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DEFINITIONS
- Socially And Economically Disadvantaged Individuals refers
to those individuals who are citizens of the United States and who are Women,
Black Americans, Hispanic Americans, Native Americans or Asian-Pacific
Americans and Subcontinent Asian Americans and any other minorities or
individuals found to be disadvantaged by the Small Business Administration
pursuant to Section 8(a) of the Small Business Act.
Women;
Black Americans includes persons having origins in any of
the Black racial groups of Africa;
Hispanic Americans includes persons of Mexican, Puerto
Rican, Cuban, Central or South American or other Spanish or Portuguese culture
or origin, regardless of race;
Native Americans includes persons who are American Indians,
Eskimos, Aleuts, or Native Hawaiians;
Asian-Pacific Americans includes persons whose origins are
from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia
(Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa,
Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau),
the Commonwealth of the Northern Marianas, Macao, Fiji, Tonga, Kiribati,
Juvalu, Nauru, Federated States of Micronesia, or Hong Kong:
Subcontinent Asian Americans includes persons whose origins
are India, Pakistan and Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri
Lanka.
- Disadvantaged Business Enterprise - "Disadvantaged
Business" or "DBE" refers to a small business concern (1) which is at least 51
percent owned by one or more socially and economically disadvantaged
individuals, or, in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more socially and
economically disadvantaged individuals; and (2) whose management and daily
business operations are controlled by one or more of the socially and
economically disadvantaged individuals who own it.
- The disadvantaged owners must demonstrate that they have
dominant control over management and provide evidence of dominant
participation in the daily affairs of the enterprise.
- The firm has not been solely established for the purposes
of taking advantage of a special program which has been developed to assist
disadvantaged businesses. The Division of Highways reserves the right to deem
the existence of any agreements, options, rights of conversion or other
restraints that may be exercised, and which if exercised, could reduce
disadvantaged ownership or control to less than the requisite percentage to
the grounds for rejection of the existing enterprise as a disadvantaged
business enterprise.
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