Fla. Admin. Code Ann. R. 40E-7.669 - Definitions
(1) "Affiliate Business" means a business
that is a Subsidiary of or owned in part by another business concern. Entities
are affiliates of each other when one impacts the other by sharing resources,
officers, or directors that have any percentages of ownership, or controls or
has the power to control the other, or a third party or parties controls or has
the power to control both. It does not matter whether control is exercised, so
long as the power to control exists.
(2) "Applicant" is defined as the business
that is seeking District Certification or Recertification.
(3) "Business" is any entity which complies
with all statutes and regulations, specifically, any corporation, limited
liability company, partnerships, general partnerships, limited partnerships,
other for-profit entities, engaging in commerce, including but not limited to
manufacturing or a service with a federal tax identification number.
(4) "Certification" or "Recertification"
means the process by which the District determines that a business meets the
District's criteria for a Small Business Enterprise (SBE).
(5) "Commodity Code" A numeric system
designed to list commodities or services by classes and sub-classes. A numeric
identifier of supplies, materials, goods, merchandise, equipment or other
tangible personal property (purchase or lease), including the contractual
services.
(6) "Decertification" is
the process in which the District shall determine that an SBE no longer
complies with the District Certification criteria.
(7) "District Small Business Enterprise"
means a business certified by the District in either construction, commodities,
services or a combination thereof whose 3-year average gross receipts,
including Affiliate Businesses, shall not exceed $13 million if the business
provides construction, $5 million if the business provides commodities, and $6
million if the business provides services. A District SBE is registered to do
business with the State of Florida through the Division of Corporations and
holds the appropriate license(s) required by law to do business in the state of
Florida.
(8) "Government Agency"
means any state, county, regional or local government in Florida.
(9) "Gross Receipts" means the total sales
for the Applicant as specified in its Federal tax return or if it is a new
company which has not filed a Federal tax return, in its audited financial
statement before deductions for returned items, allowances, and
discounts.
(10) "Industry
Categories" means construction, commodities and services.
(11) "Non SBE Prime" means a business not
currently certified by the District as a Small Business Enterprise which
submits a bid or proposal for the purpose of being awarded a legally-binding
agreement as a Prime Contractor for the performance of work at a mutually
agreed-upon price in accordance with agreed-upon terms and conditions with the
District.
(12) "Prime Contractor"
means any individual or contracting entity with whom the District has entered
into a legally-binding agreement for performance of work at a mutually
agreed-upon price in accordance with agreed-upon terms and
conditions.
(13) "Reciprocal
Certification" means the SBE Certification by the District of an Applicant who
is actively certified by another Florida government agency.
(14) "Responsible" means a business that is
capable in all respects of fully performing the contract requirements and which
has the integrity and reliability that will assure good faith
performance.
(15) "Responsive" with
respect to bidders, bids, or proposals means a business's bid or proposal
conforms in all material respects to the invitation to bid or request for
proposal including all SBE goals set forth.
(16) "SBE Prime" means a business certified
by the District as a small business that submits a bid or proposal for the
purpose of being awarded a legally binding agreement as an SBE Prime contractor
for the performance of work at a mutually agreed-upon price in accordance with
agreed-upon terms and conditions with the District.
(17) "SBE Subcontractor" means a business
certified by the District having a direct contract with a contractor or with
any other Subcontractor for the performance of a part of the work.
(18) "SBE Utilization Plan" means Form No.
0956 Small Business Enterprise Subcontractor Participation Schedule and Form
No. 0957, Statement of Intent to Perform as a Small Business Enterprise
Subcontractor, both forms are incorporated by reference in paragraph (2)(a) of
Rule 40E-7.670 F.A.C.
(19) "Subsidiary" is defined as a Business
that another company has any ownership interest in.
Notes
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS.
New 8-3-06, Amended 8-29-07, 8-29-13, 12-9-20.
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