Section 1695. Definitions  


Latest version.
  • As  used in this article, unless the context
      requires otherwise:
        a. "Chairman" means the chairman of the dormitory authority.
        b. "Minority business  concern"  means  a  socially  and  economically
      disadvantaged  applicant  concern which is owned or controlled by one or
      more persons who have been deprived of the opportunity  to  develop  and
      maintain  a  competitive  position  in  the economy because of social or
      economic disadvantages. Such  disadvantages  may  arise  from  cultural,
      social  or  economic  circumstances.  Such  persons include, but are not
      limited  to,  Black  Americans,  American  Indians,   Spanish-Americans,
      Oriental-Americans,  Eskimos,  Aleuts and servicemen in the armed forces
      during the Vietnam era.
        c. "Small business" means a business which is independently owned  and
      operated,  and  which  is  not  dominant  in the field of operation. The
      authority shall establish  a  detailed  definition  by  rule,  using  in
      addition to the foregoing criteria, other criteria, including the number
      of  employees and the dollar volume of business. When computing the size
      status of a bidder, annual sales and receipts of the bidder and  all  of
      its  affiliates  shall  be included. The maximum number of employees and
      the maximum dollar volume which a small  business  may  have  under  the
      rules  promulgated by the authority shall vary from industry to industry
      to the extent necessary to reflect  differing  characteristics  of  such
      industries  based  on  the  criteria  used by the federal Small Business
      Administration for loans to small businesses as  set  forth  in  Section   121.3-10   and  Schedules  A,  C  and  D  (or  for  awarding  government
      procurements as set forth in Section 121.3-S and Schedule B) of Part 121
      of Chapter I of Title 13 of the Code of Federal Regulations, as amended,
      subject  to  the  following  general  limitations   unless   the   above
      regulations  provide for other size or annual receipts standards for any
      industry or subindustry;
        (1) No wholesale business is a small business if its annual sales  for
      its  most recently completed fiscal year, nor is a construction business
      if its average annual receipts for the  preceding  three  fiscal  years,
      exceed five million dollars.
        (2)  No  retail  business  or  business  selling  services  is a small
      business if its annual sales and receipts exceed one million dollars.
        (3) No manufacturing business is a small business if it  employs  more
      than two hundred fifty persons.
        d. "Small business set-asides" means a purchase request for which bids
      are  to  be  invited  and  accepted  only  from  small businesses by the
      chairman.
        * NB There are 2 § 1695's