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ENROLLED ORIGINAL
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A RESOLUTION
26-115
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
May 6, 2025
To declare the existence of an emergency with respect to the need to amend the Small and
Certified Business Enterprise Development and Assistance Act of 2005 to require a
business applying for certification as a local business enterprise to be independently
owned and operated, to amend minimum certified business enterprise performance
requirements in a certified joint venture, and to establish uniform hearing procedures for
enforcement actions.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Certified Business Enterprise Program Compliance and
Enforcement Support Emergency Declaration Resolution of 2025”.
Sec. 2. (a) A Certified Business Enterprise (“CBE”) is a business enterprise certified by
the Department of Small and Local Business Development (“DSLBD”) as a local business
enterprise.
(b) Businesses with CBE certification may receive preference when submitting bids or proposals
for procurement and contracting opportunities.
(c) There are currently over 2,000 businesses participating in the District’s CBE program.
(d) In 2021, 2022, and 2023, the Council passed a series of Local Business Enterprise
Clarification Emergency Amendment Acts (“the Acts”) that required local businesses
participating in the CBE program to be independently owned and operated, thereby furthering
the spirit of the Small and Certified Business Enterprise Development and Assistance Act of
2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.).
(e) Emergency legislation is needed to reinstate the most recent version of the provisions
passed by Council in the Acts.
(f) Further, following a recent revocation hearing before the Office of Administrative Hearings,
DSLBD determined that uniform hearing procedures for complaints needed to be established
expeditiously to ensure procedural consistency and fairness for businesses, as well as increased
effectiveness and efficiency in departmental compliance and enforcement procedures.
(g) Accordingly, emergency legislation is needed to maintain provisions passed by the
Council in the Certified Business Enterprise Program Compliance and Enforcement Support
ENROLLED ORIGINAL
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Emergency Amendment Act of 2024, which clarified and updated procedures under section
2363 of the act.
(h) Failure to move these amendments will have an adverse effect on CBE program
administration, agency operations, and agency compliance and enforcement mechanisms.
Sec. 3. The Council of the District of Columbia determines that the circumstances
enumerated in section 2 constitute emergency circumstances making it necessary that the
Certified Business Enterprise Program Compliance and Enforcement Support Emergency
Amendment Act of 2025 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.