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DIVISION/DEPT COVER
A Division of Empire State Development
1/3/2018
DIVISION TITLE AND CONTENT
2
• How the Agency Operates
Overview of Empire State Development
Overview of Division of Minority and Women’s Business Development
• How NYS Buys
Order of Purchasing Priorities
Agency Contracting– including discretionary spending
NYS Contract Reporter
• Leveraging Your Certification
NYS Contract Reporter
Methods and tools for marketing to state agencies
Supply-Demand Utilization initiative
• Utilizing available resources
MWBE Business Development Unit
Technical Assistance Centers
Agenda
SECTION HEADER
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Empire State
Development
Responsibilities
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Empire State Development As New York State’s chief economic development agency, ESD utilizes a combination of tools
from efficient use of loans, grants, tax credits, real estate development, and marketing to strive towards it mission.
• ESD Mission:
Promote a vigorous and growing state economy Encourage business investment and job creation Support diverse, prosperous local economies across New York State
• The Division’s Mission: Promote equality of economic opportunities for MWBEs
Eliminate barriers to MWBE participation in state contracts
Provide information and resources that increase access to opportunities for MWBEs throughout the State
Promotes & Assists MWBEs through outreach, training, technical assistance and support
SECTION HEADER
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Order of
Purchasing
Priority
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1st
Preferred
Sources
2nd
Centralized
Contracts
3rd
Agency-
Established
Contracts
4th
Conduct
Own Procurement
Understanding the Order of Purchasing
Priority
**Must meet FORM, FUNCTION, and UTILITY**
State finance law requires government to follow a
process to make purchases.
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List of NYS Preferred Sources
• Department of Corrections & Community Supervision | Corcraft
www.corcraft.org
• NYS Preferred Source Program for People Who Are Blind
www.nyspsp.org
• NYS Industries for the Disabled
www.nysid.org
Learn more at:
www.nyspro.ogs.ny.gov/content/buying-preferred-source-0
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Centralized Contracts • 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.
Visit www.nyspro.ogs.ny.gov/content/procurement-services-contract-portal to search OGS
contracts.
• 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.
• The New York State Office of General Services (OGS) is responsible for the state’s system of
centralized contracts. There are presently more than 1,100 centralized contracts in place, valued
at over $17 billion.
• Contracts meet a broad range of commodities, services, and technologies that fit the form,
function, and utility requirements of contract users.
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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.
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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.
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• They fall into two categories: Purchases BETWEEN $50,000.00-$200,000.00
• Agencies must justify to support both vendor selection and reasonableness
of the price.
Purchases LESS THAN $50,000.00
Agencies are NOT required to Advertise these procurements on the
Contract Reporter.
• NOTE: Discretionary Purchases cannot be construction related products or
services.
What Are Discretionary Purchases?
12
For discretionary purchases, there are instances where agencies/authorities will
target the procurements to MWBE’s:
Example
• “HRPT intends to procure Fire Alarm Systems monitoring, inspection, repair and
maintenance services pursuant to its discretionary purchasing authority under
State Finance Law 163(6). This procurement opportunity is for businesses
certified pursuant to Article 15-A of the New York State Executive Law
(Minority and Women Business Enterprises) and New York State small
businesses.”
• NOTE: Discretionary Purchases cannot be construction related products or
services.
MWBE Targeted Procurements
SECTION HEADER
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Locating
Contracting
Opportunities
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When looking at the procurement, pay particular attention to the following:
• Does it contain language on any of the following:
Diversity Practices, Mentor-Protégé, Quantitative factor
• These contract provisions facilitate the utilization of MWBEs by placing a scoring
criteria on the procurement that rewards the participation of MWBEs through:
Prime contract (Quantitative factor)
The presence and participation of MWBEs as protégés on NYS contracts
(Mentor-Protégé)
Historical performance of prime to engage MWBEs in their supply chain
(Diversity Practices)
• These are only awarded on best value contracts only
Key Considerations
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New York State Contract Reporter
• New York State’s official source of contracting opportunities
IFBs, RFPs, and some discretionary spending ads listed from NYS agencies and
authorities
Prime contractors may also advertise on the NYSCR
Generally, solicitations on the NYSCR have yet to be awarded
• Create a FREE username/password
• Search for Procurement Opportunities by contract size, location, agency, etc.
• Create customize alerts on procurement opportunities
• Join the NYS Business Registry for FREE
Your business can be listed on the NYS Business Registry for FREE regardless of
certification status
DIVISION TITLE AND CONTENT
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To Find NYS Procurements
New York State Contract Reporter www.nyscr.ny.gov
Finding Opportunities with the NYS Contract Reporter
NYS’s official publication of procurement activity for NYS agencies, public authorities and public benefit corporations. • Create a FREE username/password • Primes/NYS Agencies & Authorities advertise opportunities
on the NYSCR • Search for Procurement Opportunities: contract size,
location, agency, industry, etc. • Receive customized alerts based on preferences • Join the NYS Business Registry for FREE for vendor to vendor
sub-contracting opportunities. Your business can be listed on the NYS Business
Registry for FREE regardless of certification status
• IFBs, RFPs, and some discretionary spending ads listed
from NYS agencies and authorities
• Prime contractors may also advertise on the NYSCR
• Generally, solicitations on the NYSCR have yet to be awarded
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All recently
advertised RFPs,
IFBs, etc. are
viewable in “OPEN
OPPORTUNITIES.”
The list will show all
recently released
procurement
notices.
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When viewing procurement
notices, be mindful IF there
are:
• - Identified Goals
• - Due Dates
• - Pre-Bid Meetings/Walk-
throughs
• - Unique method of
response and/or inquiry
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When viewing procurement
notices, look for:
• Opportunity type
• If Diversity Practices,
what is the language
used
• Response due date
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Agency Websites
• All procurements are not listed in the NYS Contract
Reporter (NYSCR)
Your market analysis should show you which agencies
and authorities purchase what you sell.
You should become familiar with where the
procurements are listed, and bid results are
announced and bookmark it
SECTION HEADER
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Getting Paid
and Vendor
Requirements
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Business Services Center The New York State Business Services Center is responsible for issuing purchase orders and processing payments on behalf of state agencies through the Statewide Financial System (SFS) for procurements with NYS agencies. This does not include NYS authorities (MTA, NYPA, Thruway, ESD, for which you will deal with the authority directly).
Vendor self-service portal allows vendors to: Maintain addresses Contact information Status of a purchase order Information on invoices or payments
For inquiries on submitted invoices or past due invoices, email APinquiries@ogs.ny.gov.
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Statewide Financial System Online application is the preferred method to perform maintenance to a vendor’s New York State vendor account. To sign up or for more information, visit: www.osc.state.ny.us/vendors/vendorguide/guide.htm#address
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Vendor Responsibility 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 VendRep System; Receive payments
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Restricted Period
Procurement lobbying laws in New York State require that the period of time between when a contract solicitation begins and the contract is awarded (or not awarded), the Office of General Services (OGS) and Procurement Services staff, other than the designated contact, cannot discuss the contract with the interested businesses.
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Debriefing on 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 ask questions take notes.
SECTION HEADER
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Marketing to
Agencies
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Accurate Vendor Profile is the
Key to Being Found! Maintaining the Profile: • Contact information; address, legal business
name and contact person
• Business Description • Industry Code Classifications
Core Strengths Expanding Capabilities Classifications matching agency contracts
• Gross Sales and Market Area
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Marketing Strategies
• Develop Capabilities Statement • Identify MWBE Liaison
Phone Calls Emails In-Person Meeting
• Ask Questions • Request to Submit Quotes
DIVISION TITLE AND CONTENT
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To Find NYS Procurements
www.openbooknewyork.com
Finding Opportunities with Open Book
OPEN BOOK NEW YORK NYS Office of the State Comptroller: • Web portal allows for visibility into
active NYS contracts. • Search by State agencies/authorities
or vendor. • View contract number, vendor,
contract amount, spent to date, and contract expiration date.
DIVISION TITLE AND CONTENT
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Finding Opportunities with the NYS E-Book
• Compiled directory of all state
agencies and public authorities.
• Learn about each state
agency/authority and their upcoming
procurements.
• Provides full contact information to
procurement and MWBE liaisons.
• Hyperlink to agency’s procurement
opportunities posted on website.
To Find NYS Procurements
2017 NYS MWBE Opportunities E-Book http://nysmwbeforum.org/opportunities/
SECTION HEADER
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Supply-Demand
Utilization Initiative
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Supply Demand Utilization The Division conducted an analysis to identify industries with low rates of MWBE utilization and documented MWBE availability.
Targeted Industries
Professional Services: Advertising /Marketing, Architecture, Engineering, and
Environmental, Financial Services, Legal Services
Information Technology: Communication, consulting, maintenance, support,
software development
Supplies: Medical, dental, laboratory, office equipment
General Commodities: Food & Beverages
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Searching MWBEs Using Directory
All searching
can be done here
Search for NYS Certified businesses with different search terms.
SECTION HEADER
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Division MWBE
Resources
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MWBE Training Tuesdays
• INFORMING firms on upcoming contracting opportunities statewide
• EDUCATING MWBEs on how to strategically market their services to state
agencies, authorities and primes
• EQUIPPING MWBEs with the necessary tools needed to maximize their
potential in successfully competing New York State.
Register By:
• Visiting: www.ny.newnycontracts.com
• Navigate right selection box
• Click on “Outreach & Program Notices”
• Scroll list of events and RSVP for a “Training Tuesdays” or “Contracting
Opportunity” webinar.
DIVISION TITLE AND CONTENT
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Bridge to Success • A loan program specifically for NYS certified MWBEs to perform on New York State projects • Loans typically ranges from $75K-$200K • Loan is short-term (8-18months)
Participating Lenders • New York Business Development Corp (Statewide)
Call: 518.694.8552 Email: swillard@nybdc.com • SEFCU (Limited regions)
Call: 866.733.2880 x6005 Email: tkappler@sefcu.com • Carver Federal Savings Bank (New York City)
Call: 718.230.2900 Email: BusinessLending@Carverbank.com • Tompkins Mahopac Bank (Mid-Hudson)
Call: 845.278.1027 Email: rferri@TomkinsFinancial.com • TruFund Financial Services, Inc. Call:646.732.9919 Email: abenson@trufund.org
DIVISION TITLE AND CONTENT
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NYS Surety Bond Assistance Program
• Technical and financial assistance to help contractors secure surety bonding
• Contractors may be eligible to receive a guarantee of up to 30% to secure a surety
bond line, bid bond or a performance and payment bond on state projects
Eligibility
• NYS certified MWBE with at least two years of business operation
• Maximum bond line or project size is $2M
• Minimum average gross revenue of $400,000 over past two years. Gross revenue not
to exceed $5M
For more information
Huey-Min Chuang
212.803.3238
BAP@esd.ny.gov
SECTION HEADER
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Other
Resources
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•Procurement Technical Assistance Centers (PTAC) – Helps firms with certification, RFP bid
response, government contracting, seminars, workshops, and other business services. For more
information and location:
http://www.dla.mil/SmallBusiness/Pages/ProcurementTechnicalAssistanceCenters.aspx
•Small Business Development Centers (SBDC) – Helps individuals and businesses with
certification, business planning, government contracting, export & import, and other business
services. For more information and locations: http://www.nyssbdc.org
•Entrepreneurial Assistance Centers (EAP) – Help individuals with their new and startup
businesses. For information and locations:
http://www.esd.ny.gov/BusinessPrograms/Data/EAP/EAPCenters.pdf
Free Technical Assistance
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Resources Doing Business with NYS • It provides valuable information on
procurement practices.
• Everything we’ve touched on
during this webinar is included in
this guide!
• Find it online at:
http://nyspro.ogs.ny.gov/content/d
oing-business-new-york-state-0
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Resources
• Lists contact information for
state agency procurement staff.
• Lists what is most frequently
purchased.
• Updated annually www.osc.state.ny.us/reports/fiscal/directorycommodities.pdf
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Questions?
MWBE Resource Hotline:
212.803.3250
Email: MWBEBusinessDev@esd.ny.gov
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