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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 27. CONTRACTS AND PROCUREMENT |
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Chapter 27-8. LOCAL, SMALL AND DISADVANTAGED BUSINESS ENTERPRISES CONTRACTING |
Section 27-899. DEFINITIONS
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899.1 The definitions set forth in the Act are incorporated by reference into this chapter. As used in this chapter, the following words and phrases shall have the meanings ascribed:
Application date – the date on which an application is received by the Department.
Agency – any agency, department, office, board, commission, or instrumentality of the District of Columbia government, including but not limited to, an entity established as a government corporation, corporate body, or independent authority created to effectuate certain public purposes, with or without a legal existence separate from that of the District government, and any agency or subsidiary thereof.
Business Enterprise – a business entity organized for profit.
Certificate – a letter issued by the Department indicating that a firm is a business enterprise or joint venture certified pursuant to Part D of the Act.
Certified Business Enterprise (“CBE”) – any entity certified as a local business enterprise, small business enterprise, disadvantaged business enterprise, resident-owned business enterprise, longtime resident business enterprise and/or local business enterprise with principal offices located in an enterprise zone, as such terms are defined in the Act and codified at D.C. Official Code §§ 2-218.31, 2-218.32, 2-218.33, 2-218.35, 2-218.36, and 2-218.37, respectively.
Commission – the District of Columbia Small and Local Business Opportunity Commission, established by section 2321 of the Act.
Component Developer – an entity that solely develops a distinct part or subdivision of a Covered Project (e.g., one building out of a five building project).
Contracting Effort – for subcontracting purposes, may include the typical work performed by a general contractor selected as prime contractor on a project, including but not limited to, management duties and contract administration.
Contractor – means any natural person or business organization, such as a corporation, partnership, joint venture, limited liability company, or similar enterprise that enters into a contract with the District, a public employee, or private developer to provide goods and/or services.
Construction – the building, alteration, repair, or improvement of real property. This term does not include the operation or routine maintenance of real property.
Covered Project – any development project subject to Section 2349a of the Act.
Day – a calendar day.
Department – the Department of Small and Local Business Development, established by section 2311 of the Act.
Development Participant – a CBE that participates in one or more phases of project development in a Covered Project including project design, construction management, real estate finance, legal issues, real estate development, sales and marketing.
Development Participation – participation by a person or entity in one or more phases of project development including project design, construction management, real estate finance, legal issues, real estate development, sales and marketing.
Development Project – a private development or redevelopment of real property improvements on land disposed of by or leased from the District and private development or redevelopment of real property improvements to which the District has contributed through a grant at least 15% of the development costs or $500,000, whichever is less. Development Projects shall not include improvements on real property where the owner will occupy at least 25% of the real property and the development budget is $500,000 or less.
Director – the Director of the Department of Small and Local Business Development.
Disadvantaged Business Enterprise – a business enterprise as described in section 2333 of the Act (“DBE”).
Eligible Recipient – a CBE that meets the requirements of subsections 851.3 and 851.4 of this chapter.
Enterprise Zone – the following locations represent the economic development zones for the District:
(1) The area of the District designated as the District of Columbia Enterprise Zone under section 1400 of the Internal Revenue Code of 1986, approved August 5, 1997 (111 Stat. 863; 26 U.S.C. § 1400); or
(2) An economic development zone designated by the Mayor and approved by the Council pursuant to sections 1 through 4 of the Economic Development Zone Incentives Amendment Act of 1988, effective October 20, 1988 (D.C. Law 7-177; D.C. Official Code § 6-1501 et seq.).
Entity – an organization, including but not limited to, a government agency, corporation, partnership, limited liability company, sole proprietor, or trust.
Equity Participant – a CBE that provides capital or other monetarily valued services in exchange for an ownership interest in a Covered Project.
Equity Participation – an ownership interest acquired by an Equity Participant in any phase of a Covered Project, including the purchase, acquisition, protection, financing, construction, expansion, reconstruction, restoration, rehabilitation, repair, interpretation, furnishing, equipping and operation of a Covered Project.
Expendable Budget – the total budget of an agency, reduced by such funding sources, object classes, objects, and other items as shall be identified by the Department.
Fiscal year – October 1 of each year through September 30 of the following year.
Grant – as used in Chapter 8 of Title 27, grant shall mean a public subsidy for which the District does not anticipate repayment, such as a cash contribution, tax increment financing, payment in lieu of taxes, or similar programs or agreements. A Grant shall not include a public contribution for which the District anticipates repayment, such as a loan.
Joint Venture – a combination of property, capital, efforts, skills, or knowledge of two or more persons or businesses to carry out a single object.
Local Business Enterprise – a business enterprise as described in section 2332 of the Act (“LBE”).
Longtime Resident Business – a business which has been continuously eligible for certification as a local business enterprise, as defined in section 2331 of the Act, for 20 consecutive years, or a small business enterprise, as defined in section 2332 of the Act, for 15 consecutive years.
Qualified Responder – an individual or entity that seeks to develop a Covered Project and demonstrates the Development Participation and Equity Participation by one or more Equity Participants and Development Participants required by the Act.
Resident-Owned Business – a local business enterprise owned by an individual who is, or a majority number of individuals who are, subject to personal income tax in the District of Columbia.
Respondent – an applicant for or holder of a certificate against whom a denial or adverse action is proposed or taken.
Small Business Enterprise – a business enterprise as described in section 2332 of the Act (“SBE”).
Special Purpose Entity – a legal entity consisting of one or more members, at least one of which must be a CBE, formed to participate in the Equity and Development Program.
Sponsor Equity – the equity that is intended to be contributed by the non-institutional investors or by the private developer.
Sponsor Entity – an individual or an entity with the day-to-day responsibilities for a development project (e.g., a Managing Member, or a General Partner).
Supported by District funds – includes, but is not limited to, projects financed by any funds of or controlled by the District or any agency, such as funds from the General Fund, an Enterprise Fund, a trust fund, a special purpose fund, a revenue bond, a refunding bond, a note, loan, or other obligation issued by the District or any agency, a grant, tax increment financing, payments in lieu of tax, or similar financing tools.