1. Forum 2005 George E. Pataki Governor Daniel D. Hogan Commissioner

2. Forum 2005 Contract Administration Follow the Road to…

3. Forum 2005 PRESENTED TO YOU by JILL McCABE Purchasing Officer I jill.mccabe@ogs.state.ny.us and JAMES MASTROMARCHI Assistant Director james.mastromarchi@ogs.state.ny.us

4. Forum 2005 The Road to Contract Administration … Where does it begin?

5. Forum 2005 The Road Begins With: - Drafting of solicitation - Vendor submissions - Issuance of contract

6. Forum 2005 Who Are the Parties to the Contract? End User Contract Administrator Contract Vendor

7. Forum 2005 Dedicated Personnel A contract can only work as well as the people overseeing it!

8. Forum 2005 RESPONSIBILITY

9. Forum 2005 Terms of the Contract Who  What  Where  When 

10. Forum 2005 Familiarize Yourself Read and understand the terms and conditions of the contract

11. Forum 2005 Expectations Is there agreement between the end user, administrator and vendor?

12. Forum 2005 Expectations Right product? Right place? Right time? Right price?

13. Forum 2005 Communicate & Confer Regularly Maintain a good rapport with the vendor

14. Forum 2005 Define Your Need Clearly describe what is needed for your specific agency

15. Forum 2005 DOCUMENT!!! EXPECTATIONS DELIVERABLES

16. Forum 2005 Reporting Requirements Where Applicable Employee payroll records Quarterly/Semi-Annual Contract Usage Reports Monthly service reports attached to invoice

17. Forum 2005 Monitoring Performance - Factors to Consider Right Product? Right Quantity? Right Place? Right Performance? End User Satisfied? Right Price?

18. Forum 2005 Inspect Not only at the end of the job- but during

19. Forum 2005 Payment Prompt payment legislation Accurate purchase orders Receipt and inspection completed Verifiable invoices Take advantage of discounts Follow-up (Accounts Payable)

20. Forum 2005 PROBLEMS When Things Go Wrong! What are some of the tell-tale signs something could be wrong?

21. Forum 2005 Address Problems As They Occur Don’t wait until the end to discover the job had not gone as planned…

22. Forum 2005 As an Agency What Do We Do Now?

23. Forum 2005 Be Sure You Understand Your End of the Bargain… Read all terms and conditions Address potential misunderstandings Stay in contact with the client and contractor Ensure orders contain correct information (price, unit, contract #)

24. Forum 2005 Problem Resolution Meet face to face Discuss with all parties Confirm in writing Involve PSG

25. Forum 2005 Document Progress reports Site visits Discussions Concerns Correspondence (e-mail, letters, etc.) Payments

26. Forum 2005 When ‘reasonable’ has been exceeded!!!

27. Forum 2005 There Are Alternatives Withhold Payments Partial Payments Buy Against Liquidated Damages Contract Cancellation Responsibility Hearings

28. Forum 2005 RESPONSIBILITY HEARINGS When is “hearing” necessary? Before award After award Contract Interpretation Differences Vendor Responsibility Issues Performance Capability Legal (Indictment) Tax Liens

29. Forum 2005 INFORMAL v. FORMAL FORMAL Tape recorded Legal representation INFORMAL Meeting

30. Forum 2005 Responsibility Meeting/Hearing Notify all concerned parties Problems encountered Proposed actions Third party (Mediator) Legal representatives(s) Minutes

31. Forum 2005 RESPONSIBILITIES

32. Forum 2005 Who -What -When Facilitator - Manager Required Attendees: Agency Personnel Optional Attendees: Counsel Quality Control Staff Concerns Expectations vs. Deliverables Anytime

33. Forum 2005 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

34. Forum 2005 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 CompanyPrincipals Letters of Credit/Licenses/Liability Expectations (Customer and Contractor) Keys for Qualification

35. Forum 2005 DOCUMENT DOCUMENT!!! DOCUMENT DOCUMENT DOCUMENT!!!

36. Forum 2005 Remember… Remember… for every problem for every problem there is a solution

37. Forum 2005 For Assistance Customer Services Purchasing Officer Proc 111 – Contract Deviation Form Contract Surveys

38. Forum 2005