Compliance

What is a minority business enterprise in construction?

A minority business enterprise (MBE) is a business at least 51 percent owned, and controlled in management and daily operations, by one or more socially or economically disadvantaged individuals, often certified so it can count toward contracting goals.

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A minority business enterprise, or MBE, is a company majority-owned and run by people from groups recognized as socially or economically disadvantaged. In construction, MBE status matters because many public owners, and some private ones, set goals for how much of a contract goes to MBE firms. A general contractor bidding a city or state job may need to show MBE subcontractors or suppliers in its bid, or prove it made good faith efforts to find them.

The federal Minority Business Development Act defines a minority business enterprise as a business that is not less than 51 percent owned by one or more socially or economically disadvantaged individuals, with management and daily operations controlled by those individuals. The statute presumes the term includes people who are Black or African American, Hispanic or Latino, American Indian or Alaska Native, Asian, and Native Hawaiian or other Pacific Islander, plus other groups the agency designates.

MBE vs DBE and other programs

MBE is often confused with disadvantaged business enterprise (DBE). DBE is a specific U.S. Department of Transportation program for federally funded highway, transit, and airport work, with its own eligibility rules and certification. MBE certifications are usually issued by states, cities, transit agencies, or private councils, each with its own standards. A firm can hold several certifications, and one does not automatically grant another.

Common certifications contractors run into
ProgramWho usually certifiesWhere it counts
MBEStates, cities, counties, private councilsThat agency's contracts or private corporate supplier programs
DBEState transportation departments under federal rulesFederally funded transportation projects
Small business set-asidesSBA and federal agenciesFederal contracts; see small business set-aside

How MBE goals work on a real bid

Say a county advertises a $6.5 million library renovation with an MBE participation goal stated in the bid documents. The GC's estimator reaches out to certified MBE electrical, painting, and supply firms in the county's directory, gets quotes, and lists the chosen firms and their dollar amounts on the participation form. If the GC cannot meet the goal, it documents its outreach, such as notices sent, follow-up calls, and reasons quotes were not used, to show good faith efforts. After award, the GC reports payments to those MBE firms through the job.

Common mistakes and disputes

  1. Counting a firm that is not certified with that specific agency.
  2. Listing an MBE that does not perform a commercially useful function, such as a pass-through supplier. Agencies treat this seriously and it can lead to penalties or debarment.
  3. Replacing a listed MBE sub after award without agency approval.
  4. Weak documentation of good faith efforts, which can make a low bid nonresponsive.
  5. MBE firms letting certifications lapse because renewal dates were not tracked.

Related reading: how to get DBE certification, set-aside contract, and how to bid public construction projects. Smart Business Automator tracks subcontractor certifications and participation dollars by job for public work reporting; see public works contractor automation.

Frequently asked questions

What does MBE stand for in construction?

Minority business enterprise: a firm at least 51 percent owned and controlled by minority or socially or economically disadvantaged individuals, usually certified by an agency.

Is MBE the same as DBE?

No. DBE is a U.S. Department of Transportation program for federally funded transportation work. MBE programs are run by states, cities, and other agencies with their own rules.

Who certifies MBE firms?

States, cities, counties, transit agencies, and some private councils. Each certification is recognized only where that agency or program accepts it.

What if I cannot meet an MBE goal on a bid?

Many programs allow a contractor to show good faith efforts instead. Follow the bid documents exactly and keep records of outreach.

Sources

  1. Cornell LII: 15 U.S.C. 9501, Definitions (Minority Business Development Act)
Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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