Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 10 - Commissioner of Administration › Chapter 17 - Office of Equal Opportunity › Section 1 CSR 10-17.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms related to the state
				  of Missouri's Minority and Women's Business Enterprise Program, established by
				  the Office of Administration and administered by the Office of Equal
				  Opportunity.
(1) For purposes
				of the state of Missouri's Minority and Women's Business Enterprise Program,
				established by the Office of Administration and administered by the Office of
				Equal Opportunity, the following definitions apply:
(A) Certification or certified-A
				determination made after an applicant has met the eligibility requirements to
				be qualified as a Minority Business Enterprise (MBE) or a Women's Business
				Enterprise (WBE) by the Office of Administration, Office of Equal Opportunity
				(OEO);
(B) Commissioner-The
				commissioner of the Office of Administration;
(C) Compliance-When a firm has met the
				requirements of these regulations, the applicable statutes, and the Minority
				and/or Women's Business Enterprise (M/WBE) provisions of its state
				contract;
(D) Contract-A
				legally-binding relationship obligating a contractor, subcontractor, or
				supplier to furnish goods or services and the buyer to pay for them. For the
				purposes of these regulations, leases and subcontracts may be considered
				contracts;
(E) Contractor-A firm
				that has a contract directly with the state of Missouri;
(F) Firm-A person or business lawfully
				existing under the laws of the state of Missouri or its state of origin,
				including but not limited to a sole proprietorship, corporation, partnership,
				limited partnership, joint venture, limited liability company (LLC), or
				professional corporation;
(G)
				Minority-Any individual who is a citizen or lawfully-admitted permanent
				resident of the United States and who is a member of any of the following
				groups:
1. Black Americans-Includes persons
				having origins in any of the black racial groups of Africa;
2. Hispanic Americans-Includes persons of
				Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other
				Spanish or Portugese culture or origin, regardless of race;
3. Native Americans-Includes persons who are
				American Indians, Eskimos, Aleuts, or Native Hawaiians;
4. Asian-Pacific Americans-Includes persons
				whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam,
				Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines,
				Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands
				(Republic of Palau), the Commonwealth of the Northern Mariana Islands, Macao,
				Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong
				Kong;
5. Asian-Indian
				Americans-Includes persons whose origins are from India, Pakistan, Bangladesh,
				Bhutan, the Maldives Islands, Nepal, or Sri Lanka; or
6. Any additional groups whose members are
				designated as socially and economically disadvantaged by the U.S. Small
				Business Administration (SBA), at such time as the SBA designation becomes
				effective;
(H) Minority
				Business Enterprise (MBE)- The definition in section 37.020.1(3), RSMo, will be
				applied;
(I) Noncompliance-Failure
				by the contractor, subcontractor, or supplier to achieve the goals of M/WBE
				participation set forth in the contract;
(J) OA-The state of Missouri's Office of
				Administration;
(K) Out-of-state
				applicant-Any applicant whose principal place of business is located outside
				Missouri. Such applicants must be certified by their home state. Certification
				by another state does not guarantee certification by OEO;
(L) Principal place of business-Where the
				individuals who manage the day-to-day operations and make executive decisions
				for the firm are located and where its records are kept;
(M) Rapid response applicant-Any applicant
				whose principal place of business is in Missouri and who possesses a current
				M/WBE certification from another certifying entity. Rapid response applicants
				may receive certification from OEO through a memorandum of understanding. Less
				documentation is needed than for a standard/initial applicant, and an on-site
				review is not required. Certification by another certifying entity does not
				guarantee certification by OEO;
(N)
				Subcontractor-A firm that does not have a contract directly with the state of
				Missouri but instead contracts a portion of the work of a state contract from
				the contractor or another subcontractor;
(O) Standard/initial applicant-Any applicant
				whose principal place of business is in Missouri and who does not currently
				hold any other M/WBE certifications. OEO may perform an on-site review at the
				applicant's place of business after reviewing the application and
				documentation; and
(P) Women's
				Business Enterprise (WBE)-The definition in section 37.020.1(6), RSMo, will be
				applied.