Doing Business with New York State56.pdf

A Guide to Understanding the State’s Procurement Practices

Doing Business With New York State

Office of General Services

New York State’s Procurement Process

Where to Find Bid Opportunities

How to Be a Successful Bidder

Get Certified & Find Resources

Contact Information & Customer Services

How to Get Paid

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About this Guide

This guide is designed as a tool for communicating valuable information on New York State’s procurement practices. Users will be guided through a series of topics to understand the state’s contracting system, identify bid opportunities, learn tips for successful bidding, and discover resources for technical assistance.

This guide is a PDF file with active hyperlinks. If you are reading this on a computer with open access to the Internet, clicking on the website URLs and email addresses will take you directly to the selected webpage or to an email message screen. The directory can also be printed and read as a self-contained guide.

This directory was created in 2010 as a joint venture between the Office of General Services and the Empire State Development Corporation.

Welcome

Procurement Process

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The state’s procurement process addresses such issues as ensuring fair, open, and transparent competition, and establishing vendor responsibility. State procurement must facilitate each agency’s mission while protecting the interests of the state and its taxpayers, and promoting fairness in contracting with the business community. State agencies are required to purchase commodities, services, and technologies in accordance with New York State Finance Law, Article 11. Guidance on Article 11 is set forth in the New York State Procurement Guidelines, issued by the New York State Procurement Council.

State agencies purchase commodities, services and technologies to address a wide range of needs. To meet these varying needs, agencies are mandated to make purchases in the following order:

First: Preferred Sources

Second: Centralized State Contracts for Commodities, Services and Technology

Third: Agency-Established Contracts

Fourth: Agency Conducts Its Own Procurement, Including Discretionary Spending

New York State’s Procurement Process In this section:

The Order of Purchasing Priority for Agencies

■ First: Preferred Sources | 4

■ Second: Centralized State Contracts | 5

■ Third: Agency or Multi-Agency Established Contracts | 6

■ Fourth: Agency Conducts Its Own Procurement, Including Discretionary Spending | 7

New York State’s Procurement Process The Order of Purchasing Priority for Agencies https://ogs.ny.gov/procurement/nys-procurement-guidelines

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First: Preferred Sources

New York State’s Preferred Sources were statutorily created to advance certain social and economic goals. State agencies, public benefit corporations (including most public authorities), municipalities, and school districts are required by law to purchase commodities and services from Preferred Sources first if a Preferred Source offering meets the agency’s form, function, and utility. Commodities or services purchased from Preferred Sources are exempt from the competitive bid process. There are four Preferred Source organizations in New York State:

1. New York State Department Corrections and Community Supervision, Division of Industries— Corcraft, providing employment opportunities for inmates.

2. NYS Preferred Source Program for People who are Blind employment opportunities for blind and visually impaired New Yorkers.

3. New York State Industries for the Disabled, providing employment opportunities for both disabled New Yorkers and veterans.

While it is not possible for any private business to become a Preferred Source, it is possible for a business to partner with a Preferred Source. To identify these opportunities, contact the Preferred Source directly for information.

New York State’s Procurement Process The Order of Purchasing Priority for Agencies

New York State’s Procurement Process In this section:

The Order of Purchasing Priority for Agencies

■ First: Preferred Sources | 4

■ Second: Centralized State Contracts | 5

■ Third: Agency or Multi-Agency Established Contracts | 6

■ Fourth: Agency Conducts Its Own Procurement, Including Discretionary Spending | 7 http://www.corcraft.org http://www.corcraft.org http://www.nyspsp.org/ http://www.nysid.org/

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Second: Centralized State Contracts

The New York State Office of General Services (OGS) is responsible for the state’s system of centralized contracts. There are presently more than 1,500 centralized contracts in place, valued at over $29 billion. Contracts meet a broad range of commodities, services, and technologies that fit the form, function, and utility requirements of contract users. Generally, a centralized contract is established through an open, competitive-bid process among eligible businesses for the purchase of commodities. Service and technology contracts are procured using best value.

In addition to state agencies, centralized contracts are also used by:

■ State authorities and public benefit corporations;

■ Local governments and municipalities;

■ Public and private elementary and secondary schools;

■ Volunteer ambulance and fire companies;

■ Libraries; and

■ Other authorized users.

For more information on who can use OGS centralized contracts, visit: https://ogs.ny.gov/ procurement/ogs-procurement-services-centralized-contract-eligibility-application

There are three types of centralized state contracts: commodity, service, and technology.

State agencies are required to use contracts that meet the agency’s form, function and utility.

Examples of commodity contracts include fuel, vehicles, office supplies, and food. Examples of service contracts include small package delivery and elevator maintenance. Examples of technology contracts include computers, printers, software, and telecommunications.

Visit ogs.ny.gov/procurement/ogs-centralized-contracts to search OGS contracts.

New York State’s Procurement Process The Order of Purchasing Priority for Agencies

New York State’s Procurement Process In this section:

The Order of Purchasing Priority for Agencies

■ First: Preferred Sources | 4

■ Second: Centralized State Contracts | 5

■ Third: Agency or Multi-Agency Established Contracts | 6

■ Fourth: Agency Conducts Its Own Procurement, Including Discretionary Spending | 7 https://ogs.ny.gov/procurement/ogs-procurement-services-centralized-contract-eligibility-application https://ogs.ny.gov/procurement/ogs-procurement-services-centralized-contract-eligibility-application https://ogs.ny.gov/procurement/ogs-centralized-contracts

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Third: Agency or Multi-Agency Established Contracts

Agency or multi-agency contracts are contracts established by an agency or multiple agencies to procure on an ongoing basis and are usually in effect for multiple years. The purchasing agency must determine if such a contract exists that meets its form, function, and utility requirements, and if the contract is structured to allow for inter-agency use.

New York State’s Procurement Process The Order of Purchasing Priority for Agencies

New York State’s Procurement Process In this section:

The Order of Purchasing Priority for Agencies

■ First: Preferred Sources | 4

■ Second: Centralized State Contracts | 5

■ Third: Agency or Multi-Agency Established Contracts | 6

■ Fourth: Agency Conducts Its Own Procurement, Including Discretionary Spending | 7

Procurement Process

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Fourth: Agency Conducts Its Own Procurement, Including Discretionary Spending

When agency requirements cannot be met through a Preferred Source, centralized contract, or other existing agency contract, agencies may conduct their own procurement. This type of procurement may be either a formal competitive bid process or a discretionary spending purchase, depending on the value of the procurement.

Discretionary purchases are procurements made below statutorily established monetary levels and at the discretion of the agencies. While discretionary purchases may not require a formal competitive procurement process, agencies must document and justify the selection and responsibility of the vendor, including: reasonableness of price; compliance with the internal agency policies and procedures; and assurance that purchases meet form, function, and utility requirements. Important to know:

■ Use of discretionary spending streamlines the procurement process;

■ The discretionary purchasing authority threshold is generally $50,000 for most state agency purchases (with some exceptions);

■ Discretionary levels increase to $200,000 when state agencies are purchasing commodities that are food, including milk or milk products, grown, produced, or harvested in New York State;

■ Discretionary levels increase to $500,000 when state agencies are purchasing:

■ From a New York State Certified Minority or Women-Owned Business Enterprise, small business, or Service-Disabled Veteran-Owned business;

■ Commodities or technology that are recycled or remanufactured;

■ State agency purchases for $50,000 or more must be advertised on the New York State Contract Reporter.

For more information on discretionary procurement, view the chart on discretionary spending located on the OSC website or visit the OGS webpage on Discretionary Purchasing Guidelines.

Also see Get Certified & Find Resources to learn more about each of these discretionary spending programs and certifications.

New York State’s Procurement Process The Order of Purchasing Priority for Agencies

New York State’s Procurement Process In this section:

The Order of Purchasing Priority for Agencies

■ First: Preferred Sources | 4

■ Second: Centralized State Contracts | 5

■ Third: Agency or Multi-Agency Established Contracts | 6

■ Fourth: Agency Conducts Its Own Procurement, Including Discretionary Spending | 7 https://web.osc.state.ny.us/agencies/guide/MyWebHelp/Content/files/XI2_A_state_finance_law_thresholds.pdf https://ogs.ny.gov/procurement/nys-procurement-bulletin-discretionary-purchasing-guidelines

Procurement Process

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New York State Contract Reporter - www.nyscr.ny.gov

The New York State Contract Reporter is New York State’s official publication of procurement activity for all state agencies, public authorities, and public benefit corporations. Municipalities and local governments may also, but are not required to, submit ads. The Contract Reporter publishes new ads every business day. All ads are searchable, archived and retrievable.

The Contract Reporter is completely free but, businesses must register for general access. An enhanced eAlert bid match service is available that notifies an account holder when an ad is posted in the business category of interest. Registered users must set up an opportunities profile and choose filters such as the types of ads and categories of interest. eAlert messages may contain the solicitation title with a link to the ad, the location of the project, the name of the agency soliciting goods or services, and the bid due date. Important to know:

■ State entities using the Contract Reporter must advertise procurements of $50,000 or more when soliciting bids from the business community for goods, services and construction projects.

■ State entities may post bid results in their ads on the Contract Reporter, allowing businesses to market their goods or services to the prime contractors.

■ Businesses can choose to be notified of any changes to an ad, such as a change in due date, document uploads and description changes.

■ Users can also create a business account in the Business Registry. State agencies, public authorities and public benefit corporations can extend their outreach. They can also search the Registry to contact the businesses directly for discretionary purchases. Prime contractors can also utilized this database to search for sub-contractors.

■ An Events and Bulletins section is available for federal, state and local business development centers to advertise clinics and special events for small businesses to attend.

■ This replaced the Bidder Notification Service (BNS) previously provided by OGS on October 1, 2014.

Where to Find Bid Opportunities In this section:

■ New York State Contract Reporter | 8

■ OGS Centralized State Contracts | 9-10

■ New York State Construction Opportunities | 11-12

■ Become a Construction Project Subcontractor or Supplier | 13

■ Reach Out to Government Organizations Directly | 14

■ Doing Business with Other States and Countries | 14

Where to Find Bid Opportunities http://www.nyscr.ny.gov

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OGS Centralized State Contracts (page 1 of 2)

All state agencies are required to post bid opportunities valued at $50,000 or more in the New York State Contract Reporter (NYSCR), which is maintained by Empire State Development. Sign-up directly with NYSCR to receive Email Notifications for categories you are interested in selling to state agencies. Those notifications will be sent directly to you. OGS Procurement Services encourages all organizations interested in doing business with the State to sign-up today (www.

nyscr.ny.gov). Businesses should follow these further recommendations to help in the bid process:

■ Monitor the OGS Online Bid Calendar to view upcoming bid opportunities;

■ Search for existing contracts that offer the same goods or services that your business supplies;

■ Study related contracts to learn about the typical terms and conditions of contracts; and

■ Start preparing for the next bid opportunity.

Important to know:

■ Term centralized contracts may be awarded for up to five or more years;

■ Certain centralized contracts may add new vendors through periodic or continuous recruitment bid opportunities;

■ A centralized contract award does not guarantee sales, but provides an opportunity for sales;

■ Sales are generated when state agencies or other authorized users make purchases from the centralized contract;

■ Centralized contract value is based on estimated amounts of sales; and

■ Businesses should market their products or services to eligible centralized contract users in order to promote sales.

Where to Find Bid Opportunities

Where to Find Bid Opportunities In this section:

■ New York State Contract Reporter | 8

■ OGS Centralized State Contracts | 9-10

■ New York State Construction Opportunities | 11-12

■ Become a Construction Project Subcontractor or Supplier | 13

■ Reach Out to Government Organizations Directly | 14

■ Doing Business with Other States and Countries | 14 www.nyscr.ny.gov www.nyscr.ny.gov http://nyspro.ogs.ny.gov/content/finding-bid-opportunities

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OGS Centralized State Contracts (page 2 of 2)

A centralized state contract may allow vendors to participate as authorized resellers, dealers, distributors, or agents. This allows a manufacturer with a centralized contract award to market and support the contract statewide, creating additional sale opportunities. In addition, the use of an authorized reseller, dealer, distributor, or agent promotes and provides opportunities for New York State’s small, minority, or women-owned businesses.

To learn more:

■ Check existing centralized contract terms to determine if the contract authorizes reseller participation. Some common examples include centralized contracts for computer hardware and software, printers and copiers, and audio/visual equipment; and

■ Contact the manufacturer or contractor directly for participation opportunities.

Remember: All sales through an authorized contract reseller, dealer, distributor, or agent must be made in compliance with the centralized contract’s terms and conditions, and are limited to the commodities and services approved under the centralized contract.

Where to Find Bid Opportunities

Where to Find Bid Opportunities In this section:

■ New York State Contract Reporter | 8

■ OGS Centralized State Contracts | 9-10

■ New York State Construction Opportunities | 11-12

■ Become a Construction Project Subcontractor or Supplier | 13

■ Reach Out to Government Organizations Directly | 14

■ Doing Business with Other States and Countries | 14

Procurement Process

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New York State Construction Opportunities (page 1 of 2)

There are two official websites where construction-related* opportunities with New York State can be found:

1. The New York State Contract Reporter: All state agencies, authorities, and public benefit corporations must advertise construction and consultant bids online in the New York State Contract Reporter. One notable exception to this requirement is the Office of General Services (OGS) Design and Construction Group.

Below is a list of several major construction contracting state agencies that advertise in the Contract Reporter:

■ The Dormitory Authority and the State University Construction Fund for new construction and rehabilitation of existing buildings;

■ Metropolitan Transportation Authority, for capital construction, maintenance, and other transit related projects in the New York City metropolitan area;

■ The Department of Transportation and Thruway Authority for roads and highway-related construction statewide; and

■ SUNY/CUNY Facilities Management Offices (located statewide).

*For the purposes of this document, construction-related opportunities includes professional consultant services for engineering, architecture, and land surveying.

Where to Find Bid Opportunities

Where to Find Bid Opportunities In this section:

■ New York State Contract Reporter | 8

■ OGS Centralized State Contracts | 9-10

■ New York State Construction Opportunities | 11-12

■ Become a Construction Project Subcontractor or Supplier | 13

■ Reach Out to Government Organizations Directly | 14

■ Doing Business with Other https://www.nyscr.ny.gov/

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New York State Construction Opportunities (page 2 of 2)

2. The OGS Design and Construction Group bids construction and consultant services on behalf of its state agency clients. As such, OGS is one of the state’s largest contracting agencies and maintains a separate online public notification system for posting information on all OGS construction and consultant bid opportunities. Design and Construction Group opportunities can be found on the OGS website by clicking “Contract Opportunities” under the “Design & Construction” heading.

The OGS Design and Construction portion of the OGS website provides current information on:

■ Construction contract opportunities at least four weeks before the bid opening;

■ The process to acquire bid documents;

■ Lists of vendors that ordered bid documents, bidder questions and responses, and other addenda;

■ Recent bid and award results;

■ Consultant and construction management opportunities; and

■ Emergency contracting.

Where to Find Bid Opportunities

Where to Find Bid Opportunities In this section:

■ New York State Contract Reporter | 8

■ OGS Centralized State Contracts | 9-10

■ New York State Construction Opportunities | 11-12

■ Become a Construction Project Subcontractor or Supplier | 13

■ Reach Out to Government Organizations Directly | 14

■ Doing Business with Other States and Countries | 14 http://www.ogs.ny.gov https://ogs.ny.gov/design-construction

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Become a Construction Project Subcontractor or Supplier

It is important to note that there are many opportunities to become a subcontractor or supplier to a prime construction contractor.* Becoming a subcontractor is an excellent way for trade businesses, or small, minority, or women-owned businesses to gain a foothold on doing business with New York State.

Businesses that could potentially be hired by prime contract holders as a subcontractor or supplier should use the Contract Reporter and the Empire State Builder Newsletter to identify construction projects in their area and find out which companies were awarded contracts.

Businesses are encouraged to market themselves directly to prime contractors.

Certified Minority or Women-Owned Business Enterprises (MWBEs) should periodically review their business information in the state’s MWBE Directory to ensure that all contact and product information is up to date. Prime contract holders use the directory to identify potential suppliers and subcontractors for fulfilling MWBE utilization goals.

*For the purposes of this document, construction-related opportunities includes professional consultant services for engineering, architecture, and land surveying.

Where to Find Bid Opportunities

Where to Find Bid Opportunities In this section:

■ New York State Contract Reporter | 8

■ OGS Centralized State Contracts | 9-10

■ New York State Construction Opportunities | 11-12

■ Become a Construction Project Subcontractor or Supplier | 13

■ Reach Out to Government Organizations Directly | 14

■ Doing Business with Other https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=4687

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Reach Out to Government Organizations Directly

Although procurement activity valued at $50,000 and above must be reported in the Contract Reporter by state agencies, it is important for businesses to identify and market to those agencies that are most likely to purchase what they sell. Discretionary purchasing opportunities valued under $50,000 may not always be advertised in the Contract Reporter. Businesses can search archived solicitations to determine state purchasing patterns and find agency matches for their goods and services. Businesses can contact those agencies directly to request to be placed on their in-house bidder list for notification of upcoming projects.

The Contract Reporter also lists quarterly and semi-annual reports of projected procurements by state agencies, enabling businesses to contact the agencies directly to possibly create transactions. For instance, if an agency lists “Office Furniture, Supplies & Equipment” for future purchasing and a business sells these items, the business can call the agency contact person to directly sell to them. For assistance with contacting agency buyers, see How to Be a Successful Bidder/Marketing.

Doing Business with Other States & Countries

There are significant bid opportunities for businesses seeking growth through government sales in the US and around the world.

■ To access information about domestic customers, interested businesses can find more information about opportunities with other states from the National Association of State Purchasing Officials.

■ For information about selling to Canada, New York’s largest trading partner, Canadian public sector federal and provincial “tenders” are published daily on MERX website.

■ To learn about expanding your business into other international markets, please contact Empire State Development’s International Division for international trade consultation and assistance.

Where to Find Bid Opportunities

Where to Find Bid Opportunities In this section:

■ New York State Contract Reporter | 8

■ OGS Centralized State Contracts | 9-10

■ New York State Construction Opportunities | 11-12

■ Become a Construction Project Subcontractor or Supplier | 13

■ Reach Out to Government Organizations Directly | 14

■ Doing Business with Other States and Countries | 14 http://www.naspo.org http://www.naspo.org http://www.merx.com http://esd.ny.gov/international.html

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Your Business Must Be Responsive and Responsible to Become a Contractor

A responsible bidder is one that has the capacity to fully perform its contractual obligations, and the integrity to justify the award of public dollars. State Finance Law and sound procurement practice dictate that state agencies take reasonable steps to ensure that public contracts are awarded to bidders that are responsive and responsible, including the capability to meet bid requirements and fully perform contractual obligations, and possessing the integrity to justify the award of public dollars. In short, businesses must demonstrate their vendor responsibility prior to the award of the contract. Bidders must be responsive to all the bid requirements and must maintain responsibility throughout the term of the agreement. The responsibility determination is based upon the CLIP review:

■ Capacity (financial and organizational);

■ Legal authority to do business with the state;

■ Integrity of the owners/officers/principals/members and contract managers; and

■ Past performance of the bidder on prior government contracts.

It is up to the bidder to demonstrate and maintain its responsibility as a vendor. For more information, visit the Office of the State Comptroller’s Vendor Responsibility website.

How to Be a Successful Bidder

How to Be a Successful Bidder In this section:

■ Your Business Must Be Responsive and Responsible to Become a Contractor | 15

■ NYS VendRep System | 16

■ Preparing a Bid | 17

■ The Contract Award Process | 18

■ Project Sunlight | 19

■ Restricted Period | 19

■ Marketing | 20-21 http://www.osc.state.ny.us/vendrep/index.htm

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NYS VendRep System

The NYS VendRep System allows business entities (vendors) to enter and maintain their Vendor Responsibility Questionnaire information in a secure, centralized database. The system makes information available to New York State agencies.

The NYS VendRep System requires assignment of NYS Vendor ID number. The Vendor ID is needed to:

■ Enroll in the NYS VendRed System; and

■ Receive payments.

To obtain a Vendor ID, businesses should contact their contracting state agency. If you do not have a contracting state agency, contact the OSC Help Desk.

How to Be a Successful Bidder

How to Be a Successful Bidder In this section:

■ Your Business Must Be Responsive and Responsible to Become a Contractor | 15

■ NYS VendRep System | 16

■ Preparing a Bid | 17

■ The Contract Award Process | 18

■ Project Sunlight | 19

■ Restricted Period | 19 mailto:ciohelpdesk%40osc.state.ny.us?subject=

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Preparing a Bid

In addition to understanding how state agencies purchase and where to find state bid opportunities, businesses should have a thorough understanding of the vocabulary of procurement. The most commonly used procurement words and phrases can be found in the Glossary of Terms in the New York State Procurement Guidelines. For example, within the state bidding process, there are two main types of bids:

■ Invitation for Bid (IFB): Used in the procurement of commodities and awarded to the responsive and responsible bidder on the basis of lowest price; and

■ Request for Proposals (RFP): Used for procurements when factors in addition to cost are weighed. The contract is awarded to the responsive and responsible proposer offering the best value.

Businesses should read the entire bid proposal, follow the bid instructions, and review their bid package for accuracy and completeness before submittal. Other critical points for award consideration include:

■ Submitting a timely bid (by law, even one minute late may result in a bid rejection);

■ Being responsive to all bid requirements, including all amendments during the bid solicitation period;

■ Submitting a signed bid package complete with all the mandatory forms;

■ Pricing the bid competitively;

■ Demonstrating vendor responsibility; and

■ Providing proper licenses, insurance, and current references where required.

Note that during the inquiry period, businesses may submit questions for clarification to the designated contact.

How to Be a Successful Bidder

How to Be a Successful Bidder In this section:

■ Your Business Must Be Responsive and Responsible to Become a Contractor | 15

■ NYS VendRep System | 16

■ Preparing a Bid | 17

■ The Contract Award Process | 18

■ Project Sunlight | 19

■ Restricted Period | 19 http://www.ogs.ny.gov/procurement/nys-procurement-guidelines

Procurement Process

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How to Be a Successful Bidder

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How to Get Paid

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The Contract Award Process

Once bids are received by the procuring agency, the award process may take several months to complete. The agency evaluates bids and makes a recommendation for award to the Office of the State Comptroller (OSC). OSC has up to 90 days to approve or reject a contract.

The following resources provide contract award information:

■ The Office of the State Comptroller Open Book includes state agency and local government spending, including:

■ State Agency Contracts: Search active state agency contracts and certain state authority contracts to see who is doing business with the state—information is updated daily.

■ Local Government Spending: View how county, city, town village, fire or school district gets and spends money—information is updated daily.

■ The New York State Contract Reporter lists agency bid results, with the exception of OGS centralized state contracts and OGS Design and Construction contracts;

■ The New York State Procurement website lists awarded centralized contracts and bid results; and

■ The OGS website posts all OGS Design and Construction contract awards.

Businesses that were not successful may follow the specified process in the IFB or RFP to request a debriefing. A debriefing will detail the shortcomings of a bid submission. During a debriefing, businesses should take notes and ask questions.

To help businesses with the bidding process, free technical assistance is available from a Procurement Technical Assistance Center or Small Business Development Center.

How to Be a Successful Bidder

How to Be a Successful Bidder In this section:

■ Your Business Must Be Responsive and Responsible to Become a Contractor | 15

■ NYS VendRep System | 16

■ Preparing a Bid | 17

■ The Contract Award Process | 18

■ Project Sunlight | 19

■ Restricted Period | 19

■ Marketing | 20-21 http://www.openbooknewyork.com/ https://www.nyscr.ny.gov/ https://ogs.ny.gov/procurement http://www.ogs.ny.gov http://www.dla.mil/SmallBusiness/Pages/ptac.aspx http://www.nyssbdc.org/

Procurement Process

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How to Be a Successful Bidder

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Contact Information & Customer Services

How to Get Paid

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Project Sunlight

If you meet with government representatives, it must be documented. Project Sunlight is a component of the Public Integrity Reform act of 2011. It is an online database that provides information to the public on which entities and individuals are interacting with government decision-makers. The law requires that a “covered” employee must record “appearances” with entities to the online, searchable database. The appearance must be reported regardless of how formal the meeting is. Learn more at: projectsunlight.ny.gov.

Restricted Period

Procurement lobbying laws in New York say that the period of time between when a contract solicitation begins and the contract is awarded or the decision to not pursue an award is made, the Office of General Services (OGS) and Procurement Services staff, other than the designated contact, cannot discuss the contract with interested businesses. This is often called the restricted period. To see a list of OGS solicitations in a restricted period visit: https://ogs.ny.gov/ procurement/restricted-period-lists.

How to Be a Successful Bidder

How to Be a Successful Bidder In this section:

■ Your Business Must Be Responsive and Responsible to Become a Contractor | 15

■ NYS VendRep System | 16

■ Preparing a Bid | 17

■ The Contract Award Process | 18

■ Project Sunlight | 19

■ Restricted Period | 19

■ Marketing | 20-21 http://projectsunlight.ny.gov https://ogs.ny.gov/procurement/restricted-period-lists https://ogs.ny.gov/procurement/restricted-period-lists

Procurement Process

Where to Find Bid Opportunities

How to Be a Successful Bidder

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Contact Information & Customer Services

How to Get Paid

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Marketing (page 1 of 2)

Marketing is a fundamental way for businesses to be recognized by the state agencies making purchasing decisions. Many marketing strategies for vendors trying to engage in business with New York State have already been presented throughout this document. First and foremost, it is important to understand the buyer. As not all government entities are alike—state agencies, municipalities, and other entities operate under different laws and therefore have varying purchasing procedures and/or restrictions:

■ New York State agencies operate under State Finance Law (see the Order of Purchasing Priority for Agencies);

■ Municipalities (e.g., counties, cities, towns) operate under General Municipal Law;

■ Authorities operate under Public Authority Law; and

■ School districts operate under General Municipal Law and State Education Law.

For help in understanding the state’s legal purchasing requirements, review the New York State Procurement Guidelines.

Another useful marketing resource is the Office of the State Comptroller’s Directory of Frequently Purchased Commodities and Services by New York State Agencies. The directory, which is updated annually, includes contact information for procurement personnel in New York State agencies. This is useful for businesses that may want to engage in direct marketing to agencies that purchase the commodities or services in their business sector. For contact information, visit the State Organizational Telephone Directory on the Office of Information Technology Services website.

Each spring, the OGS hosts the NY GovBuy & Trade Show, a procurement event that connects state buyers with businesses interested in selling to NYS. The event is usually attended by over 1200 state agency and local government buyers. Booths at the trade show during this two day event are available at a reasonable fee. For more information, visit ogs.ny.gov/nygovbuy or contact OGS at customer.services@ogs.ny.gov.

How to Be a Successful Bidder

How to Be a Successful Bidder In this section:

■ Your Business Must Be Responsive and Responsible to Become a Contractor | 15

■ NYS VendRep System | 16

■ Preparing a Bid | 17

■ The Contract Award Process | 18

■ Project Sunlight | 19

■ Restricted Period | 19

■ Marketing | 20-21 http://ogs.ny.gov/procurement/nys-procurement-guidelines http://ogs.ny.gov/procurement/nys-procurement-guidelines http://www.osc.state.ny.us/reports/fiscal/directorycommodities.pdf http://www.osc.state.ny.us/reports/fiscal/directorycommodities.pdf http://phonedirectory.ny.gov/telecom/phones/ https://ogs.ny.gov/nygovbuy mailto:customer.services%40ogs.ny.gov?subject=

Procurement Process

Where to Find Bid Opportunities

How to Be a Successful Bidder

Get Certified & Find Resources

Contact Information & Customer Services

How to Get Paid

Home Contact Us

Marketing (page 2 of 2)

The following websites offer valuable resources for marketing to different government organizations:

Schools & Colleges

NYSED Directory of Schools – www.p12.nysed.gov/irs/schoolDirectory

NYS Association of School Business Officials – www.nysasbo.org

State University of NY (SUNY) – www.suny.edu/meansbusiness

Boards of Cooperative Educational Services – www.boces.org

Local Government

NYS Association of Counties – www.nysac.org

Association of Towns of the State of NY – www.nytowns.org

Conference of Mayors & Municipal Officials – www.nycom.org

NYS County Highway Superintendents Association – www.countyhwys.org

NY State Association of Municipal Purchasing Officials – https://nysampo.us/

Medical Professionals & Facilities

Health Research Inc. Contract Catalog – https://www.healthresearch.org/funding-opportunities/

How to Be a Successful Bidder

How to Be a Successful Bidder In this section:

■ Your Business Must Be Responsive and Responsible to Become a Contractor | 15

■ NYS VendRep System | 16

■ Preparing a Bid | 17

■ The Contract Award Process | 18

■ Project Sunlight | 19

■ Restricted Period | 19

■ Marketing | 20-21 www.p12.nysed.gov/irs/schoolDirectory www.nysasbo.org http://www.suny.edu/meansbusiness www.boces.org www.nysac.org www.nytowns.org www.nycom.org www.countyhwys.org https://nysampo.us/ https://www.healthresearch.org/funding-opportunities/

Procurement Process

Where to Find Bid Opportunities

How to Be a Successful Bidder

Get Certified & Find Resources

Contact Information & Customer Services

How to Get Paid

Home Contact Us

New York State Business Services Center (BSC)

The New York State Business Services Center (http://bsc.ogs.ny.gov/) is responsible for issuing purchase orders and processing payments on behalf of state agencies through the Statewide Financial System (SFS). This includes a vendor self-service portal that allows vendors to access readily maintain addresses, contact information, the status of a purchase order, and information on invoices or payments. For questions on previously submitted invoices or past due invoices, please contact APinquiries@ogs.ny.gov.

Statewide Financial System (SFS) Self-Service Portal

This online application is the preferred method to perform maintenance to a vendor’s New York State vendor account information on the Vendor File. If you have not already signed up for this convenient and helpful tool, information on doing so is also available on the State Comptroller’s website at: www.osc.state.ny.us/vendor_management.

Office of the State Comptroller (OSC) Electronic Payment Process ePayments is the Office of the State Comptroller’s electronic payment program. All vendors should consider signing up for Electronic Payments with OSC to ensure that once your invoice is processed by the OGS Business Services Center (BSC), funds are transferred directly to your bank account quickly and securely. Although vendors are not required to enroll in ePayments, those who do, get paid much faster. The program saves time, tax dollars and is secure. To learn more about ePayments, visit the State Comptroller’s website at: www.osc.state.ny.us/ vendors/epayments.htm.

For additional information on required forms, publications, and who to contact, visit the BSC “NYS Vendors” link at: https://bsc.ogs.ny.gov/nys-vendors.

How to Get Paid http://bsc.ogs.ny.gov/ http://www.sfs.ny.gov/index.php?option=com_content&view=article&id=163:vendor-knowledge-and-support&catid=96:vendor-knowledge-and-support&Itemid=684 http://www.sfs.ny.gov/index.php?option=com_content&view=article&id=163:vendor-knowledge-and-support&catid=96:vendor-knowledge-and-support&Itemid=684 http://www.osc.state.ny.us/vendor_management/index.htm mailto:APinquiries%40ogs.ny.gov?subject= http://www.osc.state.ny.us/vendor_management http://www.osc.state.ny.us/vendors/epayments.htm http://www.osc.state.ny.us/vendors/epayments.htm https://bsc.ogs.ny.gov/nys-vendors

Procurement Process

Where to Find Bid Opportunities

How to Be a Successful Bidder

Get Certified & Find Resources

Contact Information & Customer Services

How to Get Paid

Home Contact Us

Small Businesses

A “New York State Small Business” is defined as a company that is a resident to New York State, independently owned and operated, with 100 or fewer employees, and not dominant in its field. There is no certification process to be considered a New York State Small Business.

The majority of businesses in New York State are small businesses; they supply over one-third of the services and commodities purchased by agencies under state centralized contracts.

While some small businesses may not have the capacity to bid on a centralized contract, many are able to gain experience by:

■ Participating as authorized resellers, dealers, distributors, or agents for certain centralized contracts;

■ Becoming suppliers or subcontractors to prime contractors; or

■ Identifying discretionary purchasing opportunities.

For more information, and to view frequently asked questions, see Empire State Development’s New York State Directory of Small Business Programs.

Minority and Women-Owned Business Enterprises (MWBEs)

Executive Law Article 15-A, signed into law in 1988, established guidelines for state agencies to establish business and contract utilization goals for certified enterprises owned by minorities and women. Article 15-A defines an MWBE as at least 51 percent owned and controlled by minority or women members. Contract spending thresholds establish goals for using New York-certified MWBEs as subcontractors or suppliers. Businesses meeting the criteria to qualify as a New York-certified MWBE firm are strongly recommended to become certified. For more information, contact Empire State Development MWBE Help Desk at 212.803.2414.

New York-certified MWBEs should periodically review their business information in the state’s MWBE Directory to ensure that all contact and product information is up to date. Prime contractors use the Directory to identify potential suppliers and subcontractors for fulfilling MWBE utilization goals.

Get Certified & Find Resources In this section:

■ Small Businesses | 23

■ Minority and Women-Owned Business Enterprises | 23

■ Service-Disabled Veteran- Owned Businesses | 24

■ Environmentally Preferable Purchasing | 24

■ BuyNY Food | 25

■ Empire State Development | 25

■ Technical Assistance | 26

■ Internet Resources | 26-27

Get Certified & Find Resources https://esd.ny.gov/sites/default/files/SmallBizDirectory.pdf

Procurement Process

Where to Find Bid Opportunities

How to Be a Successful Bidder

Get Certified & Find Resources

Contact Information & Customer Services

How to Get Paid

Home Contact Us

Service-Disabled Veteran-Owned Businesses

The Service-Disabled Veteran-Owned Business Act, signed into law by Governor Andrew M. Cuomo on May 12, 2014, allows eligible Veteran business owners to become certified as a New York State Service-Disabled Veteran-Owned Business (SDVOB) in order to increase participation in New York State’s contracting opportunities. The OGS Division of Service- Disabled Veterans’ Business Development is responsible for certifying eligible businesses and assisting with SDVOB participation in the state’s procurement activities.

If you are a service-disabled Veteran, own your own business and are interested in becoming certified as a New York State Service-Disabled Veteran-Owned Business, please complete and submit the application online at: ogs.ny.gov/veterans.

Environmentally Preferable Purchasing

New York State establishes a variety of contracts that address environmental issues, including green cleaning products and supplies, recycled and remanufactured products, and more.

Those contracts are identified as such on the OGS website, and many of them are influenced by Executive Order 4 (ogs.ny.gov/greenny-purchasing-requirements-and-tools). OGS is in the process of collaborating with several interested state agencies on a new website presentation for Environmentally Preferable Purchasing.

Get Certified & Find Resources

Get Certified & Find Resources In this section:

■ Small Businesses | 23

■ Minority and Women-Owned Business Enterprises | 23

■ Service-Disabled Veteran- Owned Businesses | 24

■ Environmentally Preferable Purchasing | 24

■ BuyNY Food | 25

■ Empire State Development | 25

■ Technical Assistance | 26

■ Internet Resources | 26-27 http://ogs.ny.gov/veterans https://ogs.ny.gov/greenny-purchasing-requirements-and-tools

Procurement Process

Where to Find Bid Opportunities

How to Be a Successful Bidder

Get Certified & Find Resources

Contact Information & Customer Services

How to Get Paid

Home Contact Us

BuyNY Food

Created in December 2014 by Governor Cuomo at the first-ever Farm to Table Upstate- Downstate Agriculture Summit, the Buy NY local food sourcing initiative is a collaborative effort across the food supply chain that connects government entities, farmers, and food processors.

The effort is intended to build partnerships to promote New York food products while educating New Yorkers and supporting healthy living and obesity prevention initiatives. More information is available at ogs.ny.gov/procurement/buyny-guidelines certified MWBEs and SDVOBs, as well as NYS small businesses and companies who sell NYS food or recycled/remanufactured products, are eligible for increased agency discretionary spend levels, as outlined in the section titled New York State’s Procurement Process/The Order of Purchasing Priority for Agencies/ Fourth: Agency Conducts Its own Procurement, Including Discretionary Spending.

Empire State Development

Empire State Development (ESD) is charged with statutory responsibilities under the Omnibus Procurement Act to promote New York State business participation in state procurement opportunities. In addition to promoting New York State firms as prime contractors, ESD works to connect primes on state projects with New York State subcontractors and suppliers; and New York State-certified Minority and Women-Owned Business Enterprises. ESD provides procurement guidance as well as information and referral assistance to help businesses understand the government procurement process and connect them with available resources for technical assistance. ESD services include:

■ Publishing the New York State Contract Reporter;

■ Providing New York State MWBE certification;

■ Administering business development and tax incentive programs; and

■ Providing financial and technical assistance to businesses.

ESD understands that sales for New York State businesses equals jobs for New Yorkers. Visit the ESD website at: www.esd.ny.gov.

Get Certified & Find Resources

Get Certified & Find Resources In this section:

■ Small Businesses | 23

■ Minority and Women-Owned Business Enterprises | 23

■ Service-Disabled Veteran- Owned Businesses | 24

■ Environmentally Preferable Purchasing | 24

■ BuyNY Food | 25

■ Empire State Development | 25

■ Technical Assistance | 26

■ Internet Resources | 26-27 https://ogs.ny.gov/procurement/buyny-guidelines www.esd.ny.gov

Procurement Process

Where to Find Bid Opportunities

How to Be a Successful Bidder

Get Certified & Find Resources

Contact Information & Customer Services

How to Get Paid

Home Contact Us

Technical Assistance

Free business technical assistance is provided by a number of public and privately-funded organizations, including:

■ Procurement Technical Assistance Centers (PTAC), which are funded by the US Department of Defense. There are seven PTAC locations in New York State.

■ The New York State Small Business Development Center, which is administered by the State University of New York and funded by the US Small Business Association, New York State, and host campuses for Small Business Development Center locations statewide.

Internet Resources (page 1 of 2)

Office of General Services: https://ogs.ny.gov/

■ Office of General Services, Procurement Services: https://ogs.ny.gov/procurement

■ Office of General Services, Design and Construction Opportunities: https://ogs.ny.gov/ design-construction

■ Office of General Services, Division of Service-Disabled Veteran-Owned Business Development: https://ogs.ny.gov/veterans

■ Office of General Services, e-Marketplace: https://ogs.ny.gov/procurement/emarketplace

Empire State Development: www.esd.ny.gov

■ New York State Division of Small Business: www.esd.ny.gov/SmallBusiness.html

■ Division of Minority and Women’s Business Development: www.esd.ny.gov/MWBE.html

■ New York State Contract Reporter: www.nyscr.ny.gov

Get Certified & Find Resources

Get Certified & Find Resources In this section:

■ Small Businesses | 23

■ Minority and Women-Owned Business Enterprises | 23

■ Service-Disabled Veteran- Owned Businesses | 24

■ Environmentally Preferable Purchasing | 24

■ BuyNY Food | 25

■ Empire State Development | 25

■ Technical Assistance | 26

■ Internet Resources | 26-27 http://www.dla.mil/SmallBusiness/Pages/ptac.aspx http://www.nyssbdc.org/ https://ogs.ny.gov/ https://ogs.ny.gov/procurement https://ogs.ny.gov/design-construction https://ogs.ny.gov/design-construction https://ogs.ny.gov/veterans https://ogs.ny.gov/procurement/emarketplace www.esd.ny.gov www.esd.ny.gov/SmallBusiness.html www.esd.ny.gov/MWBE.html http://www.nyscr.ny.gov

Procurement Process

Where to Find Bid Opportunities

How to Be a Successful Bidder

Get Certified & Find Resources

Contact Information & Customer Services

How to Get Paid

Home Contact Us

Internet Resources (page 2 of 2)

Office of the State Comptroller:…