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 enterprises;
(2) A set-aside program for small business enterprises; and
(3) A set-aside program for certified business enterprises for the District of Columbia Supply Schedule.
(Oct. 20, 2005, D.C. Law 16-33, § 2342, 52 DCR 7503; July 18, 2008, D.C. Law 17-207, § 2(g), 55 DCR 6107; Mar. 25, 2009, D.C. Law 17-353, § 243, 56 DCR 1117; Sept. 26, 2012, D.C. Law 19-171, § 12(b), 59 DCR 6190; June 10, 2014, D.C. Law 20-108, § 2(s), 61 DCR 3892.)
D.C. Law 17-207, in the introductory language, substituted “certified business enterprises” for “local and disadvantaged business enterprises, resident-owned businesses, resident businesses, and local business enterprises with principal offices located in an enterprise zone”; and, in par. (3), substituted “certified” for “local, small, and disadvantaged”.
D.C. Law 17-353 validated previously made technical corrections in the introductory language and par. (3).
The 2012 amendment by D.C. Law 19-171 substituted “certified business” for “local and disadvantaged business enterprises, resident-owned businesses, resident businesses, and local business” in (1).
The 2014 amendment by D.C. Law 20-108 deleted “with principal offices located in an enterprise zone” from the end of (1).
For temporary (90 day) addition, see § 2342 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
For temporary (90 day) amendment of section, see § 2(g) of Department of Small and Local Business Development Subcontracting Clarification, Benefit Expansion, and Grant-making Authority Emergency Amendment Act of 2007 (D.C. Act 17-156, October 18, 2007, 54 DCR 10919).
For temporary (90 day) amendment of section, see § 2(g) of Department of Small and Local Business Development Subcontracting Clarification, Benefit Expansion, and Grant-making Authority Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-251, January 23, 2008, 55 DCR 1259).
For temporary (90 days) repeal of D.C. Law 20-108, § 4(c), see § 7005 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) repeal of D.C. Law 20-108, § 4(c), see § 7005 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) repeal of D.C. Law 20-108, § 4(c), see § 7005 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
For temporary (225 day) amendment of section, see § 2(g) of the Department of Small and Local Business Development Subcontracting Clarification, Benefit Expansion, and Grant-making Authority Temporary Amendment Act of 2007 (D.C. Law 17-96, January 29, 2008, law notification 55 DCR 3403).
Applicability of D.C. Law 20-108: Section 4(a) of D.C. Law 20-108 provided that applications pending as of June 10, 2014, shall not be subject to the provisions of the act.
Section 4(b) of D.C. Law 20-108 provided that, except as provided in § 2-218.46(f), contracts existing or pending as of June 10, 2014, shall not be affected by the provisions of the act.
Section 4(c) of D.C. Law 20-108 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 4(c) of D.C. Law 20-108 was repealed by D.C. Law 20-155, § 7005.
Structure District of Columbia Code
Title 2 - Government Administration
Chapter 2 - Government Contracts and Business Development
Subchapter IX-A - Small and Local Business Enterprise Development and Assistance
Part D - Programs for Certified Business Enterprises
Subpart 2 - Requirements of programs
§ 2–218.41. Goals for District agencies with respect to contracting and procurement
§ 2–218.42. Required programs, procedures, and policies to achieve contracting and procurement goals
§ 2–218.43. Bid and proposal preferences
§ 2–218.47. Unbundling requirement; rulemaking requirement
§ 2–218.48. Enforcement and penalties for breach of subcontracting plan
§ 2–218.49. Other procedures and programs
§ 2–218.49a. Equity and development participation
§ 2–218.50. Special requirements for government corporations. [Repealed]
§ 2–218.51. Waiver of subcontracting requirements
§ 2–218.52. Enforcement mechanism against an agency
§ 2–218.53. Agency reporting requirements