MWBE Certification Profile Update

All certified and recertified firms should review their vendor profile and make sure the information is accurate, and reflects the commodities and services your firm provides. 

  1. All supporting documentation can be uploaded directly into your account.
  2. Any requests submitted without the required documentation will be returned without processing.
  3. For Vendor Profile updates, click here and under "MWBE Certification" chose “Option 2: Recertification or Profile Update”

Each section below outlines the documentation required to accompany the update:

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Contact Information Update

How to submit a Change Request to update contact information in your profile in the Empire State MWBE Hub:​

Phone, Fax Number or Email, Web Address Changes
No supporting documentation is required, just log in to the system at mwbe.esd.ny.gov and submit the Change Request.

Change of Address
Required Documentation (one of the following):

  • Signed and Executed Lease
  • Deed or Property Tax Receipts or Assessments

Alternate Documentation:

  • Front /back of cancelled checks for six months
  • Office Suites Agreement, including receipt of payment

Additional documentation may be required.

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Name Change Update

How to submit a request to update/amend the name of the firm in the New York State Contract System:​

Name Change Required Documentation
Copy of amended business certificate with NYS Department of State

Adding or Changing a DBA Name Required Documentation ​
For Sole Proprietors: Copy of DBA filing with County Clerk (For Out of State firms, you need to submit the equivalent from your home state). Additional documentation may be required.
For all other business types: Registration of Assumed Name with NYS Department of State. Additional documentation may be required.

Please log into your Empire State MWBE Hub account and proceed with submitting a Change Request.

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Capacity Information Update

How to submit a request to Update the Capacity Information: (market area, gross revenue, and employees)

Gross Revenue Required Documentation: 

Most Recent Year Filed: Federal Business Taxes, including all statements schedules and amendments



Market Areas Required Documentation: 

A detailed narrative outlining what infrastructure, equipment or staff the firm will utilize to provide its goods / services to market areas outside the primary region where the firm is located. 

Employees Required Documentation: 

Copies of Payroll Records, including W2s for same period.

Additional documentation may be required for all of the above capacity fields.

 

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Ownership Update

How to submit an Update to the Owner Information:

Ownership Change Required Documentation: 

  1. A signed, dated statement outlining the change in ownership, indicating the following information as it relates to each owner: gender, ethnicity, percentage ownership, title. 
  2. Depending on business structure, submit the appropriate documentation from this list: Amended Corporate Documents (corporate minutes, stock ledger, etc), Partnership Agreements, Purchase Agreements, Operating Agreements, and any other relevant documentation. 

Additional documentation may be required.

 

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Commodities Update

How to submit a request to update the industry classifications for Commodities and Industry Classification Requests:

Please read the following carefully prior to submitting a request to be classified as a supplier/broker of commodities.

Standard Industry Practices

BROKER: A firm is classified as a broker when the firm fills orders for a third party by ordering, and/or purchasing; and/or receiving supplies from a third party supplier rather than out of its own existing and flowing inventory and, in light of the standard industry practices, provides no substantial service other than acting as an intermediary between supplier and customer.

SUPPLIER: A supplier is considered a regular dealer, as a firm that operates a store, warehouse, or other establishment where materials, supplies or equipment required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business.  These are firms that, as its principal business and under its own name, purchase and sell the products in question.  A supplier must purchase and keep materials in stock and have a method to sell those materials to the public, through a storefront or website, and cannot supply materials specifically for a single contract.

For suppliers of large bulk item industries, where the industry consists of manufacturers and installers, suppliers are granted definition as such, as long as the main percentage (over 40%) of the business comes from inventory in their warehouse and that they take legal responsibility of the items, even if items are drop-shipped.  Even for the percentages that may be drop-shipped, the supplier must have legal responsibility over the items.  This can be accomplished through delivery with their own trucks, long-term trucking contracts with third party vendors, and/or an insurance policy that covers the items. Exceptions include large subindustries, such as electric, steel, precast, and asphalt.  In these areas, the supplier is the manufacturer, because products are made custom per order.



Supplier of Commodities Required Documentation:

  1. Detailed itemized inventory, including wholesale and retail dollar value and proof of purchases.
  2. Warehouse lease agreement or deed for space showing square footage and location.
  3. Current financial statement, including balance sheet and profit & loss statement.
  4. Invoices showing purchases of commodities from all manufacturers with which the supplier transacts business. This includes lines of credit letters from each manufacturer and stocking distributor agreements for each manufacturer stocked or represented.
  5. Copy of all vehicle registrations for use by the business (if applicable), including any additional documents or shipping agreements for the use of third-party shipping companies.
  6. Detailed narrative that explains how goods are delivered to clients.
  7. Business/Corporate Tax Returns for the most recent 2 tax years, including all schedules, statements and amendments. Incomplete returns will not be accepted.
  8. Copies of the firm’s largest signed contracts and/or agreements completed with clients in the last 2 years. All contracts must include a description of the commodities provided, method of delivery, and prices or rates charged. Also include copies of invoices to the client showing billing for the commodities sold, and proof of payment at completion of the contract.

Additional documentation may be required.

When submitting requests please note:

  1. NYS will update the classification of a firm when the firm can demonstrate it has been a supplier or broker in the past. If the firm has never provided commodities, or cannot satisfy the document requirements, the request will be rejected.
  2. NYS will not process these requests when a firm is due for recertification until the firm has completed the recertification process, and it is deemed eligible for continuing certification. 
  3. Classifications will be provided only for the exact commodities identified in the documentation provided. If a specific classification is not supported in documentation, it will not be provided.
  4. All requests to be classified as a supplier that do not clearly demonstrate the standard industry practices referenced above, and/or are not submitted with the required documentation to support the request will not be granted, and the classification of supplier will not be provided.
    • In these instances, if the documentation demonstrates the standard industry practices of a broker, the firm will be classified as a broker.
    • Requests that fail to meet either standard will be rejected or returned. 
  5. Remember all firms are required to submit update requests online; and upload or fax the required documentation directly into the file. 
  6. Any requests submitted without the required documentation will be returned without processing.

     
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Services Update

How to submit a request to update the industry classifications for Services and Industry Classification Requests:

Please read the following carefully prior to submitting a request to be classified as a supplier/broker of services.

Services Required Documentation: 

  1. Copies of the firms largest signed contracts, invoices and/or agreements with your largest clients in the last 2 years (including scope of services and receipt of payment) for each additional service/trade you wish to add to your profile
  2. Copies of complete payroll records from the corresponding time period for the contracts provided
  3. Licenses (if applicable)

Additional documentation may be required.

When submitting requests please note:

  1. NYS will update the classification of a firm when it can demonstrate it has provided the services in the past. If the firm has never provided the requested services or cannot satisfy the document requirements, the request will be rejected.
  2. Work which is subcontracted out will not be considered. 
  3. NYS will not process these requests when a firm is due for recertification until the firm has completed the recertification process, and it is deemed eligible for continuing certification.
  4. Remember all firms are required to submit update requests online; and upload or fax the required documentation directly into the file. 
  5. Any requests submitted without the required documentation will be returned without processing.
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NAICS Code Secondary Review Requests

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:

  1. 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*

  2. A copy of your Code Notification Letter; and
  3. 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.