Provides a preference in state contracts for service-disabled veteran owned small businesses

Summary of provisions

Specifically, this bill would establish a new section 369 of the executive law to provide for a state contract preference for service disabled veteran owned small businesses. In so doing, it would require that the heads of state, agencies shall provide the opportunity for service-disabled veteran businesses to significantly increase the state contracting and subcontracting of such businesses, by establishing a goal of not less than 5 percent for participation by service-disabled veteran businesses in state contracting, and each that agency contracting officer would have the authority to reserve certain procurements for service disabled veteran businesses in order to achieve compliance with such goal.

This bill would further provide that in order to implement the provisions and policy of providing this preference, the heads of an state agencies must develop and publicly publish a strategy to implement the preference; make the agency's strategy publicly available, have such strategy posted upon the website of such agency and report annually to the Governor, the President Pro Tempore of the Senate, the Speaker of the Assembly, the Chair of the Senate Standing Committee on Veterans, Homeland Security and Military Affairs, and the chair of the Assembly Standing Committee on Veterans Affairs on the implementation of the agency's strategy; designate a senior-level official within such agency who would be responsible for developing and implementing the agency's strategy; include development and implementation of the agency's strategy and achievements in furtherance of the strategy as significant elements in any performance plans of the agency's designated agency senior-level official and chief acquisition or procurement officer; and include in the agency's strategy plans for reserving agency contracts exclusively for service-disabled veteran businesses, encouraging and facilitating participation by service disabled veteran businesses in competitions for award of agency contracts, encouraging agency contractors to subcontract with service-disabled veteran businesses and actively monitoring and evaluating agency contractors' efforts to do so, training agency personnel on applicable law and policies relating to participation of service-disabled veteran businesses in state contracting, and disseminating information to service-disabled veteran businesses that would assist these businesses in participating in awards of agency contracts.

This bill would also establish support roles to implement this preference for the Deputy Commissioner of the Division for Small Business, the Commissioner of the Office of General Services, the Office of the State Comptroller, the Office of the Attorney General, the Director of the Division of Veterans Affairs. The Commissioner of Labor, and the State and City University systems,

Justification

The state of New York needs to strengthen opportunities in state contracting for service-disabled veteran owned small businesses. The extraordinary service rendered to our state and the United States by veterans with disabilities incurred or aggravated in the line of duty during active service with the armed forces is worthy of providing a contract preference to all service-disabled veteran businesses. This bill would codify for New York an identical and highly successful program adopted for federal contracting. With the number of our veterans growing, and with their service and risk of disability increasing due to foreign conflicts, this bill would provide a small measure of recognition and support that this group of selfless men and women so deserve.

Legislative history

2007 - S.4218: Passed Senate 62-0 1/25/11 Reported and Committed to Finance 5/15/12 Referred to Governmental Operations 2013: Passed the Senate (S. 2803-A)

Fiscal implications

None.

Effective date

This act shall take effect immediately.