Minority & Women Owned Business Enterprise (MWBE) Program
Procurement Compliance Coordinator
Minority and Women Owned Business Enterprise (MWBE) Program
At Farmingdale State College, it is our mission to promote equality of economic opportunities for Minority and Women Owned Business Enterprise’s. It is the policy of SUNY to ensure that MWBE’s, as defined in NYS Executive Law Article 15-A, have an equal opportunity to receive and participate in our procurements, including construction, construction related consultants, commodities and consultant/services. SUNY intends to accomplish this mission by fulfilling Governor Cuomo’s mandated statewide MWBE contract utilization goal of 30 percent. Through the implementation of SUNY Procurement Procedure 7557, SUNY intends to:
- Utilize firms who are certified by Empire State Development Corporation (ESDC) to participate on SUNY contracts as MWBEs;
- Create a level playing field on which MWBEs can compete fairly for College procurements;
- Ensure nondiscrimination in the award and administration of contracts;
- Assist to eradicate artificial barriers to the participation of MWBEs in State contracts.
This procedure applies to all procurements exceeding $25,000 for labor, services (including architectural and design services), supplies, equipment or materials, and for procurements exceeding $100,000 for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements.
MWBE’s can participate on Farmingdale projects as prime contractors and subcontractors, subconsultants or suppliers. For more information on how to do business with Farmingdale, or SUNY, go the How to do Business with SUNY web page, or visit the New York State Contract Reporter (NYSCR) for procurement opportunities advertised by SUNY. A statewide directory of MWBE vendors can be downloaded and/or searched on the OGS website.
Service-Disabled Veteran Owned Businesses (SDVOB) Procurement
Under NYS Executive Law Article 17-B:
State University of New York is required to ensure that Service-Disabled Veteran Owned Businesses (SDVOBs), certified by the New York State Office of General Services (OGS), have an equal opportunity to receive and participate in University procurements.
A service-disabled veteran is defined as:
- in the case of the United States Army, Navy, Air Force, Marines, Coast Guard, Army National Guard or Air National Guard and/or Reserves thereof, a veteran who received a compensation rating of ten percent or greater from the United States Department of Veterans Affairs or from the United States Department of Defense because of a service-connected disability incurred in the line of duty; and
- in the case of the New York guard or the New York naval militia and/or reserves thereof, a veteran who is certified by the New York State Division of Veterans' Affairs, pursuant to the appropriate provisions contained within the Code of Federal Regulations, as having incurred an injury equivalent to a compensation rating of ten percent or greater from the United States Department of Veterans Affairs or from the United States Department of Defense because of a service-connected disability incurred in the line of duty.
OGS maintains the Directory of NYS Certified SDVOBs. The Directory of NYS Certified SDVOBs is also posted on the OGS website.
Good Faith Efforts: The College's Responsibility
SUNY's policy and New York State Executive Laws Article 15-A and 17-B require campuses and the vendors whom they do business with to make a "good faith effort" toward the realization of SUNY's MWBE and SDVOB goals in its procurement of commodities and services.
A comprehensive "good faith effort" includes, but is not limited to, the following strategies:
- Strategic outreach to M/WBE and SDVOB organizations and advertisement in appropriate general circulation, trade and M/WBE and SDVOB oriented media.
- Request for bids/quotes must be made in timely manner by placing advertisements in the New York State Contract Reporter and mainstream media.
- Follow-up telephone calls/emails to MWBE and SDVOB vendors to encourage participation.
- Campuses should utilize their discretionary authority to increase their M/WBE and SDVOB participation.
- Campuses should match their local MWBE and SDVOB vendors to future procurement opportunities and notify these vendors of the opportunities.
The College is responsible for verifying documentation to demonstrate good faith efforts to obtain MWBE participation in State contracts to facilitate compliance with this obligation.
- Notice of Solicitation - advertisement in the New York State Contract Reporter and a minority-centric publication. In addition, utilization of the DMWBD database to contact New York State certified MWBE's.
- Documentation - copies of notice of solicitation indicating the MWBEs contacted and the responses received.
- Subcontracting Opportunities - require prime contractors to solicit MWBEs as subcontractors and provide information to the College detailing their outreach to MWBEs.
For a more detailed explanation of a good faith effort, please review SUNY Procedure 7557
Discretionary Buying Threshold for the MWBE Program - NYS Finance Law 163.6 (b)
As indicated in SUNY Procedures 7557 and 7553 (and consistent with NYS State Finance Law Section 163), where commodities or services are available from New York State certified M/WBEs, purchases may be made by the College in amounts not exceeding $200,000 without competitive bidding. However, the discretionary threshold to $200,000 does NOT apply to construction & construction-related services. The campuses are required to document in the procurement record support for both the reasonableness of the price and the selection of the vendor. Advertising requirements under NYS Economic Development Law still apply.
Elements of Good Faith Effort for Discretionary Procurements (not exceeding $200,000): Justification for the selection of an MWBE vendor may be supported by:
i. identifying the vendor is an MBE or WBE (this cannot be the sole justification)
ii. demonstrating reasonableness of price
iii. showing enhanced or additional value provided by the vendor
iv. noting the vendor is a NYS small business(if applicable)
When an MWBE submits a quote for a commodity or service for a discretionary procurement (not exceeding $200,000) and the quote is deemed high, the campus is encouraged to engage in direct negotiation with the MWBE firm in an attempt to reach reasonableness of price. Methods of establishing reasonableness of price include, but are not limited to, comparing the quoted price with the price for the same or similar services within the last six months, or comparing the price with other quoted prices.
Do you know which application options are applicable to your firm? You will find everything
you need to get started with your MWBE certification application on the Empire State
Developments Division of Minority and Women's Business Development (DMWBD) website.
The Small Business Development Center (SBDC) here on Farmingdale campus can help eligible
firms with their NYS MWBE Certification. Certification to become an MWBE is currently
taking between 9 to 12 months. Click the link below to be directed to the SBDC website
Empire State Development- Division of Minority and Women's Business Development (DMWBD)
The University-wide Minority and Women Owned Business Enterprise (MWBE) Program of the State University of New York
NYS M/WBE Directory- The DMWBD maintains a searchable listing of certified MWBEs. The search can be vendor specific, product specific or by market area. In order for the University and prime contractors to get MWBE credit, the MWBE business must be certified as an MWBE by the DMWBD
NYS Contract Reporter- Procurement opportunities advertised by SUNY
Utilization Plan- Prime Contractors must submit a Utilization Plan listing certified minority- and/or
women-owned business enterprises that the contractor intends to use in the performance
of a proposed State contract, or any components of the contract scope of work which
the contractor intends certified minority- and/or women-owned business enterprises
Quarterly MWBE Compliance Report- Compliance with established MWBE goals will be monitored during the life of the contract. At the end of each quarter, Contractors are required to submit a Quarterly MWBE Compliance Report to MWBE@farmingdale.edu.
Prospective Bidders Notice