Missouri Code of State Regulations
Title 1 - OFFICE OF ADMINISTRATION
Division 10 - Commissioner of Administration
Chapter 17 - Office of Equal Opportunity
Section 1 CSR 10-17.010 - Definitions

Universal Citation: 1 MO Code of State Regs 10-17.010

Current through Register Vol. 49, No. 6, March 15, 2024

PURPOSE: This rule defines terms related to the state of Missouri's Minority and Women's Business Enterprise Program, established by the Office of Administration and administered by the Office of Equal Opportunity.

(1) For purposes of the state of Missouri's Minority and Women's Business Enterprise Program, established by the Office of Administration and administered by the Office of Equal Opportunity, the following definitions apply:

(A) Certification or certified-A determination made after an applicant has met the eligibility requirements to be qualified as a Minority Business Enterprise (MBE) or a Women's Business Enterprise (WBE) by the Office of Administration, Office of Equal Opportunity (OEO);

(B) Commissioner-The commissioner of the Office of Administration;

(C) Compliance-When a firm has met the requirements of these regulations, the applicable statutes, and the Minority and/or Women's Business Enterprise (M/WBE) provisions of its state contract;

(D) Contract-A legally-binding relationship obligating a contractor, subcontractor, or supplier to furnish goods or services and the buyer to pay for them. For the purposes of these regulations, leases and subcontracts may be considered contracts;

(E) Contractor-A firm that has a contract directly with the state of Missouri;

(F) Firm-A person or business lawfully existing under the laws of the state of Missouri or its state of origin, including but not limited to a sole proprietorship, corporation, partnership, limited partnership, joint venture, limited liability company (LLC), or professional corporation;

(G) Minority-Any individual who is a citizen or lawfully-admitted permanent resident of the United States and who is a member of any of the following groups:
1. Black Americans-Includes persons having origins in any of the black racial groups of Africa;

2. Hispanic Americans-Includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portugese culture or origin, regardless of race;

3. Native Americans-Includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians;

4. Asian-Pacific Americans-Includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Mariana Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong;

5. Asian-Indian Americans-Includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal, or Sri Lanka; or

6. Any additional groups whose members are designated as socially and economically disadvantaged by the U.S. Small Business Administration (SBA), at such time as the SBA designation becomes effective;

(H) Minority Business Enterprise (MBE)- The definition in section 37.020.1(3), RSMo, will be applied;

(I) Noncompliance-Failure by the contractor, subcontractor, or supplier to achieve the goals of M/WBE participation set forth in the contract;

(J) OA-The state of Missouri's Office of Administration;

(K) Out-of-state applicant-Any applicant whose principal place of business is located outside Missouri. Such applicants must be certified by their home state. Certification by another state does not guarantee certification by OEO;

(L) Principal place of business-Where the individuals who manage the day-to-day operations and make executive decisions for the firm are located and where its records are kept;

(M) Rapid response applicant-Any applicant whose principal place of business is in Missouri and who possesses a current M/WBE certification from another certifying entity. Rapid response applicants may receive certification from OEO through a memorandum of understanding. Less documentation is needed than for a standard/initial applicant, and an on-site review is not required. Certification by another certifying entity does not guarantee certification by OEO;

(N) Subcontractor-A firm that does not have a contract directly with the state of Missouri but instead contracts a portion of the work of a state contract from the contractor or another subcontractor;

(O) Standard/initial applicant-Any applicant whose principal place of business is in Missouri and who does not currently hold any other M/WBE certifications. OEO may perform an on-site review at the applicant's place of business after reviewing the application and documentation; and

(P) Women's Business Enterprise (WBE)-The definition in section 37.020.1(6), RSMo, will be applied.

*Original authority: 34.050, RSMo 1939, amended 1945, 1993, 1995 and 37.020, RSMo 1990.

Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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