Title 37
Public Property and Works

Chapter 14.1
Minority Business Enterprise

§ 37-14.1-3. Definitions.

(a) “Affirmative action” means taking specific steps to eliminate discrimination and its effects, to ensure nondiscriminatory results and practices in the future, and to involve minority business enterprises fully in contracts and programs funded by the state.

(b) “Compliance” means the condition existing when a contractor has met and implemented the requirements of this chapter.

(c) “Contract” means a mutually binding legal relationship or any modification thereof obligating the seller to furnish supplies or services, including construction, and the buyer to pay for them. For purposes of this chapter, a lease is a contract.

(d) “Contractor” means one who participates, through a contract or subcontract, in any procurement or program covered by this chapter and includes lessees and material suppliers.

(e) “Minority” means a person who is a citizen or lawful permanent resident of the United States and who is:

(1) Black (a person having origins in any of the black racial groups of Africa);

(2) Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);

(3) Portuguese (a person of Portuguese, Brazilian, or other Portuguese culture or origin, regardless of race);

(4) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands);

(5) American Indian and Alaskan Native (a person having origins in any of the original peoples of North America); or

(6) Members of other groups or other individuals found to be economically and socially disadvantaged by the Small Business Administration under § 8(a) of the Small Business Act, as amended, 15 U.S.C. § 637(a).

(f) “Minority business enterprise” or “MBE” means a small business concern, as defined pursuant to § 3 of the federal Small Business Act, 15 U.S.C. § 632, and implementing regulations, which is owned and controlled by one or more minorities or women. For the purposes of this chapter, owned and controlled means a business:

(1) Which is at least fifty-one percent (51%) owned by one or more minorities or women or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by one or more minorities or women; and

(2) Whose management and daily business operations are controlled by one or more such individuals.

(g) “MBE coordinator” means the official designated to have overall responsibility for promotion of minority business enterprise in his or her departmental element.

(h) “Noncompliance” means the condition existing when a recipient or contractor has failed to implement the requirements of this chapter.