N.Y. Veterans’ Services Law 42 – Opportunities for certified service-disabled veteran-owned business enterprises
§ 42. Opportunities for certified service-disabled veteran-owned business enterprises. 1. The director, or in the absence of the director, the commissioner, within ninety days of the effective date of this article shall promulgate rules and regulations for the following purposes:
Terms Used In N.Y. Veterans' Services Law 42
- Commissioner: shall mean the commissioner of the office of general services. See N.Y. Veterans' Services Law 40
- Contract: A legal written agreement that becomes binding when signed.
- Director: shall mean the director of the division of service-disabled veterans' business development. See N.Y. Veterans' Services Law 40
- Service-disabled veteran: shall mean (a) a veteran as defined in section one of this chapter and who received a compensation rating of ten percent or greater from the United States Department of Veterans Affairs or from the United States department of defense because of a service-connected disability incurred in the line of duty, and (b) in the case of the New York guard or the New York naval militia and/or reserves thereof, a veteran who certifies, pursuant to the rules and regulations promulgated by the director, to having incurred an injury equivalent to a compensation rating of ten percent or greater from the United States Department of Veterans Affairs or from the United States Department of Defense because of a service-connected disability incurred in the line of duty. See N.Y. Veterans' Services Law 40
- state contract: shall mean : (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of twenty-five thousand dollars, whereby a contracting agency is committed to expend or does expend funds in return for labor, services including but not limited to legal, financial and other professional services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; (ii) a written agreement in excess of one hundred thousand dollars whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; and (iii) a written agreement in excess of one hundred thousand dollars whereby the owner of a state assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project. See N.Y. Veterans' Services Law 40
(a) provide measures and procedures to ensure that certified service-disabled veteran-owned business enterprises are afforded the opportunity for meaningful participation in the performance of state contracts and to assist in state agencies' identification of those state contracts for which certified service-disabled veteran-owned business enterprises may best perform;
(b) provide for measures and procedures that assist state agencies in the identification of state contracts where service-disabled veteran contract goals are practical, feasible and appropriate for the purpose of increasing the utilization of service-disabled veteran-owned business enterprise participation on state contracts;
(c) achieve a statewide goal for participation on state contracts by service-disabled veteran-owned business enterprises of six percent;
(d) provide for procedures relating to submission and receipt of applications by service-disabled veteran-owned business enterprises for certification;
(e) provide for the monitoring and compliance of state contracts by state agencies with respect to the provisions of this article;
(f) provide for the requirement that state agencies submit regular reports, as determined by the director, with respect to their service-disabled veteran-owned business enterprise program activity, including but not limited to, utilization reporting and state contract monitoring and compliance;
(g) notwithstanding any provision of the state finance law, the public buildings law, the highway law, the transportation law or the public authorities law to the contrary, provide for the reservation or set-aside of certain procurements by state agencies in order to achieve the objectives of this article; provided, however, that such procurements shall remain subject to (i) priority of preferred sources pursuant to sections one hundred sixty-two and one hundred sixty-three of the state finance law; (ii) the approval of the comptroller of the state of New York pursuant to § 112 of the state finance law and § 2879-a of the public authorities law; and (iii) the procurement record requirements pursuant to paragraph g of subdivision nine of § 163 of the state finance law; and
(h) provide for any other purposes to effectuate this article.
2. State agencies shall administer the rules and regulations promulgated by the director for the implementation of this article.