Article 15-A of the NYS Executive law was enacted on July 19, 1988 to promote equality of economic opportunities for MWBEs and to eliminate barriers to their participation in state contracting. New York State’s Goal for MWBE State Contracting is 30 percent.
The MWBE requirement applies to contracts, including grants, with value over:
$25,000 for commodities and services
$100,000 for construction
Under 5 NYCRR §142.8, DOS contractors are required to make “good faith efforts (GFE)” to provide meaningful participation to MWBEs as subcontractors or suppliers in the performance of their contracts. Specific MWBE goals for each contract may be found in the specific solicitation document on the Grant/Funding/Bid Opportunities page.
Please refer to the specific solicitation document for guidance on which forms must be completed:Form A: MWBE-EEO Policy Statement
Form B: Staffing Plan for contract over $250,000
Form C: Quarterly Workforce Utilization for Grantees
Instructions: Workforce Utilization Form for Vendors
Form D: MWBE utilization Plan
Form D-1: Compliance Certification Letter
Form E: Waiver Request*
Form F: Quarterly MWBE utilization
*A waiver request can be submitted if there are no opportunities for MWBE participation or to demonstrate the good faith efforts made to meet the goals. Contractors who would like to request an MWBE waiver should reach out to their DOS Program Manager for assistance.
MWBE Program at DOS
518-474-2754 / email@example.com
Empire State Development Division of Minority and Women Business Development
855-373-4692 / firstname.lastname@example.org
Empire State Development Certification Unit
212-803-2414 / email@example.com