ORS Chapter 200 — Disadvantaged Business

ORS 200.005. Definitions. As used in ORS 200.005 to 200.075, 200.110, 200.120, 200.160 to 200.200 and 279A.105: (1) Contracting agency has the meaning given that term in ORS 279A.010. (2) Contractor means a person that agrees to legally enforceable terms and conditions under which the person performs services or supplies materials in accordance with a contracting agencys specifications and for the purpose of accomplishing results the contracting agency intends, while retaining control of the means, methods and manner of performing the services or supplying the materials. (3) Disadvantaged business enterprise means a small business concern: (a) At least 51 percent of which one or more socially and economically disadvantaged individuals own; or (b) At least 51 percent of the stock of which, if the small business concern is a corporation, is owned by one or more economically disadvantaged individuals who also control and manage the daily business operations of the small business concern. (4) Economically disadvantaged individual means a socially disadvantaged individual for whom diminished capital and credit opportunities have impaired the individuals ability to compete in the free enterprise system as compared to other individuals in the same business area who are not socially disadvantaged individuals. (5) Emerging small business means an independent business concern that: (a) Has a principal place of business located in this state; (b) Qualifies as a tier one firm or a tier two firm; (c) Is properly licensed and legally registered in this state; and (d) Is not a subsidiary or parent company that belongs to a group of firms that the same individuals own or control if, in the aggregate, the group of firms does not qualify as a tier one firm or a tier two firm. (6) Minority individual means an individual who is a citizen or lawful permanent resident of the United States and is: (a) African American, having origins in any of the original peoples of Africa; (b) Hispanic, having Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race; (c) Asian American, having origins in any of the original peoples of East Asia, Southeast Asia, the Indian subcontinent or the Pacific Islands; (d) Portuguese, having Portuguese, Brazilian or other Portuguese culture or origin, regardless of race; (e) American Indian or Alaska Native, having origins in any of the original peoples of North America; or (f) Any other individual or member of another group that the Certification Office for Business Inclusion and Diversity determines is socially and economically disadvantaged. (7) Minority-owned business, woman-owned business or veteran-owned business means, as appropriate, a small business concern: (a) At least 51 percent of which one or more minority individuals, women or veterans own and control; or (b) At least 51 percent of the stock of which, if the small business concern is a corporation, is owned by one or more minority individuals, women or veterans who also control and manage the daily business operations of the small business concern. (8) Responsible bidder or proposer means a bidder or proposer that the Governors Policy Advisor for Economic and Business Equity determines has undertaken both a policy and practice of actively pursuing participation by minority-owned businesses, woman-owned businesses, veteran-owned businesses or emerging small businesses in all of the bidders or proposers bids or proposals, both public and private. (9) Small business concern means a small business, as defined by the United States Small Business Administration in 13 C.F.R. part 121, as in effect on January 1, 2016. (10) Socially disadvantaged individual means an individual who has been subjected to racial or ethnic prejudice or cultural bias, without regard to individual qualities, because of the individuals identity as a member of a group. (11) State contracting agency has the meaning given that term in ORS 279A.010. (12) Subcontractor means a contractor that does not have a direct contractual relationship with a contracting agency. (13) Tier one firm means a business that employs not more than 19 full-time equivalent employees and has average annual gross receipts for the last three years that do not exceed an amount that the Oregon Business Development Department specifies by rule. (14) Tier two firm means a business that employs not more than 29 full-time equivalent employees and has average annual gross receipts for the last three years that do not exceed an amount that the Oregon Business Development Department specifies by rule. (15)(a) Veteran means an individual who: (A) Served on active duty with the Armed Forces of the United States: (i) For a period of more than 90 consecutive days beginning on or before January 31, 1955, and was discharged or released under honorable conditions; (ii) For a period of more than 178 consecutive days beginning after January 31, 1955, and was discharged or released from active duty under honorable conditions; (iii) For 178 days or less and was discharged or released from active duty under honorable conditions because of a service-connected disability; (iv) For 178 days or less and was discharged or released from active duty under honorable conditions and has a disability rating from the United States Department of Veterans Affairs; or (v) For at least one day in a combat zone and was discharged or released from active duty under honorable conditions; (B) Received a combat or campaign ribbon or an expeditionary medal for service in the Armed Forces of the United States and was discharged or released from active duty under honorable conditions; (C) Is receiving a nonservice-connected pension from the United States Department of Veterans Affairs; (D) Is a disabled veteran, as defined in ORS 408.225; or (E) Has been a reserve officer or member of a National Guard unit for at least five years before the individual seeks a certification under ORS 200.055. (b) As used in paragraph (a) of this subsection, active duty does not include attendance at a school under military orders, except schooling incident to an active enlistment or a regular tour of duty, or normal military training as a reserve officer or member of an organized reserve or a National Guard unit. (16) Woman means a person of the female gender who is a citizen or lawful permanent resident of the United States.