Sec. 1.
(a) The
following definitions apply throughout this article:
(1) "Application for MBE/WBE program waiver"
or "waiver application" means the document(s) submitted by a prime contractor
to the state requesting the contractor's exemption from the contract goal and
stating the reasons why the contractor requires the waiver.
(2) "Broker" means a business entity serving
as an intermediary who negotiates contracts of purchase and sale, without
assuming any risk of loss.
(3)
"Commission" means the governor's commission on minority and women's business
enterprises.
(4) "Commissioner"
means the commissioner of the department of administration defined at IC
4-13-1-2.
(5) "Contract" means any
contract awarded by a state agency for construction projects or the procurement
of goods or services, including professional services.
(6) "Contract goal" means a targeted amount
of participation as measured by the desired percentage of involvement by
minority and women's business enterprises.
(7) "Contractor" means a person or business
entity that contracts with a state agency to provide goods or
services.
(8) "Department" means
the Indiana department of administration.
(9) "Deputy commissioner" means the deputy
commissioner for minority and women's business enterprises of the department as
set forth in IC 4-13-16.5-1.
(10)
"M/WBE compliance review committee" means the committee that is responsible for
the appeal of specific contract issues. The committee consists of:
(A) the chairman of the governor's commission
on minority and women's business enterprises;
(B) the general counsel of the department;
and
(C) the director of the public
works or procurement division of the department; whichever is appropriate, or
their respective designees.
(11) "MBE/WBE program waiver" or "waiver"
means the document supplied by the state to the prime contractor that approves
the application for MBE/WBE program waiver.
(12) "MBE/WBE subcontractor plan" or "plan"
means the document supplied by prime contractors to the state (usually required
at the time of most bid submittals), which indicates the means whereby the
minority or women's business participation will be attained.
(13) "Minority business enterprise" or "MBE"
means an individual, partnership, corporation, limited liability company, or
joint venture of any kind that is owned and controlled by one (1) or more
persons who are:
(A) United States citizens;
and
(B) members of a minority
group.
(14) "Minority
group" means the following:
(A)
Blacks.
(B) American
Indians.
(C) Hispanics.
(D) Asian Americans.
(E) Other similar minority groups as defined
by
13 CFR
124.103.
(15) "Offeror" means any business entity that
makes an offer to enter into a binding contract for the provision of materials
or services to a state agency.
(16)
"Owned and controlled" means having:
(A)
ownership of at least fifty-one percent (51%) of the enterprise, including
corporate stock of a corporation;
(B) control over the management and active in
the day-to-day operations of the business; and
(C) an interest in the capital, assets, and
profits and losses of the business proportionate to the percentage of
ownership.
(17)
"Program" means the minority and women's business enterprises program as
administered by the department.
(18) "Qualifying member" means, for MBE
goals, any member of a minority group and, for WBE goals, a woman.
(19) "State agency" means any of the
following:
(A) An authority, board, branch,
commission, committee, department, division, or other instrumentality of the
executive, including the administrative department of state
government.
(B) An entity
established by the general assembly as a body corporate and politic.
(C) A state educational institution.
The term does not include the state lottery commission or the
Indiana gaming commission with respect to setting and enforcing goals for
awarding contracts to minority and women's business enterprises. The term does
not include the Indiana gaming commission to the extent the subject matter of
these rules conflict [sic., conflicts] with or are
[sic., is] otherwise covered by IC 4-33-14, et seq.
(20) "Subcontractor" or
"second tier contractor" means any person entering into a contract with a prime
vendor to directly furnish services or supplies toward the contract.
(21) "Supplier" or "distributor" means any
business entity supplying materials, but no significant on-site labor is
contributed in furtherance of the contract or to a vendor.
(22) "Vendor" means any person or business
entity that has entered into a binding contract for the provision of materials
or services to a state agency.
(23)
"Women's business enterprise" or "WBE" means an individual, partnership,
corporation, limited liability company, or joint venture of any kind that is
owned and controlled by one (1) or more persons who are:
(A) United States citizens; and
(B) whose gender is female.
(b) A reference to a
federal statute or regulation is a reference to the statute or regulation in
effect January 1, 2001.
(c)
Notwithstanding this section, with reference to business certification status
as a broker or supplier, historic purchasing practices, standards for the
industry, and risk of loss may be considered.