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Opportunities for Disadvantaged-, Minority-, and Women-Owned
Businesses

The MTA and its agencies provide disadvantaged-, minority-, and women-owned businesses with equal access to contracting opportunities. The MTA Office of Civil Rights, Division of Business Programs administers two programs that encourage and assist such firms wishing to do business with us. The Disadvantaged Business Enterprise (DBE) Program applies federal guidelines for providing eligible firms with these opportunities, and the Minority- and Women-Owned Business Enterprise (M/WBE) Program applies New York State guidelines.

 

Frequently Asked Questions about DBE and M/WBE

QWhat is the difference between a DBE and an M/WBE?

To become certified as a DBE under federal guidelines, a small business must be at least 51 percent owned and controlled by one or more “socially and economically disadvantaged” individuals. The management and daily operations of the business must also be conducted by such individuals. Federal regulations presume that the following groups are “socially and economically disadvantaged”: African Americans, Hispanic Americans, Portuguese Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, women, and any other individuals found to be socially and economically disadvantaged by the Small Business Administration (SBA).

To become certified under New York State regulations, an M/WBE must be a business enterprise (1) that is at least 51 percent owned by one or more women or minority group members; (2) in which such ownership is real, substantial, and continuing; (3) in which such ownership has and exercises the authority to independently control and operate the day-to-day decisions; (4) which is authorized to do business in New York State; and (5) which is independently owned and operated. The New York State definition of “minority group member” differs from the federal regulation in that it does not include Portuguese Americans and certain individuals considered to be socially and economically disadvantaged by the SBA.
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QDoes my firm have to be certified as a DBE or M/WBE to do business with the MTA?

No. Any business, no matter who owns it, may compete for any MTA headquarters or agency contract, either as a prime contractor or as a subcontractor, whether or not they are certified as a DBE or an M/WBE. However, if your firm is seeking to perform work on a contract as a DBE or an M/WBE, you must first obtain DBE or New York State M/WBE certification.
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QHow does DBE or M/WBE certification help my firm get MTA business?

The Division of Business Programs reviews certain contracts to determine whether they present opportunities for DBEs or M/WBEs. Based on federal and New York State guidelines, the Division may set goals for the participation of DBEs or M/WBEs on a contract, help the prime contractor find qualified DBE or M/WBE subcontractors, and monitor the performance of the prime contractor to ensure that it is using good faith efforts to meet participation goals.

When a contract is ready to bid, the Division of Business Programs identifies available qualified DBE and M/WBE firms and sends a list to the MTA or agency procurement department seeking bids. Those firms are placed on the list of potential prime contractors and subcontractors receiving requests to bid on the contract.
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QIn what other ways does DBE or M/WBE certification help my firm?

When the Division of Business Programs establishes a goal for DBE or M/WBE participation, prime contractors will seek to identify qualified DBE or M/WBE firms to meet contract goals. In general, those contractors will look for firms that have already been certified as DBEs or M/WBEs.

Being a certified DBE or M/WBE may also open the door to opportunities for growing your business by making it easier for you to market to MTA agencies and other governmental entities. You will also gain the advantage of having your business listed in the MTA Directory of Certified DBE Firms and the New York State Directory of Certified Minority- and Women-owned Business Enterprises. Prime contractors and other governmental entities use these directories to identify DBEs or M/WBEs for participation in their contracts. Certification also gives businesses access to a variety of technical assistance programs.
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QWhat are the criteria for obtaining certification?

The eligibility requirements for certification as a DBE by the MTA or M/WBE by New York State are similar. To be eligible for certification under either the federal or state program, your firm will be required to submit documentation showing it is an ongoing independent business enterprise that is owned, operated, and controlled by a “socially and economically disadvantaged” individual (for DBEs) or by a “minority group member” or a woman (for M/WBEs). Generally, your business should have been in operation for at least one year. 

If your business is not located in New York, you may wish to seek certification in your home state before applying for New York State certification. That certification may accelerate the MTA and the New York State certification process. You also need to have a certificate of authority to do business in New York State (available through the New York State Department of State).
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QWhat is the first step for a firm interested in becoming certified as a DBE or an M/WBE?

To seek MTA certification, you should contact the Division of Business Programs. The Division itself certifies eligible businesses pursuant to federal regulations. To seek M/WBE certification, contact the Empire State Development Corporation, the New York State agency that certifies eligible businesses.

Metropolitan Transportation Authority
Office of Civil Rights
2 Broadway, 16th Floor
New York, NY 10004
Phone: (646) 252-1363
Fax: (646) 252-1351

Empire State Development Corporation
30 South Pearl Street
Albany, NY 12245
Phone: (800) 782-8364
Fax: (518) 292-5803

633 Third Avenue
New York, NY 10017
Phone: (212) 803-2411
Fax: (212) 803-2459

Information is also available from . . .