Code of the District of Columbia

Subchapter IX-B. Small and Local Business Enterprise Development Assistance During the COVID-19 emergency.


§ 2–218.91. Certified Business Enterprise assistance.

(a) Notwithstanding subchapter IX-A of this chapter, or any other provision of District law or regulation, during the period of the COVID-19 emergency, any contract for a government-assisted project in excess of $250,000 that is unrelated to the District's response to the COVID-19 emergency but entered into during the COVID-19 emergency, absent a waiver pursuant to § 2-218.51, shall provide that:

(1) At least 50% of the dollar volume of the contract be subcontracted to small business enterprises; or

(2) If there are insufficient qualified small business enterprises to meet the requirement of paragraph (1) of this subsection, the subcontracting requirement may be satisfied by subcontracting 50% of the dollar volume ("CBE minimum expenditure") to any qualified certified business enterprises; provided, that best efforts shall be made to ensure that qualified small business enterprises are significant participants in the overall subcontracting work.

(b)(1) For every dollar expended by a beneficiary with a resident-owned business, the beneficiary shall receive a credit for $1.10 against the CBE minimum expenditure.

(2) For every dollar expended by a beneficiary with a disadvantaged business enterprise, the beneficiary shall receive a credit for $1.25 against the CBE minimum expenditure.

(3) For every dollar expended by a beneficiary that uses a company designated as both a disadvantaged business enterprise under § 2-218.33 and as a resident-owned business under § 2-218.02(15), the beneficiary shall receive a credit for $1.30 against the CBE minimum expenditure.

(c) For the purposes of this section, the term:

(1) "Beneficiary" has the same meaning as set forth in § 2-218.02(1B).

(2) "Best efforts" means that a beneficiary is obligated to make its best attempt to accomplish the agreed-to goal, even when there is uncertainty or difficulty.

(3) "COVID-19 emergency" means the emergencies declared in the Declaration of Public Emergency (Mayor's Order 2020-045) together with the Declaration of Public Health Emergency (Mayor's Order 2020-046), declared on March 11, 2020, including any extension of those declared emergencies.

(4) "Disadvantaged business enterprise" has the same meaning as set forth in § 2-218.33.

(5) "Government-assisted project" has the same meaning as set forth in § 2-218.02(9A).

(6) "Longtime resident business" has the same meaning as set forth in§ 2-218.02(13).

(7) "Resident-owned business" has the same meaning as set forth in § 2-218.02(15).

(8) "Small Business Enterprises" has the same meaning as set forth in § 2-218.32.

(d) Contracts entered into on an emergency basis or that are made in furtherance of, or that are related to, the District's response to the COVID-19 emergency shall not be subject to the requirements of subchapter IX-A of this chapter or subchapter X of this chapter.


(June 8, 2020, D.C. Act 23-328, § 203, 67 DCR 7598.)