1. Implementing the MWBE Program for the Aviation Capital Grant Program

2. Through Governor Cuomo’s Airport Capital Grant Program, the New York State Department of Transportation has made available up to $20 million for New York’s public-use airports. These projects will be one hundred percent state funded, and will address critical infrastructure needs and enhance economic competitiveness throughout the State.
The Department is also committed to the implementation of New York State Executive Law Article 15-A which governs requirements for the participation of minority and women owned businesses (MWBEs) in State contracting.

3. Presentation Agenda Role of the Office of Civil Rights
MWBE Goals on State Funded Projects
Goal Waivers and Exclusions
Major Legislative Changes
State MWBE reporting requirements
Resources
Understanding the Minority, and Women Owned Business (M/W/BE) program and the recent changes to the program is an important step in complying with NYSDOT diversity programs that are found in the Aviation Capital Grant Program contracts. This presentation will cover:

4. Role of the Office of Civil Rights
The Office of Civil Rights (OCR) is responsible for the implementation of Article 15-A, the MWBE program, in addition to the following programs:
Federal Disadvantaged Business Enterprise Program (DBE)
Service Disabled Veteran Owned Business Program (SDVOB)
Title VI, Americans With Disabilities Act, and Limited English Proficiency Programs
The Department is responsible for ensuring that all state statutes and regulations are followed.

5. Role of the Office of Civil Rights
With respect to the MWBE Program, the Office of Civil Rights serves as a liaison between NYSDOT program areas, regions, and sub-recipients (airport sponsors).

6. Region, Program Area, and Local Program Compliance
Perform Contract Compliance
Monitor Contract and Program Compliance
Oversight: Statewide MWBE Program
OCR
Program Areas/Regions/Sponsors
Contractors

7. Role of the Office of Civil Rights
Our activities include:
Providing program training and guidance to NYSDOT staff , regions, and sub-recipients
Reviewing Good Faith Effort activities
Reviewing and submitting goal waiver requests
Developing procurement strategies with specific program areas (construction, purchasing, contracts) to maximize opportunities to reach MWBE goals
Assisting with MWBE solicitation campaigns
Attending outreach events with contractors and subcontractors to share information on upcoming contracting opportunities, and to promote NYSDOT programs and services

8. MWBE GOALS on 100% State Funded Contracts
All program areas and sub-recipients are responsible for placing goals
on 100% State funded contracts. This requirement applies to :
Professional and nonprofessional services (Consultant Agreements)
Construction Contracts
Discretionary purchases
While the statewide goal remains 30%, the MWBE regulations
require agencies to establish agency specific goals . For the current
fiscal year, the Department’s goal for construction contracts is 25%.

10. MWBE GOALS on 100% State Funded Contracts
The rationale for the 25% goal is based upon an analysis which included:
Consideration as to whether geographic location is material to completion of the contracts
Scope of work
Dollar value of work compared to dollar value of actual subcontracting opportunities
Ability and availability of MWBE firms to perform work
Historic utilization

11. Waivers and Exclusions
If a contractor cannot, after a good faith effort, comply with the MWBE participation requirements, the contractor should submit request for waivers to the program area (Aviation) and the program area should submit to OCR for concurrence and submission to the Executive Chamber

12. MWBE Waiver
A waiver is a request for a reduced goal and should include:
A written application requesting a partial or total waiver of requirements
An explanation of the efforts undertaken
A copy of the solicitation log
A copy of the utilization plan

13. MWBE Exclusion
An exclusion is when a contract has a 0% goal and a written application requesting an exclusion should include:
An explanation of the efforts undertaken
A copy of the solicitation log
A copy of the search results from the MWBE Directory

15. APPENDIX B of State and Local Agreement
Appendix B of the agreement outlines the recommended goals and the recipient’s responsibilities and commitment to disadvantaged, minority and women owned business enterprise programs and to equal employment opportunity.

16. Significant changes MWBE Program
In July of this year the Governor signed legislation that expanded and extended the MWBE program. Many provisions of the legislation simply codified current reporting practices. However the following provisions could have significant impacts on the program.
Personal Net Worth threshold increased from $3.5 million to $15 million.
Places greater emphasis on Commercially Useful Function for crediting

17. Significant changes MWBE Program
Extends MWBE certification to 5 years
Requires contract level goal setting
Requires Agencies to notify MWBEs who are identified on winning contractor’s Utilization Plan.
Increases discretionary spending authority (without formal competitive bid) from $200k to $500k
Creates a Workforce Diversity Program
Extends program to 2024.

18. Significant Changes MWBE Program
Places in statute the following reporting requirements:
Total State spend
Total MWBE Utilization
Dollar value of prime contracts to MWBEs and SDVOBs
Waivers and Exclusions approved

19. State MWBE Reporting Requirements
NYSDOT uses EBO to monitor the activity on contracts and track information needed for reporting requirements. The benefits of EBO are:
internet based software program
paperless reporting
allows all stakeholders to continuously monitor a contract and to maintain all contract alterations (increases, decreases, new order on-contract information, etc.)
tracks contract changes
applies to all federal and state contracts
Contact your NYSDOT liaison to get assistance with accessing EBO

20. HELPFUL LINKS
FORMS:
bureau/multi-modal/forms
REGISTRIES:
DISADVANTAGED BUSINESS ENTERPRISE (DBE) Registry
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE (M/WBE)

21. RESOURCES
Empire State Development MWBE Homepage -
NYS Executive Law 15-a -
NYS MWBE Certified Directory –
EBO System Training – Username & Password is NYSDOT-MAINOFFICE

22. Questions?