New York’s state contracts boast some of the most ambitious diversity goals in the nation, and are well recognized for their frequent utilization of Minority and/or Women-owned Business Enterprises, known as MWBEs,[1] with a set “goal” of over 30% MWBE participation. Construction companies, including contractors and subcontractors vying for lucrative state and city contracts, (and even organizations operating in other industries, such as tech companies) commonly agree to meet these goals during the bidding process, only to later find themselves the targets of government investigations that focus on the way companies have complied with the requirements. These high goals can make it difficult for well-intentioned contractors to comply, particularly in less populated areas of the state.
Mitigating fraud in the MWBE program has been a law enforcement focus for some time. In 2014, a New York County Grand Jury investigated activities of several prime contractors and subcontractors in the construction industry, ultimately finding that the companies committed fraud regarding to the government imposed MWBE goal requirements specified in the contracts. The Grand Jury found these acts violated criminal laws in addition to program regulations and found evidence of criminal conduct spanning at least a decade.
State agencies now require contractors to submit detailed utilization plans[2] for achieving contract goals for MWBEs performing commercially useful functions in relation to...
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