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New York Government Contracts Questions & Answers
1 Answer | Asked in Government Contracts for New York on
Q: Do I have to register my business someplace in order to compete for government contracts?
Barry E. Janay
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answered on Jul 24, 2017

You should form an LLC and you may need some licenses. With government contracts they will disqualify you for all sorts of reasons so you should be a properly formed entity.

2 Answers | Asked in Government Contracts for New York on
Q: I went through the bid process but it didn't seem fair to me - is there any way to file a complaint?
Barry E. Janay
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answered on Jul 3, 2017

Yes, via a Vendor Protest application via a special proceeding called an Article 78 Proceeding (more on that below). This is a substantial undertaking (read: a lot of time and money to implement) which if you are successful can either get the successful bid thrown out and a new bid issued, you can... View More

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1 Answer | Asked in Government Contracts for New York on
Q: What are the rules for getting certified as a minority owned business?
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answered on Jun 12, 2017

Definition of a Minority-Owned Business Enterprise (MBE)

Under Article 15-A of the Executive Law, an MBE is a business enterprise in which at least fifty-one percent (51%) is owned, operated and controlled by citizens or permanent resident aliens who are meeting the ethnic definitions...
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1 Answer | Asked in Business Law, Contracts, Construction Law and Government Contracts for New York on
Q: Can owner of project demand me to credit part of job based on payment schedule G703 form.

I am doing a 12 building government funded rent subsidized project. Owner rejected extra cost for work on 1 buildin arch. missed and went and hired another electrician to do extra and my work (part of my contract). Owner wants me to credit him the amount on on payment of schedules G703 form which... View More

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answered on May 23, 2017

The short answer is that you have to carefully look at the contract and scrutinize the obligations each of you have. The long answer begins with "it depends..." Basically the rules of contract law will government, when there is a breach each side has a duty to mitigate damages / losses.... View More

1 Answer | Asked in Government Contracts for New York on
Q: Who qualifies as a preferred source for contracts?
Barry E. Janay
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answered on May 17, 2017

Depends on the jurisdiction / locale (town, municipality, county, state) and department that issued the RFP.

1 Answer | Asked in Government Contracts for New York on
Q: What does it mean to be a preferred source when it comes to purchases by the state
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answered on May 2, 2017

While it depends by each specific jurisdiction, generally speaking a preferred source or vendor has a contract with the municipality or governmental entity and the various departments can use those vendors without needing to be concerned about conflicts of interest for example or that they will... View More

1 Answer | Asked in Government Contracts for New York on
Q: How do I report infractions for a sub-contractor on a government contract.
Barry E. Janay
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answered on Apr 8, 2017

I'm not sure if this is a trick question.... Wouldn't you just contact the Dept. of Buildings?

1 Answer | Asked in Government Contracts for New York on
Q: What qualifies as a small business for government contracting purposes?
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answered on Feb 24, 2017

Completely depends on the government entities definition that they are using.

1 Answer | Asked in Government Contracts for New York on
Q: Is bid security or bonding mandated for all NYC contract bids?
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answered on Feb 6, 2017

It says whether or not it is on the bid requests themselves, if my memory serves me correctly I've never seen one that did not. Hope that helps.

1 Answer | Asked in Government Contracts for New York on
Q: What are the laws about awarding government contracts to minority firms?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

It depends on what type of government contract you're forming. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY,... View More

1 Answer | Asked in Government Contracts for New York on
Q: If we win a government contract but the congress shuts down,

will we get paid for the time the government is out of business?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

Check the terms of your contract. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of... View More

1 Answer | Asked in Government Contracts for New York on
Q: I have a construction contract with the feds and they just issued a change order without consulting me.

Can they do that?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

Check the terms of your contract. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of... View More

Q: One of the parties joining our LLC appears to have secured an FSA loan with LLC crops and acreage. Is this legal?

One of the three partners was responsible for securing operating funds and was the former tenant of the acreage involved. He applied for and was approved for an FSA microloan prior the formation of the LLC. He invested part of the FSA sourced funds back into the LLC farm but at a reduced stake in... View More

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answered on Jan 23, 2017

You are right to be worried since based on the facts you've given it does appear that a violation of the terms of the loan took place at best and it may be fraud at worst. All of this can affect the LLC if a lawsuit is filed or if property owned by the LLC becomes the subject of the... View More

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2 Answers | Asked in Government Contracts for New York on
Q: Is it public knowledge if you do business with the city of New York?
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answered on Jan 12, 2017

Yes, when you become a vendor to NYC you are put in a database that can be searched and is subject t Freedom of Information Law (FOIL) requests. This is subject to some limited circumstances in various departments within the City.

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1 Answer | Asked in Government Contracts for New York on
Q: If I can't file a mechanics lien to get paid on a federal contract project, what are my options?
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answered on Dec 21, 2016

Sue in court for breach of contract.

1 Answer | Asked in Government Contracts for New York on
Q: Can I be a government contractor if I have a criminal record?
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answered on Dec 2, 2016

Yes, but it depends on the crime and the nature of the work you'll be doing.

1 Answer | Asked in Government Contracts for New York on
Q: What kind of insurance do I need to have for a state government contract?
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answered on Nov 8, 2016

Depends on your jurisdiction and what the RFP called for.

1 Answer | Asked in Government Contracts for New York on
Q: What are the legal requirements for becoming a federal contractor?
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answered on Oct 21, 2016

Each agency has it's own rules and requirements, can you be more specific?

1 Answer | Asked in Government Contracts for New York on
Q: I want to challenge a rival company's award of a federal contract.

-- I really feel that my company should have gotten it. How do I do that and what is the deadline?

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answered on Oct 14, 2016

You would need to move immediately through an emergency application via Order to Show Cause for an Injunction challenging the award of the bid as violating the law. What evidence do you have that the competitor should not have gotten it?

1 Answer | Asked in Government Contracts for New York on
Q: I have a construction contract with the feds and they just issued a change order without consulting me.

Can they do that?

Barry E. Janay
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answered on Oct 10, 2016

A change order is by definition outside of the contract, some contracts specifically state what the procedure is for a change order. If your contract doesn't contain such a procedure then you should look at the change order as an offer, which you can reject, accept, or propose a counter-offer to.

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