40E-7.669. Definitions

(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, officers, or directors that have any percentages of ownership, 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.

(2) “Applicant” is defined as the business that is seeking District Certification or Recertification.

(3) “Business” is any entity which complies with all statutes and regulations, specifically, any corporation, limited liability company, partnerships, general partnerships, limited partnerships, other for-profit entities, engaging in commerce, including but not limited to manufacturing or a service with a federal tax identification number.

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

(5) “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.

(6) “Decertification” is the process in which the District shall determine that an SBE no longer complies with the District Certification criteria.

(7) “District Small Business Enterprise” means a business certified by the District in either construction, commodities, services or a combination thereof whose 3-year average gross receipts, including Affiliate Businesses, 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. A District SBE is registered to do business with the State of Florida through the Division of Corporations and holds the appropriate license(s) required by law to do business in the state of Florida.

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

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

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

(11) “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.

(12) “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.

(13) “Reciprocal Certification” means the SBE Certification by the District of an Applicant who is actively certified by another Florida government agency.

(14) “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.

(15) “Responsive” with respect to bidders, bids, or proposals means a business’s bid or proposal conforms in all material respects to the invitation to bid or request for proposal including all SBE goals set forth.

(16) “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.

(17) “SBE Subcontractor” means a business certified by the District having a direct contract with a contractor or with any other Subcontractor for the performance of a part of the work.

(18) “SBE Utilization Plan” means Form No. 0956 Small Business Enterprise Subcontractor Participation Schedule and Form No. 0957, Statement of Intent to Perform as a Small Business Enterprise Subcontractor, both forms are incorporated by reference in paragraph (2)(a) of Rule 40E-7.670 F.A.C.

(19) “Subsidiary” is defined as a Business that another company has any ownership interest in.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-07, 8-29-13, 12-9-20.