Oregon Administrative Rules
Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT
Division 200 - CERTIFICATION PROCEDURES
Section 123-200-1100 - Definitions
Current through Register Vol. 63, No. 3, March 1, 2024
As used in these rules, the following terms shall have the following definitions, unless the context requires otherwise:
(1) "Agency" means the Oregon Business Development Department.
(2) "COBID" means the Certification Office for Business Inclusion and Diversity in the Oregon Business Development Department.
(3) "Commercially Useful Function" or "CUF" means function the firm performs when it is responsible for execution of the work of the contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. The firm must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.
(4) "Contribution" means a real and substantial contribution of money, tangible personal assets, and expertise to acquire ownership interest in the firm. A contribution is not a promise to contribute, an unsecured note payable to the firm or an owner who is not a disadvantaged individual, or mere participation in a firm's activities as an employee.
(5) "Control" or "controlled" means that operational and managerial control of all aspects of the business is true, real, and exercised by one or more qualifying individual(s).
(6) "Disadvantaged Business Enterprise" or "DBE" means a business that meets the eligibility standards for participation in United States Department of Transportation (USDOT) federally funded projects as described in 49 CFR parts 23 and 26 (2013 Edition).
(7) "Emerging Small Business" or "ESB" means an independent business or firm that meets the requirements described in OAR 123-200-1600.
(8) "Independence" or "Independent" means the business is not dependent upon any non-qualifying individual or firm.
(9) "Management Control" or "Management" means that the applicant has responsibility for the critical areas of business operations and has the demonstrated ability to make independent and unilateral business decisions needed to guide the future of the business.
(10) "Minority" means a person who is a citizen or lawful permanent resident of the United States and who is one of the persons described in (a) through (f) below.
(11) "Minority Business Enterprise" or "MBE" means a business owned and operated by a minority who meets the eligibility standards set out in OAR 123-200-1210 through 123-200- 1240. For the purposes of the certification programs, the rules recognize women as a separate group and not as a "minority" group.
(12) "Ownership" or "Owned" has the meaning set out in OAR 123-200-1220.
(13) "Public agency" or "agency" means every government officer, board, commission, department, institution, branch or agency of the government, whose costs are paid wholly or in part from funds held in the federal, state, county, or city treasury.
(14) "Principal place of business" means the place where the firm directs, controls, and coordinates its primary, high-level business activities; the address the firm uses to file Federal income taxes. If the firm uses a P.O. Box, the COBID may request additional documentation to verify location.
(15) "Qualifying Individual" means a person who COBID has determined meets the eligibility requirements in these rules for the type of certification being sought by such person. For example, a qualifying individual who is seeking certification as a VBE is a person who COBID determines meets all the qualifications of being a "veteran" as defined in these rules.
(16) Small Business" means a small business as defined in 13 CFR part 121 (e-CFR 2015 Edition). A small business shall not include any concern or group of concerns controlled by the same qualifying individual or individuals that have average annual gross receipts over the previous three fiscal years (including its affiliates) that exceed the cap as established yearly by the U.S. Small Business Administration (SBA).
(17) "Socially Disadvantaged Individuals" means individuals who are minorities, women, or any other individuals found to be disadvantaged by the SBA pursuant to Section 8(a)(5) of the Small Business Act and has the meaning set out in 49 CFR § 26.67 (e-CFR 2015 Edition).
(18) "Timely notice" as used in ORS 200.035, shall mean at the time the state agency publicly releases the contract and bid request solicitations.
(19) "Veteran Business Enterprise (VBE)" means a business owned by a Veteran who meets at least one of the following criteria:
(20) "Woman Business Enterprise" or "WBE" means a business owned and operated by a woman who meets the eligibility standards set out in OAR 123-200-1210 through 123-200-1240.
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 285A.070, ORS 285A.075(1)(a) & ORS 200.025(2)
Statutes/Other Implemented: ORS 200.005 & Oregon Laws 2023, chapter 497