Title 2 — Government Administration.

Repealed Repealed.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Repealed Repealed.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…

(a) There is established as a nonlapsing fund the District of Columbia Jobs Trust Fund, which shall be administered by the Deputy Mayor for Planning and Economic Development. The funds in the Fund shall be used solely for the purpose of establishing and operating the workforce in…

(a)(1) Except as provided in § 2-219.03(e)(1B) and (1C), within 180 days of February 24, 2012, the Mayor, pursuant to subchapter I of Chapter 5 of this title [§ 2-501 et seq.], shall issue rules to implement the provisions of the Workforce Act. (2) The proposed rules shall be sub…

This part may be cited as the “First Source Compliance Act of 2008”.

For the purposes of this part, the term: (1) “Executive Director” means the Executive Director of the Office of First Source Compliance. (2) “Office” means the Office of First Source Compliance. (3) “First Source Employment Agreement” means the requirements of part A of this subc…

Pursuant to § 1-204.04(b), the Council establishes, as of October 1, 2008, the Office of First Source Compliance, as a single administrative unit within the Department of Employment Services, to enforce, monitor, and ensure compliance with part A of this subchapter [§ 2-219.01 et…

(a) The Office shall: (1) Monitor and track each beneficiary of government-assisted projects in the District to ensure compliance with the First Source Employment Agreement; (2) Ensure that each beneficiary who is presently working on a governmental-assisted project or is bidding…

The Office shall be headed by an Executive Director appointed by the Mayor. The Executive Director shall be a resident of the District of Columbia or agree to become a resident of the District of Columbia within 180 days of appointment by the Mayor. The Executive Director shall e…

All nonprofit organizations, companies, associations, contractors, and subcontractors who receive a grant or funding under the American Recovery and Reinvestment Act of 2009, approved February 17, 2009 (Pub. L. No. 111-5; 98 Stat. 1861) (“ARRA”), shall: (1) As a condition of the …

(a) The Mayor, through the Department of Employment Services, shall create a listing of all jobs that have become available through grants or funding under the ARRA. (b) The Mayor, through the Department of Employment Services, shall maintain a list of ARRA-funded positions that …

This subchapter may be cited as the “Living Wage Act of 2006”.

For purposes of this subchapter, the term: (1) “Affiliated employee” means any individual employed by a recipient who received compensation directly from government assistance or a contract with the District of Columbia government (“District Government”), including any employee o…

(a) All recipients of contracts or government assistance in the amount of $100,000 or more shall pay their affiliated employees no less than the living wage. All subcontractors of recipients of these contracts that receive funds of $15,000 or more shall pay their affiliated emplo…

(a) All contracts and government assistance subject to this subchapter shall include the requirements under §§ 2-220.03, 2-220.06, 2-220.07, and 2-220.08. (b) Each recipient of a contract or government assistance shall notify each subcontractor subject to this subchapter of the r…

The following types of contracts, government assistance, and employment shall be exempt from the requirement of this subchapter: (1) Contracts or other agreements that are subject to higher wage level determinations required by federal law; (2) Existing and future collective barg…

Each recipient and subcontractor of a recipient shall provide to each affiliated employee covered by this subchapter a fact sheet concerning the payment and enforcement requirements under §§ 2-220.03 and 2-220.08, and shall also post a notice concerning these requirements in a co…

All recipients and subcontractors shall retain payroll records created and maintained in the regular course of business under District of Columbia law for a period of at least 3 years from the payroll date for employees subject to § 2-220.03.

The payment of wages, enforcement of non-payment, and penalties and remedies for non-payment required under this subchapter shall be consistent with and subject to the provisions of Chapter 13 of Title 32. Failure to pay wages in conformance with this subchapter shall constitute …

The Mayor may exempt a recipient from the requirements of this subchapter, subject to approval by the Council. Any entity requesting a waiver shall be required to demonstrate that the provisions of this subchapter will pose a significant financial hardship on the recipient that w…

The Mayor shall issue rules to implement the provisions of this subchapter.

(a) The requirements of this subchapter shall apply to contracts and agreements for government assistance (“agreement”) entered into after June 8, 2006, and shall not apply to any existing agreement entered into prior to that date. Where an agreement is renewed or extended after …

For the purposes of this subchapter, the term: (1) “Business concern” means any person engaged in a trade or business and nonprofit entities operating as contractors. (1A) “Contractor” means any entity that has a direct contract with a District agency, as that term is defined in …

(a)(1) In accordance with rules and regulations issued by the Mayor of the District of Columbia (“Mayor”), each agency of the District of Columbia government (“District”), under the direct control of the Mayor, which acquires property or services from a business concern but which…