MWBE CERTIFICATION

 

NYBS is certified by New York State as a minority and/or women-owned business enterprise (MBE). Buying goods or services from NYBS can help your business meet the expenditure percentages required by state and/or federal contracts.  We are a provider of many essential and common discretionary non-personal service (NPS) budget items including computer and office equipment, supplies, printing services and IT.  Governor Cuomo has set MWBE participation in NYS contracting to 30% and M/WBE utilization plans are required for any bid, proposal or proposed negotiated government contract.

 

Meet your M/WBE goals and comply with Executive Law Article 15-A, Economic Development Law Article 4-A and 5NYCRR Parts 140-144, Rules and Regulations of the Minority and Women’s Business Development Program by working with NYBS.

 

Commodity Codes

NYBS Approved Commodity Codes

 

Code Description
NAICS 532420 Copier rental or leasing
NIGP 60000 OFFICE MACHINES, EQUIPMENT, AND ACCESSORIES
NIGP 60044 Copier Vending Machines, Accessories and Supplies
NIGP 93955 Multi-Function Office Machine Maintenance and Repair
NIGP 98558 Office Machines, Multi-Function, Rental or Lease
NIGP 98559 Office Machines, Equipment, and Accessories Rental or Lease (Not Otherwise Classified)

 

MWBE Key Points

 

Applicability of Article 15-A

  • State Vs. Federal Funding New York State requires that all contractors, including those with contracts that are 100% Federally-funded, comply fully with the M/WBE initiative.
  • NYS Certified Vs. Non-Certified M/WBEs

Only New York State Certified Minority-and Women-Owned Businesses can count towards participation goals.

 

NYBS is a New York State Certified Minority Owned Business Enterprise (MBE).

 

The information about the specific M/WBE participation goals is provided at several points in the process:

  • RFP, request for proposal, or IFB, invitation for bid
  • Contract award documents and correspondence
  • Renewal packages

 

Discretionary Spending Defined

 

Discretionary spending is defined as procurements, earmarked in the NPS (Non-Personal Service) section of the Budget, where the vendor has options as to who to select in order to solicit a service, product or commodity.

Discretionary purchasing also improves opportunities for M/WBE vendors to secure business with the state

  • Examples of budget items which are not considered discretionary are:
    • Personnel costs including fringe benefits
    • Rent
    • Utilities
    • Telephones
    • Travel expenses (administrative)
    • Postage
    • Administrative rates costs

Opportunities for Discretionary Spending

Common examples of common discretionary NPS budget items:

  • Program Supplies
  • Computer Equipment and Supplies**
  • Office Supplies**
  • Educational Supplies**
  • Art and Crafts Supplies
  • Recreational or Sports Equipment
  • Paper Products
  • Electronics & Accessories
  • Furniture
  • Printing Services**

 

** Available through NYBS

 

Other areas to be considered for discretion

In addition, the availability of M/WBEs to perform certain types of contractual services must be examined prior to entering into contractual relationships with non-M/WBEs.  Examples of the types of services that must be evaluated are:

  • Consultants for Provision of Program Services
  • Janitorial Services
  • Equipment Maintenance
  • Computer/IT Service**
  • Accounting Services
  • Insurance
  • Transportation Costs (program services)

 

** Available through NYBS

 

 Compliance

 

While New York has had great success in eliminating barriers to and expanding participation by MWBEs in state contracting, such efforts also pose enormous challenges to contractors who must ensure that they comply with the myriad guidelines and regulations that govern MWBE participation. The failure to comply with these regulations and guidelines can be catastrophic—firms have faced criminal prosecutions, fines, and debarment.

 

The public sector has also turned to private consulting firms to monitor MWBE compliance with federal, state, and local regulatory guidelines, employing industry experts including attorneys, investigators, forensic auditors, and professional research analysts who have extensive experience in investigating, detecting, and preventing MWBE fraud.

 

The work has resulted in successful criminal and civil actions against firms and individuals and has generated millions of dollars in recoveries and restitution. A growing number of public agencies, including the Port Authority of New York and New Jersey, the Office of the Inspector General of the Metropolitan Transportation Authority, the New York City Department of Investigations and the Governor’s Office of Storm Recovery are pursuing enforcing MWBE regulatory compliance. Now more than ever, it is crucial that firms have a robust compliance program in place.

 

 

Resources


Understanding M/WBE Compliance – NYC – OASAS – NY.gov

https://www.oasas.ny.gov/procurements/documents/MWBECompliance.pdf

 

Division of Minority and Women’s Business Development

https://esd.ny.gov/doing-business-ny/mwbe

 

MWBE Regulations

https://www1.nyc.gov/site/mocs/resources/mwbe-regulations.page

 

https://www.k2intelligence.com/en/insights/thought-leadership/new-yorks-30-mwbe-state-contracting-goal-is-the-highest-in-the-nation