Specifications

New York State Office of General Services
Solicitation Number 1767 Integrated Facility Management
Page 43 of 54
of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned
Business Enterprises: Evidence from New York" (―Disparity Study‖). The report found evidence of
statistically significant disparities between the level of participation of minority and women-owned
business enterprises in state procurement contracting versus the number of minority and women-owned
business enterprises that were ready, willing and able to participate in state procurements. As a result of
these findings, the Disparity Study made recommendations concerning the implementation and operation
of the statewide certified minority and women-owned business enterprises program. The
recommendations from the Disparity Study culminated in the enactment and the implementation of New
York State Executive Law Article 15-A, which requires, among other things, that OGS establishes goals
for maximum feasible participation of New York State Certified minority and women–owned business
enterprises (―MWBE‖) and the employment of minority groups members and women in the performance
of New York State contracts.
Business Participation Opportunities for MWBEs
For purposes of this solicitation, OGS hereby establishes an overall goal of 20% for MWBE participation,
10% for Minority-Owned Business Enterprises (―MBE‖) participation and 10% for Women-Owned
Business Enterprises (―WBE‖) participation (based on the current availability of qualified MBEs and
WBEs). A contractor (―Contractor‖) on the subject contract (―Contract‖) must document good faith efforts
to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the
Contract and Contractor agrees that OGS may withhold payment pending receipt of the required MWBE
documentation. The directory of New York State Certified MWBEs can be viewed at:
http://www.esd.ny.gov/mwbe.html.
For guidance on how OGS will determine a Contractor‘s ―good faith efforts,‖ refer to 5 NYCRR §142.8.
In accordance with 5 NYCRR §142.13, Contractor acknowledges that if it is found to have willfully and
intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding
constitutes a breach of Contract and OGS may withhold payment from the Contractor as liquidated
damages.
Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums
identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all
sums actually paid to MWBEs for work performed or materials supplied under the Contract.
By submitting a bid or proposal, a bidder on the Contract (―Bidder‖) agrees to submit the following
documents and information as evidence of compliance with the foregoing:
A. Bidders are required to submit a MWBE Utilization Plan on Form #MWBE 100 with the bid or
proposal. The Utilization Plan shall list the MWBEs the Contractor intends to use to perform the
State contract and a description of the Contract scope of work that the Contractor intends to
structure to meet the goals on the State contract, and the estimated or, if known, actual dollar
amounts to be paid to and performance dates of each component of a State Contract that the
Contractor intends to be performed by a NYS Certified minority or woman-owned business. Any
modifications or changes to the agreed participation by NYS Certified MWBEs set forth in the
Utilization Plan submitted with the bid or proposal, after the Contract award and during the term of
the Contract, must be reported on a revised MWBE Utilization Plan and submitted to OGS.
B. OGS will review the submitted MWBE Utilization Plan and advise the Bidder of OGS‘ acceptance
or issue a notice of deficiency within 20 days of receipt.
C. If a notice of deficiency is issued, Bidder agrees that it shall respond to the notice of deficiency
within seven (7) business days of receipt by submitting to OGS a written remedy in response to
the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to
be inadequate, OGS shall notify the Bidder and direct the Bidder to submit, within five (5)
business days, a request for a partial or total waiver of MWBE participation goals on Form #BDC
333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the
bid or proposal.