The agency enters into contracts and service agreements with due regard for practices that promote efficient use of resources.
Availability of contract funds is announced through a request for information (RFI)/request for proposals (RFP) or a formal bidding process, that includes, unless prohibited by law or regulation:
The pursuit of contracts for services is consistent with the agency's mission and purpose, and the agency:
Interpretation: The agency assigns each contract to a specific qualified individual who is charged with monitoring the progress and outcomes of each service contract.
Written contracts contain all significant terms and conditions in accordance with applicable law.
Interpretation: “Significant terms” can include, but are not limited to:
All contracts are reviewed by legal counsel or another qualified individual prior to signing.
Interpretation: Other qualified individuals may include the agency head, CFO, procurement officer, or a member of the management team. The review should ensure that the contract is both legal and the terms of the contract are clearly understood and agreed upon by both parties.
Non-contractual service agreements include, as appropriate:
Interpretation: This standard applies to non-contractual arrangements, also known as Memorandums of Understanding (MOUs), in which agencies collaborate with providers to deliver specific services to a person or persons. For example, a service in which a provider voluntarily comes into the host agency’s facility to provide weekly smoking cessation classes.
NA The agency does not enter into non-contractual service agreements.
When an agency enters into a service agreement with a provider that operates adventure-based activities with a significant degree of risk; the agency requests proof of accreditation, licensure, or certification with a nationally recognized authority for the activity being conducted.
Interpretation: Adventure-based activities with a significant degree of risk can include, white water rafting, climbing walls, or ropes courses.
NA The agency does not enter into service agreements with providers that operate adventure-based activities.
Contracts for the provision of network services also include:
NA The agency is not a network management entity.