Wyo. Code R. 045-0003-2
General Agency, Board or Commission Rules
Chapter 2: Dsadvt Bus Ent, Mnity & Wmn Bus. Entrp.
Effective Date: 02/04/1994 to 03/08/2000
Rule Type: Superceded Rules & Regulations
Reference Number: 045.0003.2.02041994
CERTIFICATION AND DECERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES, PREAMBLE
The Disadvantaged Business Enterprise plan of the Wyoming Department of Transportation requires that firms and individuals wishing to be recognized and certified as disadvantaged business enterprises furnish information to the Department for the determination of their status as a disadvantaged business enterprise.
Section 1. Authority. W.S. 24-2-105 and 24-2-108 authorizes the Transportation Commission of Wyoming to adopt general rules and regulations for determining qualifications and responsibilities of bidders. Further, the Transportation Commission of Wyoming is obligated to implement 23 CFR 230, and 49 CFR 23 for full participation in the federal-aid highway program.
Section 2. Definitions.
(a) “Disadvantaged business enterprise” means a disadvantaged business enterprise, a minority business enterprise, and a woman business enterprise.
(i) For purposes of definition, a disadvantaged business enterprise is a small business concern:
(A) Which is at least 51% owned by one or more socially and economically disadvantaged individuals or, in the case of publicly owned businesses, at least 51% of the stock of which is owned by one or more socially and economically disadvantaged individuals, and
(B) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
(ii) Small Business Concern means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto.
(iii) Socially and Economically Disadvantaged Individuals means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are Black American, Hispanic American, Native American, Asian Pacific American, Asian-Indian American, female, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act.
Section 3. General Purpose. In order that the State may be able to recognize, determine and certify the status of disadvantaged business enterprises to satisfy Federal Department of Transportation policy, the Transportation Commission of Wyoming requires the certification of the aforementioned firms and individuals.
(a) All individuals and firms wishing to be recognized and certified as disadvantaged business enterprises must first submit a disadvantaged business enterprise application for certification of eligibility furnished by the Wyoming Department of Transportation. The application submitted shall contain sufficient information to clearly establish the disadvantaged business enterprise status of the firm or individual.
(i) A financial statement will be required. The financial statement will not have to be an audited financial statement.
(ii) The individual or firm shall indicate the ownership of the firm with regard to minority ownership, female ownership and nonminority male ownership.
(iii) Previous employers or the key officers of the company shall be shown.
(iv) Basic construction experience or background of the key officers of the company shall be indicated.
(v) Gross receipts for the three preceding fiscal years shall be shown.
(vi) If the company leases or rents equipment other than small hand tools, information must be furnished regarding the companies recently or currently being used to rent or lease from.
(vii) If office or yard facilities are leased, this information must also be furnished.
(viii) A listing of owned equipment must also be furnished with information regarding the number, size and age of the equipment.
(b) The certification application will be submitted to the Construction program of the Wyoming Department of Transportation for review and determination of certification status. The initial review and determination of certification will be made by the State Construction and Maintenance Engineer of the Wyoming Department of Transportation. Appeals may be filed as per Section 5.
Section 5. Appeals Procedure. The individual or firm whose certification has been denied or revoked may file an appeal with the U.S. Department of Transportation to have the denial or revocation reviewed. The appeal must be filed within 180 days of the denial or revocation by the state.
Section 6. Decertification. The Wyoming Department of Transportation may, upon receipt of information furnished by the disadvantaged business enterprise, or information furnished by an interested third party, determine that the status of the firm or individual has been altered to the extent that it can no longer be recognized as a disadvantaged business enterprise. A notice will be sent to the firm or individual advising of decertification. The firm or individual being decertified will also be advised of their right of appeal at the time the decertification notice is sent.
Section 7. Third Party Challenge. As a part of the certification and decertification process, the certification of a disadvantaged business enterprise may be challenged in writing by a third party. The receipt of the third party challenge will be acknowledged in writing by the Wyoming Department of Transportation. Following receipt of the third party challenge, a review will be made of the challenge to determine if sufficient information exists to justify further action. If further action is warranted, the challenged party will be notified of the challenge. An informal hearing will be scheduled with the challenged party and the challenging party. Information will be received from the challenging party and reviewed in the presence of the challenged party. Following a review of all available information, a determination of certification will be made. Both the challenged party and the challenging party will be notified in writing of the findings within fifteen days after the informal hearing. The firm or individual adversely affected by the final determination also will be advised of their right of appeal at the time the notice of the determination is sent to the two parties. Third party challenges are precluded for those firms or individuals who have a current U.S. Small Business Administration 8(a) certification.
Section 8. Annual Recertification. Previously certified disadvantaged business enterprises must be recertified annually. Recertification applications will be furnished to previously certified firms or individuals. The firm or individual must submit the recertification form to continue to be recognized and certified as a disadvantaged business enterprise.