Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 5 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES › Rule 2 - Definitions › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC 4-13-1-4; IC 4-13-1-7; IC 4-13-2-9; IC
				  4-13.6-3-1
Affected: IC 4-13-1-2; IC 4-13-16.5-1; IC 4-13.6; IC 4-33-14;
				  IC 5-22
Sec. 1.
(a) The
				following definitions apply throughout this article:
(1) "Application for MBE/WBE program waiver"
				or "waiver application" means the document(s) submitted by a prime contractor
				to the state requesting the contractor's exemption from the contract goal and
				stating the reasons why the contractor requires the waiver.
(2) "Broker" means a business entity serving
				as an intermediary who negotiates contracts of purchase and sale, without
				assuming any risk of loss.
(3)
				"Commission" means the governor's commission on minority and women's business
				enterprises.
(4) "Commissioner"
				means the commissioner of the department of administration defined at IC
				4-13-1-2.
(5) "Contract" means any
				contract awarded by a state agency for construction projects or the procurement
				of goods or services, including professional services.
(6) "Contract goal" means a targeted amount
				of participation as measured by the desired percentage of involvement by
				minority and women's business enterprises.
(7) "Contractor" means a person or business
				entity that contracts with a state agency to provide goods or
				services.
(8) "Department" means
				the Indiana department of administration.
(9) "Deputy commissioner" means the deputy
				commissioner for minority and women's business enterprises of the department as
				set forth in IC 4-13-16.5-1.
(10)
				"M/WBE compliance review committee" means the committee that is responsible for
				the appeal of specific contract issues. The committee consists of:
(A) the chairman of the governor's commission
				on minority and women's business enterprises;
(B) the general counsel of the department;
				and
(C) the director of the public
				works or procurement division of the department; whichever is appropriate, or
				their respective designees.
(11) "MBE/WBE program waiver" or "waiver"
				means the document supplied by the state to the prime contractor that approves
				the application for MBE/WBE program waiver.
(12) "MBE/WBE subcontractor plan" or "plan"
				means the document supplied by prime contractors to the state (usually required
				at the time of most bid submittals), which indicates the means whereby the
				minority or women's business participation will be attained.
(13) "Minority business enterprise" or "MBE"
				means an individual, partnership, corporation, limited liability company, or
				joint venture of any kind that is owned and controlled by one (1) or more
				persons who are:
(A) United States citizens;
				and
(B) members of a minority
				group.
(14) "Minority
				group" means the following:
(A)
				Blacks.
(B) American
				Indians.
(C) Hispanics.
(D) Asian Americans.
(E) Other similar minority groups as defined
				by
				13 CFR
				124.103.
(15) "Offeror" means any business entity that
				makes an offer to enter into a binding contract for the provision of materials
				or services to a state agency.
(16)
				"Owned and controlled" means having:
(A)
				ownership of at least fifty-one percent (51%) of the enterprise, including
				corporate stock of a corporation;
(B) control over the management and active in
				the day-to-day operations of the business; and
(C) an interest in the capital, assets, and
				profits and losses of the business proportionate to the percentage of
				ownership.
(17)
				"Program" means the minority and women's business enterprises program as
				administered by the department.
(18) "Qualifying member" means, for MBE
				goals, any member of a minority group and, for WBE goals, a woman.
(19) "State agency" means any of the
				following:
(A) An authority, board, branch,
				commission, committee, department, division, or other instrumentality of the
				executive, including the administrative department of state
				government.
(B) An entity
				established by the general assembly as a body corporate and politic.
(C) A state educational institution.
The term does not include the state lottery commission or the
				  Indiana gaming commission with respect to setting and enforcing goals for
				  awarding contracts to minority and women's business enterprises. The term does
				  not include the Indiana gaming commission to the extent the subject matter of
				  these rules conflict
[sic., conflicts]
with or are
[sic., is]
otherwise covered by IC 4-33-14, et seq.
(20) "Subcontractor" or
				"second tier contractor" means any person entering into a contract with a prime
				vendor to directly furnish services or supplies toward the contract.
(21) "Supplier" or "distributor" means any
				business entity supplying materials, but no significant on-site labor is
				contributed in furtherance of the contract or to a vendor.
(22) "Vendor" means any person or business
				entity that has entered into a binding contract for the provision of materials
				or services to a state agency.
(23)
				"Women's business enterprise" or "WBE" means an individual, partnership,
				corporation, limited liability company, or joint venture of any kind that is
				owned and controlled by one (1) or more persons who are:
(A) United States citizens; and
(B) whose gender is female.