Purpose

This rule implements a voluntary comprehensive Construction Management Development Program (CMDP) for Certified Small Businesses. Authority: T.C.A. §4-3-2305. Administrative History: Original rule filed June 15, 2005; effective August 29, 2005. 1680-3-2-.02 DEFINITION OF TERMS. (1) “Average Annual Gross Receipts” - means “total income” (or in the case of a sole proprietorship, “gross income”) plus “cost of goods sold” as these terms are defined and reported on Internal Revenue Service (IRS) tax return forms (such as Form 1120 for corporations; Form 1120S and Schedule K for S corporations; Form 1120, Form 1065 or Form 1040 for LLCs; Form 1065 and Schedule K for partnerships; Form 1040, Schedule F for farms; Form 1040, Schedule C for other sole proprietorships). Receipts do not include net capital gains or losses; taxes collected for and remitted to a taxing authority if included in gross or total income, such as sales or other taxes collected from customers and excluding taxes levied on the concern or its employees; proceeds from transactions between a concern and its domestic or foreign affiliates; and amounts collected for another by a travel agent, real estate agent, advertising agent, conference management service provider, freight forwarder or customs broker. For size determination purposes, the only exclusions from receipts are those specifically provided for in this paragraph. All other items, such as subcontractor costs, reimbursements for purchases a contractor makes at a customer’s request, and employee-based costs such as payroll taxes, may not be excluded from receipts. (2) “Bond Guarantee Program” or “BGP” - means a program in which the Tennessee Department of Transportation may act as a secondary surety for select Certified Small Businesses. (3) “Certification of Proficiency” - means a certificate awarded to Certified Small Businesses meeting the Minimum Curriculum Standards of Proficiency (See Rule 1680-8-3-.02(7) herein). (4) “Certified Small Business” - means a small business that has been approved by the Department as meeting the statutory criteria to participate (if selected by the Department) in the Construction Management Development Program (CMDP) and/or Bond Guarantee Program (BGP). A business meets the statutory criteria if the business (including its affiliates) is a certified disadvantaged business enterprise (DBE) as defined by 49 CFR Part 26. Also, a business meets the statutory criteria if the business satisfies all the requirements of a disadvantaged business enterprise (DBE) as defined by 49 CFR Part 26 other than the requirement that the business is owned by socially and economically disadvantaged individuals as defined in 49 CFR Part 26.5. CONSTRUCTION MANAGEMENT DEVELOPMENT PROGRAM CHAPTER 1680-8-3 (5) “Construction Management Development Program” or “CMDP” - means an original program of instruction taught to owners of Certified Small Businesses to enhance, improve or develop skills needed to successfully perform construction projects. This program may consist of classroom instruction and on-the-job instruction. (6) “Department” - means the Tennessee Department of Transportation. (7) “Minimum Curriculum Standards of Proficiency” - means established minimum requirements that a Certified Small Business owner must attain to demonstrate proficiency and capability regarding the instruction received through the classroom instruction portion of the CMDP. (8) “Small Business Development Program Office” - means the office of the Tennessee Department of Transportation that has the responsibility of monitoring and enforcing the Department’s CMDP and BGP. (9) “Tennessee Department of Transportation Small Business Development Review Committee” - means the committee within the Tennessee Department of Transportation which renders final decisions of the Department on the CMDP and BGP.