Definitions

PURPOSE: This rule defines terms related to the state of Missouri’s Minority and Women’s Business Enterprise Program, established by the Office of Administration and administered by the Office of Equal Opportunity. (1) For purposes of the state of Missouri’s Minority and Women’s Business Enterprise Program, established by the Office of Administration and administered by the Office of Equal Opportunity, the following definitions apply: (A) Certification or certified—A determination made after an applicant has met the eligibility requirements to be qualified as a Minority Business Enterprise (MBE) or a Women’s Business Enterprise (WBE) by the Office of Administration, Office of Equal Opportunity (OEO); (B) Commissioner—The commissioner of the Office of Administration; (C) Contract—A legally-binding relationship obligating a contractor, subcontractor, or supplier to furnish goods or services and the buyer to pay for them. For the purposes of these regulations, leases, and subcontracts may be considered contracts; (D) Contractor—A person or entity that has a contract directly with the state of Missouri; (E) Firm—A person or for profit business lawfully existing under the laws of the state of Missouri or its state of origin including, but not limited to, a sole proprietorship, corporation, partnership, limited partnership, joint venture, limited liability company (LLC), or professional corporation; (F) Minority—Any individual who is a citizen or lawfully-admitted permanent resident of the United States and who is a member of any of the following groups: 1. Black Americans—Includes persons having origins in any of the black racial groups of Africa; 2. Hispanic Americans—Includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; 3. Native Americans—Includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; 4. Asian-Pacific Americans—Includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Singapore, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong; 5. Subcontinent Asian Americans— Includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal, or Sri Lanka; or 6. Any additional groups whose members are designated as socially and economically disadvantaged by the U.S. Small Business Administration (SBA), at such time as the SBA designation becomes effective; (G) Minority Business Enterprise (MBE)— The definition in section 37.020.1(3), RSMo, will be applied; (H) OA—The state of Missouri’s Office of Administration; (I) OEO—Office of Equal Opportunity; (J) Principal place of business—The primary headquarters of the firm where the individuals who manage the day-to-day operations and make executive decisions for the firm are located and where its records are kept; (K) Rapid response applicant—Any applicant who possesses a current M/WBE certification or equivalent from another qualified certifying entity as determined by OEO. Rapid response applicants may receive certification from OEO through a memorandum of understanding. Less documentation is needed than for a standard/initial applicant, and an on-site review is required from the other qualified certifying entity. Certification by another certifying entity does not guarantee certification by OEO; (L) Subcontractor—A firm that does not have a contract directly with the state of Missouri but instead contracts a portion of the work of a state contract from the contractor or another subcontractor; (M) Standard/initial applicant—Any applicant whose principal place of business is in Missouri and who does not currently possess a current M/WBE certification or equivalent from another qualified certifying entity as determined by OEO. OEO may perform an on-site review at the applicant’s place of business and must review the application and all supporting documentation before certification is granted; and (N) Women’s Business Enterprise (WBE)— The definition in section 37.020.1(6), RSMo, will be applied. AUTHORITY: section 34.050, RSMo 2000, and section 37.020, RSMo Supp. 2014.* Original rule filed June 1, 2011, effective Nov. 30, 2011. Amended: Filed April 5, 2016, effective Nov. 30, 2016. *Original authority: 34.050, RSMo 1939, amended 1945, 1993, 1995 and 37.020, RSMo 1990, amended 2014.