Appendix SDVOB.pdf

(3/1/2017)

MWBE and SDVOB Procurement Procedures

The Purchase & Contracts Office follows strict procedures that are detailed in the NYS Procurement

Council’s Procurement Guidelines, based on the Procurement Stewardship Act of 1995, as well as, the

State Code of Ethics which dictates standards of behavior. In addition to the Procurement Guidelines and

Code of Ethics, consideration must be given to New York State Executive Laws Article 15-A and Veterans’ Services Law article 3.

New York State Executive Law Article 15-A governs requirements for the participation of minority and women owned business enterprises (“MWBEs”), in New York State contracting. The objective of Article

15-A is to promote equality of economic opportunities for MWBEs by eliminating barriers to their participation in New York state contracting.

New York State Veterans’ Services Law article 3 of the Executive Law governs requirements for the participation of Service-Disabled Veteran-owned Businesses (“SDVOBs”) in New York State contracting.

The objective of Veterans’ Services Law article 3 of the Executive Law is to expand opportunities for SDVOBs, primarily through increased participation in New York State contracting. Effective April 1, 2016, all agencies are required to have a 6% SDVOB contract goals. This includes State and Federal Funding.

The MWBE program, administered by the Department of Economic Development, is not connected to the

SDVOB program, administered by the Office of General Services and the two programs’ utilization rates are exclusive of each other.

NYSDOL has been successful in meeting or exceeding the 30% MWBE utilization rate that was established in 2015. Therefore, in order to meet the 6% SDVOB utilization rate and continue to abide by the New York State Finance Law, we will follow this protocol of purchasing hierarchy until such time that these procedures are revised:

First: Preferred source offerings. Must utilize Preferred Source if they can provide the service or commodity.

Second: OGS centralized services and technology contracts.

1) Utilize any SDVOBS on centralized contracts if available (2-16-17 NYS Certified SDVOBs on OGS Centralized Contracts.xlsx);

2) Utilize MWBEs on centralized contracts, if available; and

3) Utilize non-SDVOB and non-MWBE vendors on centralized contracts.

Current SDVOBS on centralized contracts: 2-16-17 NYS Certified SDVOBs on OGS Centralized Contracts.xlsx

Third: SDVOB set-asides. Set asides permit the reservation in whole or in part of certain procurements by State agencies for SDVOBs when more than one NYS Certified SDVOB is available and can provide the necessary construction, construction services, technology, commodities, products and other classifications to meet state agencies’/authorities’ form, function and utility. Currently there are two areas that meet this criteria and for which the Agency typically has a need.

SDVOB will add to this list as more SDVOBs become certified.

▪ Promotional Items (currently 4 SDVOBs)

▪ Safety Supplies/Items (currently 3 SDVOBs)

Fourth: Agency or multi-agency established contracts.

Appendix SDVOB http://ogs.ny.gov/Core/docs/Chapter22.pdf file://///dol-smb/dol_shared/finance/SHARED/Purchase/MWBE_SDVOB%20Administration/SDVOB%20%20Program%20Administration/2-16-17%20NYS%20Certified%20SDVOBs%20on%20OGS%20Centralized%20Contracts.xlsx file://///dol-smb/dol_shared/finance/SHARED/Purchase/MWBE_SDVOB%20Administration/SDVOB%20%20Program%20Administration/2-16-17%20NYS%20Certified%20SDVOBs%20on%20OGS%20Centralized%20Contracts.xlsx file://///dol-smb/dol_shared/finance/SHARED/Purchase/MWBE_SDVOB%20Administration/SDVOB%20%20Program%20Administration/2-16-17%20NYS%20Certified%20SDVOBs%20on%20OGS%20Centralized%20Contracts.xlsx file://///dol-smb/dol_shared/finance/SHARED/Purchase/MWBE_SDVOB%20Administration/SDVOB%20%20Program%20Administration/2-16-17%20NYS%20Certified%20SDVOBs%20on%20OGS%20Centralized%20Contracts.xlsx

(3/1/2017)

Fifth: Competitive open market procurements that do not require a formal solicitation process (less than $50,000)

1) Solicit quotations from at least 3 SDVOBS, if available (link to certified directory:

https://www.ogs.ny.gov/Core/Docs/CertifiedNYS_SDVOB.pdf);

2) Solicit quotations from at least 3 MWBEs, if available (link to MWBE certified directory:

https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=8620);

and

3) solicit quotations from non-SDVOB and non-MWBE vendors.

Sixth: Competitive open market procurements that do require a formal solicitation process (more than

$50,000). Include standard MWBE and SDVOB language within the solicitation document and subsequent contract.

Any RFPs and contract that conforms to the definition of state contract as described in the rules and regulations of the SDVOB program (9 CRR-NY G I 252) shall include language SDVOB language and link to the directory. OGS requires that language shall be included regardless of intent or determination to use SDVOBs in the contract performance as its inclusion will promote awareness of the SDVOB program among bidders/proposers/contractors. This will include

SDVOB Utilization Plan and SDVOB Waiver Application.

https://www.ogs.ny.gov/Core/Docs/CertifiedNYS_SDVOB.pdf https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=8620 http://ogs.ny.gov/About/Regs/docs/part252.pdf http://ogs.ny.gov/About/Regs/docs/part252.pdf