Appendix MWBE-1 - MWBE EEO Policy Statement.pdf
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- Attached to
- Copado DevOps Platform
- Solicitation number
- 2137801
- Issued by
- Albany County, Albany City, New York
About this file
This is an MWBE Equal Employment Opportunity (EEO) Policy Statement issued by the New York State Department of Labor for state-funded projects. The document establishes mandatory policies and procedures that awardees, contractors, and subcontractors must adopt to achieve Minority and Women-Owned Business Enterprise (MWBE) participation goals. Key requirements include actively soliciting bids from State-certified MBEs and WBEs, requesting certified lists from the contracting agency, providing sufficient time for document review, dividing work into smaller portions where feasible to enhance MWBE participation, and maintaining detailed records of all bid solicitations and subcontractor actions toward meeting participation goals. Additionally, contractors must ensure timely progress payments to MWBEs and waive or provide alternatives to bonding and credit requirements where legally permissible to encourage their participation.
The policy establishes specific MWBE contract participation goals of 30 percent overall, with 15 percent designated for MBE participation and 15 percent for WBE participation. Contractors must also comply with comprehensive non-discrimination and equal employment opportunity requirements under New York State Human Rights Law and federal statutory provisions, prohibiting discrimination based on race, creed, color, national origin, sex, age, disability, marital status, sexual orientation, military status, genetic characteristics, prior criminal conviction, prior arrest, and domestic violence victim status. All non-discrimination provisions must be included in subcontracts to ensure binding compliance throughout the project execution.
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(Rev. 09-16) Page 1 of 1
New York State Department of Labor
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES (MWBE)
EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICY STATEMENT
By signing and submitting this Policy Statement, the below noted awardee/contractor/organization (authorized representative) agrees to adopt the following policies with respect to the project/program/product being developed or services rendered at the New York State Department of Labor.
This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M/WBE contract participations goals set by the State for that area in which the State-funded project is located, by taking the following steps:
(1) Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations.
(2) Request a list of State-certified M/WBEs from AGENCY and solicit bids from them directly.
(3) Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs.
(4) Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation.
(5) Document and maintain records of bid solicitation, including those to M/WBEs and the results thereof. The Contractor will also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals.
(6) Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, and that, if legally permissible, bonding and other credit requirements are waived or appropriate alternatives developed to encourage M/WBE participation.
(a) This organization will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or martial status, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on state contracts.
(b) This organization shall state in all solicitation or advertisements for employees that in the performance of the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status.
(c) At the request of the contracting agency, this organization shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or martial status and that such union or representative will affirmatively cooperate in the implementation of this organization’s obligations herein.
(d) The Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. The Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristics, marital status, or domestic violence victims status, and shall also follow the requirements of the Human Rights Law with regards to non-discrimination on the basis of prior criminal conviction or prior arrest.
(e) This organization will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the State contract.
M/WBE Contract Goals % MWBE Participation
% MBE Participation
% WBE Participation
Agreed to this day of , 20_
Name of Awardee/Contractor/Organization:
MWBE Liaison/Authorized Representative’s Signature:
Print Name: Title:
M/WBE EEO
Appendix MWBE-1
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