[Adopted 4-22-2021 by L.L. No. 8-2021]
This Town Board finds that there is a public benefit to rewarding veterans for their sacrifice of military service by promoting service-disabled veteran-owned businesses. It is the purpose and intent of the Town Board to amend Chapter 24 of the Town Code, entitled "Governmental Operations," in order to provide a preference to eligible service-disabled veteran-owned businesses to encourage and promote the use of these businesses by increasing their participation in Town contracting opportunities.
As used in this article, the following terms shall have the
meanings indicated:
Any business providing a bid, offer, quote, estimate, proposal
or other response to the Town for the purpose of offering or providing
goods or services to the Town other than in response to a public bid
as required pursuant to § 103 of the General Municipal Law.
Any claim, account, demand against or agreement with, upon
sufficient consideration, the Town of North Hempstead or any divisions,
departments, agencies, or entity thereof, express or implied, for
the rendering or performance of personal or professional services
and shall include extensions, modifications, renewals, or amendments.
The term "contract" shall not include any such agreement which is
awarded pursuant to General Municipal Law § 103 or collective
bargaining agreements.
A business that maintains a current certification as a service-disabled
veteran-owned business enterprise by the New York State Office of
General Services Division of Service-Disabled Veterans' Business Development
and meets the criteria set forth in Article 17-B of the Executive
Law.
A.
In the case of all purchases to be made and all contracts to be awarded,
except contracts awarded pursuant to § 103 of the General
Municipal Law, the Director of Purchasing and the Commissioner of
the Department of Public Works may grant a SDVOB preference and effect
such purchase from, or award such contract to, a responsible bidder
other than the lowest responsible bidder where such other bidder qualifies
as a SDVOB as defined herein.
B.
The Town Board, by resolution, shall amend the Procurement and Payment
Policy to provide the Division of Purchasing and the Department of
Public Works additional guidelines to implement the provisions of
this article.
A.
Use of a subcontractor that qualifies as a SDVOB, as defined herein,
will qualify a contractor not otherwise qualified to receive a preference
under this article for a purchase or a contract to be awarded. To
be eligible for the preference, qualifying subcontractors must perform
a commercially useful function.
(1)
A subcontractor is deemed to perform a commercially useful function
if the subcontractor does all of the following:
(a)
Is responsible for the execution of a distinct element of the
work of the contract;
(b)
Carries out its obligation by actually performing, managing,
or supervising the work involved;
(c)
Performs work that is normal for its business services and functions;
(d)
Is responsible, with respect to products, inventories, materials,
and supplies required for the contract, for negotiating price, determining
quality and quantity, ordering, installing, if applicable, and making
payment; and
(e)
Is not further subcontracting a portion of the work that is
greater than that expected to be subcontracted by normal industry
practices.
(2)
A subcontractor shall not be considered to perform a commercially
useful function if the subcontractor's role is limited to that of
an extra participant in a transaction, contract, or project through
which funds are passed in order to obtain the appearance of an SDVOB.
B.
Contractors utilizing a qualifying SDVOB subcontractor shall take
all reasonable steps to ensure that its SDVOB subcontractor is able
to successfully perform its subcontract responsibilities.
C.
The Town reserves the right to cancel or terminate a purchase or
contract awarded based upon a preference given pursuant to this section
where the qualifying subcontractor is unable to perform its subcontract
responsibilities or where the Town determines that the subcontractor
is not performing a commercially useful function.
A.
This article applies to contracts, other than those awarded pursuant
to § 103 of the General Municipal Law, which are awarded
on or after June 1, 2021.
B.
This article shall not apply in the following situations:
(1)
Where the preference created by this article would violate federal
or state law or any existing contract;
(2)
Where external funding sources do not permit local preference purchasing
allowances;
(3)
Where the goods or services being purchased are available through
a cooperative purchasing program or through piggybacking as described
in the Town's procurement policy or state law;
(4)
Where the Town Board waives the requirements of this article by resolution
when it deems appropriate; and
(5)
Where the goods and services are subject to mandatory competitive
bidding rules of § 103 of the General Municipal Law.
Any contractor or subcontractor who makes false representations
to the Town in an effort to obtain a preference pursuant to this article
shall be suspended from participating as a contractor or subcontractor
or supplier in any Town contract or project for a period of two years.
The Town shall not award a contract to any contractor who uses the
services of an entity that is suspended for violating this section
during the period of the entity's suspension.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
