803. SMALL BUSINESS ENTERPRISE; ADDITIONAL REQUIREMENTS

803 SET-ASIDE AND PREFERENCE PROGRAM QUARTERLY REPORTS 803.1 Each agency shall submit quarterly reports to the Commission that shall specifically set forth, for the quarter, the information required by this section. 803.2 Each agency shall set forth complete information in its quarterly reports on all contracts it executed as a using agency. 803.3 Quarterly reports shall set forth the following information: (a) The construction contracts awarded by the agency; (b) The non-construction contracts awarded by the agency; (c) The construction contracts that the agency has awarded to LBEs, SBEs or DBEs; (d) The non-construction contracts that the agency has awarded to LBEs, SBEs or DBEs; (e) The particular dollar amounts relating to the contracts and percentages of contracts specified in each of the above paragraphs of this subsection; (f) The month of each contract award; (g) The dollar amount of all expenditures by object code; (h) The dollar amount of all expenditures with certified LBEs, SBEs or DBEs by object code; (i) The percentage of all expenditures with certified LBEs, SBEs or DBEs by object code; (j) The names of all certified LBEs, SBEs and DBEs, utilized and the total dollar amounts expended (contracts or subcontracts) with each certified LBE, SBE or DBE; and (k) Any supporting documentation that the Commission may require. 803.4 Each agency shall base the information required by section 803.3 agency procurement expenditures for the time periods covered by the report. 803.5 Quarterly reporting periods are as follows: October 1 through December 31, January 1 through March 31, April 1 through June 30, and July 1 through September 30. 803.6 Each agency shall submit quarterly reports on Commission forms within thirty (30) days after the end of each quarter, unless the Commission grants an extension in writing pursuant to section 803.7. 803.7 The Commission shall grant an extension of the deadline for submission of a quarterly report if an agency submits, prior to the expiration of the quarter, a request for an extension of the deadline for submission of the report which establishes good cause, as determined by the Commission, for the extension, as well as the time within which the agency will submit the report. 803.8 If an agency cannot include with a quarterly report all the information required by this section, it shall submit with the report a statement and supporting documentation which establishes good cause for the failure as well as the manner and time in which the agency will submit the required information. 803.9 If an agency's quarterly report indicates that the agency has failed to meet the program goals set forth in section 801.3 or in its Commission-approved procurement plan, the agency shall submit with its report: (a) Evidence which establishes good cause, as determined by the Commission, for the failure; and (b) The specific steps it will take to remedy the failure, and supporting documentation. 803.10 The Commission shall notify an agency in writing of any deficiencies in the agency's quarterly report within two months of its receipt of the report. 803.11 If an agency's quarterly report contains deficiencies, the Commission's notification under section 803.10: (a) Shall identify the deficiencies in the report and require that the deficiencies be remedied within a stated time period; (b) May require that the agency submit supporting documentation relating to the required elements of the report; and (c) May include recommendations concerning how best to remedy the deficiencies in the report, including attendance at meetings with the Commission or its staff. SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992).