A. 5553--A 2
COLLEGES ON BEHALF OF THE STATE, OR (IV) A BOARD, A MAJORITY OF WHOSE
MEMBERS ARE APPOINTED BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF BEING
STATE OFFICERS OR EMPLOYEES AS DEFINED IN SUBPARAGRAPH (I), (II) OR
(III) OF PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF
THE PUBLIC OFFICERS LAW;
(B) A "STATE AUTHORITY," AS DEFINED IN SUBDIVISION ONE OF SECTION TWO
OF THE PUBLIC AUTHORITIES LAW, AND THE FOLLOWING:
ALBANY COUNTY AIRPORT AUTHORITY;
ALBANY PORT DISTRICT COMMISSION;
ALFRED, ALMOND, HORNELLSVILLE SEWER AUTHORITY;
BATTERY PARK CITY AUTHORITY;
CAYUGA COUNTY WATER AND SEWER AUTHORITY;
(NELSON A. ROCKEFELLER) EMPIRE STATE PLAZA PERFORMING ARTS CENTER
CORPORATION;
INDUSTRIAL EXHIBIT AUTHORITY;
LIVINGSTON COUNTY WATER AND SEWER AUTHORITY;
LONG ISLAND POWER AUTHORITY;
LONG ISLAND RAIL ROAD;
LONG ISLAND MARKET AUTHORITY;
MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
METRO-NORTH COMMUTER RAILROAD;
METROPOLITAN SUBURBAN BUS AUTHORITY;
METROPOLITAN TRANSPORTATION AUTHORITY;
NATURAL HERITAGE TRUST;
NEW YORK CITY TRANSIT AUTHORITY;
NEW YORK CONVENTION CENTER OPERATING CORPORATION;
NEW YORK STATE BRIDGE AUTHORITY;
NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY;
NEW YORK STATE THRUWAY AUTHORITY;
NIAGARA FALLS PUBLIC WATER AUTHORITY;
NIAGARA FALLS WATER BOARD;
PORT OF OSWEGO AUTHORITY;
POWER AUTHORITY OF THE STATE OF NEW YORK;
ROOSEVELT ISLAND OPERATION CORPORATION;
SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY;
STATE INSURANCE FUND;
STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY;
STATE UNIVERSITY CONSTRUCTION FUND;
SYRACUSE REGIONAL AIRPORT AUTHORITY;
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
UPPER MOHAWK VALLEY REGIONAL WATER BOARD;
UPPER MOHAWK VALLEY REGIONAL WATER FINANCE AUTHORITY;
UPPER MOHAWK VALLEY MEMORIAL AUDITORIUM AUTHORITY;
URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARY CORPORATIONS;
(C) THE FOLLOWING ONLY TO THE EXTENT OF STATE CONTRACTS ENTERED INTO
FOR ITS OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS DEFINED IN
PARAGRAPH (A) OF (B) OF THIS SUBDIVISION:
DORMITORY AUTHORITY OF THE STATE OF NEW YORK;
FACILITIES DEVELOPMENT CORPORATION;
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION.
2. "PERIOD OF WAR" MEANS THE SPANISH AMERICAN WAR; THE MEXICAN BORDER
PERIOD; WORLD WAR I; WORLD WAR II; THE HOSTILITIES KNOWN AS THE KOREAN
WAR, WHICH COMMENCED JUNE TWENTY-SEVENTH, NINETEEN HUNDRED FIFTY AND
TERMINATED ON JANUARY THIRTY-FIRST, NINETEEN HUNDRED FIFTY-FIVE; THE
HOSTILITIES KNOWN AS THE VIETNAM WAR, WHICH COMMENCED ON FEBRUARY TWEN-
A. 5553--A 3
TY-EIGHTH, NINETEEN HUNDRED SIXTY-ONE AND TERMINATED ON MAY SEVENTH,
NINETEEN HUNDRED SEVENTY-FIVE; AND THE HOSTILITIES KNOWN AS THE PERSIAN
GULF CONFLICT, WHICH COMMENCED AUGUST SECOND, NINETEEN HUNDRED NINETY TO
THE END OF SUCH CONFLICT INCLUDING MILITARY SERVICE IN OPERATION ENDUR-
ING FREEDOM, OPERATION IRAQI FREEDOM OR OPERATION NEW DAWN AND WAS THE
RECIPIENT OF THE GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL OR THE IRAQ
CAMPAIGN MEDAL OR THE AFGHANISTAN CAMPAIGN MEDAL.
3. "SERVICE-CONNECTED DISABLED VETERAN" MEANS A VETERAN WHO RECEIVED A
COMPENSATION RATING 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 IN THE ACTIVE
MILITARY, NAVAL OR AIR SERVICE.
4. "CERTIFIED SERVICE-CONNECTED DISABLED VETERAN-OWNED BUSINESS ENTER-
PRISE" SHALL MEAN A BUSINESS ENTERPRISE, INCLUDING A SOLE PROPRIETOR-
SHIP, PARTNERSHIP, OR CORPORATION THAT IS:
(A) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE SERVICE-CONNECTED
DISABLED VETERANS;
(B) AN ENTERPRISE IN WHICH SUCH SERVICE-CONNECTED DISABLED VETERAN
OWNERSHIP IS REAL, SUBSTANTIAL, AND CONTINUING;
(C) AN ENTERPRISE IN WHICH SUCH SERVICE-CONNECTED DISABLED VETERAN
OWNERSHIP HAS AND EXERCISES THE AUTHORITY TO CONTROL INDEPENDENTLY THE
DAY-TO-DAY BUSINESS DECISIONS OF THE ENTERPRISE;
(D) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND IS INDE-
PENDENTLY OWNED AND OPERATED;
(E) AN ENTERPRISE OWNED BY AN INDIVIDUAL OR INDIVIDUALS, WHOSE OWNER-
SHIP, CONTROL AND OPERATION ARE RELIED UPON FOR CERTIFICATION, WITH A
PERSONAL NET WORTH THAT DOES NOT EXCEED THREE MILLION FIVE HUNDRED THOU-
SAND DOLLARS, AS ADJUSTED ANNUALLY ON THE FIRST OF JANUARY FOR INFLATION
ACCORDING TO THE CONSUMER PRICE INDEX OF THE PREVIOUS YEAR;
(F) AN ENTERPRISE THAT IS A SMALL BUSINESS PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION; AND
(G) IS CERTIFIED PURSUANT TO SUBDIVISION THREE OF SECTION THREE
HUNDRED SIXTY-NINE-A OF THIS ARTICLE.
5. "SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW.
6. "VETERAN" SHALL MEAN A PERSON WHO SERVED IN THE ACTIVE MILITARY,
NAVAL, OR AIR SERVICE DURING A PERIOD OF WAR, OR WAS A RECIPIENT OF THE
ARMED FORCES EXPEDITIONARY MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE CORPS
EXPEDITIONARY MEDAL, OR GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, AND
WAS DISCHARGED OR RELEASED THEREFROM UNDER OTHER THAN DISHONORABLE
DISCHARGE.
7. "CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISES" SHALL MEAN A BUSI-
NESS ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, OR CORPO-
RATION THAT IS:
(A) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE VETERAN;
(B) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP IS REAL, SUBSTAN-
TIAL, AND CONTINUING;
(C) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP HAS AND EXERCISES
THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS
OF THE ENTERPRISE;
(D) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND INDE-
PENDENTLY OWNED AND OPERATED;
(E) AN ENTERPRISE OWNED BY AN INDIVIDUAL OR INDIVIDUALS, WHOSE OWNER-
SHIP, CONTROL AND OPERATION WERE RELIED UPON FOR CERTIFICATION, WITH A
PERSONAL NET WORTH THAT DOES NOT EXCEED THREE MILLION FIVE HUNDRED THOU-
A. 5553--A 4
SAND DOLLARS, AS ADJUSTED ANNUALLY ON THE FIRST OF JANUARY FOR INFLATION
ACCORDING TO THE CONSUMER PRICE INDEX OF THE PREVIOUS YEAR;
(F) AN ENTERPRISE THAT IS A SMALL BUSINESS PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION; AND
(G) IS CERTIFIED PURSUANT TO SUBDIVISION THREE OF SECTION THREE
HUNDRED SIXTY-NINE-B OF THIS ARTICLE.
S 369-A. OPPORTUNITIES FOR CERTIFIED SERVICE-CONNECTED DISABLED VETER-
AN-OWNED BUSINESS ENTERPRISES.
1. CONTRACT PREFERENCES. EACH AGENCY SHALL PROVIDE THE OPPORTUNITY FOR
CERTIFIED SERVICE-CONNECTED DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
TO MAXIMIZE THEIR PARTICIPATION IN THE PERFORMANCE OF STATE CONTRACTS. A
BID BY A SERVICE-CONNECTED DISABLED VETERAN-OWNED BUSINESS ENTERPRISE
SHALL BE TREATED AS THE LOWEST BID IN A COMPETITIVE PROCESS FOR A
COMMODITY IF IT COST NO MORE THAN FIFTEEN PERCENT HIGHER THAN THE LOWEST
BID AND FOR SERVICES, IF THE COST COMPONENT IS NO MORE THAN FIFTEEN
PERCENT HIGHER THAN THE COST COMPONENT OF THE HIGHEST SCORING BID, THESE
COMPONENTS SHALL BE TREATED AS EQUAL FOR PURPOSES OF COMPETITIVE SCOR-
ING.
2. DUTIES OF AGENCIES. IN ORDER TO IMPLEMENT THE PROVISIONS AND POLICY
ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION, AGENCIES SHALL:
(A) DEVELOP A STRATEGY TO IMPLEMENT THE PROVISIONS AND POLICY ESTAB-
LISHED IN SUBDIVISION ONE OF THIS SECTION; AND SHALL PUBLICLY PUBLISH
SUCH STRATEGY;
(B) MAKE THE AGENCY'S STRATEGY PUBLICLY AVAILABLE, POST SUCH STRATEGY
UPON THE WEBSITE OF SUCH AGENCY, AND REPORT ANNUALLY TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY,
ON THE IMPLEMENTATION OF THE AGENCY'S STRATEGY;
(C) DESIGNATE A SENIOR-LEVEL OFFICIAL WITHIN SUCH AGENCY WHO SHALL BE
RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING THE AGENCY'S STRATEGY; AND
(D) INCLUDE IN THE AGENCY'S STRATEGY PLANS FOR:
(I) ENCOURAGING AND FACILITATING PARTICIPATION BY CERTIFIED
SERVICE-CONNECTED DISABLED VETERAN-OWNED BUSINESS ENTERPRISES IN COMPE-
TITIONS FOR AWARD OF AGENCY CONTRACTS;
(II) ENCOURAGING AGENCY CONTRACTORS TO SUBCONTRACT WITH CERTIFIED
SERVICE-CONNECTED DISABLED VETERAN-OWNED BUSINESS ENTERPRISES AND
ACTIVELY MONITORING AND EVALUATING AGENCY CONTRACTOR'S EFFORTS TO DO SO;
(III) TRAINING AGENCY PERSONNEL ON APPLICABLE LAW AND POLICIES RELAT-
ING TO PARTICIPATION OF CERTIFIED SERVICE-CONNECTED DISABLED
VETERAN-OWNED BUSINESS ENTERPRISES IN STATE CONTRACTING; AND
(IV) DISSEMINATING INFORMATION TO CERTIFIED SERVICE-CONNECTED DISABLED
VETERAN-OWNED BUSINESS ENTERPRISES THAT WOULD ASSIST THESE BUSINESSES IN
PARTICIPATING IN AWARDS OF AGENCY CONTRACTS.
3. CERTIFICATION. (A) THE DEPUTY COMMISSIONER RESPONSIBLE FOR HEADING
THE DIVISION FOR SMALL BUSINESS WITHIN THE DEPARTMENT OF ECONOMIC DEVEL-
OPMENT, AS ESTABLISHED PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THE
ECONOMIC DEVELOPMENT LAW SHALL PROMULGATE RULES AND REGULATIONS PROVID-
ING FOR THE ESTABLISHMENT OF A STATEWIDE CERTIFICATION PROGRAM INCLUDING
RULES AND REGULATIONS GOVERNING THE APPROVAL, DENIAL, OR REVOCATION OF
ANY SUCH CERTIFICATION. SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT
NOT BE LIMITED TO, SUCH MATTERS AS MAY BE REQUIRED TO ENSURE THAT THE
ESTABLISHED PROCEDURES THEREUNDER SHALL AT LEAST BE IN COMPLIANCE WITH
THE CODE OF FAIR PROCEDURE SET FORTH IN SECTION SEVENTY-THREE OF THE
CIVIL RIGHTS LAW.
(B) THE DIVISION FOR SMALL BUSINESS SHALL BE RESPONSIBLE FOR VERIFYING
BUSINESSES AS BEING OWNED, OPERATED, AND CONTROLLED BY A SERVICE-CON-
NECTED DISABLED VETERAN AND FOR CERTIFYING SUCH VERIFIED BUSINESSES.
A. 5553--A 5
STATUS AS A SERVICE-CONNECTED DISABLED VETERAN SHALL BE DOCUMENTED BY A
COPY OF THE VETERAN'S CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE
DUTY ALSO KNOWN AS A DD-214 FORM OR AN HONORABLE SERVICE
CERTIFICATE/REPORT OF CAUSALITY FROM THE DEPARTMENT OF DEFENSE, A LETTER
OF CERTIFICATION BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR
THE UNITED STATES DEPARTMENT OF DEFENSE AND ANY ADDITIONAL INFORMATION
THAT MAY BE REQUIRED BY THE DIVISION FOR SMALL BUSINESS. THE DEPUTY
COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PREPARE A DIRECTO-
RY OF CERTIFIED SERVICE-CONNECTED DISABLED VETERAN-OWNED BUSINESS ENTER-
PRISES FOR USE BY AGENCIES IN CARRYING OUT THE PROVISIONS OF THIS
SECTION. SUCH DIRECTORY SHALL BE PUBLICLY POSTED ON THE EMPIRE STATE
DEVELOPMENT CORPORATION WEBSITE. THE DEPUTY COMMISSIONER OF THE DIVISION
FOR SMALL BUSINESS SHALL PERIODICALLY UPDATE THE DIRECTORY.
(C) FOLLOWING APPLICATION FOR CERTIFICATION PURSUANT TO THIS SECTION,
THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PROVIDE
THE APPLICANT WITH WRITTEN NOTICE OF THE STATUS OF THE APPLICATION,
INCLUDING NOTICE OF ANY OUTSTANDING DEFICIENCIES, WITHIN THIRTY DAYS.
WITHIN SIXTY DAYS OF SUBMISSION OF A FINAL COMPLETED APPLICATION, THE
DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PROVIDE THE
APPLICANT WITH WRITTEN NOTICE OF A DETERMINATION BY THE DEPUTY COMMIS-
SIONER OF THE DIVISION FOR SMALL BUSINESS APPROVING OR DENYING SUCH
CERTIFICATION AND, IN THE EVENT OF A DENIAL, A STATEMENT SETTING FORTH
THE REASONS FOR SUCH DENIAL. UPON A DETERMINATION DENYING OR REVOKING
CERTIFICATION, THE BUSINESS ENTERPRISE FOR WHICH CERTIFICATION HAS BEEN
SO DENIED OR REVOKED SHALL, UPON WRITTEN REQUEST MADE WITHIN THIRTY DAYS
FROM RECEIPT OF NOTICE OF SUCH DETERMINATION, BE ENTITLED TO A HEARING
BEFORE AN INDEPENDENT HEARING OFFICER DESIGNATED FOR SUCH PURPOSE BY THE
DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS. IN THE EVENT
THAT A REQUEST FOR A HEARING IS NOT MADE WITHIN SUCH THIRTY DAY PERIOD,
SUCH DETERMINATION SHALL BE DEEMED TO BE FINAL. THE INDEPENDENT HEARING
OFFICER SHALL CONDUCT A HEARING AND UPON THE CONCLUSION OF SUCH HEARING,
ISSUE A WRITTEN RECOMMENDATION TO THE DEPUTY COMMISSIONER OF THE DIVI-
SION FOR SMALL BUSINESS TO AFFIRM, REVERSE, OR MODIFY SUCH DETERMINATION
OF THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS. SUCH
WRITTEN RECOMMENDATION SHALL BE ISSUED TO THE PARTIES. THE DEPUTY
COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS, WITHIN THIRTY DAYS, BY
ORDER, MUST ACCEPT, REJECT OR MODIFY SUCH RECOMMENDATION OF THE HEARING
OFFICER AND SET FORTH IN WRITING THE REASON THEREFOR. THE DEPUTY COMMIS-
SIONER OF THE DIVISION FOR SMALL BUSINESS SHALL SERVE A COPY OF SUCH
ORDER AND REASONS THEREFOR UPON THE BUSINESS ENTERPRISE BY PERSONAL
SERVICE OR BY CERTIFIED MAIL RETURN RECEIPT REQUESTED. THE ORDER OF THE
DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL BE SUBJECT
TO REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES.
(D) ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF THREE YEARS.
4. DUTIES OF DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS.
THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL:
(A) DESIGNATE AN APPROPRIATE ENTITY WITHIN THE DIVISION FOR SMALL
BUSINESS THAT SHALL, IN CONSULTATION WITH THE DIVISION OF VETERANS
AFFAIRS, PROVIDE TO CERTIFIED SERVICE-CONNECTED DISABLED VETERAN-OWNED
BUSINESS ENTERPRISES INFORMATION AND ASSISTANCE CONCERNING PARTICIPATION
IN STATE CONTRACTING;
(B) ADVISE AND ASSIST AGENCIES IN THEIR IMPLEMENTATION OF SUBDIVISION
ONE OF THIS SECTION; AND
(C) MAKE AVAILABLE TO CERTIFIED SERVICE-CONNECTED DISABLED
VETERAN-OWNED BUSINESS ENTERPRISES TRAINING IN STATE CONTRACTING LAW,
A. 5553--A 6
PROCEDURES, AND PRACTICES THAT WOULD ASSIST SUCH BUSINESSES IN PARTIC-
IPATING IN STATE CONTRACTING AND MAKE THIS TRAINING AVAILABLE ONLINE
THROUGH A CONTINUOUS LEARNING PROGRAM.
S 369-B. OPPORTUNITIES FOR CERTIFIED VETERAN-OWNED BUSINESS ENTER-
PRISES. 1. CONTRACT PREFERENCES. EACH AGENCY SHALL PROVIDE THE OPPORTU-
NITY FOR CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISES TO MAXIMIZE THEIR
PARTICIPATION IN THE PERFORMANCE OF STATE CONTRACTS. A BID BY A VETER-
AN-OWNED BUSINESS ENTERPRISE SHALL BE TREATED AS THE LOWEST BID IN A
COMPETITIVE PROCESS FOR A COMMODITY IF IT COST NO MORE THAN TEN PERCENT
HIGHER THAN THE LOWEST BID AND FOR SERVICES, IF THE COST COMPONENT IS NO
MORE THAN TEN PERCENT HIGHER THAN THE COST COMPONENT OF THE HIGHEST
SCORING BID, THESE COMPONENTS SHALL BE TREATED AS EQUAL FOR PURPOSES OF
COMPETITIVE SCORING.
2. DUTIES OF AGENCIES. IN ORDER TO IMPLEMENT THE PROVISIONS AND POLICY
ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION, AGENCIES SHALL:
(A) DEVELOP A STRATEGY TO IMPLEMENT THE PROVISIONS AND POLICY ESTAB-
LISHED IN SUBDIVISION ONE OF THIS SECTION; AND SHALL PUBLICLY PUBLISH
SUCH STRATEGY;
(B) MAKE THE AGENCY'S STRATEGY PUBLICLY AVAILABLE, HAVE SUCH STRATEGY
POSTED UPON THE WEBSITE OF SUCH AGENCY, AND REPORT ANNUALLY TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
ASSEMBLY ON THE IMPLEMENTATION OF THE AGENCY'S STRATEGY;
(C) DESIGNATE A SENIOR-LEVEL OFFICIAL WITHIN SUCH AGENCY WHO SHALL BE
RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING THE AGENCY'S STRATEGY; AND
(D) INCLUDE IN THE AGENCY'S STRATEGY PLANS FOR:
(I) ENCOURAGING AND FACILITATING PARTICIPATION BY CERTIFIED
VETERAN-OWNED BUSINESS ENTERPRISES IN COMPETITIONS FOR AWARD OF AGENCY
CONTRACTS;
(II) ENCOURAGING AGENCY CONTRACTORS TO SUBCONTRACT WITH CERTIFIED
VETERAN-OWNED BUSINESS ENTERPRISES AND ACTIVELY MONITORING AND EVALUAT-
ING AGENCY CONTRACTOR'S EFFORTS TO DO SO;
(III) TRAINING AGENCY PERSONNEL ON APPLICABLE LAW AND POLICIES RELAT-
ING TO PARTICIPATION OF CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISES IN
STATE CONTRACTING; AND
(IV) DISSEMINATING INFORMATION TO CERTIFIED VETERAN-OWNED BUSINESS
ENTERPRISES THAT WOULD ASSIST THESE BUSINESSES IN PARTICIPATING IN
AWARDS OF AGENCY CONTRACTS.
3. CERTIFICATION. (A) THE DEPUTY COMMISSIONER RESPONSIBLE FOR HEADING
THE DIVISION FOR SMALL BUSINESS WITHIN THE DEPARTMENT OF ECONOMIC DEVEL-
OPMENT, AS ESTABLISHED PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THE
ECONOMIC DEVELOPMENT LAW SHALL PROMULGATE RULES AND REGULATIONS PROVID-
ING FOR THE ESTABLISHMENT OF A STATEWIDE CERTIFICATION PROGRAM INCLUDING
RULES AND REGULATIONS GOVERNING THE APPROVAL, DENIAL, OR REVOCATION OF
ANY SUCH CERTIFICATION. SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT
NOT BE LIMITED TO, SUCH MATTERS AS MAY BE REQUIRED TO ENSURE THAT THE
ESTABLISHED PROCEDURES THEREUNDER SHALL AT LEAST BE IN COMPLIANCE WITH
THE CODE OF FAIR PROCEDURE SET FORTH IN SECTION SEVENTY-THREE OF THE
CIVIL RIGHTS LAW.
(B) THE DIVISION FOR SMALL BUSINESS SHALL BE RESPONSIBLE FOR VERIFYING
BUSINESSES AS BEING OWNED, OPERATED, AND CONTROLLED BY A VETERAN AND FOR
CERTIFYING SUCH VERIFIED BUSINESSES. STATUS AS A VETERAN SHALL BE DOCU-
MENTED BY A COPY OF THE VETERAN'S CERTIFICATE OF RELEASE OR DISCHARGE
FROM ACTIVE DUTY ALSO KNOWN AS A DD-214 FORM OR AN HONORABLE SERVICE
CERTIFICATE/REPORT OF CAUSALITY FROM THE DEPARTMENT OF DEFENSE, A LETTER
OF CERTIFICATION BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR
THE UNITED STATES DEPARTMENT OF DEFENSE AND ANY ADDITIONAL INFORMATION
A. 5553--A 7
THAT MAY BE REQUIRED BY THE DIVISION FOR SMALL BUSINESS. THE DEPUTY
COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PREPARE A DIRECTO-
RY OF CERTIFIED VETERAN-OWNED BUSINESS ENTERPRISES FOR USE BY AGENCIES
IN CARRYING OUT THE PROVISIONS OF THIS SECTION. SUCH DIRECTORY SHALL BE
PUBLICLY POSTED ON THE EMPIRE STATE DEVELOPMENT CORPORATION WEBSITE. THE
DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PERIOD-
ICALLY UPDATE THE DIRECTORY.
(C) FOLLOWING APPLICATION FOR CERTIFICATION PURSUANT TO THIS SECTION,
THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PROVIDE
THE APPLICANT WITH WRITTEN NOTICE OF THE STATUS OF THE APPLICATION,
INCLUDING NOTICE OF ANY OUTSTANDING DEFICIENCIES, WITHIN THIRTY DAYS.
WITHIN SIXTY DAYS OF SUBMISSION OF A FINAL COMPLETED APPLICATION, THE
DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL PROVIDE THE
APPLICANT WITH WRITTEN NOTICE OF A DETERMINATION BY THE DEPUTY COMMIS-
SIONER OF THE DIVISION FOR SMALL BUSINESS APPROVING OR DENYING SUCH
CERTIFICATION AND, IN THE EVENT OF A DENIAL, A STATEMENT SETTING FORTH
THE REASONS FOR SUCH DENIAL. UPON A DETERMINATION DENYING OR REVOKING
CERTIFICATION, THE BUSINESS ENTERPRISE FOR WHICH CERTIFICATION HAS BEEN
SO DENIED OR REVOKED SHALL, UPON WRITTEN REQUEST MADE WITHIN THIRTY DAYS
FROM RECEIPT OF NOTICE OF SUCH DETERMINATION, BE ENTITLED TO A HEARING
BEFORE AN INDEPENDENT HEARING OFFICER DESIGNATED FOR SUCH PURPOSE BY THE
DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS. IN THE EVENT
THAT A REQUEST FOR A HEARING IS NOT MADE WITHIN SUCH THIRTY DAY PERIOD,
SUCH DETERMINATION SHALL BE DEEMED TO BE FINAL. THE INDEPENDENT HEARING
OFFICER SHALL CONDUCT A HEARING AND UPON THE CONCLUSION OF SUCH HEARING,
ISSUE A WRITTEN RECOMMENDATION TO THE DEPUTY COMMISSIONER OF THE DIVI-
SION FOR SMALL BUSINESS TO AFFIRM, REVERSE, OR MODIFY SUCH DETERMINATION
OF THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS. SUCH
WRITTEN RECOMMENDATION SHALL BE ISSUED TO THE PARTIES. THE DEPUTY
COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS, WITHIN THIRTY DAYS, BY
ORDER, MUST ACCEPT, REJECT OR MODIFY SUCH RECOMMENDATION OF THE HEARING
OFFICER AND SET FORTH IN WRITING THE REASONS THEREFOR. THE DEPUTY
COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL SERVE A COPY OF
SUCH ORDER AND REASONS THEREFOR UPON THE BUSINESS ENTERPRISE BY PERSONAL
SERVICE OR BY CERTIFIED MAIL RETURN RECEIPT REQUESTED. THE ORDER OF THE
DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL BE SUBJECT
TO REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES.
(D) ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF THREE YEARS.
4. DUTIES OF DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS.
THE DEPUTY COMMISSIONER OF THE DIVISION FOR SMALL BUSINESS SHALL:
(A) DESIGNATE AN APPROPRIATE ENTITY WITHIN THE DIVISION FOR SMALL
BUSINESS THAT SHALL, IN CONSULTATION WITH THE DIVISION OF VETERANS
AFFAIRS, PROVIDE TO VETERAN-OWNED BUSINESS ENTERPRISES INFORMATION AND
ASSISTANCE CONCERNING PARTICIPATION IN STATE CONTRACTING;
(B) ADVISE AND ASSIST AGENCIES IN THEIR IMPLEMENTATION OF SUBDIVISION
ONE OF THIS SECTION; AND
(C) MAKE AVAILABLE TO VETERAN-OWNED BUSINESS ENTERPRISES TRAINING IN
STATE CONTRACTING LAW, PROCEDURES, AND PRACTICES THAT WOULD ASSIST SUCH
BUSINESSES IN PARTICIPATING IN STATE CONTRACTING AND MAKE THIS TRAINING
AVAILABLE ONLINE THROUGH A CONTINUOUS LEARNING PROGRAM.
S 369-C. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
DICTION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE DIRECT-
A. 5553--A 8
LY INVOLVED IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN
RENDERED.
S 2. Subparagraph (i) of paragraph (b) of subdivision 3 of section
2879 of the public authorities law, as amended by chapter 174 of the
laws of 2010, is amended to read as follows:
(i) for the selection of such contractors on a competitive basis, and
provisions relating to the circumstances under which the board may by
resolution waive competition, including, notwithstanding any other
provision of law requiring competition, the purchase of goods or
services from small business concerns [or], those certified as minority
or women-owned business enterprises OR THOSE CERTIFIED AS SERVICE-CON-
NECTED DISABLED VETERAN OR VETERAN-OWNED BUSINESS ENTERPRISES, or goods
or technology that are recycled or remanufactured, in an amount not to
exceed two hundred thousand dollars without a formal competitive proc-
ess;
S 3. Subdivision 3 of section 2879 of the public authorities law is
amended by adding eleven new subdivisions (q), (r), (s), (t), (u), (v),
(w), (x), (y), (z) and (a-1) to read as follows:
(Q) AN IDENTIFICATION OF THOSE AREAS OR TYPES OF CONTRACTS FOR WHICH
SERVICE-CONNECTED DISABLED VETERAN OR VETERAN-OWNED BUSINESS ENTERPRISES
MAY BEST BID SO AS TO PROMOTE AND ASSIST PARTICIPATION BY SUCH ENTER-
PRISES AND FACILITATE A FAIR SHARE OF THE AWARDING OF CONTRACTS TO SUCH
ENTERPRISES. FOR THE PURPOSES OF THIS SECTION, A SERVICE-CONNECTED DISA-
BLED VETERAN BUSINESS ENTERPRISE MEANS ANY BUSINESS ENTERPRISE, INCLUD-
ING A SOLE PROPRIETORSHIP, PARTNERSHIP OR CORPORATION THAT IS:
(I) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE SERVICE-CONNECTED
DISABLED VETERANS;
(II) AN ENTERPRISE IN WHICH SUCH SERVICE-CONNECTED DISABLED VETERAN
OWNERSHIP IS REAL, SUBSTANTIAL, AND CONTINUING;
(III) AN ENTERPRISE IN WHICH SUCH SERVICE-CONNECTED DISABLED VETERAN
OWNERSHIP HAS AND EXERCISES THE AUTHORITY TO CONTROL INDEPENDENTLY THE
DAY-TO-DAY BUSINESS DECISIONS OF THE ENTERPRISE;
(IV) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND IS
INDEPENDENTLY OWNED AND OPERATED;
(V) (A) AN ENTERPRISE OWNED BY AN INDIVIDUAL OR INDIVIDUALS, WHOSE
OWNERSHIP, CONTROL AND OPERATION ARE RELIED UPON FOR CERTIFICATION, WITH
A PERSONAL NET WORTH THAT DOES NOT EXCEED THREE MILLION FIVE HUNDRED
THOUSAND DOLLARS, AS ADJUSTED ANNUALLY ON THE FIRST OF JANUARY FOR
INFLATION ACCORDING TO THE CONSUMER PRICE INDEX OF THE PREVIOUS YEAR, OR
(B) AN ENTERPRISE OF WHICH TWENTY PERCENT OR MORE OF ITS EMPLOYEES ARE
SERVICE-CONNECTED DISABLED VETERANS;
(VI) AN ENTERPRISE THAT IS A SMALL BUSINESS; AND
(VII) IS CERTIFIED PURSUANT TO SUBDIVISION THREE OF SECTION THREE
HUNDRED SIXTY-NINE-A OF THE EXECUTIVE LAW.
(R) FOR THE PURPOSES OF THIS SECTION, A SERVICE-CONNECTED DISABLED
VETERAN MEANS A VETERAN WHO RECEIVED A COMPENSATION RATING 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 IN THE ACTIVE MILITARY, NAVAL OR AIR SERVICE.
(S) FOR PURPOSES OF THIS SECTION, SMALL BUSINESS SHALL HAVE THE SAME
MEANING AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC
DEVELOPMENT LAW.
(T) FOR PURPOSES OF THIS SECTION, A PERIOD OF WAR MEANS THE SPANISH
AMERICAN WAR; THE MEXICAN BORDER PERIOD; WORLD WAR I; WORLD WAR II; THE
HOSTILITIES KNOWN AS THE KOREAN WAR, WHICH COMMENCED JUNE TWENTY-SEV-
ENTH, NINETEEN HUNDRED FIFTY AND TERMINATED ON JANUARY THIRTY-FIRST,
A. 5553--A 9
NINETEEN HUNDRED FIFTY-FIVE; THE HOSTILITIES KNOWN AS THE VIETNAM WAR,
WHICH COMMENCED ON FEBRUARY TWENTY-EIGHTH, NINETEEN HUNDRED SIXTY-ONE
AND TERMINATED ON MAY SEVENTH, NINETEEN HUNDRED SEVENTY-FIVE; AND THE
HOSTILITIES KNOWN AS THE PERSIAN GULF CONFLICT, WHICH COMMENCED AUGUST
SECOND, NINETEEN HUNDRED NINETY TO THE END OF SUCH CONFLICT INCLUDING
MILITARY SERVICE IN OPERATION ENDURING FREEDOM, OPERATION IRAQI FREEDOM
OR OPERATION NEW DAWN AND WAS THE RECIPIENT OF THE GLOBAL WAR ON TERROR-
ISM EXPEDITIONARY MEDAL OR THE IRAQ CAMPAIGN MEDAL OR THE AFGHANISTAN
CAMPAIGN MEDAL.
(U) FOR THE PURPOSES OF THIS SECTION, A VETERAN-OWNED BUSINESS ENTER-
PRISE MEANS A BUSINESS ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP,
PARTNERSHIP, OR CORPORATION THAT IS:
(I) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE VETERANS;
(II) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP IS REAL, SUBSTAN-
TIAL, AND CONTINUING;
(III) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP HAS AND EXERCISES
THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS
OF THE ENTERPRISE;
(IV) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND INDE-
PENDENTLY OWNED AND OPERATED;
(V) AN ENTERPRISE OWNED BY AN INDIVIDUAL OR INDIVIDUALS, WHOSE OWNER-
SHIP, CONTROL AND OPERATION WERE RELIED UPON FOR CERTIFICATION, WITH A
PERSONAL NET WORTH THAT DOES NOT EXCEED THREE MILLION FIVE HUNDRED THOU-
SAND DOLLARS, AS ADJUSTED ANNUALLY ON THE FIRST OF JANUARY FOR INFLATION
ACCORDING TO THE CONSUMER PRICE INDEX OF THE PREVIOUS YEAR;
(VI) AN ENTERPRISE THAT IS A SMALL BUSINESS; AND
(VII) IS CERTIFIED PURSUANT TO SUBDIVISION THREE OF SECTION THREE
HUNDRED SIXTY-NINE-B OF THE EXECUTIVE LAW.
(V) FOR THE PURPOSES OF THIS SECTION A VETERAN IS A PERSON WHO SERVED
IN THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE DURING A PERIOD OF WAR, OR
WAS A RECIPIENT OF THE ARMED FORCES EXPEDITIONARY MEDAL, NAVY EXPEDI-
TIONARY MEDAL, MARINE CORPS EXPEDITIONARY MEDAL, OR GLOBAL WAR ON
TERRORISM EXPEDITIONARY MEDAL, AND WAS DISCHARGED OR RELEASED THEREFROM
UNDER OTHER THAN DISHONORABLE DISCHARGE.
(W) REQUIREMENTS FOR THE DESIGNATION OF ONE OR MORE SENIOR STAFF OF
THE CORPORATION TO OVERSEE THE CORPORATION'S PROGRAMS ESTABLISHED TO
PROMOTE AND ASSIST: (I) PARTICIPATION BY CERTIFIED SERVICE-CONNECTED
DISABLED VETERAN OR VETERAN-OWNED BUSINESS ENTERPRISES IN THE CORPO-
RATION'S PROCUREMENT OPPORTUNITIES AND FACILITATION OF THE AWARD OF
PROCUREMENT CONTRACTS TO SUCH ENTERPRISES; (II) THE UTILIZATION OF
CERTIFIED SERVICE-CONNECTED DISABLED VETERAN AND VETERAN-OWNED BUSINESS
ENTERPRISES AS SUBCONTRACTORS AND SUPPLIERS BY ENTITIES HAVING PROCURE-
MENT CONTRACTS WITH THE CORPORATION; AND (III) THE UTILIZATION OF PART-
NERSHIPS, JOINT VENTURES OR OTHER SIMILAR ARRANGEMENTS BETWEEN CERTIFIED
SERVICE-CONNECTED DISABLED VETERAN AND VETERAN-OWNED BUSINESS ENTER-
PRISES AND OTHER ENTITIES HAVING PROCUREMENT CONTRACTS WITH THE CORPO-
RATION. SUCH STAFF SHALL BE FAMILIAR WITH THE PROCUREMENT OF THE TYPES
OF CONSTRUCTION, FINANCIAL, LEGAL OR PROFESSIONAL SERVICES UTILIZED BY
THE CORPORATION, REPORT DIRECTLY TO THE CORPORATION'S EXECUTIVE DIREC-
TOR, PRESIDENT OR CHIEF EXECUTIVE OFFICER AND EITHER DIRECTLY OR THROUGH
THEIR DESIGNEES PARTICIPATE IN THE PROCUREMENT PROCESS.
(X) REQUIREMENTS FOR PROVIDING NOTICE, IN ADDITION TO ANY OTHER NOTICE
OF PROCUREMENT OPPORTUNITIES REQUIRED BY LAW, TO PROFESSIONAL AND OTHER
ORGANIZATIONS THAT SERVE SERVICE-CONNECTED DISABLED VETERAN AND VETER-
AN-OWNED BUSINESS ENTERPRISES PROVIDING THE TYPES OF SERVICES PROCURED
BY THE CORPORATION.
A. 5553--A 10
(Y) PROCEDURES FOR MAINTAINING LISTS OF QUALIFIED CERTIFIED
SERVICE-CONNECTED DISABLED VETERAN AND VETERAN-OWNED BUSINESS ENTER-
PRISES, INCLUDING PROFESSIONAL FIRMS THAT HAVE EXPRESSED AN INTEREST IN
DOING BUSINESS WITH THE CORPORATION AND ENSURING THAT SUCH LISTS ARE
UPDATED REGULARLY. THE CORPORATION SHALL ALSO CONSULT THE LISTS OF
CERTIFIED SERVICE-CONNECTED DISABLED VETERAN AND VETERAN-OWNED BUSINESS
ENTERPRISES MAINTAINED BY THE DIVISION FOR SMALL BUSINESS IN THE DEPART-
MENT OF ECONOMIC DEVELOPMENT PURSUANT TO ARTICLE SEVENTEEN-A OF THE
EXECUTIVE LAW.
(Z) THE ESTABLISHMENT OF APPROPRIATE GOALS FOR PARTICIPATION BY
SERVICE-CONNECTED DISABLED VETERAN OR VETERAN-OWNED BUSINESS ENTERPRISES
IN PROCUREMENT CONTRACTS AWARDED BY THE CORPORATION AND FOR THE UTILIZA-
TION OF SERVICE-CONNECTED DISABLED VETERAN AND VETERAN-OWNED ENTERPRISES
AS SUBCONTRACTORS AND SUPPLIERS BY ENTITIES HAVING PROCUREMENT CONTRACTS
WITH THE CORPORATION.
(A-1) REQUIREMENTS TO CONDUCT PROCUREMENTS IN A MANNER THAT WILL
ENABLE THE CORPORATION TO ACHIEVE THE MAXIMUM FEASIBLE PORTION OF THE
GOALS ESTABLISHED PURSUANT TO PARAGRAPH (Z) OF THIS SUBDIVISION AND THAT
ELIMINATES BARRIERS TO PARTICIPATION BY SERVICE-CONNECTED DISABLED
VETERAN AND VETERAN-OWNED BUSINESS ENTERPRISES IN THE CORPORATION'S
PROCUREMENTS. SUCH PROCUREMENT REQUIREMENTS SHALL INCLUDE THE FOLLOWING:
(I) MEASURES AND PROCEDURES TO ENSURE THAT CERTIFIED BUSINESSES SHALL
BE GIVEN THE OPPORTUNITY FOR MAXIMUM FEASIBLE PARTICIPATION IN THE
PERFORMANCE OF STATE CONTRACTS AND TO ASSIST IN THE CORPORATION'S IDEN-
TIFICATION OF THOSE STATE CONTRACTS FOR WHICH CERTIFIED BUSINESSES MAY
BEST BID TO ACTIVELY AND AFFIRMATIVELY PROMOTE AND ASSIST THEIR PARTIC-
IPATION IN THE PERFORMANCE OF STATE CONTRACTS SO AS TO FACILITATE THE
CORPORATION'S ACHIEVEMENT OF THE MAXIMUM FEASIBLE PORTION OF THE GOALS
FOR STATE CONTRACTS TO SUCH BUSINESSES;
(II) PROVISIONS DESIGNATING THE DIVISION OF SMALL BUSINESS DEVELOPMENT
TO CERTIFY AND DECERTIFY SERVICE-CONNECTED DISABLED VETERAN AND VETER-
AN-OWNED BUSINESS ENTERPRISES FOR ALL CORPORATIONS THROUGH A SINGLE
PROCESS THAT MEETS APPLICABLE STATE AND FEDERAL REQUIREMENTS;
(III) A REQUIREMENT THAT EACH CONTRACT SOLICITATION DOCUMENT ACCOMPA-
NYING EACH SOLICITATION SET FORTH THE EXPECTED DEGREE OF SERVICE-CON-
NECTED DISABLED VETERAN AND VETERAN-OWNED BUSINESS ENTERPRISE PARTIC-
IPATION BASED, IN PART, ON:
(A) THE POTENTIAL SUBCONTRACT OPPORTUNITIES AVAILABLE IN THE PRIME
PROCUREMENT CONTRACT; AND
(B) THE AVAILABILITY OF CERTIFIED SERVICE-CONNECTED DISABLED VETERAN
AND VETERAN-OWNED BUSINESS ENTERPRISES TO RESPOND COMPETITIVELY TO THE
POTENTIAL SUBCONTRACT OPPORTUNITIES;
(IV) A REQUIREMENT THAT EACH CORPORATION PROVIDE A CURRENT LIST OF
CERTIFIED SERVICE-CONNECTED DISABLED VETERAN AND VETERAN-OWNED BUSINESS
ENTERPRISES TO EACH PROSPECTIVE CONTRACTOR;
(V) PROVISIONS RELATING TO JOINT VENTURES, UNDER WHICH A BIDDER MAY
COUNT TOWARD MEETING ITS SERVICE-CONNECTED DISABLED VETERAN AND VETER-
AN-OWNED BUSINESS ENTERPRISE PARTICIPATION GOAL, THE SERVICE-CONNECTED
DISABLED VETERAN AND VETERAN-OWNED BUSINESS ENTERPRISE PORTION OF THE
JOINT VENTURE;
(VI) PROVISIONS UNDER WHICH THE CORPORATION MAY WAIVE OBLIGATIONS OF
THE CONTRACTOR RELATING TO SERVICE-CONNECTED DISABLED VETERAN AND VETER-
AN-OWNED BUSINESS ENTERPRISE PARTICIPATION AFTER A SHOWING OF GOOD FAITH
EFFORTS TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION;
(VII) A REQUIREMENT THAT THE CORPORATION VERIFY THAT SERVICE-CONNECTED
DISABLED VETERAN AND VETERAN-OWNED BUSINESS ENTERPRISES LISTED IN A
A. 5553--A 11
SUCCESSFUL BID ARE ACTUALLY PARTICIPATING TO THE EXTENT LISTED IN THE
PROJECT FOR WHICH THE BID WAS SUBMITTED;
(VIII) IN THE IMPLEMENTATION OF THIS SECTION, THE CONTRACTING CORPO-
RATION SHALL:
(A) CONSIDER, WHERE PRACTICABLE, THE SEVERABILITY OF CONSTRUCTION
PROJECTS AND OTHER BUNDLED CONTRACTS;
(B) IMPLEMENT A PROGRAM THAT WILL ENABLE THE CORPORATION TO EVALUATE
EACH CONTRACT TO DETERMINE THE APPROPRIATENESS OF THE GOAL PURSUANT TO
PARAGRAPH (Z) OF THIS SUBDIVISION; AND
(C) CONSIDER COMPLIANCE WITH THE REQUIREMENTS OF ANY FEDERAL LAW
CONCERNING OPPORTUNITIES FOR SERVICE-CONNECTED DISABLED VETERAN AND
VETERAN-OWNED BUSINESS ENTERPRISES WHICH EFFECTUATES THE PURPOSE OF THIS
SECTION.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.