Slide 1

Foul or No Foul: When a Referee is Needed for your ContractPresented byValerie S. Deloach, CPPO, CPPB, VCOContracts Compliance Officer Foul or No FoulAre you the referee for your contract?

Foul or No FoulNon Compliance Issues in your contract may seem very easy to detect. Some of theissues may be:

Poor QualityNot Meeting SpecificationNo Delivery/ Partial Delivery

Foul or No Foul Review your contract

Meet with your Contract Administrator

Compile factual data to communicate the deficiency

Determine how critical the need of the service or commodity

Contact Supplier ( Informal )

Case Study 1

5Case Study 1SeCelias college was giving a back to school cook-out for all students that were living on campus on August 19th.The vendor she hired to cater the event was Fire Pit Barbeque. They arrived on time; however, they were asked to cease their operations after a few hours of operation. Under $5000Quick QuoteNo FoulAlways collect supporting documentation when you are making a claim against a vendor.

Foul or No Foularbitrary 1. subject to individual will or judgment without restriction; contingent solely upon one's discretion: an arbitrary decision. 2. decided by a judge or arbiter rather than by a law or statute. 3. having unlimited power; uncontrolled or unrestricted by law; despotic; tyrannical: an arbitrary government. 4. capricious; unreasonable; unsupported: an arbitrary demand for payment.

Case Study 2

Case Study 2VCE ordered poplin material for its manufacturing department in Jan. This material will be used to make T- Shirts. The vendor is late on delivery. The contract requires a certain amount on hand. Vendor doesnt know when they can get product.

Consider in your response :Force majeure, Act of GodPlant closure

Case Study 2

FOULThe response from the vendor (cure) must be verified as viable

Case Study 3

Case Study 2An agency was receiving many calls concerning from a sub contractor. ABC subcontractor of a prime ( general) contractor on a State contract was not paying their subcontractors. The contract with the general contractor was for several million dollars. Consider the states role with subcontractor

Case Study 3

FOULGeneral Contractors must notify their subcontractors within 7 days

Case Study 4

Case Study 2A cleaning company for a high security agency had an employee to call out of work. The company decided to use another employee to complete the cleaning job. The cleaning was done by a person that had been used before per the contractor.

Consider the specifications Case Study 4

FOULSpec.s must be clear and concise concerning High Security Areas

Foul or No FoulSend formal complaint to vendor in a timely fashionCopy Contact Compliance Officer on all correspondence after formal complaint beginWrite/ Address complaint to vendorSend response of acceptance or rejection of their cureFollow Non-Compliance processKeep Good FilesContact your legal team on issues that may result in law suitesAll records may be reviewed by vendor -FOIA request