December 11, 2024

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Minority and Women-owned Business Enterprises (MWBE)

Minority and Women-owned Business Enterprises (MWBE)

Upstate NY MWBE Conference was held May 8-10, 2024

Rochester’s 2nd annual Upstate MWBE Conference is to be held May 8th through 10th to help minority and women business owners learn how they can compete for government contracts.

MWBE stands for Minority and Woman-Owned Business Enterprise

MWBE is a federal program administered through each state. Each state individually establishes its certification program and requirements.  

The City of Rochester has committed itself to providing opportunities for MWBE businesses to participate in and become an integral part of the City’s procurement process. The City’s MWBE Policy makes Rochester the only city in New York State that has imparted a four-pronged approach to increasing purchasing power to minorities and women.  

City of Rochester MWBE Directory

The City of Rochester’s MWBE Purchasing policy is governed by City Ordinance 2018-54.  

To implement the goals outlined in City Ordinance 2018-54, the City has implemented the 2019 MWBE Workforce Goals Administrative Regulations and Procedures. 

City goals have been set for each of the following areas:

  1.  Public Works Construction Projects>> 
  2.  Public Works Consultants>>
  3.  Professional Services Consultants>>
  4.  Commodities – Goods and Services Purchasing Contracts>> 

Public Works Construction Projects

Aggregate Annual Spending Goal 30 percent: 20 percent Minority Owned Firms and 10 percent Women Owned Firms 

The City of Rochester utilizes MWBEs on all city-funded public works projects. Public works fall under two categories: street construction and general/building construction. 

 If a contract award is $50,000 or less, the Minority and Women Business Enterprise Goal may be a simple award composite goal of 30 percent fulfillable by any single MWBE firm, or group of MWBE firms. 

Contracts requiring material or supply purchases have special requirements:

Manufacturer’s Representatives – Only those firms licensed/certified as a Manufacturer’s Rep, and confirmed by Empire State Development as such, will be allowed to claim 100 percent of MWBE utilization provided there is also labor performed.

Supplier – The City will allow suppliers to be used to fulfill MWBE requirements, provided their Empire State Development certification denotes them as a supplier. Supplier contracts will be given 60 percent credit toward MWBE utilization.

The City will not allow any brokered services to fulfill MWBE requirements.

Public Works Consulting Projects

Aggregate Annual Spending Goal 30 percent: 15 percent Minority Owned Firms and 15 percent Women Owned Firms.

The City uses engineering and architectural firms to provide consulting services on every public works project. Requests for Proposals (RFPs) are sent to MWBE-certified and non-MWBE-certified engineering and architectural firms to compete for these term contracts. The terms of the contracts can be from one to three years in duration. Once hired, these consultants may provide design services, serve as Resident Professional Representatives (RPRs), etc. 

When evaluating proposals for Public Works Consulting Projects, MWBE businesses, and businesses located in the City of Rochester can receive additional weighting rates. 

Responding Company  Weight Awarded
Prime Contractor is an MWBE firm 10 percent
Prime Contractor uses 10-20 percent MWBE Subcontractors 5 percent
Prime Contractor uses more than 20 percent of MWBE Subcontractors  10 percent

Professional Services Consulting Projects

Aggregate Annual Spending Goal 30 percent: 15 percent Minority Owned Firms and 15 percent Women Owned Firms    

Professional Service Agreements are contracts for services provided by individuals or organizations with special licenses, technical skills, training, or expertise and where the nature of the services provided is difficult to specify in a competitive bidding document. When a Professional Service Agreement is needed, the City department requiring the services will issue an RFP, review proposals, and recommend a selection to the Mayor. City Council approval is required for Agreements over $10,000. 

When evaluating proposals for Professional Services Consulting Projects, MWBE businesses, and businesses located in the City of Rochester can receive additional weighting rates. 

Responding Company  Weight Awarded
Prime Contractor is an MWBE firm 10 percent
Prime Contractor uses 10-20 percent MWBE Subcontractors 5 percent
Prime Contractor uses more than 20 percent of MWBE Subcontractors  10 percent

Commodities: Goods and Services Contracts

  • Aggregate Annual Spending Goals: 
  • 2018-2019 Fiscal Year, 10 percent: 5 percent Minority Owned Firms and 5 percent Women Owned Firms
  • 2019-2020 Fiscal Year, 20 percent: 10 percent Minority Owned Firms and 10 percent Women Owned Firms 
  • 2020-2021 Fiscal Year, 30 percent: 15 percent Minority Owned Firms and 15 percent Women Owned Firms

These goals will be phased in over 3 years until 2021, after which the goals will remain at 30 percent total. The City of Rochester purchases goods and services by soliciting competitive bids through formal advertisements and/or requests for quotations (RFQ). The bids are awarded to the bidder(s) who submits the lowest price, is responsive (offers what the City wants to purchase), and is responsible (has the resources, experience, etc. to be able to perform the contract). 

Other Business Opportunities

In addition to working with certified MWBEs in the public works arena, the City also has opportunities for MWBEs to work on a myriad of economic development projects through the Department of Neighborhood and Business Development (NBD). The City uses certified MWBE firms to fulfill New York State Grantor requirements for most of the City’s Economic Development projects. All state-certified MWBEs can be used to fulfill the state’s utilization goals for these projects. The utilization goals are typically 30 percent of the granted amount. All City Economic Development projects have workforce goals of 20 percent minority and 6.9 percent female.

Disadvantaged Business Enterprises (DBE)   

Disadvantaged Business Enterprise (DBE) is a federal designation and requires certification at the state level – generally through the state Uniform Certification Program (UCP). In New York, certification is administered through the Department of Transportation (DOT). The City of Rochester administers DBE contracts through funding from the federal government to NYSDOT. Many of the City’s street, highway, and bridge projects are funded with federal pass-through dollars given to NYSDOT. Because of the nature of the pass-through funding, all DBE plans are subject to DOT approvals and regulations.  

Small Business Enterprises   

A small business enterprise is any operation involved in providing goods or services with the anticipated outcome of earning a profit. Small businesses self-certify as SBEs. The City of Rochester uses small businesses to work on residential and business development grants. (i.e. water heater and furnace replacement projects or business facade grants.) The City is currently in the process of developing a Small Business Directory. Once established, the directory will be updated quarterly and be available on the City of Rochester’s Neighborhood and Business Development web page.   

Resources: Technical Assistance and Employment Opportunities

Business Directories

Forms for City Public Works Construction Contracts  

Forms for Professional Services Consulting Contracts

City Apprenticeship Program Forms 

Forms for New York State / Empire State Development Funded Projects

Questions? Need more information?

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