New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 252 - Service-Disabled Veteran-Owned-Business Enterprise Program › Section 252.2 - State agency responsibilities: purpose, scope and applicabilty

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this section is to establish standards,
					 criteria, and procedures by which State agencies set annual goals for direct
					 and indirect contracting opportunities with certified service-disabled
					 veteran-owned business enterprises, and the processes by which these master
					 goal plans are submitted, including what information needs to be reported, and
					 procedures and consequences for State agencies that fail to meet their goals
					 without a good faith effort to maximize contractual opportunities for certified
					 enterprises.
(a)
Annual State
				  agency-specific goals
.
(1) Each
				  State agency shall develop and adopt agency-specific goals in accordance with
				  article 3 of the Veterans' Services Law. Such agency specific goals shall be in
				  addition to goals established pursuant to article 15-A of the Executive Law
				  with respect to procurements from certified minority owned and women owned
				  business enterprises.
(2)
				  Agency-specific goals shall be reflected in the State agency's master goal plan
				  and any subsequent updates to the master goal plan for the inclusion of
				  certified service-disabled veteran-owned business enterprises with
				  justifications for such goals.
(3)
				  Agency-specific goals shall be set upon a review of the scope, character and
				  relevant expenditures associated with the State contracts that are expected to
				  be let or performed during the relevant fiscal year and shall be based on
				  specific factors concerning said State contracts, which shall include, where
				  applicable, the following:
(i) statewide
				  availability of service-disabled veteran-owned business enterprises for
				  construction, construction services, non-construction services, technology,
				  commodities or products;
(ii) the
				  availability of certified service-disabled veteran-owned business enterprises
				  for the State agency's State contracts found in the Directory of
				  Service-Disabled Veteran-Owned Businesses maintained by the Office of General
				  Services;
(iii) the geographic
				  location(s) of the performance of the State agency's contracts;
(iv) the extent to which geography is
				  material to the performance of the State contract and the ability of certified
				  service-disabled veteran-owned business enterprises that are located outside of
				  the geographic location(s) to perform on State contracts notwithstanding their
				  location; and
(v) such other
				  factors as the State agency can specifically delineate and justify with
				  supporting facts and documentation.
(4) Agency-specific goals shall be
				  established on a State fiscal year basis or, where the State agency operates on
				  a different fiscal year and upon the approval of the director, the State
				  agency's fiscal year.