BID AND PROPOSAL PREFERENCES FOR JOINT VENTURE

Bid and proposal preferences shall be assigned by the Department upon certification of a joint venture as follows:

(a) For joint ventures in which all venturers are CBEs, the joint venture shall be assigned: the points allotted to the majority CBE; or if there is no majority CBE, then the managing CBE; plus up to four (4) points for any CBE whose percentage of ownership in the joint venture is greater than thirty-five percent (35%) and less than or equal to fifty percent (50%); plus two (2) points for any CBE whose percentage of ownership in the joint venture is greater than twenty percent (20%) and less than or equal to thirty-five percent (35%). The total number of points allotted to the joint venture shall not exceed twelve (12).

(b) For joint ventures in which there are non-CBE participant(s), if the percentage of ownership of the CBE(s) in the venture is:

(1) More than fifty percent (50%) of the joint venture and the CBE(s) has(have) more than 50% control and collectively receive more than fifty percent (50%) of the profits of the joint venture, the joint venture shall receive the points allotted to the majority CBE;

(2) 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) points;

(3) Greater than or equal to twenty percent (20%) and less than or equal to thirty-five percent (35%), the joint venture shall receive two (2) points; or

(4) Less than twenty percent (20%), the joint venture shall receive zero (0) points.

(c) The percentage of ownership of each venturer shall be determined based on, but not limited to, the defined financial contribution and benefit, the work performed, the allocation of profits and fees, management control, and the labor contribution.

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, 5633 (July 10, 2009).