Practice Area
Government Procurement & Public Contracts Counsel: New York & New Jersey
Advised from the inside out.
Selling to the government is unlike any other market: the rules are statutory, the audits are real, and a compliance mistake can cost you the contract, or your eligibility for the next one. Eugene Bondar spent his career on the government's side of these transactions, advising a $16 billion federally funded program, a county government, and two New York City agencies. Now he puts that perspective to work for the businesses on the other side of the table.
RFBs & RFPs: drafting, review, and response
Eugene has worked with Requests for Bids and Requests for Proposals from both sides: creating contracting processes and standard contract forms for government agencies, and preparing compliant responses for the firms pursuing them. For bidders and proposers, he reviews the solicitation before you invest in a response, flagging mandatory requirements, ambiguities worth a written question, and terms you should price or push back on. For public and quasi-public entities, he drafts solicitations and evaluation frameworks that withstand protest.
The evaluation and award phase
The window between proposal submission and contract execution is where deals are actually shaped, and where unrepresented firms leave the most value behind. Bondar Legal assists firms in negotiating with government entities throughout evaluation and award: responding to clarification requests without creating compliance problems, handling discussions and best and final offers, negotiating contract terms the solicitation left open, and protecting your proposal's confidential and trade secret material from disclosure along the way.
Bid protests: pursuing and defending
When an award goes wrong, the firm moves at protest speed. That means an immediate assessment of the grounds (unstated evaluation criteria, acceptance of a non-responsive bid, a flawed responsibility determination, specification tailoring, or a process that departed from the solicitation), followed by prompt demands for the award record and debriefing, and a protest filed within deadlines that are often measured in days. Where the agency process fails, Eugene escalates, including Article 78 challenges in New York to an award determination that "was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion" (CPLR 7803(3)). And because Eugene advised a county procurement department from the government's side, the firm also represents winning bidders whose awards are protested by competitors.
Responsibility checks & vendor responsibility inquiries
Before any award, agencies must find the contractor "responsible": under General Municipal Law § 103(1), covered public work and purchase contracts "shall be awarded . . . to the lowest responsible bidder furnishing the required security after advertisement for sealed bids," or, where best value is authorized, "to a responsive and responsible bidder or offerer." A responsibility inquiry is where strong bids quietly die. Eugene helps firms respond to responsibility questionnaires and vendor disclosure systems, answer agency inquiries about litigation history, performance issues, or integrity matters in a way that is accurate and complete without volunteering ambiguity, and contest proposed findings of non-responsibility, determinations that can shadow a firm's eligibility far beyond a single contract. If you've received a responsibility inquiry or a notice of proposed non-responsibility, contact the firm before you respond: the first answer is the one that follows you.
How the firm helps
- RFB and RFP drafting, review, and response strategy for bidders and for public entities
- Negotiation with government entities during evaluation, discussions, and award
- Bid protests: prosecuting protests and defending awards, through agency channels and Article 78
- Responsibility questionnaires, vendor disclosure, and non-responsibility challenges
- Federal procurement standards and grant compliance, including Bipartisan Infrastructure Law requirements
- New York General Municipal Law and state/local procurement rules
- Inter-agency and cooperative purchasing ("piggybacking") strategy
- Prevailing wage, apprenticeship, and labor compliance obligations
- Contract administration, modifications, disputes, and terminations
Request a free consultation
The initial consultation is free, and every inquiry is answered within one business day. Prefer the phone? Call (845) 200-3992.
★★★★★"I've used Eugene Bondar both personally and for my nonprofit, and I couldn't be happier. He's easy to talk to, straight to the point, and always makes time when I need him. He explains things in a way that actually makes sense and I trust him completely. Highly recommend."
Attorney Advertising. Prior results do not guarantee a similar outcome.
Good to Know
Government Procurement & Public Contracts: FAQ
We want to start selling to government agencies. Where do we begin?
The path runs: registrations and certifications, finding the right solicitations, preparing a compliant bid or proposal, then performing under rules most private companies have never seen: prevailing wage, certified payrolls, audit and reporting obligations. Companies that get the framework right from the start win repeat contracts; companies that learn by mistake get findings. The firm guides clients through every phase.
How does a public procurement actually work, start to finish?
A typical cycle: the agency issues a solicitation (IFB or RFP), vendors submit bids or proposals, the agency evaluates and awards, the contract is executed, and then contract administration begins: modifications, compliance, payment, and closeout. Each phase has different rules and different ways to lose. Knowing where you are in the cycle determines your rights, which is exactly what Eugene maps out at a free consultation.
We lost a bid we believe was wrongly awarded. What can we do?
Protest deadlines are set by the awarding agency's own procurement rules and the solicitation terms, and they are short. The outer limit for a court challenge in New York is CPLR 217(1): a proceeding "must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner." Contact the firm immediately. Eugene will assess whether the award violated procurement rules, whether a protest is worth filing, and how to protect your standing for the next solicitation either way.
What is cooperative purchasing or "piggybacking"?
It lets a government buyer purchase off another agency’s competitively bid contract instead of running its own procurement. In New York, General Municipal Law § 103(3) permits a local officer, board or agency, "[n]otwithstanding the provisions of subdivision one of this section," to make purchases or contract for services "through the county in which the political subdivision or district is located or through any county within the state." Done right, it is a powerful shortcut for vendors; done wrong, it creates audit findings. Eugene advised a county procurement department on these questions and knows where the line is.
An audit found compliance problems with our government contract. How bad is it?
It depends on what you do next. Audit findings can mean withheld payments, repayment demands, penalties, or in serious cases debarment, but an early, well-documented response often narrows findings dramatically. Do not respond to the agency before getting advice; bring the draft findings to the firm first.
Can the government terminate our contract even if we did nothing wrong?
Usually yes. Most public contracts include termination for convenience clauses. But you are typically entitled to recover certain costs, and a wrongful default termination can sometimes be converted to a convenience termination with real money attached. If you have received a termination notice or cure notice, the response window is short. Call the firm.
The agency sent us a responsibility questionnaire / is asking about our litigation history. How should we respond?
Carefully, and with counsel. Responsibility inquiries are where strong bids quietly die. Answers must be accurate and complete, but how you frame litigation history, past performance issues, or integrity questions matters enormously, and a proposed non-responsibility finding can affect your eligibility far beyond one contract. Talk to Eugene before you submit your first answer.
Can we actually negotiate with a government agency before award?
More than most firms realize. Depending on the procurement method, there is room to ask written questions that reshape the solicitation, respond strategically to clarifications and discussions, improve terms through best and final offers, and negotiate open contract terms after selection. Knowing what the agency can and cannot do, because Eugene spent years on that side, is the advantage.
Are MWBE, DBE, SDVOB, or similar certifications worth pursuing?
For eligible businesses, often very much so. 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 implementing 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." DBE certification opens federally funded transportation work specifically. The firm advises on eligibility, the application process, and staying compliant once certified, including how certifications interact with subcontracting plans.