Contractor Responsibilities

The prime contractor:

  • Must use positive efforts to subcontract 7.5% of the value of the contract to certified MWBEs. 
  • Structures the job to accommodate the size and capabilities of available MWBE subcontractors.
  • Must contact MWBEs to invite them to bid on subcontracts. The contractor should refer to the MWBE Directory for the current list of certified MWBEs. The solicitation letter must be sent in a timely manner to allow MWBEs sufficient opportunity to develop quotes or proposals for the work described. All solicitation letters shall include the bid date and a response due date.
  • Negotiates an acceptable price with an MWBE whose proposal is deemed unreasonably high and is therefore rejected.
  • Submits a detailed MWBE Subcontractor Utilization Plan in the initial bid, including:
    1. The names of MWBEs intended to be used as subcontractors.
    2. A description of the work each is to perform.
    3. The dollar value of each proposed subcontract with an MWBE.
  • Submits a Labor Participation Plan with the initial bid. This plan should show minority and/or women labor performing 17.8% of the labor hours on the job. 
  • Informs the Albany MWBE Office of any changes in its MWBE participation plan.
  • Maintains documentation demonstrating good faith efforts to retain MWBEs.
  • Makes good faith efforts to replace an MWBE subcontractor that is unable to perform successfully with another MWBE.
  • Notifies the Albany MWBE Office of any suspected instances of companies fraudulently claiming MWBE status.
  • If possible, provides any needed technical assistance to MWBE subcontractors.
  • If possible, aids proposed MWBE subcontractors in obtaining necessary bonding.
  • Designs payment schedules to minimize cash-flow problems faced by MWBEs

Recordkeeping:

Contractors are requested to maintain accurate and complete records to reflect the name of the MWBE, individual contacted, description of the work to be done, quotation or proposal received (if any) and description of follow-up actions. In the event an interested MWBE will not be utilized, the record of contact with that firm should include an explanation of the reason(s) why the firm will not be used. All contractors and subcontractors are requested to maintain accurate and complete records to reflect efforts to obtain maximum minority and women labor utilization.

Contractors are required to maintain for three years such records as are necessary to determine compliance with their MWBE obligations and to submit regular Labor and MWBE Subcontractor Reports to enable the Albany MWBE Officer to monitor this compliance.


The MWBE contractor:

  • Is responsible for entering into all contractual agreements.
  • Arranges for and supervises contract performance.
  • Secures equipment, materials and crew (laborers) sufficient to complete projects.
  • Provides bonding insurance and collateral as required for surety in contract performance.
  • Authorizes payrolls, payments and reports as requested in routine compliance.
Recordkeeping:

The MWBE firm shall present financial records, when requested, including a certified copy of the two previous years' profit and loss statement and balance sheet.

The MWBE firm shall make available to the City of Albany all financial bookkeeping records for review and verification by the City, upon request. The City reserves the right to audit the operations of the MWBE firm for compliance verification and certification purposes.

Contract record: the MWBE shall have performed contracts in the trades area. Copies of such previous contracts shall be presented to the City in the MWBE applications materials or present credentials of training or work history.