South Carolina Code of Regulations
Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM
Section 63-701 - Definitions
Current through Register Vol. 48, No. 3, March 22, 2024
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.
