Section 27-838. EQUITY AND DEVELOPMENT PARTICIPATION PROGRAM

838.1 Local, Small, and Disadvantaged Business Enterprises (“LSDBEs”) shall receive a minimum of 20% Equity Participation and a minimum of 20% Development Participation in any Covered Project. 

 

838.2 For the LSDBE to be a Development Participant, an entity, including a special purpose entity, must be certified by the Department under the Act as an LSDBE.   

 

838.3 For the LSDBE to be an Equity Participant, an entity, including a special purpose entity, must be certified by the Department under the Act as an LSDBE.   

 

838.4 As appropriate, the Director may provide guidance to District agencies, business enterprises, and interested members of the public regarding the equity and development participation requirements. 

 

838.5 An Agency considering a solicitation for a Covered Project may contact the Department as needed to coordinate outreach efforts to Equity Participants and Development Participants and provide the Department with the specific details regarding the Covered Project. 

 

838.6 With respect to solicitations, including but not limited to Requests for Proposals (“RFPs”), Invitations for Bids (“IFBs”), Requests for Qualifications (“RFQs”), and Calls for Expressions of Interest, issued by District agencies in connection with Covered Projects.  The solicitation shall include the following:

(a) The Equity Participation and Development Participation requirements and an agreement that the party responding to the solicitation agrees to satisfy the Equity Participation and Development Participation requirements;

(b) A statement that the District is interested in Component Development by Development Participant(s) where feasible and consistent with the District’s goals with respect to the project for which the solicitation is issued; and

(c) A statement that the Equity Participation and Development Participation requirements are only minimum levels, and the District is interested in Covered Projects that exceed these minimum requirements.

 

838.7 The Director, or the Director’s designee, may review responses to solicitations for all Covered Projects to ensure that the responses are consistent with the equity and development participation requirements.

 

838.8 At least three (3) business days prior to the issuance of any request for proposals, request for qualifications, calls for expressions of interest or other similar documents relating to any Covered Project, the District agency involved shall notify the Director of its intent to issue such a document and prior to issuance provide the Director with an electronic copy of the document.  The Department may advertise such EDP Program opportunities on its website after the solicitation is issued.

 

 

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, 5684 (July 10, 2009).