District of Columbia Administrative Code

701 CERTIFICATION OF JOINT VENTURES 701.1 The Commission shall determine the eligibility of a joint venture for certification on a contract-by-contract basis. 701.2 The Commission may certify joint ventures involving a MBE where such an agreement will contribute to minority busin…

702 APPLICATION FOR CERTIFICATION 702.1 All applications for certification shall meet the following requirements in order to be accepted for Commission review: (a) All application forms shall be completely filled out; (b) All required documentation shall be supplied; and (c) The …

703 DENIAL OF CERTIFICATION 703.1 The Commission shall deny certification as a local minority business enterprise or MBE/joint venture to any business entity which fails to meet the requirements of D.C. Law 1-95 and chapters 6 and 7 of this title. 703.2 The Commission may base it…

704 RENEWAL OF CERTIFICATION 704.1 Application for renewal of certification shall be submitted to the Commission not less than ninety (90) days before the date of expiration of the existing certificate. 704.2 The Commission shall issue a notice of pending expiration of certificat…

705 COMPLIANCE REVIEW 705.1 The Commission shall periodically review the practices and status of certified MBE's to determine whether they continue to meet the eligibility requirements for certification and are conducting their business activities in accordance with the requireme…

706 REVOCATION OF CERTIFICATION 706.1 Formal charges against an MBE which may result in revocation of certification may be brought and adopted on any of the following grounds: (a) Fraud or deceit in obtaining certification, including the furnishing of substantially inaccurate or …

707 DENIAL OF RECERTIFICATION 707.1 The Commission may deny recertification of an MBE on one or more of the grounds set forth in §703.2 or §706.1. 707.2 If recertification is denied, the Commission shall notify the applicant of the denial in writing along with the grounds and spe…

708 HEARING PROCEDURES 708.1 Hearings held in connection with denials of recertification and revocation of certification shall be conducted in accordance with the procedures set forth in this section. 708.2 Upon receipt of a request for hearing the Commission shall set a date for…

709 TEMPORARY CERTIFICATION 709.1 The Staff Director of the Commission may issue to an applicant a temporary certification for bidding purposes only when all of the following requirements are satisfied: (a) The applicant has submitted a completed application for certification und…

710 DISTRIBUTORSHIPS 710.1 In determining whether an applicant meets the requirements for minority participation in the sheltered market as set forth in D.C. Code §1-1148(a) (1981), and to ensure compliance with the performance requirements for bona fide MBE's set forth in D.C. C…

799 DEFINITIONS 799.1 The meanings ascribed to the definitions appearing in §699.1 of chapter 6 of this title shall apply to the terms in this chapter. AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is §5(a) of the Minority Contracting Act of 1976, D.C.…

800 GENERAL PROVISIONS This chapter is promulgated pursuant to the Small and Certified Business Enterprise Development and Assistance Act of 2005 (Act), effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.). SOURCE: Final Rulemaking published at 39 DC…

801 APPLICATION FOR CERTIFIED BUSINESS ENTERPRISE STATUS An applicant for certification with the Department shall submit, via the Department’s website or as otherwise directed by the Department, a completed application that is signed and sworn to by the applicant, setting forth t…

LOCAL BUSINESS ENTERPRISE REQUIREMENTS 802.1 An applicant for certification as a local business enterprise must demonstrate, inter alia, that the principal office of the business enterprise is located in the District of Columbia. To be considered the principal office: The space m…

803 SMALL BUSINESS ENTERPRISE; ADDITIONAL REQUIREMENTS Pursuant to Section 2332(a)(3)(B) of the Act (D.C. Official Code § 2- 218.32(a)(3)(B)), an applicant seeking certification as a small business enterprise (“SBE”) shall, in addition to satisfying other requirements of the Act,…

804 DISADVANTAGED BUSINESS ENTERPRISE; ADDITIONAL REQUIREMENTS 804.1 An applicant seeking certification as a disadvantaged business enterprise ("DBE") shall demonstrate to the Department that the individuals representing more than fifty percent (50%) of those who own, operate, an…

805 RESIDENT-OWNED BUSINESS ENTERPRISE; ADDITIONAL REQUIREMENTS 805.1 An applicant requesting certification as a resident-owned business enterprise must provide proof of residency, including federal and District of Columbia personal income tax returns solely in the District; a de…

806 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5628 (July 10, 2009); as amended by Fi…

807 DEPARTMENT PROCESS FOR CERTIFIED BUSINESS ENTERPRISE STATUS 807.1 Upon receipt of an application for certification as a certified business enterprise (“CBE”), the Department will conduct a preliminary review of the submission for compliance with the requirements of the Act an…

808 SCOPE AND TERM OF CERTIFICATE OF REGISTRATION A certificate issued to a certified business enterprise (“CBE”) shall: Authorize the CBE to receive the benefits as outlined in the Act and this chapter on all applicable District government solicitations; and Be effective for a p…

APPLICATION FOR JOINT VENTURES 809.1 An applicant for certification as a joint venture shall: Submit a complete application, as prescribed by the Department, no later than fifteen (15) business days before the solicitation closes; Submit an executed copy of the applicant's joint …

REPORTING REQUIREMENTS FOR JOINT VENTURES The joint venture shall notify the Department within five (5) days of the award of the contract whether the joint venture was awarded the contract. The joint venture shall notify the Department within five (5) days of the solicitation bei…

BID AND PROPOSAL PREFERENCES FOR JOINT VENTURE If the Department determines that a certified business enterprise (“CBE”) owns a majority interest in the joint venture, the Department shall assign bid and proposal preferences, as provided in Section 2339a(h) of the Act (D.C. Offic…

812 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5633 (July 10, 2009); as amended by Fi…

COMPLIANCE REVIEW AND ENFORCEMENT The Department may conduct periodic compliance reviews of certified business enterprises (“CBEs”), certified joint ventures, and beneficiaries to confirm ongoing compliance with the requirements of the Act and this chapter, including continuing c…

814 COMPLAINT PROCEDURE AND DEPARTMENT INTERNAL HEARING Any person may file a complaint with the Department, pursuant to Section 2363(e)(1) of the Act (D.C. Official Code § 2-218.63(e)(1)), by submitting to the Department a completed written notarized complaint form, provided by …

GROUNDS FOR REVOCATION 815.1 Upon a finding that a certified business enterprise (“CBE”) or certified joint venture engaged in conduct in violation of Section 2363(a)(2) or (3) of the Act (D.C. Official Code § 2-218.63(a)(2) or (3)), the Department may issue an intent to revoke t…

OPPORTUNITY FOR A HEARING: REVOCATION 816.1 If the Department issues an intent to revoke the certification of a certified business enterprise (“CBE”) or certified joint venture, the CBE or certified joint venture may request a hearing before OAH. The procedures described in this …

817 OPPORTUNITY FOR A HEARING: DENIAL The procedures described in this section shall apply to an applicant for certification whose certification application has been denied. The Department shall serve written notice of the denial on the applicant, which shall include the followin…

COMPUTATION OF TIME 818.1 In computing any period of time specified in this chapter, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is not a business day, in which event the time period shall continue until th…

SERVICE 819.1 Documentation that is required by this chapter to be served on an applicant or a respondent shall be served at the last known address of the applicant or respondent on file with the Department, or any representative thereof. Service shall be to: The business enterpr…

JUDICIAL REVIEW 820.1 A party suffering a legal wrong or adversely affected or aggrieved by a final decision of the OAH may seek review of the decision by the District of Columbia Court of Appeals pursuant to Section 19(c)-(e) of the Office of Administrative Hearings Establishmen…

LIST OF CERTIFIED BUSINESS ENTERPRISES 821.1 The Department shall establish and maintain a centralized list of certified business enterprises (“CBEs”). The Department's centralized list of CBEs shall set forth the name of each CBE, contact information for each CBE, the CBE's busi…

822 AGENCY EXPENDABLE BUDGETS; SMALL BUSINESS ENTERPRISE EXPENDITURE No later than one hundred twenty (120) days (June 1st) prior to the beginning of each fiscal year, the Department shall meet and confer with the Office of the Chief Financial Officer (“OCFO”), the Office of Cont…

823 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5639 (July 10, 2009); as amended by Fi…

AGENCY SPENDING PLAN 824.1 No later than fourteen (14) days prior to the beginning of each fiscal year, each agency shall submit its spending plan as described in Section 824.5 for the fiscal year, in a manner designated by the Department. Spending plans for agencies that contrac…

AGENCY PROGRAM REPORTS 825.1 Quarterly reporting periods are as follows: October 1 through December 31, January 1 through March 31, April 1 through June 30, and July 1 through September 30. An agency shall provide the Department with a quarterly program report, containing informa…

826 AGENCY SET-ASIDE AND PREFERENCE PROGRAM IMPLEMENTATION When an entire solicitation has been placed in the small business enterprise (“SBE”) set-aside program pursuant to Sections 2344 and 2345 of the Act (D.C. Official Code §§ 2-218.44 and 2-218.45), the solicitation shall: S…

827 GOVERNMENT-ASSISTED PROJECT CERTIFIED BUSINESS ENTERPRISE SUBCONTRACTING Pursuant to Section 2346(a)(3) of the Act (D.C. Official Code § 2-218.46(a)(3)), a small business enterprise (“SBE”), local business enterprise (“LBE”), or disadvantaged business enterprise (“DBE”) shall…

828 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5642 (July 10, 2009); as amended by Fi…

829 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5643 (July 10, 2009); as amended by Fi…

830 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5643 (July 10, 2009); as amended by Fi…

831 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5644 (July 10, 2009); as amended by Fi…

832 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5644 (July 10, 2009); as amended by Fi…

833 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5646 (July 10, 2009); as amended by Fi…

834 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5647 (July 10, 2009); as amended by Fi…

835 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5648 (July 10, 2009); as amended by Fi…

836 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622 (July 10, 2009); as amended by Final Ru…

837 [RESERVED] SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622 (July 10, 2009); as amended by Final Ru…

838 EQUITY AND DEVELOPMENT PARTICIPATION Small investors, disadvantaged investors, or certified equity participants shall receive a minimum of 20% Equity Participation in any Covered Project. Small investor as defined by Section 2302 of the Act (D.C. Official Code § 2-218.02) mea…