Section 27-801. APPLICATION FOR CERTIFIED BUSINESS ENTERPRISE STATUS

801.1  An applicant for certification with the Department shall submit a completed application that is signed and sworn to by the applicant, setting forth the basis for certification as a CBE, accompanied by documentation requested by the Department.

801.2  An applicant for certification, along with the application, shall also submit documentation that includes, but is not limited to:

(a)  Business documentation, including articles of incorporation, by-laws, certificates of good standing, stock voting rights, minutes of  organizational meetings, partnership agreements, profit sharing agreements, buy-out rights, joint venture agreements, tax returns, and annual reports;

(b)Stock options or other ownership options which are outstanding, evidence of loans or other debts between owners, evidence of loans or other debts between owners and third parties which are related to the business, and identification of trusts affecting the finances or control of the business;

(c) Copies of current financial or operating statements, including balance sheets, income statements, statements of retained earnings, and statements of cash flows, being current up to the ninety-day period prior to the application date, along with federal and District of Columbia and/or applicable state tax returns for the past three most recent years;

(d) Type, quantity, and value of equipment owned;

(e) Bonding limit, name of bonding company, sources of letters of credit, other sources of capital and other financing, and trade references;

(f) Experience of firm owners and managers in areas such as supervision; accounting, bookkeeping, and other recordkeeping; use of suppliers; and use of equipment;

(g) Lease or ownership information for every property at which the applicant maintains an office;

(h) A list of all employees, including name, home address, and the office to which he or she reports; and

(i)Any other documentation the Department may require.

 

801.3 An applicant may also be required to demonstrate compliance with the requirements of the Act, this chapter, and other laws of the District of Columbia.  In furtherance of such demonstration, the applicant shall:

(a)  Permit the Department to enter and conduct an on-site inspection of the applicant's business premises;

(b) Provide the Department, during the on-site inspection, with immediate access to any records or area of the premises that the Department deems necessary to review to determine whether the applicant is in compliance with the Act and these regulations; and

(c) Provide any other information the Department deems necessary to evidence compliance with the Act and these regulations. 

 

801.4 An applicant currently certified as a CBE seeking an upgrade shall submit to the Department an upgrade application that is signed and sworn to by the applicant and shall provide additional information and/or documentation indicating the applicant’s qualifications for the upgrade, which may include but not be limited to:

(a)A detailed resume of all individuals that the Department is to consider;

(b)  Transcript from a university or other institution indicating education or training in an area related to the upgrade; and

 (c)  Any other information requested by the Department.

 

 

authority

Section 2372 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005 (Act), effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.72)(2009 Supp.) and Mayor’s Order 2009-58, dated April 15, 2009.

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, 5623 (July 10, 2009).