California Code of Regulations › Title 5 - Education › Division 6 - California Community Colleges › Chapter 10 - Community College Administration › Subchapter 9 - Nondiscrimination in Public Works Contracting in the California Community Colleges › Section 59502 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions apply for purposes of data
					 collection:
(a) "Certification" means
				  a process to identify the status of minority, women, and disabled veteran
				  business enterprises and of other contractors or potential
				  contractors.
(b) "Contract"
				  includes any agreement or joint development agreement to provide labor,
				  services, material, supplies, or equipment in the performance of a public works
				  contract, franchise, concession, or lease granted, let, or awarded for and on
				  behalf of the district. The term "contract" does not include payments to
				  utility companies or purchases, leases or services secured through other public
				  agencies and corporations, the Department of General Services, or the federal
				  government pursuant to Public Contract Code sections
				  20652
				  and
				  20653
				  and Education Code section
				  81653;
(c) "Contractor" means any person or persons,
				  regardless of any characteristic protected from discrimination under subchapter
				  5, commencing with section
				  59300, whether or not a minority
				  business enterprise, women business enterprise, or disabled veteran business
				  enterprise, who enters into a contract with a district.
(d) "Disabled veteran business enterprise"
				  means a business enterprise certified as a disabled veteran business enterprise
				  by the Department of General Services' Office of Small Business and Disabled
				  Veteran Business Enterprise Services pursuant to Military and Veterans Code,
				  section
				  999,
				  or a business enterprise that certifies that it has met such
				  standards.
(e) "District" means any
				  community college district, board of trustees or officer, employee, or agent of
				  such a district or board empowered to enter into contracts on behalf of the
				  district.
(f) "MBE/WBE/DVBE" means
				  a minority business enterprise, a women business enterprise, and/or a disabled
				  veteran business enterprise. Although a business enterprise may qualify under
				  multiple categories, the entry shall be designated in one specific category for
				  the purposes of these regulations.
(g) "Minority business enterprise" means a
				  business concern that meets all of the following criteria:
(1) The business is an individual
				  proprietorship, partnership, corporation, or joint venture at least 51 percent
				  owned by one or more minority, or in the case of any business whose stock is
				  publicly held, at least 51 percent of the stock is owned by one or more
				  minority.
(2) A business whose
				  management and daily operations are controlled by one or more minority who own
				  the business.
(3) A business
				  concern with its home office located in the United States that is not a branch
				  or subsidiary or a foreign corporation, firm, or other
				  business.