SDVOB Information
RTG is a New York certified service-disabled, veteran-owned business (SDVOB), as well as a VA-certified service-disabled, veteran-owned small business (SDVOSB). As a SDVOB, we are able to help NY State agencies, authorities, and public benefit corporations continue to progress toward the statewide SDVOB utilization goal of 6% (twice the federal requirement) established by New York State Executive Law Article 17-B.
New York has only a limited number of certified SDVOBs (178 as of Jan. 1, 2016), a smaller number of SDVOBs in the IT sector (15), and even fewer SDVOBs that are value-added resellers (5), with only three of those VARs being New York-based companies. (NY Certified SDVOB Directory) Moreover, RTG is the only NY-certified VAR located in or around metro-New York City.
Following a successful pilot program in FY2015, in FY2016 all NY state agencies and authorities will have to meet New York’s statewide SDVOB utilization goal of 6% for all state contracts. NY’s OGS’s Division of Service Disabled Veterans’ Business Development (the “DSDVBD”) has reported that its “pilot rollout has been a success and, given the number and diversity of certified SDVOBs, DSDVBD will fully implement the program to all agencies and authorities for FY 2016/17.” That rollout will start April 1, 2016.
The DSDVBD has also published “Operations Guidance” for NY State agencies and authorities that sets out both planning and reporting obligations for all agencies and authorities. [insert link] The Operations Guidance explains that each State agency and authority has to develop a plan to comply with the 6% goal established by article 17-B of the Executive Law (i.e., the SDVOB Act), and submit it to the DSDVBD’s director each year. (Guidance at 2.) Every agency and authority will also have to submit an “SDVOB Activity Quarterly Report” to DSDVBD detailing its SDVOB awards, disbursements/utilizations, and SDVOB waivers.
As one of the few NY-certified SDVOB VARs based in New York State, RTG is uniquely positioned to provide a key contracting option to manufacturers marketing to NY State customers. Just as manufacturers have provided M/WBE alternatives to its government customers, adding RTG as a reseller will offer your government customers a SDVOB option to meet their contracting goals.
Options for Use of SDVOBs
Agency and authority personnel have three primary options for using NYS Certified SDVOBs in their contracting/purchasing activities:
1. 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. SDVOB set-asides shall be assessed for M/WBE participation goals pursuant to article 15-A of the Executive Law. For more information about set-asides, see Participation by Service-Disabled Veterans with Respect to State Contracts Through Set Asides or contact the DSDVBD.
2. SDVOB Contract Goal Setting
A required percentage of SDVOB participation may be placed on qualified procurements. Any 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), unless exempt or excluded, may be assessed for SDVOB participation goals. SDVOB participation goals shall be in addition to any M/WBE goals established pursuant to article 15-A of the Executive Law.
3. SDVOB Discretionary Purchasing
NYS Certified SDVOB vendors may be chosen when making discretionary purchases. Discretionary purchases are procurements made below statutorily established monetary levels and at the discretion of the agency, without the need for a formal competitive procurement process. For more information about discretionary purchasing, see the NYS Procurement Council Discretionary Purchasing Guidelines.
DSDVBD has provided operational guidance on how to use either of these methods.
Discretionary Spending Authority Up to $200,000
An additional tool authorized by the law is the recent extension of the authority for state agencies (not public authorities or public benefit corporations) under State Finance Law § 163 (6) to use discretionary purchasing authority of up to $200,000 to purchase commodities, services and technology to further promote purchasing from SDVOBs. Similar discretionary authority had already been granted to state agencies for procurements from small businesses, minority-owned businesses or woman-owned businesses and now SDVOBs fall into that same category.