PSA: Missed Your New York MWBE Appeal Deadline? You Might Still Have a Shot.
Here’s something they don’t tell you about MWBE certification in New York:
A denial isn’t always the end of the road.
Yes, it stings, especially after months of gathering documents, responding to follow-ups, and waiting for a decision. But even if you’ve been denied and missed the appeal deadline, there’s still a path forward:
The Two-Year Waiver to Reapply.
1. Who’s Eligible?
You can request a waiver to reapply before the standard two-year waiting period if:
You were denied MWBE certification, and
The circumstances that led to the denial have significantly changed.
In plain English: if you’ve fixed what caused the denial, whether it was ownership, control, capital structure, or another issue — you may be eligible.
2. The Waiver Request Must Be Formal
This isn’t just a “hey, things are better now” note.
You need to submit a formal written request that:
Identifies the original reason for the denial,
Explains what’s changed since then, and
Demonstrates why those changes matter.
3. Support Your Case with Proof
This is where most requests fall short.
You’ll need verifiable, third-party documentation. That could include:
Updated tax returns
Corporate filings or amendments
Signed resolutions
New contracts
Revised financials
Independent certifications
If your documents don’t clearly show what changed, and when, DMWBD won’t give your request a second look.
4. What Happens Next
If the waiver is approved, you’ll be authorized to submit a new MWBE application even if two years haven’t passed.
If the waiver is denied, you’ll have to wait the full two years from the original denial date to reapply and your new application must reflect significant changes.
What This Is and Isn’t
This isn’t an appeal it’s a workaround if you missed or lost your appeal.
You can still pursue contracts, but your participation won’t count toward MWBE goals unless you’re certified.
A sloppy waiver request can delay your path by years.
Need Help? This Is What We Do.
We’ve helped clients successfully re-enter the MWBE pipeline after a denial, identifying what’s changed, strengthening documentation, and framing the case in a way that aligns with DMWBD’s standards.
The waiver process is more strategic and document-heavy than it seems.
Don’t guess your way through it.
Book a consultation before you reapply a single call could save you another two-year delay.
ABOUT MJ MORLEY LAW PC
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