Public Sector Contracting

Wilson & Chan advises clients about doing business with government agencies, particularly those based in New York City and New York State. For companies seeking to do business with agencies, quasi-government agencies, authorities, and development corporations in New York City or New York State, we offer a premier government contracts law practice, exceptional for its quality, experience, and focus on the government procurement laws, rules, and customs in the New York region. Our active involvement in public sector contracting, representing and/or having represented many governmental agencies, keeps us current on industry trends, best practices, and gives us strategic insight in this unique and specialized area of law, resulting in a unique competitive advantage and winning strategy for our clients.  

While most government procurement lawyers focus on federal contracts, Wilson & Chan, LLP has developed a niche in New York City and State procurement, recognizing that the annual contracting budgets of City and State are close to $43 billion and $229 billion, respectively, and that, collectively, their agencies engage in well over 200,000 contract transactions per year.

Our services include advice concerning: vendor pre-qualification; responses to government solicitations (e.g., RFPs; RFEIs; RFQs); disclosures to the government; responsibility (vendor integrity) inquiries and appeals; appeals of non-responsiveness determinations; compliance with MWBE rules and regulations; disappointed bidder protests; contract negotiations; compliance with federal, state, and local government affirmative action obligations; prevailing and living wage obligations; government investigations of contractors; debarment proceedings; litigation flowing from all of the above; mergers and acquisition strategy, and due diligence; business opportunities and procurement training.

Wilson & Chan regularly guides companies through the City and State’s disclosure systems, including PASSPort (the City of New York’s Procurement and Sourcing Solutions Portal, formerly known as VENDEX); Schedule J (the form used by the Metropolitan Transportation Authority – the MTA); the BQQ (the Background Qualification Questionnaire used by the New York and New Jersey Port Authority – the PANYNJ); and VendRep (the form used by New York State, including its Office of General Services – the OGS). Clients also come to us for advice on how to interpret solicitations, structure joint ventures and other bidding arrangements, and comply with the prevailing wage laws (including Sections 220 and 230 of the New York Labor Law), the New York State Finance Law, the General Municipal Law, and the New York City Procurement Policy Board Rules (PPB Rules). The firm has extensive experience negotiating the terms and conditions of contracts, amendments, change orders, extensions, and renewals.  

Wilson & Chan represent clients during procurement-related audits and investigations. The firm has defended clients and represented witnesses before numerous investigative offices, including the New York City Department of Investigation (DOI); the New York State Inspector General; the Metropolitan Transportation Authority’s Office of the Inspector General (MTA OIG); the New York City Housing Authority Inspector General (NYCHA IG); the New York City School Construction Authority Inspector General (SCA IG); and the Special Commissioner for Investigation for the New York City School District (SCI).

We regularly file procurement bid protests for clients (often supported by FOIL) and has pursued such claims against numerous City and State agencies through “Article 78” proceedings. We have prosecuted clients’ monetary claims for breach of contract in contractual dispute resolution forums (e.g., the City’s Contract Dispute Resolution Board – the CDRB) and in court. The firm’s attorneys have appeared for government contractors in the First, Second, and Third Departments of the New York State Supreme Court, Appellate Division.