Section 58.304. Verification of Small Diverse Businesses

(a) Prerequisite. To complete the verification process for consideration as a Small Diverse Business, the business shall, as a prerequisite, complete the self-certification process in § 58.303 (relating to self-certification of eligible small businesses) and present the resultant certificate as documentation in support of the verification process in this section.

(b) Verification of Small Diverse Business status. The Department will verify MBE, WBE, VBE or SDVBE status through the verification of certification from one or more of the following approved third-party entities:

(1) The Unified Certification Program.

(2) The National Minority Supplier Development Council.

(3) The Women’s Business Enterprise National Council.

(4) The United States Small Business Administration 8(a) Program.

(5) The United States Department of Veteran Affairs through the www.VetBiz.gov business database.

(6) Additional entities as identified, approved and publicly posted by the Department on its web site at www.dgs.state.pa.us.

(c) Documentation. Applicants shall submit proof of active certifications from approved third parties in accordance with the requirements outlined on the Department’s web site. The Department reserves the right to request additional information and conduct further review or auditing as needed.

(d) Existing certification transition. The certifications of firms previously certified by the Department as MBE, WBE, VBE or SDVBE were valid through January 11, 2013, unless the firms successfully completed the Commonwealth’s SBPI self-certification prior to January 11, 2013. A previously certified firm that obtained SBPI self-certification prior to January 11, 2013, automatically had its status as a Small Diverse Business extended to the same expiration date as the SBPI self-certification expiration. Prior to the SBPI self-certification expiration, a firm shall obtain approved third-party certification to maintain its status as a Small Diverse Business. A firm that fails to obtain approved third-party certification prior to the SBPI self-certification expiration date will have its status as a Small Diverse Business deemed ‘‘inactive’’ and will be unable to participate in the Small Diverse Business Program.

(e) Single expiration date. Regardless of the expiration date of the approved third-party certification, the expiration date of the Department verification as a Small Diverse Business is the same as the SBPI self-certification date. To maintain status as a Small Diverse Business, a firm shall provide an active third-party certification upon successfully recertifying as a small business.

(f) Limitation. The Department’s verification process as set forth in this section is limited to Small Diverse Business status and should not be construed as an endorsement of Small Diverse Business expertise.

The provisions of this § 58.304 amended March 29, 2013, effective March 30, 2013, 43 Pa.B. 1731. Immediately preceding text appears at serial pages (363880) to (363881).