LDBE CERTIFICATION REQUIREMENTS Clause Samples
The LDBE Certification Requirements clause establishes the obligation for contractors or vendors to obtain and maintain certification as a Local Disadvantaged Business Enterprise (LDBE). This typically involves submitting proof of certification from a recognized authority and ensuring that such status is current throughout the duration of the contract. The clause applies to businesses seeking to participate in projects or procurements where LDBE participation is mandated or incentivized. Its core function is to promote diversity and inclusion in contracting by ensuring that only qualified, certified LDBEs benefit from designated opportunities.
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LDBE CERTIFICATION REQUIREMENTS. To be certified by the Authority as an LDBE, a firm must be a small business concern which is organized for profit and which is located within a 100-mile radius of Washington, DC's zero mile marker. Those business entities located within counties that fall partially within the aforementioned boundary, are also eligible to participate in the Authority's program. A table of a representative list of zip codes that fall within this 100- mile radius is attached as Exhibit B. A “small business” is defined, for LDBE purposes, as a firm that is not dominant in its field, and that meets the Authority’s small business size standards for the goods it will be supplying or services it will be performing in this contract. The receipts of all affiliates of the LDBE applicant shall be counted in determining the size of the business. The applicable small business size standard(s) for this solicitation are listed in Exhibit C. The apparent successful offeror who claims LDBE status, and all subcontractors claiming LDBE status, must be certified as such by the Authority prior to award of this contract and are subject to an investigation to establish status as a local disadvantaged business enterprise, in accordance with the criteria specified in Section 14.6. The Contractor shall prompt, using reasonable measures, all LDBE firms participating in this contract, including itself, to renew their certifications and notify the Authority immediately of any change in status that would affect their eligibility for LDBE certification. If an LDBE certified firm participating in this contract outgrows the small business size standard (for example, the firm’s annual gross receipts increase sufficiently during the term of this contract to cause the three year average of the LDBE’s annual gross receipts to exceed the size standard) during the term of this contract, the firm will continue to be considered an LDBE for purposes of calculating LDBE participation for this contract until this contract expires, including any option years. If an LDBE certified firm participating in this contract becomes ineligible for LDBE certification for any reason other than growth during the term of this contract (e.g., the LDBE moves outside the local area or the LDBE is purchased by a large or non- local firm), the Authority reserves the right to require the Contractor to substitute a certified LDBE firm to perform the ineligible LDBE’s work under this contract.