Legislation
SECTION 1695*2
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 4-A*
* § 1695. Definitions. As used in this article, unless the context
requires otherwise:
a. "Chairman" means the chairman of the dormitory authority.
b. "Minority business concern" means a socially and economically
disadvantaged applicant concern which is owned or controlled by one or
more persons who have been deprived of the opportunity to develop and
maintain a competitive position in the economy because of social or
economic disadvantages. Such disadvantages may arise from cultural,
social or economic circumstances. Such persons include, but are not
limited to, Black Americans, American Indians, Spanish-Americans,
Oriental-Americans, Eskimos, Aleuts and servicemen in the armed forces
during the Vietnam era.
c. "Small business" means a business which is independently owned and
operated, and which is not dominant in the field of operation. The
authority shall establish a detailed definition by rule, using in
addition to the foregoing criteria, other criteria, including the number
of employees and the dollar volume of business. When computing the size
status of a bidder, annual sales and receipts of the bidder and all of
its affiliates shall be included. The maximum number of employees and
the maximum dollar volume which a small business may have under the
rules promulgated by the authority shall vary from industry to industry
to the extent necessary to reflect differing characteristics of such
industries based on the criteria used by the federal Small Business
Administration for loans to small businesses as set forth in Section
121.3-10 and Schedules A, C and D (or for awarding government
procurements as set forth in Section 121.3-S and Schedule B) of Part 121
of Chapter I of Title 13 of the Code of Federal Regulations, as amended,
subject to the following general limitations unless the above
regulations provide for other size or annual receipts standards for any
industry or subindustry;
(1) No wholesale business is a small business if its annual sales for
its most recently completed fiscal year, nor is a construction business
if its average annual receipts for the preceding three fiscal years,
exceed five million dollars.
(2) No retail business or business selling services is a small
business if its annual sales and receipts exceed one million dollars.
(3) No manufacturing business is a small business if it employs more
than two hundred fifty persons.
d. "Small business set-asides" means a purchase request for which bids
are to be invited and accepted only from small businesses by the
chairman.
* NB There are 2 § 1695's
requires otherwise:
a. "Chairman" means the chairman of the dormitory authority.
b. "Minority business concern" means a socially and economically
disadvantaged applicant concern which is owned or controlled by one or
more persons who have been deprived of the opportunity to develop and
maintain a competitive position in the economy because of social or
economic disadvantages. Such disadvantages may arise from cultural,
social or economic circumstances. Such persons include, but are not
limited to, Black Americans, American Indians, Spanish-Americans,
Oriental-Americans, Eskimos, Aleuts and servicemen in the armed forces
during the Vietnam era.
c. "Small business" means a business which is independently owned and
operated, and which is not dominant in the field of operation. The
authority shall establish a detailed definition by rule, using in
addition to the foregoing criteria, other criteria, including the number
of employees and the dollar volume of business. When computing the size
status of a bidder, annual sales and receipts of the bidder and all of
its affiliates shall be included. The maximum number of employees and
the maximum dollar volume which a small business may have under the
rules promulgated by the authority shall vary from industry to industry
to the extent necessary to reflect differing characteristics of such
industries based on the criteria used by the federal Small Business
Administration for loans to small businesses as set forth in Section
121.3-10 and Schedules A, C and D (or for awarding government
procurements as set forth in Section 121.3-S and Schedule B) of Part 121
of Chapter I of Title 13 of the Code of Federal Regulations, as amended,
subject to the following general limitations unless the above
regulations provide for other size or annual receipts standards for any
industry or subindustry;
(1) No wholesale business is a small business if its annual sales for
its most recently completed fiscal year, nor is a construction business
if its average annual receipts for the preceding three fiscal years,
exceed five million dollars.
(2) No retail business or business selling services is a small
business if its annual sales and receipts exceed one million dollars.
(3) No manufacturing business is a small business if it employs more
than two hundred fifty persons.
d. "Small business set-asides" means a purchase request for which bids
are to be invited and accepted only from small businesses by the
chairman.
* NB There are 2 § 1695's