D.C. Mun. Regs. r. 27-813
The Department may conduct periodic compliance reviews of certified business enterprises ("CBEs"), certified joint ventures, and beneficiaries to confirm ongoing compliance with the requirements of the Act and this chapter, including continuing certification eligibility and confirmation that CBEs are performing a commercially useful function.
In conducting a compliance review, the Department may perform spot checks and site visits, review documents, take photographs, and interview witnesses.
If, through a compliance review, the Department finds that a beneficiary, certified business enterprise ("CBE"), or certified joint venture has not complied with the Act and this chapter, the Department shall issue a notice which shall specify:
In the event that a CBE or certified joint venture fails to take corrective action within the timeframe specified in the notice, the Department may issue a notice to revoke the certification. The Department may also issue a fine to the CBE or certified joint venture in accordance with Section 2363 of the Act (D.C. Official Code § 2-218.63).
As part of confirming compliance, CBE subcontractors must cooperate with beneficiaries in the preparation of Quarterly Reports by submitting notarized/electronic Vendor Verification Forms (VVFs) confirming receipt of payment; and must immediately notify the Department in writing if there is reason to suspect a breach of the subcontracting plan.
The Department shall issue and serve on the beneficiary, CBE, or joint venture alleged to have committed a violation a written notice of violation, which shall explain the violation and related penalties, as well as procedures for seeking reconsideration and appeal.
Within twenty (20) days of receiving a notice of violation of Sections 2346 or 2348 of the Act, a respondent may submit a Request for Reconsideration, including any additional information that justifies modifying or rescinding the notice. Requests for Reconsideration received by the Department after twenty (20) days will not be considered. If, following receipt of the Department's response to the Request for Reconsideration, the Respondent disagrees with the Department's decision, the Respondent may submit a written appeal to the Office of Administrative Hearings, within twenty (20) days of receipt, pursuant to instructions included in the Notice.
Upon a finding that a CBE, certified joint venture, or beneficiary has engaged in conduct in violation of Section 2363(a)(3) of the Act (D.C. Official Code § 2-218.63(a)(3)), the Department may refer the matter to the Attorney General for the District of Columbia for civil action, and shall refer the matter to the Office of Contracting and Procurement ("OCP") for investigation and possible debarment, as well as a possible determination that the CBE, joint venture, or beneficiary shall be ineligible to be considered for government-assisted project with the District government for up to five (5) years.
D.C. Mun. Regs. r. 27-813