(a) A business enterprise shall be eligible for certification as a small business enterprise if the business enterprise:
(1)(A) Is a local business enterprise; or
(B) Repealed.
(2) Is independently owned, operated, and controlled; and
(3)(A) Is certified by the United States Small Business Administration as a small business concern under the Small Business Act, approved July 18, 1958 (72 Stat. 863; 15 U.S.C. § 631 et seq.); or
(B) Has had average annualized gross receipts for the 3 years preceding certification not exceeding the following limits:
(b) A business enterprise that is affiliated with another business enterprise through common ownership, management, or control shall be eligible for certification as a small business enterprise if:
(1) The business enterprise seeking certification as a small business enterprise is a local business enterprise;
(2) The consolidated financial statements of the affiliated business enterprises do not exceed the average annualized gross receipt limits established by subsection (a)(3)(B) of this section; and
(3) In the event of a parent-subsidiary affiliation, the parent company qualifies for certification as a small business enterprise.
(c) If a business enterprise seeking certification as a small business enterprise is affiliated only with one or more business enterprises that are in a different line of business, subsection (b) of this section shall not apply, and the business enterprise shall be eligible for certification as a small business enterprise if it meets the requirements of subsection (a) of this section.
CREDIT(S)
(Oct. 20, 2005, D.C. Law 16-33, § 2332, 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-192, § 2132(b), 53 DCR 6899.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-192 repealed subsec. (a)(1)(B); and, in subsec. (b)(1), deleted “or a qualified metropolitan area business enterprise” following “local business enterprise”. Prior to repeal, subsec. (a)(1)(B) read as follows:
“(B) Is a qualified metropolitan area business enterprise;”
Emergency Act Amendments
For temporary (90 day) addition, see § 2332 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
For temporary (90 day) amendment of section, see § 2132(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) amendment of section, see § 2132(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) amendment of section, see § 2132(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
Legislative History of Laws
For Law 16-33, see notes following § 2-218.01.
For Law 16-192, see notes following § 2-218.31.