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Model Contracts

State Controller Policy

Effective Date: 11/18/2016

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

Authority

  • All State Contracts shall use one the approved model contract forms described in this policy unless the Agency or Institution of Higher Education (IHE) has obtained the prior, written approval from the Office of the State Controller (OSC) or is using another form explicitly approved in Fiscal Rule 3-1, Section 6.

Available Model Contracts

The following model contracts may be used by Agencies and IHEs without additional approval from the OSC for the following types of work:

  • Personal Services Contract. This model shall be used for any contract where the contractor will provide either services alone or goods and services to the State and no other model contract is applicable.
  • Information Technology Contract. This model shall be used for any contract defined in the State Controller Policy entitled "Information Technology Contracts'.
  • Master Task Order Contract. This model shall be used for any contract where work will be developed and performed in multiple different projects within a general scope and requirements, but the specific requirements are unknown at the time of the execution of the contract and will be added through task orders.
  • Intergovernmental Agreement. This model shall be used for any personal services contract
    between the State and any of its political subdivisions (such as cities, counties, special districts and authorities) as well as for contracts between the State and the governments and political subdivisions of other states. This model shall also be used for contracts with the federal government if the federal government agrees to its use. This model shall not be used for contracts with other sovereign nations, such as the Ute Tribes, or with other agencies of the State.
  • lnteragency Agreement. This model shall be used for contracts between state Agencies, IHEs
    and other branches of State government when there is no third party in the agreement.
  • Grant Agreement. This model shall be used whenever the state is providing a grant, as defined in 24-101-301(10.5) C.R.S. This model shall also be used when the State is providing a subgrant to a subrecepient of granted funds. This model shall not be used when the state is procuring goods or services from a vendor and neither is the contract defined as a grant in statute nor is the contractor a subrecipient, regardless of the original source of the funds.

Modifications of Model Contracts

  • Agencies and IHEs shall not make any material modification to any model contract, except for those specifically permitted by the OSC as described in that model contract, by the Fiscal Rules or by another State Controller policy, without approval from the State Controller or the Central Contracts Unit (CCU). Agencies and IHEs shall limit the number of modifications made to any model contract to the minimum necessary to fulfill the Agency's or IHE's needs.

Combined Model Contracts

  • An Agency or IHE may combine multiple different model contracts if appropriate, such as when an Agency or IHE has a contract that will use task orders for information technology work or when it has a master task order contract with another governmental agency. In this case, the Agency or IHE shall use one of the model contracts as a base and then add all appropriate terms from the other model contract. In the event of a conflict between the terms of multiple model contracts, the Agency or IHE shall seek guidance from the CCU as to which terms to use.