Section 27-803. DISADVANTAGED BUSINESS ENTERPRISE; ADDITIONAL REQUIREMENTS

 

803.1  An applicant seeking certification as a Disadvantaged Business Enterprise (“DBE”), in addition to satisfying the requirements of a CBE, shall demonstrate to the Department that the individual(s) representing more than fifty percent (50%) of those who own, operate, and control the business enterprise are:

(a)  Socially disadvantaged because the individuals have faced chronic, non-fleeting instances of prejudice or bias without regard to their qualities as individuals over which they have no control due to their identity as members of a group as evidenced by the following:

(1)  Documentation proving that the individuals seeking socially disadvantaged status as members of a group hold themselves out as members of that group;

(2)  Documentation proving that the individuals seeking socially disadvantaged status have been isolated from the mainstream of American society in ways not common to business persons generally; and

(3)  Documentation proving that the individuals seeking socially disadvantaged status have personally suffered social disadvantage through treatment they have experienced; and

(b) Economically disadvantaged because of diminished opportunities that have precluded these individuals from successfully competing in the open marketplace as evidenced by documentation on the following:

(1)  The personal financial statement of the individual(s) seeking economically disadvantaged status;

  (2)  The financial condition of the business enterprise; and

(3)  The applicant's lack of access to credit and capital as compared to others in the same line of business.

803.2 An applicant seeking DBE certification shall provide the Department with a narrative describing how the owner or owners of more than 50% of the business interests is/are socially and economically disadvantaged as described in this section.  The applicant shall also provide the Department with the personal financial statement of the owner or owners claiming to be economically disadvantaged demonstrating that his or her personal net worth, excluding the value of his or her primary residence and the value of his or her ownership  interest in the CBE, is less than $1,000,000.

 

 

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, 5626 (July 10, 2009).