811.1If the Department determines that a certified business enterprise (“CBE”) owns a majority interest in the joint venture, the Department shall assign bid and proposal preferences, as provided in Section 2339a(h) of the Act (D.C. Official Code § 2- 218.39a(h)), upon certification of the joint venture.

811.2If the Department determines that a CBE owns a minority interest in the joint venture, the Department shall assign bid and proposal preferences if the percentage of ownership of the CBE(s) in the joint venture is as follows:

1. (a) Greater than or equal to thirty-five percent (35%) and less than or equal to fifty percent (50%), the joint venture shall receive up to four (4) preferences;
2. (b) Greater than or equal to twenty percent (20%) and less than thirty-five percent (35%), the joint venture shall receive up to two (2) preferences; or
3. (c) Less than twenty percent (20%), the joint venture shall receive zero (0) preferences.

811.3Notwithstanding Subsection 811.2, and pursuant to Section 2339a(h)(2) of the Act (D.C. Official Code § 2-218.39a(h)(2)), in no event shall the preference exceed fifty percent (50%) of the preference that would otherwise be applicable to the CBE joint venture partner.

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, 5631 (July 10, 2009); as amended by Final Rulemaking published at 70 DCR 010970 (August 11, 2023).