South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2160 - Assistance to Minority Businesses

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definitions
(1) "Minority Person" means a United States
			 citizen who is economically and socially disadvantaged.
(2) "Socially disadvantaged individuals"
			 means those individuals who have been subject to racial or ethnic prejudice or
			 cultural bias because of their identification as members of a certain group
			 without regard to their individual qualities. Such groups include, but are not
			 limited to, Black Americans, Hispanic Americans, Native Americans (including
			 American Indians, Eskimos, Aleuts and Native Hawaiians), Asian Pacific
			 Americans, Women and other minorities to be designated by the South Carolina
			 Budget and Control Board or designated agency.
(3) "Economically disadvantaged individuals"
			 means those socially disadvantaged individuals whose ability to compete in the
			 free enterprise system has been impaired due to diminished capital and credit
			 opportunities as compared to others in the same business area who are not
			 socially disadvantaged.
(4) "A
			 socially and economically, disadvantaged small business" means any small
			 independent business concern which:
(a) At a
			 minimum is fifty one (51) percent owned by one or more citizens of the United
			 States who are determined to be socially and economically disadvantaged and who
			 also exercise control over the business per 49 CFR Part 26, Subpart D (2006),
			 as amended.
(b) In the case of a
			 corporation, at a minimum, fifty-one (51) percent of all classes of voting
			 stock of such corporation must be owned by an individual or individuals
			 determined to be socially and economically disadvantaged who also exercise
			 control over the business.
(c) In
			 the case of a partnership, at a minimum, fifty-one (51) percent of the
			 partnership interest must be owned by an individual or individuals determined
			 to be socially and economically disadvantaged who also exercise control over
			 the business.
(5) "Small
			 Business" means a for-profit concern, including its affiliates, that is
			 independently owned and operated, not dominant in the field of operation in
			 which it is bidding on government contracts, and qualified as a small business
			 under the criteria and size standards in 13 C.F.R. Section 121(1996), as
			 amended. Such a concern is "not dominant in its field of operation" when it
			 does not exercise a controlling or major influence on a national basis in a
			 kind of business activity in which a number of business concerns are primarily
			 engaged. In determining whether dominance exists, consideration shall be given
			 to all appropriate factors, including volume of business, number of employees,
			 financial resources, competitive status or position, ownership or control of
			 materials, processes, patents, license agreements, facilities, sales territory,
			 and nature of business activity.
(6) "Minority Business Enterprise" is a
			 business which has been certified as a socially and economically disadvantaged
			 small business.
(7) "OSMBA" means
			 the Office of Small and Minority Business Assistance.