§ 11-23 Application Intake and Verification.
RCNY § 11-23
(a)Minority- and/or women-owned business enterprise certification applications may be obtained from, and must be returned to DSBS or may be submitted electronically, to the extent an online application process is available. DSBS will record the date that each application is received.
(b)An applicant must submit such information or documentation as may be required by DSBS in connection with its certification as an MBE and/or WBE. Failure to submit such information or documentation may result in the rejection or revocation of such certification.
(c)If a certification application is received by DSBS and required documents are missing, questions are unanswered or the certification application is not properly signed, DSBS will send to the applicant, within 45 days of the date the application was received by DSBS, a notice of status and deficiency (the "Notice"), stating any deficiency arising from missing documents, unfinished questions or deficiencies in signature. An applicant may cure the noticed deficiency by providing DSBS with documents or information requested in the Notice, within 30 days of the date of the Notice.
(d)When the applicant cures a noticed deficiency, pursuant to procedures set forth in 66 RCNY § 11-23(c), DSBS will have an additional forty-five (45) days to advise the applicant of any further deficiency which may be cured in accordance with 66 RCNY § 11-23(c).
(e)If the applicant does not cure a noticed deficiency, pursuant to procedures set forth in 66 RCNY § 11-23(c), and the certification application remains incomplete for at least forty-two (42) days of the date of the Notice, unless such time is extended by the division, the applicant must be sent a notice stating that its certification application has been rejected and will not be processed, together with its rejected certification application.
(f)An applicant whose certification as an MBE and/or WBE is rejected may not reapply for certification for at least one hundred twenty (120) days of the date of the notice of rejection of its application.
(g)Applicants may be required to consent to inquiries of their bonding companies, banking institutions, credit agencies, contractors, affiliates, clients and other entities to ascertain the applicant's eligibility for certification. Refusal to permit such inquiries will be grounds for rejection of a certification application.
(h)All applicants and certified businesses will be subject to an audit at any time. An applicant's or certified business' refusal to facilitate an audit will be grounds for denial of its certification application or revocation of its certification.
(i)A certification application may be withdrawn by an applicant without prejudice at any time prior to an audit. Following the withdrawal of a certification application, the applicant may not reapply for certification for a period of at least one hundred twenty (120) days from the date of withdrawal of the application.
(j)All applicants and certified businesses may be required to provide documentation to substantiate that the business has the skill and expertise to perform in the particular area of work for which it is requesting listing or is listed on the M/WBE Directory.
(k)The division will conduct site visits for at least 5% of all MBE and/or WBE certification applications received during a fiscal year to verify that such business enterprises are eligible for certification under these rules. (Amended City Record 5/25/2021, eff. 6/24/2021)
