Section 2-218.61 - Certificate of registration(a) No business enterprise shall be permitted to participate in a program established under this part unless the business has demonstrated its capability to perform and has been issued a certificate of registration under the provisions of this subchapter.(b)(1) A business enterprise seeking to be certified in a category under this subpart shall file with the Department a written application on such form as may be prescribed by the Department.(2) The application shall include, at a minimum, documents and information enumerated in rules established pursuant to § 2-218.72 and any other information the Department may require, and the following documents and information: (A) A certification of the correctness of the information provided;(B) Written evidence that the applicant is: (i) A bona fide local business enterprise;(ii) A bona fide disadvantaged business enterprise;(iii) A bona fide small business enterprise;(iv) A bona fide local business enterprise located in an enterprise zone;(v) A bona fide resident-owned business;(vi) A bona fide longtime resident business;(vii) A bona fide veteran-owned business enterprise; or(viii) A bona fide local manufacturing business enterprise;(C) Evidence of ability and character;(D) Evidence of financial position, which may be the applicant's most recent financial statement. For the purposes of this subparagraph, the term "recent" means produced from current data no more than 90 days prior to the application date;(E) Any other information the Department may require; and(F) Federal income taxes, both corporate and personal, as well as District taxes, both corporate and personal.(c) The Department shall issue the applicant a certificate of registration if: (1) The information provided in the application or additional filings is satisfactory to the Department;(2) The business enterprise meets the standards of this subchapter; and(3) The applicant fulfills other requirements as may be established by the Department.(c-1)(1) A certified business enterprise seeking a subsequent certificate of registration that has no material change in its business status shall be required to submit only a written application to renew its certificate of registration on a form as prescribed by the Department.(2) The application required pursuant to paragraph (1) of this subsection, shall include: (A) A no-change affidavit executed under penalty of perjury attesting that there has been no material change in the certified business enterprises' business status and that the certified business enterprise still meets the certification requirements required under this subpart; and(B) Proof of clean hands and good standing as required by §§ 47-2861 and 29-102.08 or the certified business enterprises' authorization that the Department may confirm clean hands and good standing with relevant District agencies.(3) A subsequent certificate of registration of a certified business enterprise that meets the requirements of this subsection shall be deemed approved upon filing of the written application.(d) A certificate of registration shall expire 3 years from the date of approval of the application. A business enterprise that is registered with the Department may voluntarily relinquish its registration as a certified business enterprise at any time prior to the expiration of the 3-year term.Oct. 20, 2005, D.C. Law 16-33, § 2361, 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-192, § 2132(i), 53 DCR 6899; Sept. 18, 2007, D.C. Law 17-20, § 2062(g), 54 DCR 7052; July 18, 2008, D.C. Law 17-207, § 2(p), 55 DCR 6107; Apr. 20, 2010, D.C. Law 18-141, § 2(n), 57 DCR 1485; Sept. 26, 2012, D.C. Law 19-171, § 13(c), 59 DCR 6190; June 10, 2014, D.C. Law 20-108, § 2(gg), 61 DCR 3892; Mar. 11, 2015, D.C. Law 20-234, § 2(d), 62 DCR 458.Applicability of D.C. Law 20-108: Section 4(a) of D.C. Law 20-108 provided that applications pending as of June 10, 2014, shall not be subject to the provisions of the act.
Section 4(b) of D.C. Law 20-108 provided that, except as provided in § 2-218.46(f), contracts existing or pending as of June 10, 2014, shall not be affected by the provisions of the act.
Section 4(c) of D.C. Law 20-108 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 4(c) of D.C. Law 20-108 was repealed by D.C. Law 20-155, § 7005.