Section 1699-M. Definitions

In this article:
    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 one million dollars.
    (2) No retail  business  or  business  selling  services  is  a  small
  business  if  its  annual  sales  and  receipts exceed two hundred fifty
  thousand 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.