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ENROLLED ORIGINAL AN ACT IN THE COUNCIL
OF THE DISTRICT OF COLUMBIA
To amend, on an emergency basis, the Equal Opportunity for Local, Small. and
Disadvantaged Business Enterprises Act of 1998 to broaden the pool of prospective
bidders on the construction of the Washington Convention Center by permitting the District
of Columbia Local Business Opportunity Commission to certify small. local or disadvantaged
business enterprises that are not District-based, but that are located in the Washington
Standard Metropolitan Statistical Area and agree by contract to meet particular criteria.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Equal Opportunity for Local, Small, or Disadvantaged Business Enterprises
Emergency Amendment Act of 1999''.
Sec. 2. Section 6 of the Equal Opportunity for Local. Small, and Disadvantaged Business
Enterprises Act of 1998, effective April 27, 1999 (D.C. Law 12-268; to be codified at D.C.
Code §1-1153.5). is amended by adding a new paragraph ( I 3A) to read as follows:
''(13A)(A) Determine that a business enterprise that does not otherwise meet the
criteria of section 2(7), is a local business enterprise for the purposes of the
development and construction of the new Washington Convention Center, assuming the
criteria set forth in this paragraph are met.
"(B) A business enterprise shall be eligible for a determination of certification
if the business enterprise has its principal office located in the Washington Standard
Metropolitan Statistical Area and agrees by contract with the Washington Convention Center
Authority to meet at least 2 of the following 4 criteria:
"(i) Provide substantially greater employment opportunities to District residents
than would be required under applicable laws and regulations, including but not limited
to, the First Source Employment Agreement Act of 1984, effective June 29, 1984 (D.C. Law
5-93; D.C. Code §1-1161 et seq.). and Mayor's Order No. 85-85. issued June 10,
1985.
"(ii) Provide substantially greater subcontracting opportunities for business
enterprises that are certified as local, small, or disadvantaged business enterprises by
the Commission than would otherwise be required under applicable law;
"(iii) Enter into a mentoring relationship with one or more business enterprises
that are certified as small or disadvantaged enterprises by the Commission; or
"(iv) Joint venture with one or more business enterprises that are certified as
local, small. or disadvantaged and the constituent members of the joint venture so
certified realize a substantial portion of the joint venture as economic growth or job
opportunities for District residents.
"(C) For a mentoring relationship entered into pursuant to sub subparagraph
(B)(iii) of this paragraph. such relationship shall be documented in writing between the
certified small or disadvantaged business enterprise and the contractor to be certified
for a specific project, and shall be designed to assist the small or disadvantaged
business enterprise independently to compete more effectively. The mentoring relationship
must include meaningful assistance to the small or disadvantaged business enterprise in
obtaining bonding, capital, or future contracting opportunities.
"(D) The Commission may, on its own initiative or in response to a request from an
agency or instrumentality of the District of Columbia, decide that a specific project
undertaken or supported by such agency or instrumentality be eligible for project-specific
determinations. The Commission's decision shall take into account all relevant factors,
including, but not limited to:
"(i) The nature of the project;
"(ii) The benefits project-specific determinations would bring to the District and
its residents; and
"(iii) The composition of the contracting community with respect to such project.
"(E) The Commission shall establish rules to implement the procedures applicable
to this paragraph.
Sec. 3. Fiscal impact statement.
The Council adopts the fiscal impact statement in the Equal Opportunity for Local,
Small, and Disadvantaged Business Enterprises Act of 1998 (Bill 12-616) as the fiscal
impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act.
approved December 24, 1973 (87 Stat. 813; D.C. Code Section 1-233(c)(3)). There is no
budget expenditure cost to implement this amendment act. There is potential positive
revenue impact because of contractual agreements of vendors to generate economic growth
and hire District residents.
Sec. 4. Sunset provision.
This act shall expire 2 years from the effective date of the Equal Opportunity for
Local, Small. or Disadvantaged Business Enterprises Emergency Amendment Act of 1999,
passed by the Council on May 4, 1999 (Enrolled Version of Bill 13-225). If the Commission
believes there is a reason for extension of the law, the Commission shall vote on this
decision and forward a request to the Council to reconsider extending the law.
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by
the Mayor, action by the Council to override the veto) and approval by the Financial
Responsibility and Management Assistance Authority as provided in section 203(a) of the
District of Columbia Financial Responsibility and Management Assistance Act of 1995,
approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), and shall remain in
effect for no longer than 90 days, as provided for emergency acts of the Council of the
District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 788; D.C. Code §1-229(a)).
Chairman
Council of the District of Columbia
Mayor
District of Columbia |
