(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;
(B) Repealed.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 or meets the definition of 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 averaged annualized gross receipts for the 3 years preceding certification not exceeding the limits established by rules issued pursuant to § 2-218.72.
(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.