809. APPLICATION FOR JOINT VENTURES

809 ADVANCE PAYMENTS 809.1 Upon request by a certified SBE or DBE, the Commission may recommend that an agency make advance, partial or progress payments to a certified SBE or DBE pursuant to a contract for construction or non-construction goods and services, where the Commission finds that such payments are necessary to achieve the purposes of the Act and this chapter. 809.2 An SBE or DBE seeking a Commission recommendation for advance payments shall demonstrate that advance payments are necessary by submitting a written request which includes: (a) A complete contracting history of the SBE or DBE for the 12 month period prior to the request comprised of the following: (1) A listing and description of each public or private contract awarded to the SBE or DBE or partially performed by the SBE or DBE as a subcontractor or otherwise which indicates whether or not the SBE or DBE satisfactorily completed performance on each listed contract; and (2) Information on whether the SBE or DBE received advance payments for any contract listed and, if the contract was not satisfactorily completed, documentation of whether the SBE or DBE provided repayment. (b) A description, supported by documentation, of the efforts that have been made to secure private financing as well as the name and address of the SBE or DBE's depository bank; (c) Documentation that all District of Columbia taxes have been paid; (d) A cash flow projection for the specific contract; (e) A cash flow projection for the firm as a whole (excluding the contract in question) for the period for which contract financing is sought; (f) A current financial statement; and (g) Information of any previous or pending legal actions; including bankruptcy, filed by or against the SBE or DBE. SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992).