§ 126.619. JSEB and Program eligibility.

(a)

Only businesses that meet the criteria of JSEBs may be certified for participation in the Program. The applicant has the burden of persuasion.

(b)

Only an independent firm may be certified as a JSEB. An independent business is one whose viability does not depend on its relationship with another firm. Recognition of an applicant as a separate entity for tax or corporate purposes is not necessarily sufficient to demonstrate that a firm is independent. The Director must determine that an owner has an independent business in order to certify the business as a JSEB. In doing so, the Director will take into account all reasonable criteria for reviewing control of a business.

(c)

The certification status of all JSEBs shall be reviewed annually by the Department. Failure of the firm to seek re-certification by filing the necessary documentation with the Department within 60 days from the date of receipt of written notification from the Department may result in de-certification.

(d)

It is the responsibility of the JSEBs to notify the Department of any change in its circumstances affecting its continued eligibility for the Program. Failure to do so may result in the firm's de-certification.

(e)

The Director shall decertify a firm that does not meet the eligibility criteria.

(f)

A JSEB may receive no more than five prime contracts set aside per year or an aggregate total prime contracts set aside per year in the amount of $4,000,000, which ever is greater.

(g)

Joint ventures between JSEBs and non-JSEBs are not eligible for the Program, unless they provide structured, detailed, mentoring opportunities, proof of which shall be provided to the Director.

(Ord. 2004-602-E, § 4; Ord. 2013-209-E, § 36)

Note— Former § 126.621. See editor's note, § 126.610.