
Contract Initiation/Kickoff Once
Weekly Section Team Meeting Weekly
Weekly Team Leads Meeting Weekly
Monthly Executive Meeting Monthly
Quarterly Executive Meeting Quarterly
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Risk/Issues Management Reporting
The following table contains a list of required reports, reporting frequency or due date, and the
approver or approving group that is associated with internal risk and issue management activities.
Performance Measures/Tracking
The following table lists the performance measures or required performance items to track according to
the contract.
Performance Measures
Contract Frequency of
Performance Measure Reference Method of Measure Measurement
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Contractor Management
[Describe the contractor management process and include contract references to remedies. Also, identify
individuals responsible for controlling and overseeing this process.]
State/Agency Obligations
Controls and
Requirement Asset Type Management Responsible Party
Agency shall ensure Agency will ensure the Agency will perform Agency Project
government controlled following systems are reviews of system Manager
data systems can be available to the utilization through:<>
securely accessed by contractor throughout
contractor as needed the period of
to provide performance of this
infrastructure support contract:<>
as described in section.
Contract Closeout
[Describe the procedures or processes used to ensure fulfillment of the contract requirements at
closeout.]
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SAMPLE
CONTRACT ADMINISTRATION FILE
Keeping a complete master contract administration file is critical and must be
maintained by the government entity. This file will provide a basis for settling
claims and disputes should they arise in administrative or court actions.
Throughout the life of the contract, the contract administration file will provide a
single, easily accessed repository for those documents related to contract duties
and performance, and it should contain the following documents:
A copy of the current contract and all modifications.
A copy of the vendor document’s including:
o Required insurance documents
o Warranty information
o Licenses, permits, certifications
A copy of all specifications, drawings or manuals incorporated into the
contract by reference.
A reference list or a list of prior contracts with this specific vendor (if they
offer valuable historical data)
The solicitation document, the vendor's response, evaluation
determination, and the notice of award document.
A list of vendor submittal requirements.
A list of government furnished property or services.
A copy of the kick-off meeting summary, if conducted.
A schedule of compliance review and internal correspondence
A copy of all general correspondence related to the contract.
The originals of all vendor data or report submittals.
A copy of all routine reports required by the contract such as sales reports,
pricing schedules, approval requests, and inspection reports.
A copy of all notices to proceed, to stop work, to correct deficiencies,
notice of termination, or change orders.
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SAMPLE
CONTRACT ADMINISTRATION FILE
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Invoice Review Checklist Example #1
Budget Tracking
Invoice Number Invoice Amount Project Budget Percent of Project Amount Paid to
(Interim or Final) Competed Date
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Invoice Review Checklist Sample #2
The following checklist can assist the District Contract Manager in reviewing and approving
invoices. The list is illustrative, not inclusive.
The District has date stamped the original signed Cover Letter and Invoice immediately
upon receipt.
Grantee has provided an Invoice Summary which summarizes all work completed per
task during the dates of service of the invoice.
Invoice and invoice summary must be consistent with the Scope of Work and Project
Timeline.
If Grantee has a sub-recipient/consultant, they must also submit an Invoice Summary for
work completed.
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Meets
Contract Monitoring Checklist Example
Responsible
Reference Requirement Requirement? Timeframe Monitoring Method Comments
Party
Y/N
Vendor conduct 3 months after 1) Review HR Policies and procedures for
Criminal Background award background checks incorporated into their
check for employees then at contract internal procedures.
on hire renewal if vendor 2) Check that criminal background check
compliant requirement is included in contracts with
RFP Para 8.1 CA
subcontractors
3) Conduct random sample check of employee
files at three months. Based on results, determine
when or if will need to be repeated other than at
contract renewal.
Vendor Employees Ongoing Quarterly Require Vendor to submit listing of current
sign non-disclosure personnel working on project at project status
statement update meetings.
Current employee
RFP forms due within 30
CA
Para 8.2 days of award CA cross check personnel listing with Non-
Disclosure forms.
Copies for all new
employees within one
week of hire
HUB Subcontracting Monthly Review HUB Plan
Plan Review PAR report submitted monthly by vendor.
Prime Contractor Check dates of payments to subcontractors
T&C’s
Progress Assessment Check to see monthly is changes made to
6.9 CM
Report subcontracting that would affect the HUB Plan.
Vendor HUB Plan must be updated if any changes
made.
Vendor and its Within 3 months 1) Review vendor’s HR hiring policies and
subcontractors shall after award procedures
not discriminate or 2) Review sample solicitation for subcontracting
T&Cs participate in any Follow up TBD or purchase of materials for statement of
CM
6.10 discriminatory based on findings nondiscrimination obligations
employment practices 2) Review subcontractor contracts for the
incorporation of Paragraphs (1) to (6) from T&C’s
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Examples of Monitoring Follow Up
Nature of the Possible Action
Finding Response Other Optional Steps
Minor Concern
Communication with
contractor to clarify Informal conversation with contractor
Example:
problem, increase Letter to contractor
Contractor
contractor awareness of Follow-up monitoring to verify
misunderstanding
possible risks, and offer compliance
of
information and Corrective action plan
performance
assistance.
requirements
Systemic Issue Formal correction to Escalate to program management
address and resolve the and Contract Management &
Example: problem and prevent any Oversight (COS)
Recurring problem future risk. Enhance monitoring activities
which requires (increase scope or frequency)
specific action Require a Corrective Action Plan
steps to correct Formal notice to contractor warning
of possible sanctions if the problem is
not corrected
Implement contract remedies or
liquidated damages as specified in
the contract
High Risk Contract Remedies to Escalate to program management
resolve the problem and COS
Examples: and/or eliminate negative Impose additional reporting
Significant harm impact. requirements
or risk of harm to Reduce the services or dollars
individuals associated with the contract
Collection of improper
Significant misuse payments/disallowances
of agency funds or Suspension of referrals or services
resources Modification of contract provisions
Suspension of payments until the
Concerns of fraud, problem is resolved
waste, or abuse Impose liquidated damages as
specified in the contract
Deny contract renewal
Reduce the contract period or
terminate prior to the contract end
date
Report the contractor to Vendor
Performance Tracking System, to the
appropriate licensing organization, to
the Inspector General, or to law
enforcement.