§ 3903.02 — MBE/WBE Program; Certification

3903.02 - MBE/WBE Program; Certification.

(A) Operability. The MBE/WBE Program for certified MBE/WBEs shall be operative solely during a five-year period of extension reauthorized by Council as provided for in Section 3907.98. (B) Eligibility Criteria for MBE/WBE Certification. A business enterprise that wishes to make application to the Office of Diversity and Inclusion to be certified as an MBE/WBE shall submit a completed MBE/WBE Certification Form, a signed affidavit, and supporting documentation affirming that the MBE/WBE meets all of the following minimum eligibility criteria: 1) Is a for-profit business that is licensed to do business in the state of Ohio performing a commercially useful function that is not a subsidiary of another business and is either: a. For an MBE: at least 51% independently and directly owned, operated, and controlled by an individual who is eligible to do business or perform work in the state of Ohio and who is an African American, Native American, Hispanic American, or Asian American; b. For a WBE: at least 51% independently and directly owned, operated, and controlled by a female who is eligible to do business or perform work in the state of Ohio. 2) Has a physical presence in one of the following counties: Delaware, Fairfield, Fayette, Franklin, Licking, Madison, Pickaway, or Union; 3) Has been established for at least one (1) year; 4) Possesses all licenses and permits required by law to perform the scope of work within the classification requested for certification. (C) Ineligible businesses. A business enterprise is ineligible for consideration for MBE/WBE Certification if: 1) The business enterprise has been placed on the adverse determination list by the Labor Commission in accordance with Chapter 377 of the Columbus City Codes. 2) It has been determined by the Office of Diversity and Inclusion that a representative of the business enterprise previously made a materially deceptive or fraudulent statement or omission or otherwise intentionally misrepresented any fact that may have been considered in making a certification determination during any certification process provided for in the Diversity and Inclusion Code within the prior three years. 3) The business enterprise has been or is currently facing suspension or debarment in accordance with provisions of Chapter 329 of the Columbus City Codes. (D) Certification. 1) Upon receipt of a submitted MBE/WBE Certification Application, the Office of Diversity and Inclusion will review and evaluate applications based upon the following criteria: a. The applicant meets the MBE/WBE eligibility criteria; b. The application is satisfactorily completed; c. The application contains accurate and complete information of required in making a certification determination during the certification process; or d. The applicant has provided materials or information as requested by the Director. 2) Once it is determined that a business enterprise meets the minimum eligibility requirements and is not otherwise ineligible for certification as an MBE/WBE, the Office of Diversity and Inclusion will determine the scope of the MBE/WBE's certification. a. Certification will be granted for only the specific areas of work in which the MBE/WBE has been found by the Office of Diversity and Inclusion to have the requisite skills, knowledge, and ability to perform in the field of endeavor in which certification is sought, as defined by normal industry practices, including licensure where required. b. Certification for specific areas of work does not mean the MBE/WBE is prequalified to bid on any city contract, including contracts included in the MBE/WBE program. Certification does not constitute a finding that the MBE/WBE meets the requirements that the City may have for any given contract award. 3) Upon receipt of a submitted MBE/WBE Certification Application, the Office of Diversity and Inclusion will review and evaluate applications based upon the following criteria: a. The applicant meets the MBE/WBE eligibility criteria; b. The application is satisfactorily completed; c. The application contains accurate and complete information of required in making a certification determination during the certification process; or d. The applicant has provided materials or information as requested by the Director. 4) The Director will make a final certification determination within 90 days after the date the Office of Diversity and Inclusion receives a satisfactorily completed application from the applicant. If certification is denied, the Director will notify the applicant in writing and specify the reason(s) for the denial. Unless the applicant is successful in a timely appeal of the denial of certification, the applicant may not reapply for the same type of certification for a period of one year from the date of the notice of denial. 5) A business entity that has received a denial of certification from the Office of Diversity and Inclusion shall have a right of appeal in accordance with section 3907.03. 6) Certification as an MBE/WBE expires two years from the date of certification. MBE/WBEs have a continuing, affirmative obligation to notify the Office of Diversity and Inclusion of any change in its circumstances affecting its continued eligibility for the MBE/WBE program. (E) Re-Certification, De-Certification, and Suspension. 1) Re-Certification. a. MBE/WBEs seeking re-certification shall submit a completed MBE/WBE Re-certification Form (MBE/WBE-R) to the Office of Diversity and Inclusion no sooner than 60 days prior to the expiration of their MBE/WBE certificate. b. Failure of an MBE/WBE to seek re-certification by filing the necessary MBE/WBE-R form with the Office of Diversity and Inclusion within 60 days following the expiration of its certificate shall result in automatic decertification. 2) De-Certification and Suspension. a. An MBE/WBE may be De-Certified upon a finding by the Director that the MBE/WBE: i. Ceases to meet the eligibility and/or certification requirements for their MBE/WBE Certificate; or ii. Has provided materially false or misleading information to the city in seeking certification or re-certification; or iii. Has failed to perform a Commercially Useful Function under a contract, or iv. The MBE/WBE allows its MBE/WBE status to be fraudulently used for the benefit of a non-MBE/WBE firm or the owners of a non-MBE/WBE firm so as to provide the non-MBE/WBE firm or firm owners benefits from the Program for which the non-MBE/WBE firm and its owners would not otherwise be entitled; or v. Has exhibited gross negligence, incompetence, financial irresponsibility, or misconduct in the operation of the business enterprise. b. Where the Director has reasonable grounds to believe, based upon information obtained by the Office of Diversity and Inclusion that an MBE/WBE may be subject to De-Certification, the Director may suspend the certification of the MBE/WBE while the De-Certification matter is pending. The Director shall provide the MBE/WBE with written notice of suspension and during the period of suspension, the MBE/WBE shall be prohibited from bidding upon or entering into City contracts as a certified MBE/WBE. Upon a finding that an MBE/WBE has failed to re-certify in accordance with division (E)(1) or has violated any provisions of division (E)(2)(a), the Director shall provide the MBE/WBE with written notice of De-Certification. c. A business entity that has received a notice of suspension or de-certification from the Office of Diversity and Inclusion shall have a right of appeal in accordance with section 3907.03. d. Unless the suspension or de-certification decision of the Director is reversed on appeal, a business entity that has received a notice of suspension or de-certification from the Office of Diversity and Inclusion shall not apply for re-certification for one (1) year from the date of the notice of suspension or de-certification. (F) MBE/WBEs certified by other government agencies will be required to be certified by the Office of Diversity and Inclusion regardless of other certification. However, the Director may promulgate rules and regulations allowing for an expedited process for MBE/WBE certification by the city if the business entity has a current certification from agencies/organizations specifically approved by the Director.

(Ord. No. 2026-2021, § 1, 7-26-2021; Ord. No. 2700-2023, § 3, 12-4-2023; Ord. No. 2116-2025, § 1, 11-17-2025)