Executive Order  No. 546: Establishing the Service-Disabled Veteran Owned Business Enterprise Program

WHEREAS, the Commonwealth of Massachusetts spends billions of dollars each year in state contracting activity, including contracts for construction services, design and professional services, and commodities and services; and

WHEREAS, the Commonwealth of Massachusetts honors the extraordinary service rendered by all veterans but in particular veterans with disabilities incurred or aggravated in the line of duty during active service with the armed forces; and

WHEREAS, the Commonwealth of Massachusetts has been and continues to be a leader in providing equal access and opportunity to state contracting activity on the part of businesses owned and controlled by socially and economically disadvantaged individuals; and

WHEREAS, the Commonwealth of Massachusetts seeks to establish a service-disabled veteran-owned business program to promote self-reliance among service-disabled veterans by offering such veterans who own and control business enterprises the opportunity to participate in state contracting activity; and

WHEREAS, in order to achieve this purpose and to assist such service-disabled veteran-owned businesses to participate in state contracting activity;

NOW, THEREFORE, I, Deval L. Patrick, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me by the Constitution, Part 2, c. 2, § I, Art. I, do hereby order as follows:

Section 1. This Executive Order shall apply to the procurement and purchase of construction services, design and professional services, and commodities and services by all state agencies of the Executive Department.  As used in this order, the term ‘‘state agencies’’ means all executive offices, boards, commissions, departments, divisions, councils, bureaus, offices, and other agencies now existing and hereafter established.

Independent authorities, public institutions of higher education, elected officials, constitutional officers, the legislature and judiciary are encouraged to adopt policies and programs consistent with this Executive Order.

Section 2. It is the policy of the Commonwealth to promote access and equity of opportunity in state contracting; and, to that end, encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement contracting, including contracts for construction, design and professional services, and commodities and services.

Section 3. There is hereby established a Service-Disabled Veteran-Owned Business Enterprise Program (“Program”).  The purpose of the Program is to oversee the inclusion of business enterprises owned and controlled by service-disabled veterans in all areas of state procurement contracting, including contracts for construction, design and professional services, and commodities and services.

Section 4. The Executive Office for Administration and Finance (“ANF”) shall be responsible for the overall management, monitoring and enforcement of the Service-Disabled Veteran-Owned Business Enterprise Program established pursuant to this Executive Order, including the following:

1. The Secretary for Administration and Finance shall designate a staff member to be responsible for the development of Program policies and guidelines, which shall define program requirements, including participation goals, program development, coordination, monitoring, contract compliance including potential program violations, Agency coordination, and Agency enforcement activities;
2. In developing said Program policies and/or guidelines, the ANF staff member assigned to this task shall solicit input from state agencies prior to submitting the proposed Program policies and/or guidelines to the Secretary for Administration and Finance for final approval; and
3. Said Program policies and/or guidelines shall be submitted to the Secretary for Administration and Finance for approval within four weeks of adoption of this Order.

ANF shall devise a methodology to monitor the success of the program and measure the expenditures made by each state agency to eligible Service-Disabled Veteran-Owned Business Enterprises.

Section 5. Each Secretary and Agency Head must designate within two weeks of adoption of this Order an individual to function as a “Service-Disabled Veteran-Owned Business Enterprise Liaison” who will be charged with ensuring their respective Agency or Secretariat's compliance with this Executive Order and with supporting the implementation, monitoring and enforcement of this Program and the coordination of those functions within their Secretariat and Agency.  The individual may be an existing employee who has other duties in addition to those required of the Service-Disabled Veteran-Owned Business Enterprise Liaison.

Each Secretary, Agency Head and Service-Disabled Veteran-Owned Business Enterprise Liaison may further designate such other individuals from among their agencies that are necessary to assist the Service-Disabled Veteran-Owned Business Enterprise Liaison with its Agency's compliance with the requirements of this Order, including coordinating and communicating with and providing all requested reports and assistance as directed via Executive Office of Administration and Finance policy and program direction.

Section 6. All state agencies shall ensure that they input the required service-disabled veteran-owned business enterprise designation into the Commonwealth's accounting system, known as the Massachusetts Management, Accounting, and Reporting System ("MMARS" or its successor system), which will provide the capacity for a required service-disabled veteran-owned business enterprise designation.  All state agencies shall ensure that they comply with guidance on this requirement to be issued by ANF in consultation with the Office of the Comptroller in order to assist the Executive Office for Administration and Finance in determining the total expenditures made by each state agency to service-disabled veteran-owned business enterprises for construction services, design and professional services, and commodities and services.

In addition, ANF shall issue a report annually within 120 days of the close of each fiscal year on the effectiveness of the program, including the total expenditures made to service-disabled veteran-owned business enterprises for construction services, design and professional services, and commodities and services, the number of eligible service-disabled veteran-owned business enterprises participating in the Program, and the outreach and training efforts of the Service-Disabled Veteran-Owned Business Enterprise Program.

Section 7. This Executive Order shall take effect immediately and shall continue in effect until amended, superseded, or revoked by subsequent Executive Order.

Given at the Executive Chamber in Boston this 8th day of March in the year of our Lord two thousand and thirteen, and of the Independence of the United States of America two hundred and thirty-seven.

DEVAL L. PATRICK
GOVERNOR
Commonwealth of Massachusetts

WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth