D.C. Mun. Regs. tit. 27, § 835
[Reserved]
Effective Oct 23, 200956 DCR 8439Authority: Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq. (“Act”), and Mayor’s Order 2009-58, dated April 15, 2009. 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, 5648 (July 10, 2009); as amended by Final Rulemaking published at 70 DCR 010970 (August 11, 2023).District of Columbia, Office of the Secretary
835
AGENCY CERTIFIED BUSINESS ENTERPRISES SUBCONTRACTING
835.1
When determining whether a prime contractor has willfully breached a subcontracting plan under section 2348 of the Act, the Department shall consider:
- (a) Notification of the Department by the prime contractor prior to the breach;
- (b) The prime contractor's efforts at replacing the subcontractor with another subcontractor certified by the Department in the same categories;
- (c) Changes in the business operation or certification of the subcontractor;
- (d) Changes in economic conditions from the time the plan was developed; and
- (e) The extent of the breach.
835.2
Notwithstanding § 835.2, failure to achieve at least ninety percent (90%) of the identified subcontracting expenditure shall create a rebuttable presumption of a willful breach.
835.3
Contracting officers seeking a waiver or modification of the subcontracting requirements of sections 2346 and 2350 of the Act shall submit to the Director a written request detailing the reasons that support waiver or modification, including the efforts of the contracting officer to secure CBE involvement, particularly SBEs. Such a request shall be submitted prior to the acceptance of bids or proposals.
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, 5648 (July 10, 2009).