1. OGS Procurement Services Group 2007 State Purchasing Forum Contract Administration

2. 2007 State Purchasing Forum – Contract Administration Presenters’ Contact Information Todd Kayser Team 1 Purchasing Officer Procurement Services Group Office of General Services todd.kayser@ogs.state.ny.us (518) 474-1688 www.ogs.state.ny.us Barbara Dougall Team 6 Team Leader Procurement Services Group Office of General Services barbara.dougall@ogs.state.ny.us (518) 474-7273 www.ogs.state.ny.us

3. 2007 State Purchasing Forum – Contract Administration Drafting of Solicitation Vendor Submissions Issuance of Contract The Recipe Begins With

4. 2007 State Purchasing Forum – Contract Administration End User Contract Administrator Contract Vendor Who Are the Parties to the Contract?

5. 2007 State Purchasing Forum – Contract Administration A contract can only work as well as the people overseeing it! Dedicated Personnel

6. 2007 State Purchasing Forum – Contract Administration Responsibility

7. 2007 State Purchasing Forum – Contract Administration Terms of the Contract Who? What? Where? When? How?

8. 2007 State Purchasing Forum – Contract Administration Read and understand the terms and conditions of the contract Familiarize Yourself

9. 2007 State Purchasing Forum – Contract Administration Is there agreement between the end user, administrator and vendor? Right product? Right place? Right time? Right price? Expectations

10. 2007 State Purchasing Forum – Contract Administration Maintain a good rapport with the vendor. Communicate and Confer Regularly

11. 2007 State Purchasing Forum – Contract Administration Clearly describe what is needed for your specific agency Define Your Need

12. 2007 State Purchasing Forum – Contract Administration Expectations Deliverables Surveillance Payment Document!!!

13. 2007 State Purchasing Forum – Contract Administration Employee payroll records Monthly service reports attached to invoice for purchase order creation Reporting Requirements Where Applicable

14. 2007 State Purchasing Forum – Contract Administration Right Product? Right Quantity? Right Place? Right Performance? End User Satisfied? Right Price? Monitoring Performance – Factors to Consider

15. 2007 State Purchasing Forum – Contract Administration Not only at the end of the job – But during. Inspect

16. 2007 State Purchasing Forum – Contract Administration Accurate purchase orders Receipt and inspection completed Verifiable invoices Take advantage of discounts Prompt payment legislation Payment

17. 2007 State Purchasing Forum – Contract Administration When things go wrong… What are some tell-tale signs something could be wrong? Problems

18. 2007 State Purchasing Forum – Contract Administration Don’t wait until the end to discover the job has not gone as planned… Address Problems As They Occur

19. 2007 State Purchasing Forum – Contract Administration As an Agency… What do we do now?

20. 2007 State Purchasing Forum – Contract Administration Read all terms and conditions Address potential misunderstandings Stay in contact with the client and contractor Ensure orders contain correct information (price, unit, contract #) Be Sure You Understand Your End of the Bargain

21. 2007 State Purchasing Forum – Contract Administration Meet face to face Discuss with all parties Confirm in writing Involve PSG Problem Resolution

22. 2007 State Purchasing Forum – Contract Administration Progress reports Site visits Discussions Concerns Correspondence (e-mail, letters, etc.) Payments Document

23. 2007 State Purchasing Forum – Contract Administration When ‘reasonable’ has been exceeded!!! Remedies

24. 2007 State Purchasing Forum – Contract Administration Withhold Payments Partial Payments Buy Against Liquidated Damages Contract Cancellation Responsibility Hearings There Are Alternatives

25. 2007 State Purchasing Forum – Contract Administration When is “hearing” necessary? - Before award - After award Contract Interpretation Differences Vendor Responsibility Issues - Performance - Capability - Legal (Indictment) - Tax Liens Responsibility Hearings

26. 2007 State Purchasing Forum – Contract Administration Informal - Meeting Formal - Tape Recorded - Legal Representation Informal v. Formal

27. 2007 State Purchasing Forum – Contract Administration Notify all concerned parties Problems encountered Proposed actions Third party (Mediator) Legal representatives(s) Minutes Responsibility Meeting/Hearing

28. 2007 State Purchasing Forum – Contract Administration Responsibilities

29. 2007 State Purchasing Forum – Contract Administration Facilitator – Manager Required Attendees: - Agency Personnel Optional Attendees: - Counsel - Quality Control Staff Concerns - Expectations vs. Deliverables Anytime Who – What - When

30. 2007 State Purchasing Forum – Contract Administration Closure (If possible) Award - Consider Partial Award - Consider Surety Protection No Award Cancellation Written Agreement Signed by Both Parties Document in the Procurement Record Results

31. 2007 State Purchasing Forum – Contract Administration 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) Keys for Qualification

32. 2007 State Purchasing Forum – Contract Administration Document

33. 2007 State Purchasing Forum – Contract Administration For every problem… There is a solution… Remember

34. 2007 State Purchasing Forum – Contract Administration Customer Services Purchasing Officer Proc 111 – Contract Deviation Form Contract Surveys For Assistance

35. 2007 State Purchasing Forum – Contract Administration Questions and Answers ?

36. 2007 State Purchasing Forum – Contract Administration Presenters’ Contact Information Todd Kayser Team 1 Purchasing Officer Procurement Services Group Office of General Services todd.kayser@ogs.state.ny.us (518) 474-1688 www.ogs.state.ny.us Barbara Dougall Team 6 Team Leader Procurement Services Group Office of General Services barbara.dougall@ogs.state.ny.us (518) 474-7273 www.ogs.state.ny.us