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:

(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 section one hundred twelve and section one

hundred sixty-three of the state finance law and section twenty-eight

hundred seventy-nine-a of the public authorities law; and (iii) the

procurement record requirements pursuant to paragraph g of subdivision

nine of section one hundred sixty-three 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.