Instructions for Contractors MWBE Utilization Plan
Bidders are required to submit a Contractor’s MWBE Utilization Plan to the Development Authority of the North Country (Authority) as part of their bid/proposal. Failure to submit a Utilization Plan or to obtain an MWBE waiver could result in non-award of the contract. List only MBE/WBE firms certified by NYS through Empire State Division of Minority and Women’s Business Development. The use of non-certified firms that have submitted applications for certification but are not approved prior to completion of this contract are not acceptable for goal attainments.
Per 5NYCRR § 142.8,Contractors must document “good faith efforts” to provide meaningful participation by MWBEs as subcontractors or suppliers and ensure that the MWBE’s utilized under the contract perform commercially useful functions. The MWBE must be certified for the work that the contractor is proposing to use them for. Work outside the scope of the MWBE’s certification is not eligible for MWBE credit. The directory of NYS Certified MWBEs provides details of a company’s certification and can be viewed at copy of each MWBE’s NYS Certification may be downloaded from the site and must accompany the Utilization Plan.
If the MWBE is listed as a Broker on its NYS Certification for the supplies/service for which the contractor intends to use the MWBE, the allowable MWBE credit is limited to the amount of the MWBE’s fee or commission. Credit for purchases of supplies on a construction contract from a NYS Certified Supplier is limited to 60% of the price of the supplies.
1-Complete the Contractor’s name, address, email, telephone and Federal ID No.
2-Enter the Bid Date, Project ID# (from the IFB/RFP) and the dollar value of the bid/contract.
3-Enter the MBE/WBE percentage and the corresponding dollar value that the Contractor is proposing to utilize for the contract (This is not the goal percentage listed in the IFB/RFP) . The dollar amountslisted here should match the total dollar value of all the proposed MBE and WBE subcontractors listed on the Utilization Plan.
4-Complete the list of NYS ESD Certified MWBEs to be utilized with the Company Name, Address, Phone and Federal ID No of the certified firms.
5-Check whether the firm is a MBE or WBE. Check both boxes if they have dual certification.
6-Provide a detailed description of the services or supplies that each MWBE will provide. The service or supply performed by the MWBE must be consistent with the industry codes that the MWBE is certified to perform in order to get credit.
7-Enter the anticipated performance / purchase dates if known.
8-Enter the dollar value of each subcontractor/supplier contract.
9-Sign in the appropriate section and include the Name, Title, Email and Phone no. of the person completing the information.
10-All Plans will be reviewed by the Authority for approval.
Notes:
•A revised Utilization Plan must be submitted to the Authority for review and approval if any changes are made to any of the MWBE subcontractors/suppliers or contract amounts.
•An MWBE Request for Waiver Form must be completed and submitted for review and approval if the bidder is proposing less than the MBE or WBE goals stated in the IFB/RFP.