Connecticut Administrative Code › Title 13a - Highways and Bridges › 165 - Certification of Disadvantaged Business Enterprises › Section 13a-165-2 - Definitions

Current through July 10, 2024
As used in sections
				13a-165-1
				through
				13a-165-15:
(a) "Applicant" means any small business
			 concern which submits an application to the Department of Transportation
			 seeking certification as a DBE pursuant to these regulations;
(b) "Certification" means the determination
			 that an applicant is a DBE, using the criteria set forth in these regulations
			 and in 49 CFR Part 23, and signifies that the applicant is eligible to bid on
			 or to be awarded contract work in accordance with the affirmative action goals
			 established in the Department's DBE program. Certification includes the
			 requirement that the applicant be prequalified and is limited to the specific
			 contract activity(ies) for which the applicant is prequalified;
(c) "Commissioner" means the Commissioner of
			 Transportation, State of Connecticut;
(d) "Controlled" means the power to direct
			 the management and policies of the business and to make the day-to-day as well
			 as major decisions in matters of policy, management and operations. Control
			 shall be real, substantial and continuing, not pro forma. It shall be
			 exemplified by possession of the requisite knowledge and expertise to operate
			 the particular business, and goes beyond simple majority, and does not include
			 absentee ownership. Control by a minority or woman will not be deemed to exist
			 if a non-minority owner or employee of the business is disproportionately
			 responsible for the management or operation of the business;
(e) "DBE Certification Panel" means the
			 administrative panel established by the Commissioner of Transportation for the
			 purpose of determining whether a person, firm or corporation meets the
			 eligibility requirements for certification as a Disadvantaged Business
			 Enterprise under these regulations;
(f) "Department" means the Department of
			 Transportation, State of Connecticut;
(g) "Decertification" means the determination
			 that a small business concern, which was certified as a DBE by the Department
			 of Transportation, no longer meets the requirements of a DBE as set forth in
			 these regulations and in 49 CFR Part 23, and therefore is no longer eligible to
			 participate in the DBE program;
(h)
			 "Disadvantaged Business Enterprise" or "DBE" means a small business concern
			 which is owned and controlled by one or more minorities or women who are
			 economically and socially disadvantaged. It also includes a "minority business
			 enterprise," as that term is defined in 49 CFR Part 23;
(i) "Independent business" means a business
			 that is not inextricably associated with another business through common
			 ownership, affiliation, sharing of employees, facilities, equipment, profits
			 and losses. lf there is an "umbilical cord" relationship with a
			 non-disadvantaged business, the business is not an independent
			 business;
(j) "Line of service"
			 means the particular contract activity for which the DBE has been prequalified
			 (e.g., landscaping, bridge painting, paving, etc.);
(k) "Minority" means
(1) Black Americans (i.e., all persons having origins in any of
			 the black racial groups of Africa),
(2)
			 Hispanic Americans (i.e., all persons of Mexican, Puerto Rican,
			 Cuban, Central or South American or other Spanish culture or origin, regardless
			 of race),
(3) Asian Pacific
			 Americans and Pacific islanders,
(4) American Indians and persons having origins in any of the
			 original peoples of North America and maintaining identifiable tribal
			 affiliations through memberships and participation or community
			 identification,
(5) Portuguese
			 (i.e., a person of Portuguese, Brazilian or other Portuguese culture or origin,
			 regardless of race), and
(6)
			 members of other groups, or other individuals, found to be economically and
			 socially disadvantaged by the Small Business Administration under Section 8(a)
			 of the Small Business Act, as amended (
			 15 U.S.C. 637
			 );