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This entry was published on 2019-04-19
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SECTION 369-J
Opportunities for certified service-disabled veteran-owned business enterprises
Executive (EXC) CHAPTER 18, ARTICLE 17-B
* § 369-j. 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.

* NB Repealed March 31, 2024