1. George E. Pataki
Governor
Kenneth J. Ringler
Commissioner

2. The Road to Contract Administration
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3. PRESENTED TO YOU BY MONICA WILKES & JAMES MASTROMARCHI
Assistant Director
(518)
&
JAMES MASTROMARCHI
(518)
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4. Terms of the Contract
Who
What
Where
When
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5. Provisions and Requirements
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6. As an agency what do we do now?
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7. 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!
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8. Read and understand the terms and conditions of the contract
Familiarize Yourself
Read and understand the terms and conditions of the contract
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9. Clearly describe what is needed for your specific agency
Define Your Need
Clearly describe what is needed for your specific agency
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10. Communicate & Confer Regularly
Maintain a good rapport with the vendor
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11. Not only at the end of the job, but during
Inspect
Not only at the end of the job, but during
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12. Address Problems as they Occur
Don’t wait until the end to discover the job had not gone as planned…….
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13. Factors to Consider Quantity Quality Timeliness Cost Performance
Deficiencies
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14. DOCUMENT DOCUMENT DOCUMENT!!!
EXPECTATIONS
DELIVERABLES
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15. Document Progress reports Site visits Discussions Concerns
Correspondence ( , letters, etc.)
Payments
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16. As a vendor what are my responsibilities?
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17. 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 #)
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18. Payment Prompt payment legislation Accurate purchase orders
Receipt and inspection completed
Verifiable invoices
Take advantage of discounts
Follow-up (Accounts Payable)
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19. Reporting Requirements Where Applicable
Employee payroll records
Quarterly/Semi-Annual Contract Usage Reports
Monthly service reports attached to invoice
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20. Problem Resolution Meet face to face Discuss with all parties
Confirm in writing
Involve PSG
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21. There are alternatives
Liquidated Damages
Withheld Payments
Partial Payments
Buy Against
Contract Cancellation
Responsibility Hearings
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22. RESPONSIBILITY HEARINGS
When is it necessary?
Before award
After award
Contract Interpretation Differences
Vendor Responsibility Issues
Performance
Financial
Legal (Indictment)
Tax Liens
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23. INFORMAL/FORMAL INFORMAL Meeting FORMAL Tape recorded
Legal representation
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24. Responsibility Meeting/Hearing
Notify all concerned parties
Problems encountered
Proposed actions
Third party (Mediator)
Legal representatives(s)
Minutes
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25. Who –What -When Facilitator - Manager Required Attendees:
Agency Personnel
Optional Attendees:
Counsel
Quality Control Staff
Concerns
Expectations vs. Deliverables
Anytime
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26. Action Items Discussion Contract Expectation Contract Deliverable
Resolution
Corrective Actions Required
Timeline for Action
Written Confirmation
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27. 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
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28. 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)
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29. DOCUMENT DOCUMENT DOCUMENT!!!
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30. Remember for every problem there is a solution!
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31. For Assistance Customer Services Purchasing Officer
Proc 111 – Contract Deviation Form
Contract Surveys
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32. Forum 2003