An MBE contractor must still meet the WBE requirement, and vice versa. For each procurement, the designated Minority Business Enterprise Officer is responsible for ensuring that the completed detailed MWBE Utilization Plan (PDF) from the Prime Contractor is submitted prior to award of the contract. without the M/WBE prior written consent. work under the contract as the M/WBE that was terminated, to the extent needed to meet the contract goal the County established for the procurement. New York State Executive Law Article 15-A and state regulations (5 NYCRR Parts 140-144) require that all state agencies promote opportunities for certified Minority and Women-Owned Business Enterprises (MWBE) and the employment of minority group members and women. This includes, but is not limited to, instances in which a prime contractor seeks to perform work originally designated for an M/WBE
The County must require that a prime contractor not terminate an M/WBE subcontractor listed in response to paragraph of this section (or an approved substitute M/WBE firm)
Publicly owned businesses may also qualify, but minorities or women must control more than 50 percent of the stock offerings. For purposes of this section, good cause includes, not limited to the following circumstances: The listed M/WBE subcontractor fails or refuses to execute a written contract; The listed M/WBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Qualify as an MBE/WBE/IVOSB for purchasing by casinos and state universities, as well as other public and private organizations Qualifications for Certification To qualify as a minority, women or veteran owned business, a firm must be 51 percent owned by qualifying minorities, women and veterans who: subcontractor with its own forces or those of an affiliate, a non-M/WBE firm, or with another M/WBE firm. The minimum requirements to qualify as a WBE with the Women’s Business Enterprise National Council (WBENC) or a WBE program administered by a city, county or state are: A for-profit business located in the United States; action of the prime contractor; The listed M/WBE subcontractor fails or refuses to meet the prime contractor's reasonable, nondiscriminatory bond requirements. the contract, provide the Bidder/Proponent an opportunity for administrative reconsideration.
The County's decision on reconsideration must be made by an official who did not take part in the original determination that the Bidder/Proponent failed to meet the goal
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