Minority & Women-Owned Business Enterprise (MWBE)

The Minority and Women-owned Business Enterprise (MWBE) program has been implemented to encourage the participation of minority and women-owned businesses in state contracting opportunities. The MWBE Unit is responsible for ensuring that the New York State Department of Environmental Conservation (DEC) is in compliance with New York State Executive Law, Article 15A, as well as the rules and regulations set forth in 5NYCRR, Part 140-145.

Our Mission

Our mission is to assist the New York State Department of Environmental Conservation in championing diversity and inclusion, by ensuring compliance with Article 15A and promoting fair and equal opportunities for minority and women-owned businesses on state contracts.

Responsibilities of The MWBE Unit

Goal Setting

The DEC MWBE Unit reviews all contracts with an anticipated value in excess of $25,000 for labor and services, including but not limited to engineering, architecture, planning, IT, and other professional services, supplies, equipment, materials, or any combination of the preceding, and in excess of $100,000 for acquisition, construction, demolition, replacement, major repair or renovation of real property, and improvements. The Unit determines if there are adequate numbers of NYS certified MWBEs available, willing, and able to provide subcontracting and supply services on each contract. If there are adequate numbers, an MWBE participation goal is set for the contract. The DEC has established an agency-wide goal of 30% MWBE participation and reserves the right to establish MWBE participation goals for contracts having a value below the amounts identified above.

Reporting

The MWBE Unit compiles and prepares quarterly reports for Empire State Development (ESD), who oversees the DEC's performance results relative to MWBE participation goals. The Unit examines and interprets the data to identify opportunities and areas of enhancement.

Compliance Monitoring

The MWBE Unit tracks the performance of our contractors and vendors to ensure MWBE participation goals are being met and assist them with any challenges.

Outreach and Education

To increase awareness of the MWBE program, the MWBE Unit participates in conferences, meetings, and forums throughout the year. This serves to educate the public about the program and how to do business with the DEC and New York State.

Certified MWBEs & Finding Business Opportunities

Download the Doing Business With New York State Guide (PDF) to learn how New York State buys goods and services, and where to look for opportunities.

To receive email notifications of opportunities, register your business in the New York State Contract Reporter (NYSCR), 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. The MWBE Unit and the DEC Program Divisions will reach out to certified MWBE's. If you are interested in doing business with the DEC, please complete this form to submit your information directly to the MWBE Unit.

For assistance navigating the NYSCS MWBE directory please email [email protected].

Becoming NYS MWBE Certified

For details on certification, Empire State Development's Division of Minority and Women's Business Development (ESD DMWBD) regulates the MWBE Program and handles NYS MWBE certification process, approvals and renewals.

Only firms certified by ESD DMWBD can be utilized to meet MWBE participation goals on state contracts. If a firm is not certified as an MWBE by ESD DMWBD, they can still perform work on DEC contracts (provided they are legally able to do so in New York State). However, the amount paid to that firm will not count towards the MWBE goals on those contracts.

MWBE Reporting Requirements

Prime contractors have an obligation to provide various details regarding MWBE Utilization and Equal Opportunities throughout the term of the contract. Prior to contract execution, prime contractors must complete their Utilization Plan, EEO Policy Statement, and EEO Staffing Plan. Following contract execution, prime contractors must complete quarterly reports on contract (compliance) audits and workforce audits within the New York State Contracting System. It is the sole responsibility of the prime contractor to comply with all requirements under their executed contract.

Equal Employment Opportunity (EEO)

A contractor and/or subcontractor(s) shall comply with the NYS Executive Law Article 15-A and Equal Employment Opportunity (EEO) provisions and agree to not discriminate against any minority group member and women and to make an active effort to afford employment opportunities regardless of race, creed, color, national origin, sex, age, disability, or marital status.

MWBE Contract (Compliance) Audit Reporting

Contract or Compliance Audit Reports document the progress made towards the achievement of the MWBE contract goals. Contractors are responsible for submitting Compliance Audits to the New York State Contract System (NYSCS) each time they receive a payment.

Prime contractors will receive monthly MWBE compliance email notifications ("audit notices") directing them to log in to the NYSCS to report their subcontractor payments for the preceding month. The contractor must report even when no payments have been made to a subcontractor in a particular month with an entry of a zero-dollar value.

Workforce Audit (EEO) Quarterly Reporting

Workforce Audit (EEO) Quarterly Reports track the Race/Ethnic and Gender Identification of people assigned to work on a contract. Each contractor is responsible for submitting Workforce Audit (EEO) Quarterly Reports in the New York State Contract System (NYSCS) by the 10th day following the end of each quarter over the term of the contract.

• Q1 - April 1st - June 31st
• Q2 - July 1st - September 31st
• Q3 - October 1st - December 31st
• Q4 - January 1st - March 31st 

Grant contracts are exempt from EEO quarterly reporting, but still must submit an EEO Policy Statement and an EEO Staffing Plan as indicated above.

If the MWBE goal is Exempt, Excluded, or Waived, contractors must still submit a Quarterly Workforce EEO Audit Report.

These reporting obligations are to be fulfilled within the NYSCS. Further details regarding this site are provided below.

MWBE requirements are set by Executive Law Article 15-A and overseen by Empire State Development, while the SDVOB goals are set by Veteran's Services Law Article 3 and managed by the Office of General Services. As a result, these programs have separate goal requirements.

New York State Contracting System

As of May 1, 2022, the DEC has transitioned to the New York State Contract System (NYSCS) . This system replaced the PDF submission forms for MWBE Utilization Plans and MWBE Quarterly Reports. Contractors must use NYSCS for all MWBE payment reporting.

The NYSCS will notify contractors when to log in to review and record the details for the Compliance Audits.

Prime contractors are required to use the NYSCS to report payments made to their NYS certified MWBE subcontractors and/or subconsultants. As a Prime, they are required to log in to review and update certain specific information regarding payments to their Subcontractors, and contact information (name, address, phone, email) for their firm. They can also identify who in their firm should be the DEC's main point of contact for a specific contract.

Visit the NYSCS Account Look Up and follow the on-screen directions to look up your firm’s account and then access the secure System. If you already have an account, you may login and access your account here: New York State Contract System (NYSCS).

There is no cost to contractors to use the NYSCS or utilize training opportunities. If you require technical assistance during the login process or when using the system, please use the online support form or email: [email protected].

Visit the NYSCS Account Look Up and follow the on-screen directions to look up your firm’s account and then access the secure System. If you already have an account, you may login and access your account here (NYSCS).

Approved Utilization Plans

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

• State Fiscal Year 2024-2025 (PDF)

DBE Requirements

DEC receives federal funding for projects and procurements from several sources, including the U.S. Environmental Protection Agency (EPA). The EPA requires their fund recipients to set a Disadvantaged Business Enterprises (DBE) goal.

As guided by the EPA, the DEC reviewed the U.S. 2021 Economic Census, the most recent Census for which information is available, and determined the following Fair Share Objectives for DBE.

EPA funded contracts will have a DBE goal assigned, and it will take precedence over MWBE goals, the DBE percentages for each category as shown in the table above will be applied. These goals represent the percentages which the DEC will enact as “good faith” measures. 

Visit the New York State Unified Certification Program for the DBE Certified Directory Search and more information regarding DBE certification.