Equal Opportunity for Local, Small, and Disadvantaged Business Enterprises Amendment Act of 1999
Bill 13-241

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend 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 are located in the metro area and agree to contractual terms that lead to economic growth and job opportunities for District residents.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA that this act shall be cited as the "Equal Opportunity for Local, Small, and Disadvantaged Business Enterprises Amendment Act of 1999".

Sec. 2. Section 6 of the Equal Opportunity for Local, Small, and Disadvantaged Business Enterprises Act of 1998 (D.C. Act 12-580; 46 DCR 969) is hereby amended by adding a new paragraph (13A) to read as follows:

"(13A) 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.

"(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:

"(1) Provide substantially greater employment opportunities available to District residents that would be required under applicable laws and regulations, including, but not necessarily limited to, the First Source Employment Agreement Act and Mayor's Order No 85-85.

"(2) 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;

"(3) Enter into a mentoring relationship with one or more business enterprises that are certified as small or disadvantaged enterprises by the Commission; or

"(4) 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 resident.

"(C) For a mentoring relationship entered pursuant to item (iii) of subparagraph (C) to satisfy the requirements 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:

"(1) the nature of the project;

"(2) the benefits project-specific determinations would bring to the District and its residents; and

"(3) the composition of the contracting community with respect to such project.

"(E) The Commission shall establish rules to implement the procedures applicable to this subparagraph."

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in D.C. Act 12-580 (enrolled February 5, 1999) 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)). This fiscal impact statement is attached. There is no budget expenditure cost to implementation of 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 automatically expire on the second anniversary date of its enactment by the Council.

Sec. 5. Effective date.

This act shall take effect following approval by the Mayor (or in the event of a veto by the Mayor, action by the Council of the District of Columbia to override the veto), 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 Authority Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(c)), and a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.