DIVISION/DEPT COVER

A Division of Empire State Development

1/3/2018

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• 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

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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?

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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

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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

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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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Register for a

free account!

www.nyscr.ny.gov

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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

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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.

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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

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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.

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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/

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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.

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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.

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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

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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

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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