S.C. Code Regs. 63-701 - Definitions
For the purposes of these regulations, the following terms shall have the meanings set forth below unless a different meaning is clearly required by the context in which the term is used.
A. Certified DBE--A business determined by
the Department to be a bona fide Disadvantaged Business Enterprise (DBE)
pursuant to these regulations and 49 CFR Part 26 and whose certification status
is in good standing with the Department.
B. Certification--A certification by the
Department that a firm is a bona fide Disadvantaged Business Enterprise (DBE)
pursuant to the standards set forth in these regulations and 49 CFR Part
26.
C. Controlled--Having the
primary power to direct the management and day to day operations of a business
in accordance with the requirements for control set forth in 49 CFR Part
26.
D. Department--The South
Carolina Department of Transportation.
E. Disadvantaged Business Enterprise
(DBE)--As set forth in 49 CFR Part 26, a for-profit small business concern
owned and controlled by one or more individuals who are socially and
economically disadvantaged, which may include businesses owned by ethnic
minorities (MBE) or disadvantaged females (WBE).
F. Disadvantaged female--A woman who is (1) a
citizen of or a lawfully admitted permanent resident of the United States; and,
(2) found by the Department to be socially and economically disadvantaged
pursuant to the standards set forth in these regulations and 49 CFR Part
26.
G. Economically
disadvantaged--A finding by the Department that a socially disadvantaged
individual's ability to compete in the free enterprise system has been impaired
due to diminished capital and credit opportunities, as compared to others in
the same or similar line of business and competitive market area who are not
socially disadvantaged as set forth in 49 CFR Part 26.
H. Ethnic minorities--Persons who are (1)
citizens or lawfully admitted permanent residents of the United States; and,
(2) Black Americans, Hispanic Americans, Native Americans, or members of other
racial or national groups; and, (3) found to be socially and economically
disadvantaged by the Department pursuant to the standards set forth in these
regulations and 49 CFR Part 26.
I.
Firm--A business concern which is organized in any form other than a joint
venture (e.g. sole proprietorship, partnership, corporation) and which is
engaged in lawful commercial transactions.
J. Minority Business Enterprise (MBE)--A
disadvantaged business enterprise owned and controlled by one or more
individuals who are socially and economically disadvantaged ethnic
minorities.
K. "Non-bonded project
or contract"--A set aside project or contract in which the Department has
waived bond and is acting as bonding agent pursuant to subsection (E) of
Section
12-28-2930
of the Code of Laws of South Carolina (1976), as amended.
L. Office of DBE Program Development--The
office within the Department primarily responsible for certification of DBEs
and compliance with State and Federal DBE Program requirements.
M. Official Engineer--The State Highway
Engineer of the South Carolina Department of Transportation, acting directly or
through his duly authorized representative.
N. Owned--Ownership and control of at least
fifty-one percent of a business, or if the business is publicly owned,
ownership of at least fifty-one percent of the stock of the business.
O. Small business concerns--Those business
entities defined pursuant to Section 3 of the Small Business Act (
15
U.S.C. 632 ) and Title 13 C.F.R. Part 121,
which regulations are incorporated herein by reference and made a part of these
regulations; except that such term shall not include any concern or group of
concerns controlled by the same socially and economically disadvantaged
individual or individuals which have average annual gross receipts over the
preceding three fiscal years in excess of $16.6 million as adjusted by the
Secretary of the United States Department of Transportation for
inflation.
P. Set aside--A
technique which limits consideration of bids for contracts to those submitted
by certified DBEs, which technique is only available under the State DBE
Program, not the Federal DBE Program.
Q. State DBE Program--The program mandated by
Section
12-28-2930
of the Code of Laws of South Carolina (1976), as amended, and implemented by
the Department pursuant to these regulations.
R. Socially disadvantaged--A finding by the
Department that an individual has been subjected to prejudice or cultural bias
because of the individual's race, color, sex or ethnic origin without regard to
the individual's individual qualities or capabilities in accordance with 49 CFR
Part 26.
S. Woman-Owned Business
Enterprise (WBE)--A disadvantage business enterprise owned and controlled by
one or more disadvantaged females.
Notes
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No prior version found.