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BASIC PROCUREMENT IN NEW YORK STATE Governor David A. Paterson.

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Presentation on theme: "BASIC PROCUREMENT IN NEW YORK STATE Governor David A. Paterson."— Presentation transcript:

1 BASIC PROCUREMENT IN NEW YORK STATE Governor David A. Paterson

2 Doing Business with New York State Overview of the State Purchasing Process  First Step - Preferred Sources  Second Step - Centralized contracts  Third Step – Agency or multi-agency established contracts  Fourth Step - Agency conducts own procurement Construction Contracts Recommendations for Successful Bidding Marketing information Helpful hints Contract Award Process Procurement Resources Technical Assistance Internet Resources

3 Overview Doing Business with New York State First Step – Agency uses Preferred Sources * Second Step – Agency uses Centralized (State) Contracts* Third Step – Agency determines if an established agency or multi- agency contract can be used Fourth Step – Agency uses centralized service or technology contracts or conducts its own procurement * Must meet Agency’s form, function and utility Review the Procurement Council Guidelines http://www.ogs.state.ny.us/procurecounc/pdfdoc/guidelines.pdf Agency Purchasing Requirements

4 First Step - Preferred Sources Doing Business with New York State First Step Agency uses Preferred Sources The Preferred Sources were statutorily created to advance certain social and economic goals. Learn more about the Preferred Source Program requirements http://www.ogs.state.ny.us/procurecounc/pdfdoc/guidelines.pdf

5 First Step - Preferred Sources Doing Business with New York State Preferred Sources Preferred Source status is granted to ● Dept. of Corrections, Corcraft: www.CORCRAFT.org ● Industries for the Blind of NYS: www.IBNYS.org ● NYS Industries for the Disabled: www.NYSID.org ● Office of Mental Health: www.omh.state.ny.us/omhweb/buyomh / Individual companies cannot become a Preferred Source. Your company may be able to become a supplier to the Preferred Sources. Contact the Preferred Sources directly for information.

6 Second Step - Centralized Contracts Doing Business with New York State Second Step Agency uses Office of General Services (OGS) Centralized Contracts * * statewide contracts that are generally competitively bid or negotiated

7 Second Step - Centralized Contracts OGS awards & administers contracts used by ● State agencies, authorities & public benefit corporations ● Counties, cities, towns, villages ● Public and private K-12 schools ● Volunteer ambulance and fire companies ● Libraries ● Other authorized users http://www.ogs.state.ny.us/purchase/snt/othersuse.asp and many others Doing Business with New York State

8 Second Step - Centralized Contracts Types of OGS Centralized Contracts ● Commodities – mandatory usage http://www.ogs.state.ny.us/purchase/spg/lists/ commodty.asp ● Services – recommended usage http://www.ogs.state.ny.us/purchase/snt/lists/services.asp ● Technology – recommended usage http://www.ogs.state.ny.us/purchase/snt/lists/infotech.asp Doing Business with New York State

9 Second Step - Centralized Contracts Examples of OGS Centralized Contracts Commodities………. A/V Equipment Athletic EquipmentFuels Furniture Microfilm EquipmentCopy Paper Office Supplies Medical Equipment Vehicles Services……….. Rubbish Removal Moving Services Heavy Equipment Rental Temporary Personnel Security Guard Services Bank Card Services Technology………. Telecommunications Computer HardwareIT Services Printers Computer SoftwareNetworking Doing Business with New York State

10 Second Step - Centralized Contracts OGS Centralized Contracts ● More than 2,500 exist ● May contain one item or thousands of items ● Total estimated annual value: $5 billion ● Search Procurement Services Group contracts http://www.ogs.state.ny.us/Purchase/Search/default.asp Doing Business with New York State

11 Second Step - Centralized Contracts Doing Business with New York State OGS Contractor Demographics 59% ….. New York State Businesses 30% ….. New York State Small Businesses 5% ….. Minority Owned Businesses 7% ….. Women Owned Businesses

12 Second Step - Centralized Contracts Register for OGS bid opportunities Online Vendor Registration for Bidder Notification Service (BNS) ● Register your business online at OGS website ● Free & simple process ● Strongly recommend creating a general business e-mail account for bid notifications (for example: bids@yourcompany.com) http://www.ogs.state.ny.us/ovr/Default.asp Doing Business with New York State

13 Second Step - Centralized Contracts Important OGS BNS facts ● Register to receive bids and bid updates ● Choose classification (business) codes to match business ● Add new classification codes at any time ● Maintain up-to-date profile information ● Request e-mail address change or classification removal by contacting customer.services@ogs.state.ny.us Doing Business with New York State

14 Second Step - Centralized Contracts New York State - Office of General Services Procurement Services Group Bid Notification Service ----------------------------------------------------------------------- To: Attention: ----------------------------------------------------------------------- Documents pertaining to a new or revised BID scheduled to open on 4/6/2010 have been posted to the website shown below. Bid Number: 21973 Bid Opening Date: 4/6/2010 Group Number: 38010 - Latex Base Paint, Ready-Mixed Interior, Flat Paint Semi Gloss, Latex Enamel and Low Lustre, Latex Enamel (Statewide) Bid Synopsis/Other Information: None Class Code(s) for this Bid: 31 - Manufacturing Components and Supplies You may view, download or print the Bid Document(s) at: http://www.ogs.state.ny.us/purchase/biddocument/21973I.PDF Important: Click Here for Directions for Submitting a Bid: http://www.ogs.state.ny.us/purchase/biddocument/Bidsubmittaldirections.pdf ----------------------------------------------------------------------- You may view scheduled Bid Openings by visiting our Bid Calendar at: http://www.ogs.state.ny.us/purchase/Bidcalendarlv.asp You may view or update your company's profile and class selections at: http://www.ogs.state.ny.us/ovr Download free Adobe Acrobat Reader: http://www.ogs.state.ny.us/adobereader/AdobeDownload.asp This email is provided as a service of New York State Office of General Services. Questions about this service may be directed to: mailto:customer.services@ogs.state.ny.us Sample e-mail bid notification YOUR NAME HERE Doing Business with New York State

15 Second Step - Centralized Contracts Doing Business with New York State OGS Contract Terms ● Term contracts may be awarded for up to five or more years ● Periodic and continuous recruitment bid opportunities exist to add new vendors to certain contracts http://www.ogs.state.ny.us/purchase/ContinuousBid.asp ● Contracts are for estimated quantities ● Sales result when an agency purchases from the contract ● Sales are not guaranteed; marketing is necessary to generate sales

16 Second Step - Centralized Contracts Doing Business with New York State Businesses should ● Search for and identify contracts related to your business; prepare for next bid opportunity for those contracts ● View current OGS bid opportunities on the bid calendar http://www.ogs.state.ny.us/purchase/Bidcalendarlv.asp

17 Second Step - Centralized Contracts Doing Business with New York State Bid Opportunities ● Identify contract(s) that include goods and/or services offered by your business. ● Learn all you can about the contract area(s) and specific bid requirements. Contracts ● Bidders awarded contracts through the bid process must be prepared to market your goods or services to contract users. Have marketing materials ready! ● A successful bid and resultant contractor number is not a guarantee of a sale. It is a competitive advantage and an opportunity for potential sales.

18 Centralized Contracts Resellers ● Dealers ● Distributors ● Agents Contracts may allow vendor participation BENEFITS ● Maximize manufacturer’s ability to market and support a statewide contract ● Provide opportunities for sale from contractor’s designated local resellers, dealers, distributors or agents ● Promote New York small, minority, women-owned business participation Doing Business with New York State

19 Centralized Contracts Doing Business with New York State How to participate as a reseller, dealer, distributor or agent on OGS centralized contracts ● Check contract to determine availability of participation ● Examples ■ Computer hardware & software ■ Audio/Visual ■ Printers ■ Copiers ■ Furniture ■ Carpet ● Contact contractor directly for participation opportunities ● All sales must agree with contract terms and conditions!

20 Doing Business with New York State Third Step Agency determines if an established agency or multi-agency contract can be used

21 Doing Business with New York State Fourth Step Agency uses centralized service or technology contracts, or conducts its own procurement

22 Fourth Step - Agency Procurement Doing Business with New York State New York State Contract Reporter (NYSCR) www.nyscr.org The NYSCR is New York’s official publication of procurement activity for New York State agencies, public authorities and public benefit corporations (other than notifications from the Office of General Services). State agencies must advertise procurements of $15,000 or more (including discretionary purchases) when they solicit bids from the business community for goods, services and construction projects in the NYSCR.

23 Fourth Step - Agency Procurement Doing Business with New York State NYSCR is FREE! ● Registration is required for general access ● Enhanced service is $79 per year for “E”Alert bid notification service to subscribers ● “E”Alert subscriber chooses type of message & category(ies) of interest ● “E”alert display message contains ● Solicitation title (link to ad) ● Location of project ● Name of Agency soliciting goods/services ● Bid due date

24 Fourth Step - Agency Procurement Doing Business with New York State Daily Publication & Posting Bid Results New ads appear every business day – Monday through Friday ● Ads inserted one day are published the next morning – Friday insertions appear on Monday morning, including holidays ● All ads are searchable, archived & retrievable ● Agencies post bid results Enables marketing of a business to prime contractors

25 Fourth Step - Agency Procurement Doing Business with New York State Agency Discretionary Purchasing Authority Discretionary purchases are procurements made below statutorily established dollar amounts and at the discretion of the agency, without the need for a formal competitive procurement process. Use of discretionary purchasing streamlines the procurement process. Discretionary Purchasing Guidelines http://www.ogs.state.ny.us/procurecounc/pdfdoc/Discret ionaryPurchasingGuidelines.pdf

26 Fourth Step - Agency Procurement Discretionary Purchasing Authority Thresholds ● $50,000 for most state agencies Discretionary levels increase to ● $100,000 for purchases from a New York Small Business or New York Certified Minority or Woman-Owned Business Enterprise (M/WBE) ● $100,000 for commodities or technology that are recycled or remanufactured http://www.ogs.state.ny.us/purchase/spg/pdfdocs/PnpDiscretionaryThresholds.pdf Doing Business with New York State

27 Fourth Step - Agency Procurement New York State Small Business & M/WBE A New York State Small Business is defined as ● Resident to New York State ● Independently owned and operated ● 100 or fewer employees ● Not dominant in its field There is no certification process for “New York State Small Business” A Minority/Woman-Owned Business Enterprise (M/WBE) must be certified by NYS Empire State Development. For information on the certification process, call Empire State Development at 800-782-8369 or visit their website: www.nylovesmwbe.ny.gov/ Doing Business with New York State

28 Fourth Step Agency procurement Construction Opportunities Doing Business with New York State

29 Fourth Step - Agency Procurement Doing Business with New York State New York General Construction Law ● Construction Projects are governed by General Construction Law http://public.leginfo.state.ny.us/menugetf.cgi? COMMONQUERY=LAWS ● Many opportunities exist for subcontractors and suppliers to market to prime contractors in construction projects ● Prime contractors are identified on the Empire State Builder Newsletter and the New York State Contract Reporter websites

30 Fourth Step - Agency Procurement Doing Business with New York State BOND REQUIREMENTS Bonding - process in which a bidder or contractor acquires a bond from a surety firm to assure fulfillment of the bidder or contractor’s obligations to a government agency. If the contractor’s obligations are not met, the bond assures payment to cover loss sustained by the government. Types of bid bonds specified ● Performance Bonds ● Surety bonds ● Bid Bonds

31 Fourth Step - Agency Procurement Doing Business with New York State Construction Related Projects Empire State Builder Newsletter OGS’ public notification service to construction contractors, suppliers, and design, testing and construction management consultants interested in providing building construction services to New York State. Empire State Builder Newsletter is found on OGS home page under “Most Requested Links” at www.ogs.state.ny.us Other state agencies and authorities advertise construction bid opportunities in the New York State Contract Reporter

32 Fourth Step - Agency Procurement Doing Business with New York State Empire State Builder Newsletter Provides current information about ● Construction contracting opportunities (4-5 weeks before bid opening) ● How to acquire bid documents ● Lists of vendors that have ordered bid documents ● Bidder questions and responses ● Addenda available for download ● Recent bid and award results ● Emergency contracting program ● Opportunities for consultant and construction management services

33 Fourth Step - Agency Procurement Doing Business with New York State NYSCR Construction Bid Opportunities State agencies, authorities and public benefit corporations (other than OGS Design & Construction projects) must be advertised in the NYSCR at: www.nyscr.org Find construction projects on NYSCR for ● New York State Dormitory Authority ● State University Construction Fund ● Metropolitan Transportation Authority ● New York State Department of Transportation ● New York State Thruway Authority ● Other state agencies and authorities

34 Doing Business with New York State Recommendations for Successful Bidding Marketing information Helpful hints Contract Award Process

35 Marketing Information Doing Business with New York State Identify your buyer — not all government entities are alike ● State Agencies Operate under State Finance Law ● Municipalities (counties, cities, towns, etc.) Operate under General Municipal Law ● Other Entities Authorities - operate under Public Authorities Law School Districts - operate under General Municipal Law & State Education Law

36 Marketing Information Doing Business with New York State Market to state agencies ● Understand the legal purchasing requirements ● Review the New York State Procurement Guidelines on the OGS website at www.ogs.state.ny.us/procurecounc/pdfdoc/guidelines.pdf ● Use the state agency telephone directory available from the Office for Technology http://www6.oft.state.ny.us/telecom/phones/

37 Marketing Information Doing Business with New York State Marketing Resources The Office of the State Comptroller publishes the “Directory of Frequently Purchased Commodities and Services by New York State Agencies” ● Lists contact information for procurement personnel in New York State agencies ● Lists agencies’ most frequently purchased commodities and services ● Updated annually ● Available online at http://osc.state.ny.us/reports/fiscal/directorycommodities.pdf

38 Marketing Information Doing Business with New York State OGS website Seller Information and Bid Opportunities http://www.ogs.state.ny.us/purchase/seller.asp Contains “A Guide For Small Businesses” and other information about selling to New York State

39 Helpful Hints Doing Business with New York State State Finance Law Bidder Requirements ● Bidder must be responsive to bid requirements ● Bidder must be a responsible bidder - meeting FLIP requirements ● F inancial ● L egal ● I ntegrity ● P ast Performance ● Comptroller’s Vendor Responsibility information http://www.osc.state.ny.us/vendrep/index.htm

40 Helpful Hints Doing Business with New York State Know the vocabulary of procurement ● IFB – Invitation For Bid – used in procurement of commodities, awarded to the responsive and responsible bidder on the basis of lowest price. ● RFP – Request for Proposals – used for procurements when factors in addition to cost are weighed and awarded to the responsive and responsible proposer offering the best value. For a glossary of commonly used procurement terms, refer to the procurement guidelines http://www.ogs.state.ny.us/procurecounc/pdfdoc/guidelines.pdf

41 Helpful Hints Doing Business with New York State Before submitting a bid ● Register with soliciting agency to receive bids and amendments ● Maintain up-to-date business profile to receive proper notifications, where applicable ● Read entire proposal and follow instructions ● Submit questions for clarification during the inquiry period ● Verify bid submittal for accuracy and completeness

42 Helpful Hints Doing Business with New York State Critical points for bid submission ● Submit a timely bid (one minute late may be a late bid resulting in bid rejection) ● Submit a signed and completed bid package ● Price bid competitively ● Submit required mandatory forms ● Be responsive to all bid requirements ● Demonstrate vendor responsibility ● Provide proper licenses, insurance, and current references where required

43 Contract Award Doing Business with New York State Contract Award Process ● Contracts generally require the Office of the State Comptroller’s approval ● Agency award process may take several months for award recommendation prior to final approval by the Comptroller ● The Comptroller’s approval may take up to 90 days

44 Contract Award Doing Business with New York State Contract Award Information ● Office of the State Comptroller Open Book - lists all agency contracts http://www.openbooknewyork.com/ ● Empire State Builder Newsletter – lists all OGS Design & Construction awards ● New York State Contract Reporter – lists all agency bid results ● OGS - lists awarded centralized contracts and bid results ● OGS Continuous/Periodic Recruitment solicitations available http://www.ogs.state.ny.us/purchase/ContinuousBid.asp Once awarded, contracts are monitored to ensure contractor compliance with terms and conditions

45 Contract Award Doing Business with New York State Bid Improvement Opportunities If unsuccessful in receiving an award, request an agency debriefing to learn how to improve future bids A debriefing will detail shortcomings of your bid submission Take notes Ask questions Request assistance from Procurement Technical Assistance Centers http://www.dla.mil/db/procurem.htm Request assistance from Small Business Development Centers in your area http://www.nyssbdc.org

46 Doing Business with New York State Procurement Resources Technical Assistance Internet Resources

47 Technical Assistance Doing Business with New York State Empire State Development (ESD) ● ESD provides procurement guidance, information, and referral to resources to help businesses understand the procurement process and access government procurement opportunities. ESD understands that SALES ARE JOBS! ● ESD is responsible for publishing the New York State Contract Reporter - www.nyscr.org ● ESD has statutory responsibilities under the Omnibus Procurement Act to promote New York business participation in state contracting opportunities as prime contractors, subcontractors and suppliers www.esd.ny.gov

48 Technical Assistance Doing Business with New York State Free Technical Assistance ● Procurement Technical Assistance Centers (PTAC) – funded by the United States Department of Defense - seven PTAC locations in New York http://www.dla.mil/db/procurem.htm ● Small Business Development Centers (SBDC) – administered by State University of New York and funded by the Small Business Administration, New York State, and host campuses for SBDC locations http://www.nyssbdc.org ● Look for procurement “how to” workshops, conferences, and other events on the NYSCR

49 Technical Assistance Doing Business with New York State Internet Resources Office of General Services http://www.ogs.state.ny.us// Empire State Development http://www.esd.ny.gov/ Directory of Small Business Programs http://www.esd.ny.gov/SmallBusiness/Data/Directoryof SmallBizPrograms.pdf NYS Small Business website http://www.nylovessmallbusiness.com

50 Technical Assistance Doing Business with New York State Internet Resources Empire State Builder http://www.ogs.state.ny.us/BU/DC/ESB.asp NYS Contract Reporter http://www.nyscr.org/Public/Index.aspx NYS Minority & Woman Owned Business Enterprise website http://www.nylovesmwbe.ny.gov

51 Contact Us New York State Office of General Services (OGS) Procurement Services Group (PSG) Phone: (518) 474-6717 customer.services@ogs.state.ny.us www.ogs.state.ny.us Doing Business with New York State Empire State Development Procurement Information Services/ New York State Contract Reporter Phone: (518) 292-5220 Or “Contact Us” through the NYS Contract Reporter www.nyscr.org


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