New York Government Contracts Questions & Answers

Q: Are there any laws codified about government contracts' regulations? Where would I find them?

1 Answer | Asked in Government Contracts for New York on
Answered on Sep 22, 2018
Timur Akpinar's answer
New York State Empire State Development has a section on its website for government contracting resources. They might be a practical starting point for information about New York statutes and regs. They have offices in New York City, Albany, and Buffalo. On the federal level, the GSA (General Services Administration) might have information regarding government contracts.

Q: Does the government have size requirements for businesses to become contractors or can any small business pursue that

1 Answer | Asked in Government Contracts for New York on
Answered on Sep 5, 2018
Timur Akpinar's answer
The government encourages small businesses. See https://www.usa.gov/federal-agencies/small-business-administration, which is the website for the Small Business Administration. They provide information and resources for small businesses and maintain field offices in several locations throughout New York State.

Q: Need Statute of limitations, tolling, and union-related info for breach of contract case in New York.

1 Answer | Asked in Contracts, Employment Law and Government Contracts for New York on
Answered on Dec 2, 2017
V. Jonas Urba's answer
Wow. You really should retain private counsel but probably already know that most of us will ask for a substantial retainer to get involved past the 11th hour with these facts.

Yours is no easy case.

As a union member the collective bargaining agreement is key. All members are governed by it. If you were in an Article 75 proceeding and are now appealing that determination in your Article 78 did you raise the issue in the first one and does substantial evidence support whatever...

Q: If a government contract specifies they want a certain number of people in my business and accept my proposal based on

1 Answer | Asked in Government Contracts for New York on
Answered on Oct 19, 2017
Barry Eran Janay's answer
Hire a replacement. Am I missing something? Feel free to email me if you want to discuss further.

Q: In NY State, in the public sector unionized workplaces, how do the parties (workers and employers) enforce their rights?

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for New York on
Answered on Oct 9, 2017
James Francis Barna Esq's answer
This is a very broad question that can be answered in many ways, but broadly in New York there is legislation (the Taylor Law) that sets up a system of procedures and protections for public sector employers and employees. Under this system, employees have to serve a probationary period after they are hired, but after that probationary period, most employees are protected by "just cause" job protections. That is, the employer must have an objectively good reason to terminate an employee, which...

Q: What is the Federal Acquisition Regulation and how does it affect businesses that want to bid on government contracts?

1 Answer | Asked in Government Contracts for New York on
Answered on Sep 20, 2017
Barry Eran Janay's answer
It's a set of standards for RFP's, bids , vendors, etc. Yes, you need to follow it. Reach out to me privately if you have more questions.

Q: What is the process by which to ensure my company can bid on government construction contracts? Do I need to get a

1 Answer | Asked in Government Contracts for New York on
Answered on Sep 1, 2017
Barry Eran Janay's answer
No lawyer is needed, every locale has it's own procurement / RFP rules. A lawyer can come in handy if you lose and the bidding was unfair or rigged.

Q: Are there any special laws or requirements that relate to government contracts that don't exist for civilian businesses?

1 Answer | Asked in Government Contracts for New York on
Answered on Aug 9, 2017
Barry Eran Janay's answer
Governmental entities usually have guidelines / rules that they must follow when selecting a vendor. Each local, state, Federal agency and even divisions within may have unique rules they are supposed to follow. The only real guiding principle is that their actions will be voided if they are arbitrary, capricious, completely unfair, or fraudulent.

Q: Do I have to register my business someplace in order to compete for government contracts?

1 Answer | Asked in Government Contracts for New York on
Answered on Jul 24, 2017
Barry Eran Janay's answer
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.

Q: I went through the bid process but it didn't seem fair to me - is there any way to file a complaint?

2 Answers | Asked in Government Contracts for New York on
Answered on Jul 1, 2017
Ali Shahrestani, Esq.'s answer
What was unfair exactly? You might be able to file a complaint. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...

Q: What are the rules for getting certified as a minority owned business?

1 Answer | Asked in Government Contracts for New York on
Answered on Jun 12, 2017
Barry Eran Janay's answer
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 listed in the chart below:

Group Definition

Black Persons having origins from any of the Black African racial groups.

Hispanic

Persons of Mexican, Puerto Rican, Dominican,...

Q: Can owner of project demand me to credit part of job based on payment schedule G703 form.

1 Answer | Asked in Business Law, Contracts, Construction Law and Government Contracts for New York on
Answered on May 23, 2017
Barry Eran Janay's answer
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. Inadequate or shoddy workmanship does qualify as performance on a contract and therefore doesn't obligate the other party to pay.

Q: Who qualifies as a preferred source for contracts?

1 Answer | Asked in Government Contracts for New York on
Answered on May 17, 2017
Barry Eran Janay's answer
Depends on the jurisdiction / locale (town, municipality, county, state) and department that issued the RFP.

Q: What does it mean to be a preferred source when it comes to purchases by the state

1 Answer | Asked in Government Contracts for New York on
Answered on May 2, 2017
Barry Eran Janay's answer
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 price gouge.

Q: How do I report infractions for a sub-contractor on a government contract.

1 Answer | Asked in Government Contracts for New York on
Answered on Apr 8, 2017
Barry Eran Janay's answer
I'm not sure if this is a trick question.... Wouldn't you just contact the Dept. of Buildings?

Q: What qualifies as a small business for government contracting purposes?

1 Answer | Asked in Government Contracts for New York on
Answered on Feb 24, 2017
Barry Eran Janay's answer
Completely depends on the government entities definition that they are using.

Q: Is bid security or bonding mandated for all NYC contract bids?

1 Answer | Asked in Government Contracts for New York on
Answered on Feb 6, 2017
Barry Eran Janay's answer
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.

Q: What are the laws about awarding government contracts to minority firms?

1 Answer | Asked in Government Contracts for New York on
Answered on Jan 27, 2017
Ali Shahrestani, Esq.'s answer
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, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees,...

Q: If we win a government contract but the congress shuts down,

1 Answer | Asked in Government Contracts for New York on
Answered on Jan 24, 2017
Ali Shahrestani, Esq.'s answer
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 law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...

Q: I have a construction contract with the feds and they just issued a change order without consulting me.

1 Answer | Asked in Government Contracts for New York on
Answered on Jan 24, 2017
Ali Shahrestani, Esq.'s answer
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 law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...

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