Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, the following terms shall have the
				following definitions, unless the context requires otherwise:
(1) "Agency" means the Oregon Business
			 Development Department.
(2) "COBID"
			 means the Certification Office for Business Inclusion and Diversity in the
			 Oregon Business Development Department.
(3) "Commercially Useful Function" or "CUF"
			 means function the firm performs when it is responsible for execution of the
			 work of the contract and carries out its responsibilities by actually
			 performing, managing, and supervising the work involved. The firm must also be
			 responsible, with respect to materials and supplies used on the contract, for
			 negotiating price, determining quality and quantity, ordering the material, and
			 installing (where applicable) and paying for the material itself.
			 49 CFR §
									26.55(c)(1) (e-CFR 2015
			 Edition)
(4) "Contribution" means a
			 real and substantial contribution of money, tangible personal assets, and
			 expertise to acquire ownership interest in the firm. A contribution is not a
			 promise to contribute, an unsecured note payable to the firm or an owner who is
			 not a disadvantaged individual, or mere participation in a firm's activities as
			 an employee.
(5) "Control" or
			 "controlled" means that operational and managerial control of all aspects of
			 the business is true, real, and exercised by one or more socially disadvantaged
			 individual(s) as further defined in
			 49 CFR §
									26.71 (2013 Edition).
(6) "Disadvantaged Business Enterprise" or
			 "DBE" means a business that meets the eligibility standards for participation
			 in United States Department of Transportation (USDOT) federally-funded projects
			 set out in 49 CFR parts 23 and 26 (2013 Edition).
(7) "Emerging Small Business" or "ESB" means
			 an independent business or firm that meets the requirements as defined under
			 OAR 123-200-1600.
(8) "Independence" or "Independent" means the
			 business is not dependent upon any non-disadvantaged, non-minority or non-woman
			 owned firm.
(9) "Management
			 Control" or "Management" means that the applicant has responsibility for the
			 critical areas of business operations and has the demonstrated ability to make
			 independent and unilateral business decisions needed to guide the future of the
			 business.
(10) "Minority" means a
			 person who is a citizen or lawful permanent resident of the United States and
			 who is one of the persons described in (a) through (f) below.
(a) Black American includes persons having
			 origins in any of the Black racial groups of Africa;
(b) Hispanic American includes persons of
			 Mexican, Puerto Rican, Cuban, Central or South American or other Spanish or
			 Portuguese culture or origin, regardless of race;
(c) Native American includes persons who are
			 American Indians, Eskimos, Aleuts, or Native Hawaiians;
(d) Asian-Pacific American includes persons
			 whose origin is from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia,
			 Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the United
			 States Trust Territories of the Pacific Islands, the Commonwealth of the
			 Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru,
			 Federated States of Micronesia, or Hong Kong;
(e) Subcontinent Asian Americans includes
			 persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the
			 Maldives Islands, Nepal, or Sri Lanka;
(f) Any additional groups whose members are
			 designated as socially disadvantaged by the Small Business Administration
			 and/or as designated under 49 CFR Part 26 (2013 Edition).
(g) Other minority group membership as
			 established by the applicant. Membership is based on evidence provided by the
			 applicant to support the applicant's claim he or she is a member of a minority
			 group and the particular minority community recognizes the individual to be a
			 member of the community. It is in COBID's discretion to determine if the
			 applicant's claim is valid. If the minority community does not exist in Oregon,
			 the burden of proof shifts to the applicant to prove he or she is a socially
			 and economically disadvantaged individual.