Office of Criminal Justice Grants
Third-Party Contractor or Consultant Determinations
The determination checklist indicated I was entering into a relationship with a CONTRACTOR or a CONSULTANT, what do I do now?
Now that you have determined your contractual service relationship is with a third-party contractor or consultant, there are some federal and state compliance requirements that must be incorporated into the contractual agreement between the two of you. These requirements are found in:
In order to assist our recipients with compliance requirements for third-party CONTRACTORS, OCJG developed the Third-Party Contract Compliance Checklist. This checklist must be completed and submitted to OCJG at the time of application, along with a copy of your executed (signed) third-party agreement.
The contract compliance checklist is NOT required for third-party CONSULTANT determinations. However, a copy of the executed (signed) agreement and/or approved purchase order must be submitted to OCJG at the time of application. In addition, consultant rates exceeding $650/day (or $81.25/hour) require OCJG to obtain prior approval from DOJ. If the consultant rate exceeds this threshold, a Consultant Rate Justification Form must be completed and submitted to OCJG.
As a recipient/subrecipient of federal funds, you are responsible for ensuring your agreements comply with the required provisions. If you have an existing contractual agreement with your contractor, you must ensure the agreement is modified to incorporate and comply with the relevant elements outlined in the compliance checklist. Failure to ensure your agreements meet the federal contracting compliance requirements will result in a finding on your award at the time of monitoring.