Opportunities for minorities, women and veterans with service disabilities

The MTA and its agencies provide equal access to procurement and contracting opportunities to businesses that are owned by minorities, women, and veterans with service-related disabilities.

The MTA's Department of Diversity and Civil Rights, administers programs that encourage and assist such firms wishing to do business with us.

The Minority, Women-Owned Business Enterprise, and Service-Disabled Veteran-Owned Business (M/WBE/SDVOB) Program applies New York State guidelines, while the Disadvantaged Business Enterprise (DBE) Program applies federal guidelines for providing eligible firms with these opportunities.

MBE and WBE certification is governed by Article 15-A of the Executive Law. To be eligible for MBE or WBE certification, a firm must be a small business that is at least 51 percent owned, operated, and controlled by minority group members and/or women who are citizens or permanent residents of the United States. 

The ownership interest must be real, substantial, and continuing, and the qualifying owners must have and exercise the authority to independently control the day-to-day business decisions of the firm. The firm must also be authorized to do business in New York State. Generally, a business should be in operation for at least one year. Firms outside of New York State must first obtain certification in their home state and must additionally have a Certificate of Authority to do business in New York State prior to applying for M/WBE certification. 

Under Article 15-A, the following minority groups are recognized for MWBE certification: 

• Black persons having origins in any of the Black African racial groups. 
• Hispanic persons of Mexican, Puerto Rican, Dominican Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race; 
• Asian and Pacific Islander persons having origins in any of the Far East countries, Southeast Asia, the Indian subcontinent or the Pacific Islands, or; 
• Native American or Alaskan Native persons having origins in any of the original peoples of North America. 

Individuals qualifying a firm for MBE or WBE certification cannot have a personal net worth that exceeds $15 million after allowable deductions. 

DBE certification is governed by federal regulations found at 49 CFR Part 26. To be eligible for DBE certification, a firm must be a small business concern that is at least 51 percent owned and controlled by individuals who are citizens or permanent residents of the United States and who are also both socially and economically disadvantaged. 

Under the governing federal regulations, there is a rebuttable presumption that members of the following groups are socially and economically disadvantaged: Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian Americans, Women, and any additional groups whose members are designated as socially and economically disadvantaged by the U. S. Small Business Administration. To be economically disadvantaged an individual cannot have a personal net worth that exceeds $1.32 million. 

SDVOB certification is governed by Article 3 of the New York State Veterans’ Services Law.

To be eligible for SDVOB certification, a firm must: 

• Be independently owned and operated. 
• Have no more than 300 employees. 
• Have conducted business generally for at least one year prior to applying for certification. 
• Have at least 51 percent ownership by one or more service-disabled veterans with a service-connected disability rating of 10 percent or more from the U.S. Department of Veterans Affairs (or from the New York State Division of Veterans’ Affairs for National Guard veterans). 

Service-disabled veteran ownership must be real, substantial, and continuing. Eligible service-disabled veteran owner(s) must have and exercise authority to independently control the day-to-day business decisions. 

In addition, the business must qualify as a small business under the New York State program and be located in New York State or have a significant presence in the state. Get more information. 

No. 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 has mandatory state goals as an MBE or WBE, it must first obtain the appropriate certification from Empire State Development. 

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). And 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 Business Programs reviews certain 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 SVOB 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, which is used by agencies and contractors to identify M/WBE, DBE, or SDVOB 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. 

• 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 your firm's M/WBE certification will be listed in the Directory of Certified Minority and Women-Owned Business Enterprises, which is used by state agencies and contractors statewide.
• Certified SDVOB firms can be located at the New York State Office of General Services, Division of Service-Disabled Veterans' Business Development. 

Because state government has been mandated by the Governor and Legislature to provide greater opportunity for participation by M/WBEs and SDVOBs in state contracting, certification provides business owners an advantage when marketing goods and/or services to state agencies and authorities.