Description:

A Government Entity is a New York City oversight and service agency that manages procurement citywide, from planning and release of agency solicitations to payment of vendors. Annually, agencies procure billions in products and services from a diverse pool of vendors that represent various industries. MOCS therefore aims to ensure that the procurement process remains fair, transparent, efficient and cost-effective.

MOCS makes it easier to do business through use of end-to-end technology tools, increases transparency by publication of enriched data and hosting public hearings, and strengthens procurement operations by providing direct assistance and resources to all stakeholders. MOCS also partners with agencies and vendors to identify areas for policy reform, resulting in ongoing process improvement to reduce administrative burdens and increase the positive impact of services on communities. The MOCS Director serves as the City Chief Procurement Officer.

MOCS team members operate in a collaborative, service-oriented environment, where flexibility and ability to achieve results are valued. Staff must conduct all duties relevant to their position in their assigned division and demonstrate an advanced level of expertise. This position requires a focus on aligning daily operations to the agency's strategic priorities, engage stakeholders in planning and ensure performance using well-defined success metrics and project management strategies. All staff are expected to deliver timely and quality work products and services, participate in ongoing improvement activities, proactively deepen their knowledge of procurement and government operations, and will use modern technology software and hardware to complete daily duties. This position must collaborate with other team members to implement projects, help to maintain and/or analyze operational data, and interact with external stakeholders.

Under the supervision of the General Counsel to the Mayor's Office of Contract Services (MOCS), the Deputy General Counsel provides legal advice to the City Chief Procurement Officer (CCPO), General Counsel and MOCS and agency procurement staff. Principal duties and responsibilities are as follows:
Provide legal advice and analysis on a broad range of procurement-related matters, including:

System design and implementation protocols for the citywide online procurement portal PASSPort;
Interviewing vendors and in consultation with the Law Department and the Department of Investigation, negotiate and draft terms of agreements with vendors to resolve integrity concerns;
Drafting standard contract language and directives for Mayoral agencies' use to implement various legislative and policy initiatives;
Drafting affidavits for litigation, as well as required regulatory findings and waivers;
Monitoring and advising on legislative and policy initiatives at city, state and federal levels, e.g., environmentally preferable purchasing, M/WBE contract opportunities and prevailing wage compliance;
Drafting testimony, regulations and policy memoranda;
Working with the New York City Council on procurement-related policy and legislation;
Supervise MOCS' legal work relating to other legislative initiatives and for matters before the Franchise, Concession and Review Committee (FCRC)
Conduct vendor outreach initiatives to address procurement policies of interest to the vendor community including consulting with a broadly representative group of vendors and associations of vendors, like: representatives of the not-for-profit community, construction industry, goods sellers, technology companies, M/WBEs, small businesses and other specific vendor constituencies, concerning current and planned procurement policy initiatives;
Coordinate MOCS' docket of vendor appeals of agency determinations of non-responsibility;
Draft CCPO non-responsibility appeals determinations;
Represent CCPO as panel member on Contract Dispute Resolution Board (alternative dispute resolution tribunal), to hear and resolve vendor claims;
Assist Law Department in drafting standard contract language for Mayoral agencies' use, particularly with regard to insurance, construction projects and human services programs; prepare draft affidavits for litigation and provide advice on responsibility determinations and disputes with Comptroller;
Coordinate the CAPA processes for all procurement-related regulations and in consultation with the Law Department, draft non-PPB, procurement related regulations;
Provide training and technical assistance to agencies to facilitate best practices in researching and determining vendor responsibility, based upon such factors as business integrity, financial resources, organizational capacity and prior performance;
Review information, ascertain supporting documentation and prepare narrative for entries to the PASSPort data base, to indicate responsibility issues affecting particular vendors; respond to vendor inquiries/disputes regarding caution information;
Respond to FOIL requests, draft memoranda for minor rules violations and PASSPort disclosure waivers;
Draft and review agency contracts;
Review reports of outside activities and make recommendations to agency head regarding conflicts of interest matters and outside employment waivers;
Provide legal advice to agency human resources and administrative staff on employment and operational matters.

Minimum Qualifications:
Admission to the New York State Bar; and four years of recent full-time responsible, relevant, satisfactory legal experience subsequent to admission to any bar, eighteen months of which must have been in the supervision of other attorneys, in an administrative, managerial or executive capacity, or performing highly complex and significant legal work.

Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

Preferred Skills:
Graduation from an accredited law school with a Juris Doctor degree and a minimum of five years of full-time practicing experience Experience in public policy analysis and with the City procurement process. Strong leadership skills with the ability to motivate others. Ability to interact with all levels of management and the public. Excellent analytical skills and strict attention to detail. Clear and effective written, oral and listening communication skills.