§ 42. Opportunities for certified service-disabled veteran-owned\nbusiness enterprises. 1. The director, or in the absence of the\ndirector, the commissioner, within ninety days of the effective date of\nthis article shall promulgate rules and regulations for the following\npurposes:\n (a) provide measures and procedures to ensure that certified\nservice-disabled veteran-owned business enterprises are afforded the\nopportunity for meaningful participation in the performance of state\ncontracts and to assist in state agencies' identification of those state\ncontracts for which certified service-disabled veteran-owned business\nenterprises may best perform;\n (b) provide for measures and procedures that assist state agencies in\nthe identification of state contracts where service-disabled veteran\ncontract goals are practical, feasible and appropriate for the purpose\nof increasing the utilization of service-disabled veteran-owned business\nenterprise participation on state contracts;\n (c) achieve a statewide goal for participation on state contracts by\nservice-disabled veteran-owned business enterprises of six percent;\n (d) provide for procedures relating to submission and receipt of\napplications by service-disabled veteran-owned business enterprises for\ncertification;\n (e) provide for the monitoring and compliance of state contracts by\nstate agencies with respect to the provisions of this article;\n (f) provide for the requirement that state agencies submit regular\nreports, as determined by the director, with respect to their\nservice-disabled veteran-owned business enterprise program activity,\nincluding but not limited to, utilization reporting and state contract\nmonitoring and compliance;\n (g) notwithstanding any provision of the state finance law, the public\nbuildings law, the highway law, the transportation law or the public\nauthorities law to the contrary, provide for the reservation or\nset-aside of certain procurements by state agencies in order to achieve\nthe objectives of this article; provided, however, that such\nprocurements shall remain subject to (i) priority of preferred sources\npursuant to sections one hundred sixty-two and one hundred sixty-three\nof the state finance law; (ii) the approval of the comptroller of the\nstate of New York pursuant to section one hundred twelve and section one\nhundred sixty-three of the state finance law and section twenty-eight\nhundred seventy-nine-a of the public authorities law; and (iii) the\nprocurement record requirements pursuant to paragraph g of subdivision\nnine of section one hundred sixty-three of the state finance law; and\n (h) provide for any other purposes to effectuate this article.\n 2. State agencies shall administer the rules and regulations\npromulgated by the director for the implementation of this article.\n
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