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Doing Business with DEC

Fraudulent State Agency Purchase Orders: DEC has been made aware of a scam involving the use of fraudulent State purchase orders (PO). Please be on heightened alert should you receive any purchase orders from DEC that appear out of the ordinary.

Should you have any doubt about the authenticity of an order, please make sure you first confirm the order by telephone with your normal DEC contact for the order. This closely monitored mailbox has been set up exclusively to report any concerns regarding DEC purchase orders. Submit any concerns regarding unconfirmed or unusual purchase orders to POFollowUpInquiries@dec.ny.gov.

Procurement Opportunities

DEC enters into contracts for commodities, construction, and services that are needed to fulfill its mission. DEC also enters into contracts to provide State and local assistance funding to eligible recipients. All DEC procurements are conducted in accordance with State laws and procurement guidelines. As required by Economic Development Law, DEC advertises all procurement opportunities estimated at $50,000 or more in the New York State Contract Reporter (NYSCR), (leaves DEC website) a procurement opportunities newsletter that is published free of charge on a daily basis. To encourage competition and reach as many potential vendors as possible, DEC may also advertise in other media such as newspapers, trade magazines, and on its own website.

Minority and Women-Owned Business Enterprise (M/WBE) Program Goals and Reporting Responsibilities

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The policies of the Minority and Women-owned Business Enterprise program promote and encourage participation by minority and women-owned businesses in state contracting opportunities. The MWBE Unit is responsible for ensuring that DEC is following the provisions of New York State Executive Law, Article 15A and the rules and regulations set forth in 5NYCRR, Part 140-145 and New York State Executive Law, 17-B and the rules and regulations set forth in 9NYCRR, G I 252.

Services

Goal Setting

The MWBE Unit establishes a percentage goal for MWBE participation for all applicable contracts established by DEC. These goals are incorporated in the solicitation for bids and resultant contracts.

Reporting

The MWBE Unit compiles and prepares quarterly reports for Empire State Development (ESD) that present DEC's performance results relative to MWBE participation goals. Our staff examines and interprets the data to identify opportunities and areas of improvement.

Compliance Monitoring

THE MWBE Unit tracks the performance of our contractors and vendors to ensure MWBE participation goals are being met and assist with any challenges that may arise.

Outreach and Education

To increase awareness of the MWBE program, the MWBE Unit participates in conferences, meetings, and forums throughout the year. This serves to educate the public about the program and how to do business with DEC and New York State.

Certification Assistance

The MWBE Unit responds to inquiries about the MWBE certification process and refers businesses to the Empire State Development, which receives and reviews applications and issues MWBE certification.

Helpful Information

What does "MWBE" stand for?

MWBE is generally used to refer to a business entity that has been certified as a Minority and/or Women-owned Business Enterprise by Empire State Development (ESD) Division of Minority and Women's Business Development.

Do MWBE firms have to be certified?

Only firms certified by ESD DMWBD can be utilized to meet MWBE participation goals on State contracts. Firms owned by minorities and women can provide supplies to or subcontract with contractors, however, the monies paid to such firms cannot be counted by the contractor as meeting the MWBE goals on the contract.

Goals for MWBE Participation

The DEC MWBE Unit reviews all contracts with an anticipated value in excess of $25,000 for labor, services, including but not limited to legal, financial and other professional services, supplies, equipment, materials, or any combination of the foregoing, and in excess of $100,000 for acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon, and determines if there are adequate numbers of MWBE's available, willing, and able to provide subcontracting and supply services on the contract. If there are adequate numbers, an MWBE participation goal is set for the contract.

DEC has established an agency-wide goal of 30% MWBE participation and reserves the right to establish MWBE participation goals for contracts having a value below the amounts identified above.

Goals Apply to All Bidders

When an MWBE Participation Goal has been placed on a solicitation/contract, it applies to all bidders/contractors. Contract holders can use the same MWBE to satisfy goals for multiple contracts so long as the work performed for each contract holder is reported separately.

MWBE participation goals set by DEC only apply to funds expended by state entities.

Find Business Opportunities

Download the Doing Business With New York State guide (PDF) to learn how New York State buys goods and services, and where to look for opportunities.

To receive email notifications of opportunities, register your business in the New York State Contract Reporter (NYSCR), (leaves DEC website) New York State's official publication of procurement activity for all state agencies, public authorities, and public benefit corporations.

The NYSCR is published online daily and can be viewed by registered users free of charge. Although state agencies must advertise in the NYSCR, it is also important to be aware of opportunities for discretionary purchasing valued under $50,000 that may not be advertised in the NYSCR.

The MWBE Unit and DEC Program Divisions will also reach out to certified MWBE's. If you are interested in doing business with DEC, please complete the Interested MWBE Form (PDF) and email it to: MWBE@dec.ny.gov.

MWBE Utilization Plans and Reporting Requirements

As of May 1, 2022, DEC has transitioned to the New York State Contract System (NYSCS) (leaves DEC website). This system will replace the old PDF forms for MWBE Utilization Plans and MWBE Quarterly Reports. Contractors must use NYSCS for all MWBE payment reporting.

The NYSCS will notify contractors when to log in to review and record the details for the compliance Audits. Contractors will receive monthly MWBE compliance email notifications ("audit notices") directing them to log in to the NYSCS to report their subcontractor payments for the preceding month. The Contractor must report even when no payments have been made to a subcontractor in a particular month with an entry of a zero-dollar value.

Prime contractors are required to use the NYSCS to report payments made to your NYS certified MWBE subcontractors and/or subconsultants. As a Prime, they are required to log in to review and update certain specific information regarding payments to their Subcontractors, and contact information (name, address, phone, email) for their firm. They can also identify who in their firm should be DEC's main point of contact for a specific contract.

Visit the NYSCS to learn more: https://ny.newnycontracts.com/FrontEnd/usersearchpublic.asp

A list of upcoming training classes and training opportunities are available at: https://ny.newnycontracts.com/FrontEnd/TrainingList.asp.

There is no cost to contractors to use the NYSCS or to take training classes. If you require technical assistance during the login process or when using the system, please use the online support form or email: ny@newnycontracts.com.

Approved Utilization Plans and Waivers

In accordance with Section 313.5(a) of the New York State Executive Law, Article 15-A, below are DEC's approved Utilization Plans and Waivers.

Contact the MWBE Unit

Please reach out to the MWBE Unit with any questions or concerns.

Service-Disabled Veteran-Owned Business (SDVOB) Program Goals and Reporting Responsibilities

Service-Disabled Veteran-Owned Businesses (SDVOBs) are an important part of DEC's procurement activities. In 2014, New York State Passed Executive Law Article 17-B, which aims at greater inclusion of service-disabled veterans within New York State's economy. Under this law, state agencies are required to make good faith efforts to use SDVOB's in procurement. The Law established a goal of 6% of procurement expenditures to be made with SDVOBs by state agencies, public authorities, and public benefit corporations. This goal is in addition to any established M/WBE goals under a procurement.

DEC is committed to meeting these goals and incorporating the use of SDVOBs in various procurement activities.

Doing Business with the DEC as a SDVOB

In order to conduct business with DEC as a SDVOB, a vendor must be listed on the NYS Certified https://ogs.ny.gov/veterans Directory (leaves DEC website). If your business is not certified and you believe that you qualify for certification, or to find out if you qualify for certification, please contact the New York State Office of General Services, Division of Service-Disabled Veterans' Business Development (DSDVBD):

Or, for additional information regarding the process, please refer to the https://ogs.ny.gov/veterans (leaves DEC website).

DEC advertises its procurement opportunities for all purchases exceeding $50,000, in the New York State Contract Reporter (NYSCR) (leaves DEC website), New York State's official publication of procurement activity for all state agencies, public authorities, and public benefit corporations. If you are interested in receiving notice of upcoming DEC contracting or purchasing opportunities, or being added to potential bidders lists, please complete a Bidders List form (PDF) and email it to sdvob@dec.ny.gov.

Staff review procurement documents prior to release in an effort to identify opportunities for certified businesses including SDVOBs. If certified businesses exist for the proposed procurement, staff advise the associated program staff to target the procurement to this area of the business community or include the relevant certified businesses on prospective bidders lists as appropriate. If a competitive field of SDVOBs does not exist, program staff are required to submit sufficient documentation that they conducted research to identify available SDVOBs.

SDVOB Reporting Requirements

DEC utilizes all available tools in attempts to meet it's required 6% goal established by Executive Law Article 17-B. Those tools include discretionary spending using expanded thresholds granted by NYS law, SDVOB set-aside procurements, and setting SDVOB subcontracting goals within contracts. Contractors with established SDVOB goals are required to make good-faith efforts to subcontract or make purchases from SDVOBs. Additionally, contractors are required to report such utilization on a quarterly basis. In the event the contractor makes a good-faith effort to subcontract SDVOBs and determines that the set goal is unreachable, the contractor must request a full or partial waiver from the DEC and provide evidence of such good-faith efforts.

In order to maintain oversight and collect data to inform decisions, the DSDVBD requires agencies to submit quarterly reports of SDVOB utilization. The reports provide the following information: awards made that quarter, disbursements/utilization that quarter, and any waivers given that quarter. Such reporting ensures that the program stays on track and SDVOBs are given the opportunities they deserve.

If you have any questions regarding the SDVOB Goals and Reporting Responsibilities, please sdvob@dec.ny.gov.

Single Source Procurements

New York State law allows State agencies to procure goods and services without a formal competitive process in limited circumstances. The basis for a determination to purchase from a single or sole source must be documented in the procurement record, subject to review by the State Comptroller. State agencies are mandated to minimize the use of single source procurements and shall use this procurement method only when a formal competitive process is not feasible.

In accordance with New York State Finance Law Section 163(10) (b), effective 06/30/2008, the New York State Department of Environmental Conservation posts summaries of single source procurement contracts within 30 days after the contract award. Each summary identifies the circumstances and the material and substantial reasons why a competitive procurement was not feasible. A listing of the Department's summary information for awarded single source procurement contracts is listed below by state fiscal year.

If you have any questions regarding this information, please contact the Bureau of Contract and Grant Development at (518) 402-9240 or by email at dmb.contracts@dec.ny.gov.

Qualified Personal Service Contracts

Executive Order No. 6 "Ensuring the Cost-Effectiveness of Contracts for Personal Services (PDF)," (leaves DEC website) requires state agencies to report and disclose information related to certain qualified personal service contracts and to list these contracts, and any amendments, on their websites. A Qualified Personal Services Contract is defined as any contract entered into by a state agency with any private party pursuant to State Finance Law § 163, under which: (a) the agency believes that a majority of the costs of the contract are attributable to compensation of the contractor's personnel; and (b) the agency can reasonably anticipate that it will incur costs for the compensation of personnel of $1 million or more over any twelve-month period.

Copies of the contract(s) listed below may be obtained by submitting a Freedom of Information Law (FOIL) request to the DEC's Records Access Officer.

Submit a letter or completed Records Access Form (PDF) to:

Records Access Officer
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1500
phone: (518) 402-9522
fax: (518) 402-9018
e-mail: access.records@dec.ny.gov

The DEC contract(s) that currently meet the criteria for reporting are as follows:

Contracts Reportable Under Executive Order No. 6
Contract Amount Contractor Reasons for Entering into the Contract
CMS730G $1,787,008 CGI Technologies & Solutions, Inc. This contract provides services for DEC's Financial Management Information System to supplement limited in-house capacity. The CGI consultants currently retained have supported this project during its development and implementation and know its complexities to the fullest extent. The advent of the Statewide Financial Management System makes it imperative that this contract continue; DEC is not in the first round of implementation and will need to be able to use the current system until the Statewide System is fully implemented. In addition, the contract scope of work includes the development of a revenue solution to invoice and account for a portion of DEC's $400 million in annual revenue, which saved $250,000 in Fiscal Year 09/10. The revenue solution is being developed to be used in conjunction with the new Statewide System.

Regulatory Fee Program

On-Line Invoicing

Environmental Conservation Law (ECL) Article 72 (leaves DEC website) and DEC regulations provide that all persons who need a permit, certificate, or approval pursuant to a state environmental regulatory program, or who are subject to regulation under a state environmental regulatory program, are required to submit an annual fee.

Remittance

Remittance must be received by the payment due date shown on the invoice to avoid interest and penalty charges. Interest rates are set by the Commissioner of Taxation and Finance, and assessed pursuant to Article 72 of the ECL. Penalties are assessed based on the amount of the payment deficiency at a rate of 5 percent of that deficiency per month, not to exceed 25 percent. Note: The penalty rate for the Operating Permit Program may differ and is shown on your invoice, if applicable.

Disputes

Note: 6 NYCRR 481.9(c) (leaves DEC website) provides that challenges to a Regulatory Program Fee may be rejected under the following circumstances:

  • failure to make a request for a recalculation of the fee within 30 business days of the date of DEC's original invoice;
  • failure to make payment in full of the undisputed amount of the annual program fee; or
  • failure to give a specific reason for challenging the fee.

A new fee recalculation request must be submitted for each year's assessment, regardless of the status of the previous year's recalculation request.

If a determination is made in favor of DEC, disputed amounts not prepaid at the time of dispute are subject to interest and penalty charges, retroactive from the due date.

If you have any questions regarding a bill, please contact the Regulatory Fee Unit at 518-402-9343 between 9:00 AM-12:00 PM and 1:30 PM - 4:00 PM Monday through Friday.

Forms

Paying Your Invoice Electronically

DEC invoices for Regulatory Fees, Consent Orders, Program Fees, and Environmental Monitors can be viewed and paid on-line.

For MOSF Customers Only

For additional support, please contact the Revenue Accounting Unit at revenue@dec.ny.gov. Please include your customer number, the transaction number(s) from your invoice(s), your email address and phone number in the email.