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MWBE Goals & Reporting Responsibilities

DEC has established Minority and Women-owned Business Enterprise (MWBE) goals for use when procuring goods or services. These goals reflect DEC'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.

A panel of 8 people seated on the stage with one speaker at the podium
NYS held a forum for businesses and potential
contractors on MWBE opportunities

New York State has an overall goal to increase MWBE participation in State contracting to 30%.

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 MWBE goals and must include the MWBE goals in the awarding document (contract or purchase order).

DEC's new goals will be used for all procurements/contracts advertised after January 1, 2015. The goals are as follows:

Minority and Women-owned Business Enterprise (M/WBE) Goals
Category MWBE Combined Goal
Commodities (Statewide): 30%
Non-Construction Services (Statewide): 30%
Construction (Statewide): 30%

DEC advertises its procurement opportunities in the New York State Contract Reporter (NYSCR), (leaves DEC website) 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 DEC contracting or purchasing opportunities and being added to potential bidders lists, please complete a Bidders List form (PDF).

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 MWBE-EEO language and the correct MWBE-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

For each procurement, the designated Minority Business Enterprise Officer is responsible for ensuring that the completed detailed MWBE Utilization Plan (PDF) from the Prime Contractor is submitted prior to award of the contract. This form identifies MWBE subcontractors and their participation in the contract.

Contracts that meet the established thresholds require contractors to submit Quarterly Reports (PDF) detailing payments made by the Prime Contractor to NYS Certified M/WBEs.

Waiver of Goal Requirements: DEC, after approval by the Governor's Office, 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 goal requirements of the State contract.

If you have any questions regarding the MWBE Goals and Reporting Responsibilities, please email us.

Approved Utilization Plans and Waivers

In accordance with Section 313.5(a) of the New York State Executive Law, Article 15-A, below are DEC's approved Utilization Plans and Waivers.

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