801.1 An applicant for certification with the Department shall submit, via the Department's website or as otherwise directed by the Department, a completed application that is signed and sworn to by the applicant, setting forth the basis for certification as a certified business enterprise ("CBE"), accompanied by documentation requested by the Department.

801.2 An applicant for certification shall also submit the following documentation:

1. (a) Business documentation, including business licenses or authorization to operate in the District, by-laws, operating agreements, certificates of clean hands and good standing, partnership agreements, joint venture agreements, and tax returns;

Copies of current financial or operating statements, including balance sheets, income statements, statements of retained earnings, and statements of cash flows, all of which must be current up to the ninety (90)-day period prior to the application date, along with federal and District of Columbia and applicable state tax returns, including all forms, schedules, worksheets and statements filed with the Internal Revenue Service, the District of Columbia and applicable states, for the three most recent years;

1. (b) Type, quantity, and location of equipment owned, and equipment which has been transferred or donated, including the supporting documents of these transfer or donation transactions, if applicable;
2. (c) Lease or ownership information for every location at which the applicant maintains an office as well as any space that the applicant has leased or purchased in the District relating to the business including, but not limited to, a warehouse, storage space, storage lots, and land;
3. (d) A list of all employees, including name, title, home address, and the office to which each employee reports; and
4. (e) Any other documentation the Department may require.

801.3 An applicant may also be required to demonstrate compliance with the requirements of Contracts and Procurement

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 and any affiliated locations;

(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 demonstrate compliance with the Act and these regulations.

801.4 An applicant currently certified as a CBE seeking to update their CBE certificate shall submit, via the Department's website or as otherwise directed by the Department, a complete application of changes requested that is signed and sworn to by the applicant and shall provide additional information and/or documentation required by the Act and this chapter, and any other information requested by the Department.

801.5 An applicant may withdraw an application submitted for certification, except that:

(a) An applicant that withdraws an application may not file another application for thirty (30) days from the date of withdrawal; and

(b) An applicant may not withdraw an application after the Department notifies the applicant that the Department intends to deny the application.

801.6 If the Department determines that the application submitted for certification is incomplete, the application shall be deemed deficient, and returned to the applicant until the applicant cures the deficiencies and resubmits the application.

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); as amended by Final Rulemaking published at 70 DCR 010970 (August 11, 2023).