Since 1983 it has been the policy of the City of Winston-Salem to provide minorities and women equal opportunity to participate in all aspects of City contracting and purchasing programs, including but not limited to, participation in procurement contracts for commodities and services as well as for contracts relating to construction, repair work and/or leasing activities.
It is further the policy of the City of Winston-Salem to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, color, sex, religion or national origin and to conduct its contracting and purchasing programs so as to prevent such discrimination.
The City of Winston-Salem, in concert with other local, state and federal agencies, and with the assistance of minority groups and agencies, will actively seek and identify qualified minority and women business enterprises and offer them the opportunity to participate as providers of goods and services to the City.
The purposes of the M/WBE Program are to formally state and declare the City's policy with regard to non-discrimination in the purchasing practices of the City, and to outline the procedures that will be used to ensure that our current and future purchasing practices provide to the fullest extent possible, consistent with sound management practices, and state and federal laws, opportunities for participation by firms owned and controlled by minorities and women.
The M/WBE Program as it relates to construction contracting is a voluntary goal program. It is neither a set-aside program nor a mandatory quota program. It does not mandate that a contractor offer or achieve any percentage of M/WBE participation as a condition of award. It is a program which encourages contractors to voluntarily offer M/WBE participation; and, when the contractor has made such voluntary offer of M/WBE participation, to require the contractor to provide the same as a term of the contract. For failing to do what the contractor has voluntarily offered and contracted to do a contractor could be removed from the City´s bid list and prevented from bidding on further City contracts.
For purposes of the M/WBE Program and as defined by the United States Department of Commerce, Minority Business Enterprise is a business at least 51 percent owned and controlled by minority group members or women. A MBE is bona fide only if the minority group or female ownership interests are real and continuing and not created solely to meet MBE percentage goals. In addition, to fulfill the purpose of participation, the MBE must itself perform work or services or provide supplies under contract and not act as a mere conduit. In short, the contractual relationship must be bona fide.
For purposes of the M/WBE Program, minority group members are Women, Black Americans, Hispanic Americans, Pacific Rim Asian Americans and American Indians.