Empire State Development. New York State Surety Bond Assistance Program and Other State Resources for Small Businesses

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1 Empire State Development New York State Surety Bond Assistance Program and Other State Resources for Small Businesses

2 Empire State Development Empire State Development (ESD) is New York State's lead economic development agency. The mission of Empire State Development (ESD) is to promote business investment and growth that leads to job creation and prosperous communities across New York State. Under the leadership of Governor Andrew Cuomo and ESD President, CEO & Commissioner Kenneth Adams, our economic development professionals stand ready to help you, no matter what sector of the economy you compete in and whether you re a small business, a MWBE-certified firm or an international company.

3 Division of Minority and Women Business Development New York s strength lies in the diversity, innovation and entrepreneurship of all its residents. By breaking down barriers to growth for MWBEs, we are putting that strength to work for all New Yorkers, building a more diverse and competitive business climate. Andrew M. Cuomo, Governor State of New York The mission of the Division of Minority and Women-Owned Business Development (DMWBD) is to promote equality of economic opportunities for MWBEs and to eliminate barriers to their participation in state contracts. We supplement New York State s economic leadership with information and resources that increase access to information and opportunities for minority and women-owned businesses throughout the State. Our key objectives: To review applications by businesses seeking certification as an MWBE and to maintain a directory of certified MWBEs. To encourage and assist state agencies that are engaged in contracting activities to award a fair share of state contracts to MWBEs. To promote the business development of MWBEs through education and outreach to agencies and MWBEs.

4 Minority & Women Owned Business Enterprise Business Development 2013 CONNECT FIRMS TO CONTRACTING OPPORTUNITIES Matchmaking Events Customized Bidders Lists BUILD THE BUSINESS CAPACITY OF CERTIFIED FIRMS Training & Technical Assistance Contact the MWBE Ombudsman Business Advisor : Yvette R. Hall at [email protected] CONNECTING FIRMS TO RESOURCES Access to Capital Employees HELP NAVIGATING STATE GOVERNMENT Permits/ Licensing Resolving Contract Issues

5 Selling to New York State New York State Contract Reporter The NYS Contract Reporter is the online source for NYS procurement opportunities. State agencies, authorities, and public benefit corporations, including SUNY/CUNY schools, must advertise procurements in the Contract Reporter. In addition, many counties and municipalities also advertise their procurements in the Contract Reporter. NYS Contract Reporter: Doing Business with New York State This comprehensive procurement guide is available on the Business First website. For additional resources, please visit:

6 Technical Assistance Programs Entrepreneurial Assistance Program (EAP) Provides instruction, training, technical assistance and support services to individuals who recently started their own business or are interested in starting their own business. The program s 24 EAP centers are strategically located throughout New York State. Ombudsman/Direct Business Assistance Provides business counseling services and helps entrepreneurs navigate NYS government and ESD small business programs. Division staff provide assistance around business planning, permitting, access to financing, and other services, either directly or through referrals to other providers. Small Business Development Center Network (SUNY) Through a network of 24 regional centers, the New York State Small Business Development Center delivers high quality business counseling and training to New Yorkers who want to start a business or improve the performance of an existing business.

7 Contact Information For information on other ESD small business programs visit Contact : [email protected] STATE-NY ( ) or

8 MWBE Certification and the New York State Contracting System

9 Participating in New York State Contracts As a Certified Minority and/or Woman-Owned Business, you are poised to take advantage of terrific opportunities in NYS Contracting. Although Certification is not a requirement for doing business with NYS, Governor Andrew Cuomo has set a goal of 20% participation for certified MWBE firms to take part in NYS Contracts. There are 7,600 certified firms in NYS at the present time. A common complaint among Prime Contractors is having difficulty finding qualified MWBE firms to bring in as subcontractors. THE TIME IS NOW! To become certified and participate in the $20 Billion in NYS Contracts that are awarded annually to companies doing business with NYS! DON T DELAY! Help is available through your local SBDCs, EAP Centers, and through other resources at the State and in your area. WE ARE HERE TO HELP!!!

10 Why Get Certified? Your certified firm is listed in the public Directory of Certified Minority and Women-Owned Business Enterprises Your firm attracts new business You can be part of the 20% goal set by Governor Andrew Cuomo for MWBE participation in State Contracts. Access to funding you might not otherwise qualify for Your firm is sought by agencies seeking contractors and subcontractors All State Agencies Public Authorities Federal Agencies Corporations Free workshops, seminars, and networking events Additional contracting opportunities through Discretionary Spending Visit the MWBE Resource Center at

11 Qualifications for New York State MWBE Certification To qualify for New York State certification as a minority and/or womenowned business enterprise (MWBE), an applicant must successfully demonstrate the following: All applicants: All firms seeking MBE, WBE or MWBE certification must be owned, operated and controlled by minority members and/or women. The ownership must be real, substantial and continuing, and the minority members and/or women must exercise the authority to independently control the day-to-day business decisions. Each minority or woman who has an ownership interest in the firm must have a net worth which does not exceed 3.5 million dollars. This calculation should not include the ownership interest in the applicant firm, the primary residence of the owner(s), and $500 thousand of present cash value of any qualified retirement savings plan, or individual retirement account held by the individual less any penalties for early withdrawal. The firm cannot exceed 300 employees. The firm must operate independently of other firms. Generally, the business must be in operation for at least one year. All out-of-state applicants: Out of state applicants should be certified as a MWBE in their home state, if a similar process exists, before applying for MWBE certification in New York State. All applicants must have Authority to do Business in New York State from the New York Department of State prior to submitting an application for MWBE certification.

12 Qualifications for New York State MWBE Certification To qualify for New York State certification as a minority and/or womenowned business enterprise (MWBE), an applicant must successfully demonstrate the following: Definition of a Women-Owned Business Enterprise (WBE) Under Article 15-A of the Executive Law, a WBE is a business enterprise in which at least fifty-one percent (51%) is owned, operated and controlled by citizens or permanent resident aliens who are women. Definition of a Minority-Owned Business Enterprise (MBE) Under Article 15-A of the Executive Law, an MBE is a business enterprise in which at least fifty-one percent (51%) is owned, operated and controlled by citizens or permanent resident aliens who are meeting the ethnic definitions listed in the chart below: Group Definition Black Persons having origins from 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-Pacific Persons having origins from the Far East, Southeast Asia or the Pacific Islands. Asian-Indian Persons having origins from the Indian subcontinent. Subcontinent Native American Persons having origins in any of the original peoples of North America.

13 USING THE NEW YORK STATE CONTRACTING SYSTEM Reviewing MWBE Applications

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24 Financial Assistance Programs Surety Bond Assistance Program (New) A newly activated program that provides financial assistance and credit assistance, as well as training and technical support to help small business or Minority and-women-owned Business Enterprises (MWBEs) secure surety bonds for New York State government contracts. Small Business Revolving Loan Fund (New) A $50 million fund targeted to minorities, women and other New Yorkers who have difficulty accessing regular credit markets. The state provides $25 million in state funds, which is matched by an additional $25 million from the participating lenders.

25 NYS Surety Bond Assistance Program Pre Credit Training Credit Support (Guarantee from NYS)

26 NYS Surety Bond Assistance Program NYS/ NYC Agencies ESD Surety Broker/ Agent Training Provider Surety Underwriter NYSBAP Contractor

27 Credit Support Credit Support (Guarantee/ ILOC) Guarantees are offered on either a bond line or on an individual bond Bond-ready applicants can apply directly for credit support NYSBAP Application, Guidelines and Pre-Assessment Checklist on our web site Independent credit review Bond line guarantee and ILOC - up to 30% of Bond Amount or $600,000, whichever is less

28 Credit Support Eligibility NYS defined small business. Currently bidding on State/ City agency s work. Also NYNJPA and NYCSCA accepted. Credit score over 600; no judgments, tax liens or prior surety claims. Be in business for at least 2 years, with revenues between $400k-$5 million annually. Contract value be under $2 million; no more than two outstanding contracts under NYSBAP at any given time. Provide Work in Progress Schedule, Aging Report of payables and receivables. Bank letter showing available working capital of at least 10% of contract value. 2 years of financial statements required If contract value is < $500K, no CPA financials; if > $500 be less than $1 million, reviewed CPA financials; if > $1 million; reviewed with footnotes and schedules.

29 Credit Support Process REVIEW ELIGIBILITY CHECKLIST SURETY ISSUES BID BONDS AS CONTRACTOR BIDS ON CONTRACTS AS CONTRACTS ARE WON, ESD ISSUES ILOCS TO SURETY ON BEHALF OF CONTRACTOR WORK WITH INSURANCE BROKER (WE CAN HELP) ESD APPROVES AND ISSUES GUARANTEE TO SURETY UPON SUCCESSFUL COMPLETION OF CONTRACT, BOND IS RELEASED AND ILOC IS RETURNED SUBMIT APPLICATION TO ESD SURETY DETERMINES IT WILL PROVIDE BONDING WITH ESD GUARANTEE

30 Credit Support Contacts and Information Visit: nce.html Questions or call Ms. Huey-Min Chuang at

31 Small Business Resource Center

32 Alternative Lending Directory New York State Directory of Small Business Alternative Lending Programs