Adopted December 2, 2009
(4) "Female owned business" means a business concern which is at least 51% owned by
one or more females, or, in the case of a corporation, at least 51% of the stock in which is
owned by one or more females; and the management and daily business operations of
which are controlled by one or more of the females who own it.
(4.1) "Business owned by a person with a disability" means a business concern that is
at least 51% owned by one or more persons with a disability and the management and
daily business operations of which are controlled by one or more of the persons with
disabilities who own it. A not-for-profit agency for persons with disabilities that is
exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also
considered a "business owned by a person with a disability".
(9) "Control" means the exclusive or ultimate and sole control of the business including,
but not limited to, capital investment and all other financial matters, property,
acquisitions, contract negotiations, legal matters, officer-director-employee selection and
comprehensive hiring, operating responsibilities, cost-control matters, income and
dividend matters, financial transactions and rights of other shareholders or joint partners.
Control shall be real, substantial and continuing, not pro forma. Control shall include the
power to direct or cause the direction of the management and policies of the business and
to make the day-to-day as well as major decisions in matters of policy, management and
operations. Control shall be exemplified by possessing the requisite knowledge and
expertise to run the particular business and control shall not include simple majority or
(10) "Business concern or business" means a business that has average annual gross sales
over the three most recent calendar years of less than $31,400,000 as evidenced by the
federal income tax return of the business. A firm with gross sales in excess of this cap
may apply to the Business Enterprise Council for Minorities, Females, and Persons with
Disabilities for certification for a particular contract if the firm can demonstrate that the
contract would have significant impact on businesses owned by minorities, females, or
persons with disabilities as suppliers or subcontractors or in employment of minorities,
females, or persons with disabilities.
(b) When a business concern is owned at least 51% by any combination of minority
persons, females, or persons with disabilities, even though none of the three classes alone
holds at least a 51% interest, the ownership requirement for purposes of this Act is
considered to be met. The certification category for the business is that of the class
holding the largest ownership interest in the business. If 2 or more classes have equal
ownership interests, the certification category shall be determined by the Department of
Central Management Services.
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