M/WBE Goals & Reporting Responsibilities

The Department's Minority/Women's Business Programs Unit (M/WBE) has established Minority/Women's Business Enterprise and Equal Employment Opportunity goals by contract type and geographic locations. Construction contracts valued at $100,000 or more and service and commodity contracts valued at $25,000 or more are required to demonstrate good faith efforts to meet these goals. Revenue contracts do not require M/WBE goals; however, the appropriate EEO goals are still required.

The M/WBE Unit's conceptual approval is required on all contracts, loans, grants, application processes and projects financially assisted through NYSDEC. Appropriate M/WBE-EEO language and the correct M/WBE-EEO goals for state assistance contracts should be established during the application process approval phase and must be based on the work to be performed in each individual contract. The M/WBE Unit must be afforded the opportunity to review the application processes for State Assistance prior publication or submission to the Office of State Comptroller for approval.

The M/WBE-EEO goals are required to be placed on the entire project cost, not only on the State/Federal assistance being provided. All contracts that are funded with Federal monies are required to have M/WBE-EEO goals regardless of the expected value. The M/WBE-EEO goals are as follows:

Minority Business Enterprise (MBE) Participation Goals
	Location/Commodity Group	MBE Goals
New York City (Regions 1 & 2)	Construction	21.5%
	Construction Consultant	21.5%
	Commodities	18.8%
	Services / Technologies	18.8%
Upstate Region (Regions 3 - 9)	Construction	6.0%
	Construction Consultant	6.0%
	Commodities	8.8%
	Services / Technologies	8.8%

Women's Business Enterprise (WBE) Participation Goals
	Location/Commodity Group	WBE Goals
New York City (Regions 1 & 2)	Construction	13.7%
	Construction Consultant	13.7%
	Commodities	20.5%
	Services / Technologies	20.5%
Upstate Region (Regions 3 - 9)	Construction	6.0%
	Construction Consultant	6.0%
	Commodities	8.8%
	Services / Technologies	8.8%

Equal Employment Opportunity (EEO) Participation Goals
Location/Commodity Group	EEO Goals
EEO Minority Workforce Participation Goals	10.0%
EEO Female Workforce Participation Goals	10.0%

M/WBE Reporting Requirements

Once an application is approved, recipients of Federal/State assistance programs are required to implement a comprehensive M/WBE-EEO program and submit and M/WBE-EEO Work Plan (PDF, 1.07 Mb) with supporting documentation, for review and approval by the OMWBP.

For each contract of the project, the designated Minority Business Enterprise Officer is responsible for ensuring that the completed Detailed M/WBE-EEO Utilization Plan (PDF, 919 Kb) from the Prime Contractor is submitted to OMWBP ten days after the awarding of the contract. This form provides the OMWBP information as to who will be working on the project and if the goals assigned are attained.

The OMWBP also requires recipients of Federal/State assistance programs to submit Quarterly Reports (PDF, 1.07 Mb) detailing payments received by the Prime Contractor and payments made out to NYS Certified M/WBEs.

M/WBE Waiver of Goals
Contract Number	Contractor Name	Description/ Reason for Waiver	Start Date	End Date
C303423	Riverhead Foundation	Waiver granted based on contract being a sole source provider completing work with own employees (force account)	4/01/2007	3/31/2012
C303493	The Nature Conservancy	Waiver granted for highly specialized fire mgmt tasks, restoration and research/ no M/WBE availability.	4/01/2006	3/31/2011
C303408	City of Rome	Waiver (partial) granted (17,314) based on speciality work. The remainder of 11,000 will be expected to meet goals.	4/04/2007	3/31/2010
C303406	City of Rome	Waiver (partial) granted (18,910), based on no response to solicitation, and unreasonably high bid from lone response.Remainder of the goals expected to be met (3,250). Also, need ELAP Cert	4/04/2007	3/31/2010
C303404	City of Rome	Waiver (partial) granted (18,910) based on only one qualified response to the solicitation, bid unreasonably high for contract. Remainder of goals to be met (2,207) ELAP Cert. needed.	4/04/2007	3/31/2010
C303407	City of Rome	Waiver (partial) granted (23,056) based on only one qualified response to the solicitation, bid unreasonably high for contract. Remainder of goals to be met (2,850) ELAP Cert. needed.	4/04/2007	3/31/2010
C303403	City of Rome	Waiver (partial) granted (31,840) based on only one qualified response to the solicitation, bid unreasonably high for contract. Remainder of goals to be met (3,500) ELAP Cert. needed.	4/04/2007	3/31/2010