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Chapter 25 - IT Contract Formation

25.6 Federal contractual requirements

25.6.10 Procurements funded with federal funds

When an agency conducts a procurement that is wholly or partially funded with federal funds, it is necessary to understand the federal funding source's contractual requirements and expectations for the agency and/or for flow down to the supplier. Below is a table that offers high-level questions that you may need to consider when forming your solicitation and contract.

 

question number

question

1. Are there unique requirements from the federal funding source that need to be in the solicitation or contract?
2. Are there any restrictions on use or spend of this federal funding? If so, does your solicitation or contract clearly specify these?
3. Does the funding source require theirs or another entity's review/approval of the solicitation or contract that could affect your procurement schedule?
4. Do you need to align dates of any spend requirements or deadlines that could affect schedules for any deliverables, a project plan and/or milestone payments?
5. Are there any contractual terms and conditions that must be included in your solicitation or contract? Are there any that must be flowed down to your supplier?
6. Are there any special technical specifications, regulations or rules the feds may require that you include in the solicitation or RFP?
7. Is there any special expenditure reporting of the funds? If yes, does this affect reporting requirements that the supplier must submit to your agency?
8. Are there unique audit requirements (cost or price records) that the supplier would need to comply with? Are there any special records retention requirements to include in the solicitation or contract?
9. Are there any unique accounting standards for suppliers to follow (which may affect pricing review/approvals)?
10. Are there any required federal forms that supplier would need to complete?
11. Are there any federal agreements (i.e, Business Associate Agreement, Non-Disclosure Agreement or other) that supplier must sign and comply with?
12. Are there any special data rights, security or work product requirements that need to be included in the solicitation or contract?
13. Are there any restrictions or requirements on the supplier's use of subcontractors?
14. Are there any interdependencies on other state or federal entities that should be considered in the solicitation's or contract's schedules or deliverables?