December
WOMEN BUILDER’S COUNCIL
Public Policy Meeting Agenda, Virtual Meeting
December 18, 2024, 12 noon
Agenda
1. Formations of Subcommittees
2. Certification Issues
a. Working on Development of Issue List Based on Cases
b. Will seek to set up meetings with ESD, NYC after the first of the year
3. DBE Program Injunction and Litigation/Other State Actions
i. Mid-America Milling and Bagshaw commenced a lawsuit alleging the DBE program violates the equal protection clause of the US Constitution. Preliminary Injunction granted. Any State (now at 25) where either plaintiff has or wants to bid, the DBE goal gets set at 0% and contract can proceed on race neutral basis.
ii. Missouri Governor rescinds MWBE Goals by EO citing “legal concerns” MO had 10% MBE and 10% WBE set in 2015 for state agency purchases, met 5% MBE, 4% WBEhttps://www.usnews.com/news/us/articles/2024-10-29/missouri-governor-rescinds-purchasing-goals-order-for-businesses-owned-by-women-and-minorities
4. NAICS Code Size Standard/Personal Net Worth
i. WBC paper
ii. Mid-Tier Program viability
iii. FTE employees vs. Gross Revenues
5. Disparity Studies
i. NYS- https://esd.ny.gov/sites/default/files/media/document/State-of-New-York-Empire-State-Development-2024-Disparity-Study.pdf
1. Performed by MGT of America for period 4/1/2016 to 3/31/2022 in Construction, Construction Related Services, Non-Construction Related Services and Commodities
2. The study found statistical evidence of the presence of business discrimination against MWBEs in both the private and public sector within New York State’s marketplace. It also conducted qualitative and anecdotal evidence of discrimination.
ii. NYC
1. https://www.nyc.gov/assets/mwbe/business/pdf/NYC-Disparity-Study-Report-final-published-May-2018.pdf
2. Last published May 2018; Performed by MGT of America for period 7/1/2006 to 6/30/2015 in Construction, Construction Related Services, Non-Construction Related Services and Commodities
iii. NYC Comptroller
1. https://comptroller.nyc.gov/reports/annual-report-on-m-wbe-procurement-fy23-findings-and-recommendations/
2. M/WBEs accounted for only 5.3% of the value of all new City contracts and Purchase Orders (“POs”) registered in FY23, and just 9.8% of the narrower universe of City contracts and POs subject to M/WBE participation goals under LL 174. Similarly, M/WBEs received only 9.5% of the City’s total spending on prime contracts subject to LL 174 goals in FY23.
6. Corporate Transparency Act – Texas District Court stayed reporting requirement under the act and the DOJ appealed. CTA required Companies that meet the definition of “Reporting Company” can continue to report BOI information voluntarily. You should be aware because the penalties for not reporting or false reporting are steep.
7. New Business—Wishing everyone a good holiday and much prosperity in 2025!!
