Instructions
Applicants for MWBE recertification or vendor profile updates may request a secondary review of a NAICS code determination made by the Division of Minority and Women’s Business Development (the “Division” or “DMWBD”), pursuant to the following procedures.
An applicant must request a secondary review within thirty (30) days of receipt of the NAICS Code Notification Letter (“Code Notification Letter”) by emailing the Division’s NAICS Code Unit at [email protected], in the manner specified below.
Please be advised, your Secondary Review Request will not be considered received by the Division unless the following items are attached to your email:
-
The Secondary Review Request Form, including any supplemental written responses;
*If you are using the fillable form, please “flatten” or “print to PDF” before sending*
- A copy of your Code Notification Letter; and
- Additional documentation to support your request.
The supporting documentation should include, but is not limited to, copies of the following:
- At least one completed contract in the last two years which shows the applicant firm self-performing work in each industry code requested;
- Certified payroll for each contract showing all business employees who worked on the contract (if certified payroll is not available, any State Quarterly Payroll Tax filing, filed for the relevant quarter will suffice);
- Proof of payment for each contract.
- All subcontracts related to the contract;
- Any relevant industry licenses or certifications held by the owner-relied-upon;
- Any documentation speaking to the relevancy of the owner-relied-upon’s academic credentials or direct work experience to each code requested.
Please do not provide documentation previously submitted to the Division, unless said documentation specifically addresses points raised in the initial code determination or can offer clarification on the owner-relied-upon’s industry-specific knowledge or day-to-day decision-making relative to the codes sought. Submitting unresponsive or duplicative documentation will only prolong the review process.
Please note that if an applicant would like a virtual interview, they must expressly request it on their request form. The request for a virtual interview does not supplant the Division’s need for the aforementioned documentation to support any code request. All virtual interviews will be held via Zoom and will only address the codes identified in the applicant’s secondary review request.
Please be aware that applicants are limited to one secondary review per Code Notification Letter. Accordingly, applicants must identify in their request all codes they wish to have reviewed.
After the Division has completed its secondary review, it will render a final determination via email. Your code classification will then be assigned as detailed in the Final NAICS Code Determination Letter (“Final Code Determination Letter”).
Code Notification Letter – Finalization. The Code Notification Letter will be considered final upon applicant’s failure to request a secondary review within thirty (30) calendar days of the Code Notification Letter. Codes will subsequently be assigned as detailed in the Code Notification Letter if the Division does not receive a request for secondary review within 30 days of the Code Notification Letter.
The applicant business enterprise must wait ninety (90) days from either the date of the Code Notification Letter or, following a request for secondary review, the date of the Final Code Determination Letter before it can request a vendor profile update in reference to any codes rejected by the applicable Code Notification or Final Code Determination Letter.
Please note, your code assignment should remain as granted prior to your recertification or profile update for the duration of the secondary review process, until a final determination is issued. If you have requested secondary review and suspect your code assignment has been adjusted prematurely (before issuance of a final determination), please email [email protected] to let us know.