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Minority and Women's Business Enterprise (MWBE) Supplier Diversity Program

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Governor Andrew M. Cuomo issued an executive order establishing a team to explore ways to meet his goal of expanding minority- and women-owned business enterprise (MWBE) participation in state contracting to 20%. Current MWBE participation in the state's contracting and procurement process is at 9.2%. A disparity study commissioned in 2010 by the state Department of Economic Development identified numerous barriers that have impaired access by MWBE to state contracting. Governor Cuomo’s MWBE team is identifying ways to overcome these obstacles and enhance existing programs to spur participation.

 

In 2010, ITS exceeded it goal ahead of schedule, to increase the number of woman and minority-owned businesses participating in state technology procurements to 20% by the end of the year. As one of the largest buyers of IT products and services in New York State government, ITS continues to work closely with the other state agencies and New York State’s top IT vendors to continue improving MWBE participation in technology procurements.

 

2010 Business Diversification Act Proposed Regulations Article 15-A NYCRR Parts 140-145 (pdf)

2010 Disparity Study (pdf)

MWBE FAQs (pdf)

Doing Business with New York State (pdf)

NY Loves MWBE Division of Minority and Women-Owned Business Development (DMWBD) Website
Comprehensive Guide for Small Business Owners and Entrepreneurs (pdf)

New York Open For Business

 

Contact ITS Contracts & Procurement Office:
Phone: 518-474-4263
Fax: 518-474-6329
Email: mwbe@cio.ny.gov

In July of 1988, Article 15-A of the Executive Law was passed by the New York State Legislature. This legislation led to specific rules, regulations and procedures for minority and women-owned business enterprise (MWBE) participation in certain state contracts. The law is located at NYS Executive Law Article 15-A, and the regulations are located at 5 NYCRR Part 140.

 

ITS is required to implement the provisions of Article 15-A for all of its Contracts, which include written agreements or purchase orders, extensions, renewals and amendments: 

  1. in excess of $25,000 for labor, services, supplies, equipment, materials, or any combination of the foregoing and
  2. in excess of $100,000 for real property renovation and construction.

Initial Compliance

For all procurements in excess of $25,000 the Contractor must complete, sign and return the following forms to ITS:

  1. Certification of Good Faith Efforts to solicit the participation of MWBEs to meet these goals,
  2. MWBE Utilization Plan (MWBE 100),
  3. EEO Staffing Plan (EEO 100)

These forms must be submitted with any bid, proposal, or proposed negotiated contract or within a reasonable time thereafter, but prior to contract award. It is recommended that vendors submit draft versions of all compliance forms to mwbe@cio.ny.gov or fax to 518-474-6329 for review prior to final submission. This will allow ITS to review forms for accuracy and provide feedback for corrections as necessary.

 

Original signed (and notarized, when applicable) forms should be sent to the following:

 

(USPS Regular Mail Address)   (Parcel Post/Overnight/Courier Address)
Contracts and Procurement Office   Contracts and Procurement Office
NYS of Information Technology Services   NYS of Information Technology Services
State Capitol ESP OR Empire State Plaza Swan St.
PO Box 2062   Core 4, 2nd Floor
Albany, NY 12220-0062   Albany, NY 12223



Ongoing Compliance

During the term of the contract, Contractors must also:

  1. Submit a quarterly MWBE Contractor Compliance Report (MWBE 102), no later than the 15th day after the end of each quarter, in a format provided by ITS.
  2. Submit a Quarterly EEO - Work Force Employment Utilization/Compliance Report (EEO 101), no later than the 15th day after the end of each quarter, in a format provided by ITS.
  3. Continue to use best efforts to meet goals during the term of the contract

Failure to submit periodic reports, as required by the terms of your contract, may result in a delay in payment, finding of non-compliance, and/or termination of the contract. Monthly and Quarterly reports can be submitted via email, fax, or mail (originals not required).

MWBE FAQ

It is incumbent upon ITS to hold vendors accountable for demonstrating best efforts to achieve the agency goals. ITS wants vendors to be successful, and consistent with this commitment, the following resources are available to assist you in meeting the MWBE goals that have been set by ITS.

 

Searchable Database of MWBEs 

  • Empire State Development, the entity responsible for certifying MWBE's in New York State, maintains a searchable database on their Web site: MWBE Searchable Database

Alphabetical MWBE Lists 

  • NYS Office of General Services (OGS) maintains a listing of vendors who provide consulting services, with NYS certified Minority and Women-owned Businesses highlighted, at the following Web site: ogs.ny.gov/default.asp 
  • MWBE vendors who have identified themselves to ITS as being interested in partnering with larger companies are listed in the following document (PDF): NYS Certified MWBE's Contact List. Please note: This list contains information relating to vendors who qualify as a New York State Minority and Women-Owned Business entity. It is provided solely as a convenience to the users of this website. Appearance on this list is not a guarantee of work and New York State does not endorse, support, represent or guarantee any vendor.

Vendors are also reminded that in order to supply ITS with the products and services they are contracted for, they should utilize a wide variety of products and services from smaller vendors. MWBEs providing these services can be counted in your satisfaction of the goals established by ITS. An example of qualified services is included below:

 

-accounting services -advertising -travel services
-building maintenance -car rental -technical writing
-cleaning supplies -copying -training
-electrical services -furniture -tax preparation
-heating and cooling -janitorial services -shredding services
-office supplies -pest control -rubbish removal
-printing services -publishing -security