40E-7.669. Definitions  


Effective on Thursday, August 29, 2013
  • 1(1) “Affiliate Business” means a business that is a subsidiary of or owned in part by another business concern. Entities are affiliates of each other when one impacts the other by sharing resources or controls or has the power to control the other, or a third party or parties controls or has the power to control both. It does not matter whether control is exercised, so long as the power to control exists.

    74(2) “Applicant” an entity that is seeking District Certification or recertification.

    85(3) “Certification” means the process by which the District determines that a business meets the District’s criteria for a Small Business Enterprise (SBE).

    108(4) “Commodity Code” A numeric system designed to list commodities or services by classes and sub-classes. A numeric identifier of supplies, materials, goods, merchandise, equipment or other tangible personal property (purchase or lease), including the contractual services.

    145(5) “Government Agency” 148means any state, county, regional or local government in Florida.

    158(6) “Gross Receipts” means the total sales for the Applicant as specified in its Federal tax return or if a new company which has not filed a Federal tax return, in its audited financial statement before deductions for returned items, allowances, and discounts.

    201(7) “Industry Categories” means construction, commodities and services.

    209(8) 210“Non SBE Prime” means a business not currently certified by the District as a small business enterprise which submits a bid or proposal for the purpose of being awarded a legally binding agreement as a Prime Contractor for the performance of work at a mutually agreed upon price in accordance with agreed upon terms and conditions with the District.

    269(9) “Prime Contractor” means any individual or contracting entity with whom the District has entered into a legally binding agreement for performance of work at a mutually agreed upon price in accordance with agreed upon terms and conditions.

    307(10) “Responsible” means a business that is capable in all respects of fully performing the contract requirements and which has the integrity and reliability that will assure good faith performance.

    337(11) “Responsive” means a business’s bid or proposal conforms in all material respects to the invitation to bid or request for proposal.

    359(12) “District Small Business Enterprise (SBE)” means a business certified by the District, whose three (3) year average gross receipts, including affiliates, shall not exceed $13 million if the business provides construction, $5 million if the business provides commodities, and $6 million if the business provides services. Additionally, a District Small Business Enterprise is licensed to do business in the State of Florida if the business requires a license.

    428(13) “SBE Prime” means a business certified by the District as a small business that submits a bid or proposal for the purpose of being awarded a legally binding agreement as an SBE Prime Contractor for the performance of work at a mutually agreed upon price in accordance with agreed upon terms and conditions with the District.

    485Rulemaking Authority 487373.044, 488373.113 FS. 490Law Implemented 492373.1135 FS. 494History–New 8-3-06, Amended 8-29-07, 8-29-13.

     

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