George E. Pataki Governor Kenneth J. Ringler Commissioner

The Road to Contract Administration Forum 2003

PRESENTED TO YOU BY MONICA WILKES & JAMES MASTROMARCHI Assistant Director monica.wilkes@ogs.state.ny.us (518) 473-4393 & JAMES MASTROMARCHI james.mastromarchi@ogs.state.ny.us (518) 474-3416 Forum 2003

Terms of the Contract Who What Where When Forum 2003

Provisions and Requirements Forum 2003

As an agency what do we do now? Forum 2003

A contract can only work as well as the people overseeing it! Dedicate Personnel A contract can only work as well as the people overseeing it! Forum 2003

Read and understand the terms and conditions of the contract Familiarize Yourself Read and understand the terms and conditions of the contract Forum 2003

Clearly describe what is needed for your specific agency Define Your Need Clearly describe what is needed for your specific agency Forum 2003

Communicate & Confer Regularly Maintain a good rapport with the vendor Forum 2003

Not only at the end of the job, but during Inspect Not only at the end of the job, but during Forum 2003

Address Problems as they Occur Don’t wait until the end to discover the job had not gone as planned……. Forum 2003

Factors to Consider Quantity Quality Timeliness Cost Performance Deficiencies Forum 2003

DOCUMENT DOCUMENT DOCUMENT!!! EXPECTATIONS DELIVERABLES Forum 2003

Document Progress reports Site visits Discussions Concerns Correspondence (e-mail, letters, etc.) Payments Forum 2003

As a vendor what are my responsibilities? Forum 2003

Be sure you understand your end of the bargain Read all terms and conditions Address potential misunderstandings Stay in contact with the agency Ensure orders contain correct information (price, unit, contract #) Forum 2003

Payment Prompt payment legislation Accurate purchase orders Receipt and inspection completed Verifiable invoices Take advantage of discounts Follow-up (Accounts Payable) Forum 2003

Reporting Requirements Where Applicable Employee payroll records Quarterly/Semi-Annual Contract Usage Reports Monthly service reports attached to invoice Forum 2003

Problem Resolution Meet face to face Discuss with all parties Confirm in writing Involve PSG Forum 2003

There are alternatives Liquidated Damages Withheld Payments Partial Payments Buy Against Contract Cancellation Responsibility Hearings Forum 2003

RESPONSIBILITY HEARINGS When is it necessary? Before award After award Contract Interpretation Differences Vendor Responsibility Issues Performance Financial Legal (Indictment) Tax Liens Forum 2003

INFORMAL/FORMAL INFORMAL Meeting FORMAL Tape recorded Legal representation Forum 2003

Responsibility Meeting/Hearing Notify all concerned parties Problems encountered Proposed actions Third party (Mediator) Legal representatives(s) Minutes Forum 2003

Who –What -When Facilitator - Manager Required Attendees: Agency Personnel Optional Attendees: Counsel Quality Control Staff Concerns Expectations vs. Deliverables Anytime Forum 2003

Action Items Discussion Contract Expectation Contract Deliverable Resolution Corrective Actions Required Timeline for Action Written Confirmation Forum 2003

Results Closure (If possible) Award Consider Partial Award Consider Surety Protection No Award Cancellation Written Agreement Signed by Both Parties Document in the Procurement Record Forum 2003

Keys for Qualification Reliability/References/Resources/Records Experience/Expertise Service/Size Performance/Personnel/Place of Business Operations/Organization/Ownership Negotiation Sales/Support Insurance/Integrity Bonds (Performance)/Background of Company Principals Letters of Credit/Licenses/Liability Expectations (Customer and Contractor) Forum 2003

DOCUMENT DOCUMENT DOCUMENT!!! Forum 2003

Remember for every problem there is a solution! Forum 2003

For Assistance Customer Services Purchasing Officer Proc 111 – Contract Deviation Form Contract Surveys Forum 2003

Forum 2003