M/WBE Goals & Reporting Responsibilities
The Department has established Minority and Women-owned Business Enterprise (M/WBE) and Equal Employment Opportunity (EEO) goals for use when procuring goods or services. These goals reflect the Department's objective to obtain a "fair share" of its needs from small, minority and women-owned businesses and to comply with Executive Law Article 15-A, Economic Development Law Article 4-A and 5NYCRR Parts 140-144, Rules and Regulations of the Minority and Women's Business Development Program.
In 2012, the Department received approval of updated goals for MWBEs from Empire State Development's Minority and Women's Business Development Program. Subsequent to this approval, there was additional clarification provided regarding the combined M/WBE goals noted below. While the goals were structured on a regional basis in the past, the revised perspective is one that is based on statewide availability.
The updated goals are based on the disparity study that was completed in 2010. The study found significant disparities between the level of participation of MWBEs in State contracts and the number of MWBEs that are ready, willing and able to participate in State procurements. Governor Cuomo has made increased MWBE utilization a priority of his administration, setting an overall goal to increase MWBE participation in State contracting to 20%.
While it continues to be essential that both minority and women owned certified businesses are utilized in a variety of areas of the state, the Department is no longer basing its goal setting on regional availability. Rather, the goals will be set based on the availability of M/WBEs statewide. The combined statewide MWBE goal is 20%. This percentage can be broken down into any combination between the minority and women owned sectors (10% M, 10% W; 15% M, 5% W; 8% M, 12% W; etc.) as long as the combined goal is at least 20%. The rationale behind the breakdown between the minority and women owned sectors must be supported based on statewide availability of certified firms.
Construction contracts valued at $100,000 or more and service and commodity contracts valued at $25,000 or more require good faith efforts to meet M/WBE goals and must include the M/WBE and EEO goals in the awarding document (contract or purchase order). These documents must also include language for mandated reporting. Revenue contracts do not require M/WBE goals; however, the appropriate EEO goals are still required.
The Department's new goals are effective immediately and will be used for all procurements/contracts that are advertised after August 1, 2012. The goals are as follows:
|Category||MWBE Combined Goal|
|Non-Construction Services (Statewide):||20%|
|EEO Female Workforce Participation Goals||10%|
|EEO Minority Workforce Participation Goals||10%|
The Bureau of Contract and Grant Development in Management and Budget Services assists Department staff with the identification of MWBEs that may be interested in submitting a bid, quote or proposal for a Department procurement. MWBEs are added to existing bidders lists or may receive notice of specific opportunities.
The Department advertises its procurement opportunities in the New York State Contract Reporter (NYSCR), New York State's official publication of procurement activity for all state agencies, public authorities and public benefit corporations. The NYSCR is published online daily and can be viewed by registered users free of charge. Although state agencies must advertise in the NYSCR, it is also important to be aware of opportunities for discretionary purchasing valued under $50,000 that may not be advertised in the NYSCR.
If you are interested in receiving notice of upcoming Department contracting or purchasing opportunities and being added to potential bidders lists, please complete a Bidders List form (PDF) (959 KB).
Bureau staff review all federal grants (applications and awards); commodity, service, technology and state assistance procurements and contracts valued at $25,000 or more; and construction contracts valued at $100,000 or more. Appropriate M/WBE-EEO language and the correct M/WBE-EEO goals should be established during the approval phase and must be based on the work to be performed in each individual contract.
M/WBE Reporting Requirements
Once an award is made to the selected vendor, the vendor is required to submit an M/WBE-EEO Work Plan (PDF) (1.49 MB) with supporting documentation, for review and approval by the Bureau of Contract and Grant Development. The Work Plan must include the following components: 1) Policy Statement, 2) Designation of M/WBE Authorized Representative and 3) Project Description.
For each procurement, the designated Minority Business Enterprise Officer is responsible for ensuring that the completed detailed M/WBE-EEO Utilization Plan (PDF) (1.33 MB) from the Prime Contractor is submitted ten days after the contract has been approved by the State Comptroller. This form identifies M/WBE subcontractors and their participation in the contract.
Contracts that meet the established thresholds require contractors to submit Quarterly Reports (PDF) (1.29 MB) detailing payments made by the Prime Contractor to NYS Certified M/WBEs.
Waiver of Goal Requirements: A State agency can grant a partial or total waiver of goal requirements established on a State contract only upon submission of a waiver request by a contractor. Such a request requires documentation of good faith efforts by the contractor to meet the goals requirements of the State contract.
If you have any questions regarding the MWBE Goals and Reporting Responsibilities, please contact the Bureau of Contract and Grant Development, MWBE Section by email.
More about M/WBE Goals & Reporting Responsibilities:
- Approved Waivers - This is a listing of contracts for which the M/WBE goal requirements have been waived.
- Approved Utilization Plans for Standby Remedial Contracts - This listing includes Utilization Plans approved since February 1, 2011 for current standby remedial contracts and the proposed participation of M/WBE subcontractors for each contract.
- Approved Utilization Plans - This listing includes Utilization Plans approved since February 1, 2011 and the proposed participation of M/WBE subcontractors for each contract.