Serving Rockland & Westchester Counties, New York City & Northern New Jersey

Selling to Government: How to Win Your First Public Contract

Government buys an enormous range of goods and services, and most small businesses never sell to it, usually because the process looks impenetrable from outside. Having spent years on the government’s side of the table, I can tell you: it’s a learnable system.

Phase one: get findable and eligible

Registrations come first: federal (SAM.gov), state, and the vendor rosters of the local agencies you want to serve. If your business may qualify for MWBE, SDVOB, DBE, or similar certifications, pursue them. In New York, Executive Law § 313(1) directs each state agency to “structure procurement procedures for contracts made directly or indirectly to minority and women-owned business enterprises, in accordance with the findings of the disparity study,” and § 313(5)(a) requires rules that “require a contractor to submit a utilization plan after bids are opened, when bids are required, but prior to the award of a state contract.”

Phase two: find the right solicitations

Bid boards are noisy. The discipline is fit: start with solicitations sized to your capacity, where you meet every mandatory requirement. The words matter: General Municipal Law § 103(1) requires award of covered public work contracts “to the lowest responsible bidder furnishing the required security,” and, where best value is authorized for purchase contracts, “to a responsive and responsible bidder or offerer.” A responsive and responsible small bid you can perform beats a stretch bid that draws a default.

Phase three: bid like the evaluators read it

Because they do. Compliance matrices exist for a reason. Answer every requirement, in order, in their language. Most first-time bids fail on form, not price: missing acknowledgments, unsigned addenda, lateness measured in minutes.

Phase four: perform like an incumbent

The first contract is the expensive one; renewals and follow-ons are where the margin lives. That means understanding the compliance obligations before you price (prevailing wage, certified payrolls, insurance, reporting), because a compliance finding can consume the profit on the job and the next one. The prevailing wage compliance checklist quotes the operative provisions of Labor Law § 220.

This firm helps businesses enter public contracting and work through every phase, and I know what the agency’s lawyers are looking for, because I used to be one of them. Free consultation.

Related services: Government Procurement & Public Contracts

Attorney Advertising. This post is for general informational purposes only and does not constitute legal advice.

Eugene Bondar, Esq.

About the author

Eugene Bondar, Esq.

Founder and principal attorney of Bondar Legal P.C. in New City, NY. Eugene spent nearly four years as Principal Assistant County Attorney for Rockland County and served as Associate General Counsel to the Gateway Development Commission. Admitted in New York and New Jersey, and before the U.S. District Courts for the Southern and Eastern Districts of New York and the District of New Jersey.

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