It is the policy of the University to ensure that MWBEs, as defined in Article 15-A, have an equal opportunity to receive and participate in University procurement for materials, supplies, equipment, construction, construction-related services and services (including printing). This page offers guidance to vendors, contractors and consultants in meeting MWBE goals which assists the campus in complying with Federal Equal Employment Opportunity Act of 1972 (P.L. 92-261), NYS Executive Law Article 15-A, 5 NYCRR Part 140 and University MWBE policy (Procedure Item 7556) when doing business with Fredonia.
What are good faith efforts?
- In meeting utilization requirements, the use of Teaming Agreements is encouraged whereby two or more parties, one of which is a certified MWBE, combine resources to accomplish requirements of a specific state contract (if awarded the contract). This type of arrangement may be achieved through a joint venture, prime-subcontractor relationship, or other similar arrangement and must be made part of the bid/qualification package in order to be recognized. While this type of arrangement may assist a smaller business to gain access to government procurement that it may otherwise be denied, the larger contractor may achieve greater control over its costs and more certainty through a pre-bid teaming agreement. Guidance on developing Teaming Agreements may be obtained through the Small Business Administration.
- Pre-bid advertisements should be placed in publications geographically located within a reasonable distance to the project.
- Contractors should use up-to-date resources for identifying MWBEs. A directory of Certified Minority and Women-Owned Business Enterprises is located on the internet. Search the NYS MWBE Directory of NYS-Certified Minority- and Women-Owned Businesses. Reach out to NYS MWBE RESOURCE ORGANIZATIONS
- Direct and specific outreach and solicitation to MWBEs tends to be one of the more successful efforts. This effort can open lines of communication with otherwise unfamiliar contractors.
- Efforts should be made to make plans available to MWBEs as access to plans and specifications are sometimes difficult for MWBE contractors who do not have membership in associations with plan rooms. For construction projects and for those MWBEs with online capabilities, direct them to the STBA website provided on the Notice to Bidders Page of your project manual. Also provide them with the password which will allow them to view the specification documents free of charge.
- Major trade subcontractors should be included in plan development. Goal attainment is most successful when there is cooperation from major subcontractors to provide opportunities for MWBEs on portions of work they intend to subcontract or for the purchase of materials and equipment.
- For major projects, the division of work may be too large for small subcontractors to handle. Contractors should be creative by providing, where practical, opportunities for smaller portions of work.
- Contractors should recognize the difficulty some MWBEs may experience in obtaining bonding. Contractors may be supportive by giving consideration to waiving or modifying bonding requirements through the scope of work.
- All contractors are aware of the need for prompt payments. Contractors are required to remit payment to subcontractors after receiving payment. Even so, this may present a hardship for MWBEs regular progress payments. Assistance with supplier credit and other creative financing methods may be beneficial.
*** Please be sure to maintain records of efforts during plan development. Such documentation may be required to support plan approval before contract award. Such documentation WILL be required to support MWBE waivers if required.
VENDOR/CONTRACTOR/CONSULTANT FORMS
7557-101 - M/WBE Contractor Solicitation Letter
7557-102 - M/WBE Participation Quote
7557-103 - M/WBE Contractor Unavailability Certification
7557-104 - MWBE-EEO Policy Statement
7557-105 - M/WBE-EEO Work Plan
7557-106 - Contract Breakdown and Sample
7557-107 - MWBE Utilization Plan
7557-111 - Monthly MWBE Compliance Report
7557-113 - Quarterly MWBE Compliance Report
7557-114 - Request for Waiver
7557-15 - Sub-Consultant Staffing List - Architecture and Engineering
7555-16 - Sub-Consultant Staffing List - Construction Management
7555-17 - Sub-Consultant Staffing List - Commissioning