Article 15-A of the Executive Law, signed into law on July 19, 1988, authorized the creation of an Office (now Division) of Minority and Women's Business Development (DMWBD) to promote employment and business opportunities for minorities and women on state contracts. The mission of the DMWBD is “to promote equality of economic opportunities for MWBEs and to eliminate barriers to their participation in state contracts.”¹

Section 313 of the law requires contracting agencies to administer rules and regulations promulgated by DMWBD for implementing the program. Among other things, the rules:

1. Require contractors to submit a Minority and Women-Owned Business Enterprise (MWBE) utilization plan for each of their contracts that meets the applicable thresholds,
2. Require agencies to review these utilization plans for compliance and notify contractors of deficiencies, and
3. Allow contractors time to correct the noted deficiency and/or request a complete or partial waiver of compliance with goal requirements. Agencies must evaluate “good faith” attempts to comply in deciding whether to grant or deny waiver requests.

Executive Law Article 15-A, “Participation by Minority Group Members and Women with Respect to State Contracts” requires an agency to post on its website contractor utilization plans and any waivers of compliance approved by the agency.

Any questions regarding the requirements of Article 15-A should be directed to:

ESD Division of MWBD
(518) 292-5250

¹About Us. New York State Division of Minority and Women Business Development. Web. Copyright 2010. http://www.esd.ny.gov/MWBE.html (accessed August 22, 2011).

Guide to Financial Operations

REV. 03/19/2012