Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.669 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Affiliate Business" means a business
				that is a Subsidiary of or owned in part by another business concern. Entities
				are affiliates of each other when one impacts the other by sharing resources,
				officers, or directors that have any percentages of ownership, or controls or
				has the power to control the other, or a third party or parties controls or has
				the power to control both. It does not matter whether control is exercised, so
				long as the power to control exists.
(2) "Applicant" is defined as the business
				that is seeking District Certification or Recertification.
(3) "Business" is any entity which complies
				with all statutes and regulations, specifically, any corporation, limited
				liability company, partnerships, general partnerships, limited partnerships,
				other for-profit entities, engaging in commerce, including but not limited to
				manufacturing or a service with a federal tax identification number.
(4) "Certification" or "Recertification"
				means the process by which the District determines that a business meets the
				District's criteria for a Small Business Enterprise (SBE).
(5) "Commodity Code" A numeric system
				designed to list commodities or services by classes and sub-classes. A numeric
				identifier of supplies, materials, goods, merchandise, equipment or other
				tangible personal property (purchase or lease), including the contractual
				services.
(6) "Decertification" is
				the process in which the District shall determine that an SBE no longer
				complies with the District Certification criteria.
(7) "District Small Business Enterprise"
				means a business certified by the District in either construction, commodities,
				services or a combination thereof whose 3-year average gross receipts,
				including Affiliate Businesses, shall not exceed $13 million if the business
				provides construction, $5 million if the business provides commodities, and $6
				million if the business provides services. A District SBE is registered to do
				business with the State of Florida through the Division of Corporations and
				holds the appropriate license(s) required by law to do business in the state of
				Florida.
(8) "Government Agency"
				means any state, county, regional or local government in Florida.
(9) "Gross Receipts" means the total sales
				for the Applicant as specified in its Federal tax return or if it is a new
				company which has not filed a Federal tax return, in its audited financial
				statement before deductions for returned items, allowances, and
				discounts.
(10) "Industry
				Categories" means construction, commodities and services.
(11) "Non SBE Prime" means a business not
				currently certified by the District as a Small Business Enterprise which
				submits a bid or proposal for the purpose of being awarded a legally-binding
				agreement as a Prime Contractor for the performance of work at a mutually
				agreed-upon price in accordance with agreed-upon terms and conditions with the
				District.
(12) "Prime Contractor"
				means any individual or contracting entity with whom the District has entered
				into a legally-binding agreement for performance of work at a mutually
				agreed-upon price in accordance with agreed-upon terms and
				conditions.
(13) "Reciprocal
				Certification" means the SBE Certification by the District of an Applicant who
				is actively certified by another Florida government agency.
(14) "Responsible" means a business that is
				capable in all respects of fully performing the contract requirements and which
				has the integrity and reliability that will assure good faith
				performance.
(15) "Responsive" with
				respect to bidders, bids, or proposals means a business's bid or proposal
				conforms in all material respects to the invitation to bid or request for
				proposal including all SBE goals set forth.
(16) "SBE Prime" means a business certified
				by the District as a small business that submits a bid or proposal for the
				purpose of being awarded a legally binding agreement as an SBE Prime contractor
				for the performance of work at a mutually agreed-upon price in accordance with
				agreed-upon terms and conditions with the District.
(17) "SBE Subcontractor" means a business
				certified by the District having a direct contract with a contractor or with
				any other Subcontractor for the performance of a part of the work.
(18) "SBE Utilization Plan" means Form No.
				0956 Small Business Enterprise Subcontractor Participation Schedule and Form
				No. 0957, Statement of Intent to Perform as a Small Business Enterprise
				Subcontractor, both forms are incorporated by reference in paragraph (2)(a) of
				Rule  40E-7.670 F.A.C.
(19) "Subsidiary" is defined as a Business
				that another company has any ownership interest in.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.1135
					 FS.
New 8-3-06, Amended 8-29-07, 8-29-13,
					 12-9-20.