MWBE & DBE Appeal Process in New York: A Comprehensive Guide
DBE Certification Appeal New York
Getting certified as a MWBE or DBE firm is just the first step. And, unfortunately, it’s not the end of the process. Both State and Federal contracting agencies require ongoing compliance with the MWBE and DBE rules. This, invariably, requires recertification. Not with standing the fact that you may have been successfully certified for decades, recertification is never guaranteed. Your recertification can be rejected or, even, canceled. Our attorneys have seen long-term family businesses faced with shuttering their business and firing their staff over failed recertifications, especially when the lion’s share of their business is generated from MWBE and/or DBE contracts. We’ve also helped our clients re-establish their certification and save their business – you have one shot at this! If denied certification, you will have to wait at least three years to reapply.
Appeal procedures for DBE certification in New York
Understanding and managing the appeals process if you receive a rejection is one of Wilson & Chan, LLP’s specialties. We know how hard you worked to get certified, to perform your contracts, and to generate new opportunities. Even if you receive a rejection, there are ways to appeal and to regain certification. We will work with you at every step of the way.
Having a dependable and skilled MWBE/DBE certification attorney at your side can make all the difference when navigating the certification appeal procedure in New York and with Federal contracting agencies.
Our attorneys are experts, with nearly 40 years of combined experience and a reputation as the preeminent leaders in protecting the rights of our MWBE and DBE clients. No firm has helped more MWBE and DBE firms in New York obtain certification, and no one knows more about what it takes to take on the appeals process and win for our clients.
How to make a winning appeal?
While having an experienced MWBE and DBE attorney on your side is crucial, there are several helpful suggestions that companies can consider to improve their chances of a successful appeal, including:
- Starting early: Starting the appeal process as soon as possible is essential. Gathering all required documentation and evidence promptly can increase your chances of a successful conclusion.
● Review the choice carefully: Analyze the initial ruling that refused your MWBE or DBE accreditation. Check for contradictions, mistakes, or flaws in the stated reasoning. This will assist you in creating a compelling defense for your appeal.
- Prepare your documents: Expect everything to be re-reviewed. Analyze your documents as though you were in charge of certification. If there are any flaws, omissions, or errors, fix them before you appeal.
- Call an expert. At the end of the day, you need to make the most compelling case possible to save your business and to ensure you do not lose your seat at the table.
A familiar face in New York state and federal courts, co-founder and partner Henry C. Chan runs a sophisticated and extensive commercial litigation practice for clients ranging from New York State governmental agencies and municipalities to multibillion-dollar entities. Learn More.