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Contract Reviews - OSC Contract Approval Policy

Effective Date: 9/20/24

Approved by: Robert Jaros, CPA, MBA, JD, Colorado State Controller

Purpose

The Office of the State Controller (OSC). Central contracts Unit (CC) reviews and signs, unless otherwise stated, all high risk contracts and reviews compliance with the provisions of OSC Policies, Procurement Code, Procurement Rules, Fiscal Rules, Colorado Revised Statutes, and State Controller’s contract approval delegation by State Agencies and Institutions of Higher Education (Agencies and IHEs).

Contract Review

Agencies and IHEs shall request CCU pre-review all high risk contracts, limitation of liability requests, and fiscal rule waiver requests. CCU Specialist will review contracts and provide comments and edits to agency or IHE contract managers. Agency or IHE and CCU Specialist will work together to move forward toward a complete and satisfactory contract that complies with all OSC Policies, Procurement Code, Procurement Rules, Fiscal Rules, and Colorado Revised Statutes.  

Supporting Documents for OSC Contract Review

Agencies and IHEs are responsible for ensuring that in addition to the requested contracts and accompanying contract documents, all information relevant to such contracts is available for CCU review if requested, including, but not limited to, the following:

  1. Any documentation supporting agency’s/IHE’s “fair and reasonable” determination; for example, an appraisal for purchase of an interest in real property or information about vendor bids/proposals.
  2. A copy of Colorado Secretary of State Web page information regarding the Contractor showing it in good standing and identifying the registered agent (individuals and governmental units are not required to register; however, individuals using a dba may register it).
  3. Documentation that required insurance and/or bonds have been obtained.
  4. Copies of any necessary Central Approver approval documents, including, but not limited to, the following
    1. OIT certifications for IT contracts,
    2. DHR personal services review or certification form (not applicable to IGAs or IAs),
    3. The agency’s Procurement Official’s approval for a multiyear contract, aka if the contract term extends beyond twelve months (not applicable to IGAs or IAs),
    4. The Chief Procurement Officer’s approval If the contract term extends beyond five years (not applicable to IGAs or IAs), 
    5. The Chief Procurement Officer’s or delegate’s Sole Source approval if the contract was awarded via a sole source (not applicable to IGAs or IAs).
    6. A copy of the CMS number, the encumbrance number and any other records or methods used to track contracts.
    7. A copy of any risk analysis performed.
    8. All pertinent documentation such as explanations regarding contract issues, unusual contract situations, extenuating circumstances, statutory violations, and late contracts.

Policies and procedures for Agency Contract Review

Each agency shall adopt this policy or develop policies and procedures for review of contracts within that agency.  Any agency developed policy must meet all the same requirements as this Contract Reviews policy.  OSC will review these policies and procedures on a periodic basis. 

 State Controller Policies