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Partnering with New York City to Provide Human Services PDF Print E-mail
Saturday, 30 January 2010 17:23

Strengthening nonprofits is at the core of my job as New York City’s Nonprofit Contract Facilitator.  

Mayor Michael R. Bloomberg first created the post last April as part of his Nonprofit Assistance initiatives.  Since then, my Capacity Building and Oversight (CBO) team – part of the Mayor’s Office of Contract Services (MOCS) – has worked with hundreds of nonprofits who have had  questions about City funding.

Along with our one-to-one assistance, we conduct free trainings to build skills and share best practices with our nonprofit contracting partners -- over 400 nonprofit leaders attended CBO courses last year. This column is a great opportunity to share some of the tips and guidelines we’ve developed with an even wider audience.

The City supports nonprofit organizations through contracts for services to clients and communities in the health, human services, housing and economic development areas, as well as grants and other subsidies for the City’s cultural organizations, and capital funding for construction projects and equipment.  All told, this direct support exceeded $5.3 billion last year.  Some nonprofits also receive funding and in-kind support from the New York City Housing Authority and/or the Department of Education. Each of these types of support is subject to different rules and regulations, and we’re here to help sort out issues as they arise with each of the different processes.

By far, the most common questions are, “Where is my contract?” or “Why haven’t I been paid?” In some cases, we readily resolve the issues and expedite payment; in others, we refer nonprofits to the City’s zero-interest loan program to resolve cash flow challenges.  First and foremost, we empower nonprofit leaders by sharing information and de-mystifying the contracting process.  

Whether buying supplies or paying for after-school programs, City agencies must follow Procurement Policy Board (PPB) Rules.  Those rules prescribe competition, on a level playing field, to achieve the City’s goal of obtaining high-quality goods and services, at fair prices, from responsible partners or “vendors.”

The City generally selects vendors via publicly-advertised competitions.  For human services, the City typically uses a Request for Proposals (RFP).  Organizations wishing to receive City human services funding must submit proposals that exactly conform to the format stated in the RFP. Proposals are scored on how well organizations demonstrate their qualifications in three main categories: 1) capacity – programmatic and financial – to conduct the program without interruption for the term of the contract, 2) past experience providing the same or similar services, and 3) quality of the approach or program design in meeting RFP requirements.

Preliminary drafts for some proposal sections, such as organizational capacity, can be kept on hand so you will be ready for RFPs as they come out.  It is also important that your organization remains current with all required filings – including registration and annual filings with the New York State Attorney General’s Charities Bureau, annual audits and any required licensing or other regulatory filings.  Late proposals are typically not accepted, unless the deadline is formally extended by the City. To be safe, proposals should be submitted the day before they are due.

After submitting your proposal, it will be scored by the agency evaluation team.  Hopefully your organization will have garnered enough points to be deemed qualified.  If not, you may request a debriefing from the agency.  City agency staff will – once an award is made – supply feedback to assist you in planning future responses.

An agency may request clarification of your proposal, including an opportunity to meet with staff.  However, your written proposal should stand on its own, as this additional process may not occur.  

The agency may request a “Best and Final Offer” (BAFO) if the proposed budget exceeds the funds available, the prices offered are not deemed reasonable, or the agency can fund only a portion of the services. While trying to be responsive, however, you must also be sure you can adjust services or find other funding sources to plug any resulting budget gaps. Communicate these alternatives to the contracting agency – this is a negotiation process!  You need to know when to walk away if your organization will not be able to fulfill the contract in a timely, high-quality manner.

Some human services contracts are solicited through other methods, including “negotiated acquisition” or state-mandated processes. For some funding, typically smaller awards, nonprofits can make proposals to the City Council or Borough President for “discretionary” awards, also known as “member items.”  If an elected official funds your organization, the relevant City agency will contract with you for the services. For its awards, the City Council requires nonprofits receiving more than $10,000 annually also to undergo a “prequalification” process to ensure that they provide quality services to New Yorkers and safeguard the integrity of public funds.

If your organization receives discretionary funding, make sure you respond to the assigned contracting agency. The agency can pay your award only after its requirements are met, including receipt of all relevant documents, contract registration and submission of invoices that conform to your contract budget.   MOCS posts the status of each discretionary award on its website, so please check to ensure that you have supplied all the necessary information.  If your program starts before your discretionary contract is registered, and cash flow is an issue, you may apply for a zero interest loan through your contracting agency.  Be aware that services must be delivered before the end of each contract term (June 30) to be eligible for reimbursement.   

Remember, a proposal is not a guarantee of funding.  Even when you are informed that you have succeeded on an RFP, the contract does not take effect until it is registered with the Comptroller.

Remember, too, that a contract represents the City’s decision to entrust taxpayer dollars to a nonprofit partner.  This relationship of trust requires zealous oversight on both sides.  Here at the City, we recognize that many of our approximately 2,500 nonprofit partners serve the neediest New Yorkers and rely on government support as their primary funding source.  My job as the Nonprofit Contract Facilitator, along with the entire CBO team, is to help providers remain strong in the current economic downturn and the challenging years to come.

Ten tips for successful partnership with the City of New York:

1.    Read your contract; know what your organization is obligated to do.

2.    When you respond to an RFP or solicitation, read it thoroughly and cover what it asks for in your response; don’t just re-use what you used last time around.

3.    Be courteous and professional with your contracting agency, but don’t be afraid to call your contract manager or their supervisor to get the information you need. Contact information for all agencies is on the MOCS website, www.nyc.gov/mocs.

4.     Check the status of your contract online through www.nyc.gov/nonprofit. If you can’t find what you need online or through your City agency, call the Nonprofit Contract Facilitator at 212-788-0001 or 311.

5.    Engage your Board and staff strategically to guide the organization’s investment in capacity building. Be sure your Board and staff get the training they need; see the Calendar of Events at www.nyc.gov/nonprofit.

6.    Keep current with all required filings – such as the CHAR 500 – and make sure your annual audit is completed soon after the end of each fiscal year.

7.    When you are filling out paperwork – such as VENDEX forms that require various disclosures about your organization – err on the side of more disclosure, not less.  If you’re not sure – ask.  

8.    If you don’t have access to a line of credit for short-term cash flow crunches, consider a zero interest loan from the City’s Returnable Grant Fund, administered by the Fund for the City of New York. Download the application from www.nyc.gov/nonprofit.

9.    Keep meticulous documentation of program expenses, including personnel files and invoices or receipts for other expenses. A clear accounting system with strong internal controls and oversight is essential to a successful partnership.  If you need help, a listing of Technical Assistance Providers is available at www.nyc.gov/nonprofit.

10.    Fund one of your staff to become a notary, the cost will pay for itself!

Jennifer Walty is Nonprofit Contract Facilitator and Assistant Director for Capacity Building and Oversight at the NYC Mayor’s Office of Contract Services.



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