1695 - Definitions.

* §  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-aside" 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