Getting Started: Good Faith Efforts for New York contracts with MBE & WBE subcontracting goals

NY News - Published Aug 13, 2014

Companies bidding on State of New York (NYS) contracts may be required to meet minority and women businesses (MBE and WBE) set-asides on contracts or make a good faith effort to meet the set-asides. As part of the good faith effort requirement, contractors must advertise subcontracting and supplier opportunities to New York's (NY) MBE and WBE community. 

The most common good faith effort steps required of prime bidders include:

Contact the contract's awarding agency for assistance in identifying certified NYS MBE and WBE firms that may be interested in subcontracting, supplying, or vendor opportunities on the contract; Contact other government agencies and non-governmental assistance organizations for assistance in identifying interested NYS MBE and WBE firms; Advertise NYS MBE and WBE subcontracting and/or supplier opportunities on the contract in local papers, trade papers, focus papers, and other pertinent publications; Solicit NYS MBE and WBE firms with invitations to bid delivered by fax and email. Some agencies require the invitations to bid be delivered by certified mail and others, in addition to written solicitations, require telephone solicitations. Consider in good faith all NYS MBE and WBE firms that expressed interest in the sub-bid opportunities.

Prime bidders that do not reach out to NYS MBE and WBE firms on contracts that set forth MBE and WBE participation goals may have their bid thrown out. 

It is important to note that the specifics of the good faith effort may vary from agency to agency. The above summary is intended as a general guide and bidders are strongly encouraged to consult their bid documents before proceeding with their good faith effort for NYS MBE and WBE firms.