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Public Contracting in New York

2008 Dates and Location:

New York, NY

Registration Fee
$595

Daily Schedule
Registration: 8:45am
Meetings: 9:00 - 12:00 and 1:00 - 4:00

CLE Hours
This Course is Eligible for
5.5(60 minute)
More CLE Info

CPE Hours
This Course is Eligible for
6.0(CPE)
hours of credit.
More CPE Info

A step-by-step guide to the State, County, Town, and Municipal purchasing systems in New York.

New York Government — State, county, city and municipal agencies — offer extraordinary opportunities for the sale of equipment, material, supplies, construction work, and other goods and services. The key for an individual or company seeking to do business with any New York Government entity: Understanding precisely how the public contracting system works and how it differs from commercial transactions and from transactions with the Federal Government.

The purpose of this course: To show you how to effectively take advantage of available contracting opportunities at all levels of New York Government and to guide you in the special procedures and strategies contractors need to know.

Who will benefit from this course? All individuals, agencies or companies who are directly or indirectly involved with public business in New York. It will benefit companies seeking to provide goods/services to state, county, agency, city or municipal departments, and those already involved in public contracting wishing to swiftly update their knowledge of business opportunities and of contracting requirements. This special one-day program will benefit company executives and project managers, sales directors, program managers, contract administrators, marketing personnel, attorneys, government personnel, insurers, and others.

A review of the detailed Course Curriculum illustrates how this program will take you, step-by-step, through the full cycle of the public contracting process—Locating and developing opportunities. . . contract administration. . . subcontracting . . . disputes resolution while addressing specific procurement needs—maintenance, construction, supplies, services, and more. Further, the specialized characteristics of the New York public contract law are highlighted and explained—including prevailing wage requirements, exemptions to the rules, and when competitive bidding is not required.

The program will be presented by a veteran professional Course Director, who is able to teach what she knows in terms you can immediately apply to your individual needs. And, each attendee will receive a Course Manual of original materials prepared by the Course Director exclusively for your use during the program and as a source-book of continuing value to you.

We look forward to having you join us.

Public Contracting in New York Course Curriculum

  1. Overview
    1. Basic Public Procurement Concepts
    2. Competitive Bidding
  2. Statutory and Regulatory Framework
    1. NY State Finance, General Municipal, Government and Education Laws
    2. NY State Procurement Guidelines – Procurement Council
    3. NY State Procurement & Disbursement Bulletins (G-Bulletins) – Office of Comptroller General
    4. NY State Procurement Bulletins - OGS
  3. Acquisition Planning and Contracting Methods
    1. Procurement Agencies, Councils and Offices
      1. NY State Procurement Council
      2. Office of Government Services
      3. Office of State Comptroller
    2. Methods of Procurement
      1. Preferred Sources
      2. OGS Centralized Contracts
      3. Discretionary Buying
      4. Competitive Procurements by Individual Agencies
    3. Who Can Buy
      1. Agencies
      2. Universities
    4. Process for Conducting State Procurements
      1. Invitations for Bids
      2. Request for Proposals
      3. Specifications
      4. Determination of Responsibility
      5. Evaluation
      6. Award
  4. Contractor Marketing, Sales and Preference Programs
    1. New York State Lobbying Act
    2. Other Ethics and Compliance Issues
    3. Organizational Conflicts of Interest
    4. Pre-Qualification
    5. Preferred Sources
    6. Preference for and Exclusion of Certain Products
    7. Small Business, Women – Owned and Disadvantaged Business Opportunities – Empire State Development
  5. Bid Protests
    1. Forum
    2. Procedural Issues
    3. Substantive Bases
    4. Remedies
  6. Contract Administration
    1. Payments
    2. Changes – Directed and Constructive
    3. Limitations of Liability
    4. Warranties
    5. Delays
    6. Liquidated Damages
    7. Stop Work
    8. Terminations for Default and Convenience
    9. Contract Close-Out
    10. Debarment and Suspension
    11. Managing the Risks
  7. Contract Disputes
    1. Statutory, Regulatory and Contractual Framework
    2. Claims Presentation
    3. Substantive Bases
    4. Procedural Requirements
    5. Remedies
  8. New York State Public Records and Sunshine Law
    1. General Principles
    2. Exemptions to Disclosure
  9. New York City Procurement
  10. City of Albany Procurement

Course Director

Diana G. Richard is a partner at Gibson, Dunn & Crutcher LLP, where she provides guidance to clients that contract with federal, state and local government agencies and to high technology clients that specialize in a wide variety of information and other innovative scientific technologies. Ms. Richard joined the firm in 1988, after spending more than a decade as a lead negotiator with several large government contractors in the Washington, D.C. area.

Ms. Richard provides day-to-day compliance guidance to federal, state and local government contractors as they strive to comply with the many statutes and regulations that govern all aspects of seeking and performing federal, state and local government contracts. In this role, she has provided advice to clients seeking and performing opportunities in most of the fifty states in the United States. In addition, she routinely provides advice to clients as they strive to reach compromise and settlement with state and local agencies with regard to engagements that have encountered various performance difficulties.

Ms. Richard routinely assists her clients in the drafting and negotiation of complex teaming agreements, subcontract agreements, license and joint development agreements, cooperative research and development agreements and non-disclosure agreements. She assists her clients in the development and implementation of contractual, as well as program management alternatives to assist in the reduction of identified risks.

From 1976 to 1987, Ms. Richard was employed by several large corporations that provided a variety of services and products to commercial clients, as well as federal, state and local agencies. Ms. Richard acted as a lead negotiator, analyst and administrator for these companies, providing Ms. Richard with invaluable business experience and critical insight regarding the day-to-day issues facing companies that negotiate and contract with federal, state and local agencies.

Ms. Richard is admitted to practice before the courts of the State of Maryland and the District of Columbia. She received her law degree from the University of Maryland School of Law, where she was elected to the Order of the Coif.