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BASIC PROCUREMENT IN NEW YORK STATE

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

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BASIC PROCUREMENT IN NEW YORK STATE

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

  2. 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 Doing Business with New York State

  3. 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 Doing Business with New York State Agency Purchasing Requirements Overview

  4. 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 Doing Business with New York State First Step - Preferred Sources

  5. 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. First Step - Preferred Sources

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

  7. Doing Business with New York State • 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 Second Step - Centralized Contracts

  8. 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 Second Step - Centralized Contracts

  9. Doing Business with New York State • Examples of OGS Centralized Contracts • Commodities………. • A/V Equipment Athletic Equipment Fuels • Furniture Microfilm Equipment Copy 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 Hardware IT Services • Printers Computer Software Networking Second Step - Centralized Contracts

  10. Doing Business with New York State • 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 Second Step - Centralized Contracts

  11. 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 Second Step - Centralized Contracts

  12. Doing Business with New York State • 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 Second Step - Centralized Contracts

  13. Doing Business with New York State • 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 Second Step - Centralized Contracts

  14. 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 Doing Business with New York State YOUR NAME HERE Sample e-mail bid notification Second Step - Centralized Contracts

  15. 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 Doing Business with New York State Second Step - Centralized Contracts

  16. 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 Doing Business with New York State Second Step - Centralized Contracts

  17. 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. Doing Business with New York State Second Step - Centralized Contracts

  18. Doing Business with New York State • 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 Centralized Contracts

  19. 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! Doing Business with New York State Centralized Contracts

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

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

  22. 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. Fourth Step - Agency Procurement

  23. 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 Doing Business with New York State Fourth Step - Agency Procurement

  24. 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 Fourth Step - Agency Procurement

  25. 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/DiscretionaryPurchasingGuidelines.pdf Fourth Step - Agency Procurement

  26. Doing Business with New York State • 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 Fourth Step - Agency Procurement

  27. Doing Business with New York State • 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 BusinessEnterprise (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/ Fourth Step - Agency Procurement

  28. Doing Business with New York State Fourth Step Agency procurementConstruction Opportunities

  29. 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 Doing Business with New York State Fourth Step - Agency Procurement

  30. 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 Doing Business with New York State Fourth Step - Agency Procurement

  31. 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 Doing Business with New York State Fourth Step - Agency Procurement

  32. 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 Doing Business with New York State Fourth Step - Agency Procurement

  33. 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 Doing Business with New York State Fourth Step - Agency Procurement

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

  35. 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 Doing Business with New York State Marketing Information

  36. 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/ Doing Business with New York State Marketing Information

  37. 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 Doing Business with New York State Marketing Information

  38. 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 Doing Business with New York State Marketing Information

  39. State Finance Law Bidder Requirements Bidder must be responsive to bid requirements Bidder must be a responsible bidder - meeting FLIPrequirements Financial Legal Integrity PastPerformance Comptroller’s Vendor Responsibility informationhttp://www.osc.state.ny.us/vendrep/index.htm Doing Business with New York State Helpful Hints

  40. 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. Doing Business with New York State For a glossary of commonly used procurement terms, refer to the procurement guidelines http://www.ogs.state.ny.us/procurecounc/pdfdoc/guidelines.pdf Helpful Hints

  41. 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 Doing Business with New York State Helpful Hints

  42. 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 Doing Business with New York State Helpful Hints

  43. 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 Doing Business with New York State Contract Award

  44. 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 Doing Business with New York State Contract Award

  45. 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 Doing Business with New York State Contract Award

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

  47. 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! ESDis responsible for publishing the New York State Contract Reporter - www.nyscr.org ESDhas 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 Doing Business with New York State Technical Assistance

  48. Free Technical Assistance Procurement Technical Assistance Centers (PTAC) – funded by the United States Department of Defense - seven PTAC locations in New Yorkhttp://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 locationshttp://www.nyssbdc.org Look for procurement “how to” workshops, conferences, and other events on the NYSCR Doing Business with New York State Technical Assistance

  49. 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/DirectoryofSmallBizPrograms.pdf NYS Small Business website http://www.nylovessmallbusiness.com Doing Business with New York State Technical Assistance

  50. 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 Doing Business with New York State Technical Assistance

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