Office of the Indiana Attorney General State Contracting

Office of the Indiana Attorney General State Contracting Matt Light, Chief Counsel

State Contracting and Review Process n IDOA, Budget and OAG (sometimes IOT) review contracts pursuant to IC 4 -13 -2 -14. 1(a) n Contracts are reviewed after they are signed by contractor and agency representative n Contract review by the OAG is form and legality n IC 4 -13 -2 -14. 3

State Contracting and Review Process n n Form approval and pre-review – see pgs. 7 -10 of the 2011 contract manual Hiring outside counsel – see pg. 11 of the 2011 contract manual – must be pre-approved in writing by OAG pursuant to IC 4 -6 -5 -3 n n n New website for outside counsel approval requests http: //12. 186. 81. 50/ATGInter. Apps/Outside. Counsel. Re quest. Form. aspx Restrictions on hiring counsel on contingency fee basis (SEA 214, P. L. 101 -2011)

Terms and Conditions to which the State will not agree n Any provision requiring that the suit be brought in any State other than Indiana or requiring the contract be constructed in accordance with laws of any State other that those of Indiana n n IC 34 -13 -2 -3(d) Any provision requiring the state to provide indemnity or hold a contractor harmless n n Article X, Section 3 of the Indiana Constitution IC 34 -13 -3

Terms and Conditions to which the State will not agree n Any provision requiring the State to provide insurance n n Any provision requiring the State to pay a retainer or make a deposit, down payment n n IC 4 -13 -1 -17(a) and IC 34 -13 -3 -20(b) unless permitted by IC 4 -13 -2 -20 or IC 4 -20. 5 -5 -7 Any provision requiring the State to pay penalties, liquidated damages, interest or attorney fees n State v. Person, 699 N. E. 2 d 783 - public policy against assessing attorney fees against the State.

Terms and Conditions to which the State will not agree n Any provision limiting disclosure of the contract in violation of the Access to Public Records Act (“APRA”) n n n IC 5 -14 -3 Any provision requiring the State to pay taxes Any provision providing for mandatory resolution or disputes other than through the courts

Terms and Conditions to which the State will not agree n n Any provision modifying the statute of limitations or relating to the time within which a claim must be made Any provision which attempts to apply comparative fault principles in an action between the parties n IC 34 -51 -2 -2

Terms and Conditions Required in State Contracts n Conflict of Interest n n Registration with Secretary of State to do business in Indiana n n IC 5 -22 -16 -4 Drug Free Workplace Certification n n IC 4 -2 -6 -8 and IC 5 -16 -11 -5. 5 Executive Order 90 -5 Ethics n IC 4 -2 -6 and Executive Order 04 -8

Terms and Conditions Required in State Contracts n Employment eligibility verification (E-Verify) n n Telephone privacy compliance n n IC 22 -9 -1 -10 and IC 5 -16 -6 -1 Electronic Payments n n IC 5 -22 -3 -7 Nondiscrimination n n IC 22 -5 -1. 7 IC 4 -13 -2 -14. 8 Non-Collusion Affirmation n IC 5 -22 -16 -6

Miscellaneous Statutes Relating to Contracts n n Oral contracts are unenforceable against the State n IC 4 -13 -2 -14. 2 Contract Term and Renewals – contracts for supplies not to exceed 4 years; can be renewed any number of times (but the renewed contract cannot be longer than the original term) n IC 5 -22 -17 -3 and IC 5 -22 -17 -4 Interlocal Cooperation n IC 36 -1 -7 Acquisition and Disposition of State Real Property n IC 4 -20. 5

The EDS Sheet n Contract cannot be logged into or out of the State’s contract tracking system without an EDS sheet

Rush Requests n n n Rush review requests are to be e-mailed in advance to contracts@idoa. in. gov; jorebaugh@sba. in. gov; and contracts@atg. in. gov Rush contracts will be reviewed promptly by an attorney in the Advisory Division As OAG is last in line to receive a rush contract for review, do not expect approval of a rush contract on the same day it is received by OAG, especially if it is received in the afternoon

FAQs n n n Please see pages 4 -6 of the 2011 contract manual for frequently asked questions regarding the state contracting process Suggestions on how to improve the process are appreciated Thank you for your time and attention!

Questions? contracts@atg. in. gov matt. light@atg. in. gov (317) 232 -6333 http: //www. in. gov/attorneygeneral/2352. htm http: //intranet. idoa. state. in. us/contract/administration. stm http: //www. in. gov/idoa/2349. htm (To view/print/download 2011 Professional Services Contract Manual)