811. ABID AND PROPOSAL PREFERENCES FOR JOINT VENTURE

811 APPLICATION FOR LOCAL, SMALL AND DISADVANTAGED BUSINESS ENTERPRISES 811.1 An applicant for local, small and disadvantaged business enterprise certification, reinstatement or renewal shall submit to the Commission a completed application that is signed and sworn to by the applicant, and accompanied by documentation as prescribed in the application including but not limited to: (a) Compliance with the requirements of the Act, this chapter, and other District of Columbia laws that are applicable to the applicant's business: 1. By permitting the Commission staff to enter and conduct an on-site inspection of the applicant's business premises; and 2. By providing the Commission staff, during the on-site inspection, with immediate access to any records or area of the premises that the Commission staff deems necessary to review to determine whether the applicant is in compliance with the above laws; (b) The name, mailing address, street address, and telephone number of the applicant; (c) Identification of all owners, directors, and officers by name, position, duties and responsibilities associated with the business, actual operating authority, and percentage of ownership; and (d) Evidence of authority to do business in the District of Columbia, including D.C. business licenses, occupancy permits, tax numbers, worker's compensation forms, lease agreements, and other information requested by the Commission. 811.2 An applicant for certification as a local, small or disadvantaged business enterprise shall establish that the business enterprise is a local business enterprise by supplying evidence that: (a) The business enterprise's principal office is physically located in the District of Columbia; or (b) The business enterprise satisfies at least four of the following requirements: (1) The applicant's principal office is physically located in the Washington Standard Metropolitan Statistical Area; (2) More than thirty percent (30%) of applicant's assets are physically located in the District of Columbia; (3) More than fifty percent (50%) of the applicant's employees are residents of the District of Columbia; (4) The owners of more than fifty percent (50%) of the business enterprise are residents of the District of Columbia; (5) More than thirty percent (30%) of the applicant's gross income is derived from business transactions in the District of Columbia; and (6) Any other factors which demonstrate that the applicant has engaged in significant business or economic activities in the District of Columbia during the one-year period prior to the application date, including but not limited to, execution of employment agreements with the Department of Employment Services; use of a District of Columbia bank as its principal banking institution; use of other LBEs, SBEs and DBEs as suppliers and subcontractors; or that the applicant's business is unique. 811.3 An applicant for certification shall demonstrate that the applicant: (a) Is licensed pursuant to "An Act making appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June 30, 1903, and for other purposes," 32 Stat. 622 (1902), D.C. Code section 47-2801 et seq. (1981 & Supp. 1987); or (b) Is subject to the tax levied pursuant to Title X of the "District of Columbia Income and Franchise Tax Act of 1947," 61 Stat. 3349 (1947), D.C. Code Section 47-1810 et seq. (1987 & Supp. 1988). 811.4 For the purposes of this chapter, the term "principal office" means the primary office (based upon the totality of the business activities) in which routine and essential business functions occur such as the following: (a) Bookkeeping and other recordkeeping; (b) Payroll maintenance; (c) Receipt of business telephone calls; (d) Receipt of correspondence; (e) Storing of books and records; and (f) Directing, controlling and coordinating activities and policies and policies by officers, principals and managers. SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992).