Title 2 — Government Administration.

Repealed Repealed.

A business enterprise shall be eligible for certification as a local business enterprise if the business enterprise: (1) Has its principal office located physically in the District of Columbia; (2) Requires that its chief executive officer and the highest level managerial employe…

(a) A business enterprise shall be eligible for certification as a small business enterprise if the business enterprise: (1)(A) Is a local business enterprise; (B) Repealed. (2) Is independently owned, operated, and controlled; and (3)(A) Is certified by the United States Small B…

(a) A business enterprise shall be eligible for certification as a disadvantaged business enterprise if the business enterprise is: (1) Owned, operated, and controlled by economically disadvantaged individuals; and (2)(A) Is a local business enterprise; or (B) Repealed. (b) A bus…

Repealed Repealed.

A business enterprise shall be eligible for certification as a resident-owned business if it meets the definition of resident-owned business pursuant to § 2-218.02(15).

A business enterprise shall be eligible for certification as a longtime resident business if it meets the definition of longtime resident business pursuant to § 2-218.02(13).

A local business enterprise shall be eligible for certification as a local business enterprise with principal offices located in an enterprise zone if its principal offices are located in an enterprise zone as defined by § 2-218.02(8).

A business enterprise shall be eligible for certification as a veteran-owned business enterprise if the business enterprise: (1) Is a local business enterprise; (2) Is not less than 51% owned and operated by one of more veterans (as defined in 38 U.S.C. § 101(2)); (3) In the case…

A business enterprise shall be eligible for certification as a local manufacturing business enterprise if the business enterprise: (1) Is a local business enterprise; (2) Makes a product through a process involving raw materials, components, or assemblies, usually on a large scal…

(a) A joint venture shall be eligible for certification as a certified joint venture if the joint venture intends to submit a response to solicitation in which the joint venture will provide goods or perform services, and has a member that owns a majority or minority interest in …

(a) Each agency, including an agency that contracts or procures in whole or in part through the Office of Contracting and Procurement, shall exercise its contracting and procurement authority so as to meet, on an annual basis, the goal of procuring and contracting 50% of the doll…

To achieve the goals set forth in this subchapter, the Department shall establish by rules issued pursuant to § 2-218.72, programs for certified business enterprises. The Department shall include among these programs: (1) A bid preference mechanism for certified business enterpri…

(a) In evaluating bids or proposals, agencies shall award preferences as follows: (1) In the case of proposals, points shall be granted as follows: (A) Three points for a small business enterprise; (B) Five points for a resident-owned business; (C) Five points for a longtime resi…

(a) Except as provided in subsections (a-1) and (b) of this section or § 2-218.45, each agency shall set aside contracts or procurements of $250,000 or less for qualified small business enterprises. (a-1) If an agency determines in writing that there are not at least 2 qualified …

(a) Except as provided in subsections (b) and (c) of this section, each agency shall award contracts of $250,000 or less to a qualified small business enterprise included on the District of Columbia Supply Schedule. (b) If an agency determines in writing that there are not at lea…

(a) Except as provided in subsection (b) of this section, where a contract or procurement is awarded by a District agency to a small business enterprise or certified business enterprise, its follow-on or renewable acquisition shall be set aside for small business enterprises or c…

(a)(1) All construction contracts for government-assisted projects in excess of $250,000 shall include the following requirements unless a waiver has been approved in accordance with § 2-218.51: (A) At least 35% of the dollar volume of the contract shall be subcontracted to small…

The Mayor shall establish procedures to ensure that solicitations are subdivided and unbundled and that smaller contracts are created to the extent feasible and fiscally prudent.

(a) For any subcontracting plan required by law, the beneficiary shall be deemed to have breached the subcontracting plan for utilization of small or certified business enterprises in the performance of a contract if the beneficiary: (1) Fails to submit subcontracting plan monito…

(a) The Mayor shall establish policies and procedures to maximize the participation of certified business enterprises in the contracting and procurement processes, including: (1) A procedure whereby an agency may waive bid security requirements on contracts in excess of $100,000,…

(a)(1) In all development projects conducted pursuant to a disposition under § 10-801, small investors, disadvantaged investors, or certified equity participants shall invest a minimum of 20% of the total sponsor equity, excluding debt financing, mezzanine financing, or other equ…

Repealed Repealed.

(a) The subcontracting requirements of § 2-218.46 may be waived only if there is insufficient market capacity for the goods or services that comprise the project and such lack of capacity leaves the contractor commercially incapable of achieving the subcontracting requirements at…

(a) If an agency fails to meet any of the goals set forth in § 2-218.41, the Department may require that a portion of the agency’s contracts and procurements be made part of a set-aside program for small business enterprises. (b) The performance plan for each agency shall include…

(a) Each agency shall submit a quarterly report to the Department and to the District of Columbia Auditor within 30 days after the end of each quarter, except for the 4th quarter report. The 4th quarter and annual report shall be submitted together. When submitting a quarterly re…

(a) Within 45 days after its receipt of the annual reports required by § 2-218.53(b), the Department shall submit to the District of Columbia Auditor, through the Compliance Unit established part K of subchapter I of Chapter 3 of Title 1 [§ 1-301.181 et seq.], the following docum…

(a) Except as provided in subsection (b) of this section, a regional governmental entity shall be exempt from the requirements of this subchapter to the extent that the requirements of this subchapter impact on the regional governmental entity’s operations within the territory of…

(a) No business enterprise shall be permitted to participate in a program established under this part unless the business has demonstrated its capability to perform and has been issued a certificate of registration under the provisions of this subchapter. (b)(1) A business enterp…

Repealed Repealed.

(a) It shall be a violation of this subchapter and penalties shall be assessed if the Department determines that: (1) A beneficiary, certified business enterprise, or certified joint venture fails to comply with the requirements set forth in § 2-218.46, § 2-218.48, or § 2-218.49a…

(a)(1) Except as otherwise provided by law, a beneficiary, certified business enterprise, certified joint venture, or an individual may not: (A) Identify a small or certified business enterprise in a bid or proposal unless it: (i) Has obtained authorization from the small or cert…

The District of Columbia Auditor may conduct random audits of certification files to determine whether the Department followed the requirements set forth in § 2-218.61. The District of Columbia Auditor shall submit findings and recommendations to the Department and the Council.

(a) The Department shall provide the following services to certified business enterprises: (1) Specialized programs to assist certified business enterprises in securing capital and repairing damaged credit; (2) Informational seminars on securing credit and loans; and (3) Access t…

(a) There is established the Volunteer Corp of Executives and Entrepreneurs to provide mentoring, education, consulting, and networking services to certified business enterprises within the Department. Notwithstanding any other provision of law, the Volunteer Corp of Executives a…

(a)(1) Beginning with fiscal year 2011, the Department shall develop an annual job creation plan (“Plan”) for using District small business development resources as a catalyst for job creation and submit the Plan to the Council within 45 days of October 1st. (2) The Plan shall in…

The Department shall: (1) Identify contracts that are suitable for certified business enterprises; (2) Assist certified business enterprises in identifying and preparing for business opportunities made available under the American Recovery and Reinvestment Act of 2009, approved F…

(a) Every 3 years following October 20, 2005, the Department shall submit to the Council and the Mayor the results of an independent evaluation of the certified business enterprise programs. This evaluation shall compare the costs of contracts awarded pursuant to this subchapter …

(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement this subchapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. …

(a) For the purposes of this section, the term: (1) “Eligible recipient” means a business certified, or eligible to be certified, as a small business enterprise pursuant to § 2-218.32 or a disadvantaged business enterprise pursuant to § 2-218.33. (2) “Fund” means the Small Busine…

Repealed Repealed.

[Repealed or reserved.]

(a) Sections 2-215.03, 2-215.04, and 2-215.11 are repealed. (b) Subchapter IX of Chapter 2 of Title 2 [§ 2-217.01 et seq.] is repealed. (c) An order, rule, or regulation in effect under a law repealed by this section shall remain in effect under the corresponding provision enacte…

For the purposes of this part, the term: (1) “Beneficiary” means: (A) The signatory to a contract executed by the Mayor which involves any District of Columbia government funds, or funds which, in accordance with a federal grant or otherwise, the District government administers a…

(a) The Mayor shall maintain a First Source Register. The First Source Register is the Department of Employment Services Automated Applicant File, which consists of the names of unemployed District residents registered with the Department of Employment Services. (b) In compiling …

(a) The Mayor shall include for every government-assisted project or contract a requirement that the beneficiary enter into an employment agreement with the District of Columbia government which states that: (1) The first source for finding employees to fill all jobs created by t…

(a) Whenever the Mayor determines that the goal of increasing employment opportunities for District residents may be better served by establishing hiring goals in specific job categories for specific government-assisted projects or contracts, the Mayor may enter into agreements w…

The Mayor shall submit a semiannual report to the Council of the District of Columbia on January 31st and July 31st of each year. The report shall include, for each preceding 6-month period: (1) The number of government-assisted projects or contracts for which employment agreemen…

Within 120 days of February 24, 2012, the Department of Employment Services shall provide public access on its website to all employment agreements entered into in 2009 through the present and shall make available online all future employment agreements, their status of complianc…

(a)(1) By April 1, 2012, the Mayor shall establish a workforce intermediary pilot program for Fiscal Year 2012 based on Council and Mayor-approved recommendations made by the Workforce Intermediary Task Force established by the Workforce Intermediary Task Force Establishment Seco…