The definitions set forth in the Act are incorporated by reference into this chapter. As used in this chapter, the following words and phrases shall have the meanings ascribed:

Act - the Equal Opportunity for Local, Small and Disadvantaged Business Enterprises Emergency Act of 1992.

Applicant - an individual or business entity that has an application for certification or renewal of certification under the act and chapter 8 of this title pending before the Commission.

Application date - the date on which an application is received by the Commission.

Agency - any department, office or instrumentality of the District of Columbia government.

Building Construction- This includes LBEs that are general contractors of single family houses, residential buildings, industrial buildings and warehouses and other non-residential buildings and operative builders.

Certificate - a letter issued by the Commission which documents the fact that a firm is a certified Local, Small or Disadvantaged Business Enterprise (LBE, SBE, DBE).

Construction - the building, alteration, repair, or improvement of real property. This term does not include the operation or routine maintenance of real property.

Construction-Heavy Construction- This includes LBEs that provide highway and street construction; bridge, tunnel and elevated highway construction, water, sewer, pipeline and communications construction and heavy construction, except dredging.

Day - a calendar day.

Enterprise Zones - the following locations represent the economic development zones for the District:

(1) The Alabama Avenue economic development zone, which is bordered on the north by the east side of Fort Stanton Park, S.E. and Suitland Parkway, S.E. and the northern property line of St. Elizabeth's Hospital and Alabama Avenue, S.E., on the south by Southern Avenue, S.E., Alabama Avenue, S.E., on the south by Southern Avenue, S.E., on the northeast along Fort Baker to 28th Street, S.E. south on 28th Street to Denver Street, S.E., south on Denver Street, S.E., to Naylor Road, S.E., and southeast on Naylor Road, S.E., to Southern Avenue, S.E., and on the west by South Capital Street, S.E., as designated in Mayor's Order 86-193, dated October 27, 1986 (33 DCR 7798);

(2) The D.C. Village economic development zone, which is bordered by I-95 on the west and south, Martin Luther King, Jr., Avenue, S.W., on the east, and Laboratory Road, S.W., on the north, as designated in Mayor's Order 86-193), dated October 27, 1986 (33 DCR 7798);

(3) The Anacostia economic development zone, from the west span of the 11th Street Bridge, south to Martin Luther King, Jr. Avenue, S.E., and S Street, S.E., east on S Street, S.E., to Naylor Road, S.E., south to Altamont Place S.E. south to Good Hope Road, S.E. south along the west boundary of Fort Stanton Park to Suitland Parkway, S.E., crossing Suitland Parkway, S.E., at Robinson Place S.E., northwest along the north property-line of Saint Elizabeth's Hospital that includes approximately 40 acres adjacent to Barry Farms on the north property-line, including the area in and around the

Point, and adjacent to the I-295 expressway right of way on the south property line, to the west property-line of Saint Elizabeth's Hospital, south to the southern property-line of Saint Elizabeth's Hospital, east to Milwaukee Place, S.E., southeast to Martin Luther King, Jr. Avenue, S.E., south to Portland Street, S.E., west to South Capitol Street, S.E., north to Anacostia Drive, S.E., east to the west span of the 11th Street Bridge.

Fiscal year - October 1 of each year through September 30 of the following year.

General Services- This includes LBEs that provide complete information management services and architect and engineer services.

Goods and Equipment- This includes LBEs that provide food and kindred products, tobacco products, textile mill products, clothing, footwear and other products from similar materials, lumber and wood products, furniture, paper and allied products, printing, books, pharmaceutical goods, chemicals, petroleum oil lubricants, rubber and miscellaneous plastic products, janitorial or cleaning supplies, leather, stone, clay, or glass products, metal products, industrial supplies and equipment, electrical supplies and equipment, computer supplies and equipment, office supplies and equipment, vending machines, motor vehicles wall and floor coverings and hardware.

Legal holiday - any day designated as legal holiday by the President, the Congress, the Mayor or the Council of the District of Columbia, on the actual day the legal holiday is celebrated by the government of the District of Columbia.

Manufacturing - This includes LBEs that manufacture products for retail or wholesale distribution.

Participant - an owner, director, officer, or employee of a business entity.

Pleading- any motion, memorandum, brief, proposed decision or response thereto which is filed in connection with a matter concerning which a hearing has been scheduled or conducted.

Procurement - a contract, part of a contract, or subcontract for the acquisition by a using agency of construction and non-construction goods or services.

Professional Services- This includes LBEs providing catering, bakery services, miscellaneous retail, insurance agent and brokerage services, real estate services, consulting services, business services, automotive repair, parking, miscellaneous repair services, audio and visual production, health services, legal services, educational services, social services, research, management and related services, and accounting services.

Respondent - an applicant for or holder of a certificate against whom a denial or disciplinary action is proposed or taken.

Solicitation - an invitation for bids (IFB), request for proposals (RFP), or request for a sole source procurement.

Specialty Trade Contractors- This includes LBEs specializing in renovation and rehabilitation of single family and multi-family housing units, plumbing, heating, HVAC, electrical work, masonry, stone work, plastering, drywall, acoustical and insulation work, tile, marble and mosaic work, carpentry floor work, roofing, siding and sheet metal work, concrete work, water well drilling, structural steel erection, glass work, excavation work, demolition work, installation or erection of building equipment and base housing maintenance.

Using agency - an agency that acquires construction or non-construction goods and services, regardless of whether it has contracting authority with respect to the procurement.

SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992).