Wyo. Code R. 045-0003-2
General Agency, Board or Commission Rules
Chapter 2: Certification & Decertification of Disadvantaged Business Enterprises
Effective Date: 03/08/2000 to Current
Rule Type: Current Rules & Regulations
Reference Number: 045.0003.2.03082000
Certification and Decertification of Disadvantaged Business Enterprises
W.S. 24-2-105 and W.S. 24-2-108 authorize the Transportation Commission of Wyoming to adopt general rules and regulations for determining eligibility to participate in the Disadvantaged Business Enterprise (DBE) Program. In addition, the Transportation Commission of Wyoming is obligated to implement 23 C.F.R. 230; 49 C.F.R. 23, as amended; and 49 C.F.R. 26 for full participation in the federal-aid highway program. To comply with these regulations, the Transportation Commission of Wyoming requires the Wyoming Department of Transportation (WYDOT) to certify disadvantaged business enterprises.
The purpose of these rules is to determine and recognize the eligibility status of disadvantaged business enterprises and satisfy U.S. Department of Transportation policy.
“Disadvantaged business enterprise” means a small business concern as defined according to Section 3 of the Small Business Act (15 U.S.C. 631, et seq.), and relevant regulations promulgated pursuant to this act, that is owned, operated, and controlled by socially and economically disadvantaged individuals, including minority and woman-owned business enterprises.
All individuals and firms wishing to be recognized and certified as disadvantaged business enterprises shall first submit a disadvantaged business enterprise application, furnished by WYDOT, to certify eligibility. The application submitted shall contain sufficient information to establish clearly the disadvantaged business enterprise status of the firm or individual.
Previously certified disadvantaged business enterprises shall file an annual eligibility update affidavit.
The individual or firm whose certification has been denied or revoked by WYDOT may file an appeal with the U.S. Department of Transportation to have the denial or revocation reviewed. The appeal shall be filed within 90 days of the denial or revocation.
The Wyoming Department of Transportation may, upon receiving information furnished by the disadvantaged business enterprise or an interested third party, determine that the enterprise’s eligibility status has changed enough that WYDOT can no longer recognize the individual or firm as a disadvantaged business enterprise.
A third party may challenge, in writing, a disadvantaged business enterprise certification.