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Council Period 12
Council Period 13
|Councilmember Charlene Drew Jarvis
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
"(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
Sec. 4. Sunset provision.
This act shall automatically expire on the second anniversary date of its enactment by
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.