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Councilmember Wendell Felder2
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A PROPOSED RESOLUTION6
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA10
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To declare the existence of an emergency with respect to the need to amend the Small and 14
Certified Business Enterprise Development and Assistance Act of 2005 to require a 15
business applying for certification as a local business enterprise to be independently 16
owned and operated, to amend minimum certified business enterprise performance 17
requirements in a certified joint venture, and to establish uniform hearing procedures for 18
enforcement actions.19
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RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
resolution may be cited as the “Certified Business Enterprise Program Compliance and 22
Enforcement Support Emergency Declaration Resolution of 2026”.23
Sec. 2. (a) A Certified Business Enterprise (CBE) is a business enterprise certified by the 24
Department of Small and Local Business Development (DSLBD) as a local business enterprise. 25
(b) Businesses with CBE certification may receive preference when submitting bids or 26
proposals for procurement and contracting opportunities.27
(c) There are currently over 2,000 businesses participating in the District’s CBE Program. 28
(d) In 2021, 2022, 2023, the Council passed a series of Local Business Enterprise 29
Clarification Emergency Amendment Acts (“the Acts”) that required local businesses 30
participating in the CBE Program to be independently owned and operated thereby furthering the 31
spirit of the Small and Certified Business Enterprise Development and Assistance Act of 2005, 32
effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.). 33
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(e) Emergency legislation is needed to reinstate the most recent version of the provisions 34
passed by Council in the Acts, which expired on March 29, 2026. 35
(f) Further, following a revocation hearing before the Office of Administrative Hearings, 36
DSLBD determined that uniform hearing procedures for complaints needed to be established 37
expeditiously to ensure procedural consistency and fairness for businesses, as well as increased 38
effectiveness and efficiency in departmental compliance and enforcement procedures. 39
(g) Accordingly, emergency legislation is needed to maintain provisions passed by the 40
Council in the Certified Business Enterprise Program Compliance and Enforcement Support 41
Temporary Amendment Act of 2025 that clarified and updated procedures under section 2363 of 42
the Act. 43
(h) Failure to move these amendments will have an adverse effect on CBE program 44
administration, agency operations, and agency compliance and enforcement mechanisms. 45
Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute 46
emergency circumstances making it necessary that the Certified Business Enterprise Program 47
Compliance and Enforcement Support Emergency Amendment Act of 2026 be adopted after a 48
single reading. 49
Sec. 4. The Secretary of the Council shall transmit a copy of this resolution, upon its 50
adoption, to the Mayor of the District of Columbia. 51
Sec. 5. This resolution shall take effect immediately. 52