South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-701 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
For the purposes of these regulations, the following terms
				shall have the meanings set forth below unless a different meaning is clearly
				required by the context in which the term is used.
A. Certified DBE--A business determined by
			 the Department to be a bona fide Disadvantaged Business Enterprise (DBE)
			 pursuant to these regulations and 49 CFR Part 26 and whose certification status
			 is in good standing with the Department.
B. Certification--A certification by the
			 Department that a firm is a bona fide Disadvantaged Business Enterprise (DBE)
			 pursuant to the standards set forth in these regulations and 49 CFR Part
			 26.
C. Controlled--Having the
			 primary power to direct the management and day to day operations of a business
			 in accordance with the requirements for control set forth in 49 CFR Part
			 26.
D. Department--The South
			 Carolina Department of Transportation.
E. Disadvantaged Business Enterprise
			 (DBE)--As set forth in 49 CFR Part 26, a for-profit small business concern
			 owned and controlled by one or more individuals who are socially and
			 economically disadvantaged, which may include businesses owned by ethnic
			 minorities (MBE) or disadvantaged females (WBE).
F. Disadvantaged female--A woman who is (1) a
			 citizen of or a lawfully admitted permanent resident of the United States; and,
			 (2) found by the Department to be socially and economically disadvantaged
			 pursuant to the standards set forth in these regulations and 49 CFR Part
			 26.
G. Economically
			 disadvantaged--A finding by the Department that a socially disadvantaged
			 individual's 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 or similar line of business and competitive market area who are not
			 socially disadvantaged as set forth in 49 CFR Part 26.
H. Ethnic minorities--Persons who are (1)
			 citizens or lawfully admitted permanent residents of the United States; and,
			 (2) Black Americans, Hispanic Americans, Native Americans, or members of other
			 racial or national groups; and, (3) found to be socially and economically
			 disadvantaged by the Department pursuant to the standards set forth in these
			 regulations and 49 CFR Part 26.
I.
			 Firm--A business concern which is organized in any form other than a joint
			 venture (e.g. sole proprietorship, partnership, corporation) and which is
			 engaged in lawful commercial transactions.
J. Minority Business Enterprise (MBE)--A
			 disadvantaged business enterprise owned and controlled by one or more
			 individuals who are socially and economically disadvantaged ethnic
			 minorities.
K. "Non-bonded project
			 or contract"--A set aside project or contract in which the Department has
			 waived bond and is acting as bonding agent pursuant to subsection (E) of
			 Section
			 12-28-2930
			 of the Code of Laws of South Carolina (1976), as amended.
L. Office of DBE Program Development--The
			 office within the Department primarily responsible for certification of DBEs
			 and compliance with State and Federal DBE Program requirements.
M. Official Engineer--The State Highway
			 Engineer of the South Carolina Department of Transportation, acting directly or
			 through his duly authorized representative.
N. Owned--Ownership and control of at least
			 fifty-one percent of a business, or if the business is publicly owned,
			 ownership of at least fifty-one percent of the stock of the business.
O. Small business concerns--Those business
			 entities defined pursuant to Section 3 of the Small Business Act (
			 15
			 U.S.C. 632 ) and Title 13 C.F.R. Part 121,
			 which regulations are incorporated herein by reference and made a part of these
			 regulations; except that such term shall not include any concern or group of
			 concerns controlled by the same socially and economically disadvantaged
			 individual or individuals which have average annual gross receipts over the
			 preceding three fiscal years in excess of $16.6 million as adjusted by the
			 Secretary of the United States Department of Transportation for
			 inflation.
P. Set aside--A
			 technique which limits consideration of bids for contracts to those submitted
			 by certified DBEs, which technique is only available under the State DBE
			 Program, not the Federal DBE Program.
Q. State DBE Program--The program mandated by
			 Section
			 12-28-2930
			 of the Code of Laws of South Carolina (1976), as amended, and implemented by
			 the Department pursuant to these regulations.
R. Socially disadvantaged--A finding by the
			 Department that an individual has been subjected to prejudice or cultural bias
			 because of the individual's race, color, sex or ethnic origin without regard to
			 the individual's individual qualities or capabilities in accordance with 49 CFR
			 Part 26.
S. Woman-Owned Business
			 Enterprise (WBE)--A disadvantage business enterprise owned and controlled by
			 one or more disadvantaged females.