MBE and WBE certification overview
In New York State, Minority-Owned Business Enterprise (MBE) and Women-Owned Business Enterprise (WBE) certification is governed by Article 15-A of the Executive Law. The MWBE program is administered by Empire State Development’s Division of Minority and Women’s Business Development (DMWBD).
To qualify, a firm must:
- Be a small business at least 51% owned, operated, and controlled by minority group members and/or women who are U.S. citizens or permanent residents.
- Have ownership that is real, substantial, and ongoing, with qualifying owners making day-to-day business decisions.
- Be authorized to do business in New York State.
- Generally, have been in operation for at least one year.
For out-of-state firms: You must first be certified in your home state and have a New York State Certificate of Authority before applying.
Recognized minority groups under Article 15-A include:
- Black – Origins in any Black African racial group.
- Hispanic – Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of Indian or Hispanic origin, regardless of race.
- Asian and Pacific Islander – Origins in the Far East, Southeast Asia, the Indian subcontinent, or Pacific Islands.
- Native American or Alaskan Native – Origins in the original peoples of North America.
Financial eligibility: The qualifying owner’s personal net worth must not exceed $15 million after allowable deductions.
- For more information, visit the Division of Minority and Women’s Business Development (DMWBD)
- Visit the MWBE Directory
Useful information
Any business may compete for any MTA Headquarters or agency contract, either as a prime contractor or as a subcontractor, whether or not it is certified as an MBE, WBE, DBE, or SDVOB. However, if a firm is seeking to perform work on a contract that includes goals for MBE or WBE participation, it must be certified by Empire State Development in order for the firm’s participation to be counted towards goal attainment.
If a firm is seeking to perform work on a contract as a DBE, it must first obtain DBE certification from a certifying partner in the New York State Unified Certification Program (NYSUCP). If a firm is seeking to perform work on a contract as an SDVOB, it must first obtain certification from the New York State Office of General Services, Division of Service-Disabled Veterans’ Business Development.
The Division of Contract Compliance reviews contracts to determine whether they present opportunities for M/WBEs, DBEs, or SDVOBs. Based upon the funding source of contracts and the applicable federal regulation or New York State law, M/WBE, DBE, or SDVOB participation goals may be established on MTA contracts. Once M/WBE, DBE, or SDVOB contract goals have been established, only certified M/WBE, DBE, or SDVOB firms may be used to meet the M/WBE, DBE, or SDVOB participation goals.
M/WBE, DBE, or SDVOB certification status provides your business with the opportunity to be listed in an electronic directory of certified firms, used by agencies and contractors to identify firms for participation on contracts. Being a certified M/WBE, DBE, or SDVOB firm may also open the door to opportunities for growing your business by making it easier for you to market your firm to MTA agencies or other government entities throughout New York State.
- If your firm is certified as a DBE by the MTA or another Certifying Partner in the NYSUCP your DBE certification will be recognized and accepted by all agencies in New York State that require DBE certification. Additionally, your firm will be listed in the NYSUCP electronic directory.
- If your firm is certified as an MBE or WBE by Empire State Development your firm's M/WBE certification will be listed in the Directory of Certified Minority and Women-Owned Business Enterprises.
- Certified SDVOB firms can be located at the New York State Office of General Services, Division of Service-Disabled Veterans' Business Development.
The Governor and Legislature of the State of New York have issued a mandate to provide greater opportunity for participation by M/WBEs and SDVOBs in public contracting. Securing certification provides business owners an advantage when marketing goods and/or services to state agencies and authorities who are charged with meeting statewide goals.