2014-378 Planning - J. F. Wilkerson Contracting for Morinaga America Infrastructure Improvements $747,840

Browse Search

' (a) Black American: (b) Hispanic Americans(with origins from Puerto Rico,Mexico,Cuba, ' South or Central America;and (c) Asian-Pacific American (with origins from Japan,China,the Philippines, ' Vietnam,Korea,Samoa,Guam,the U.S.Trust Territories of the Pacific, Northern Marianas,Laos,Cambodia,Taiwan or the Indian subcontinent. (d) American Indian or Alaskan Native (all persons having origins in any of ' the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (2) In order to satisfy this third criteria of the MBE definition,the minority ownership's interest must be real,substantial and continuing. Such interest is characterized by: ' (a) Risk of loss/share of profit commensurate with the proportional ownership;and ' (b) Receipt of the customary incidents of ownership,such as salary and/or intangible benefits. ' (3) A minority owner must have and exercise control of the business decisions. Characteristics of control include, but are not limited to: (a) Authority to sign bids and contracts; (b) Decisions in price negotiations; (c) Incurring liabilities for the firm; ' (d) Final staffing decisions; (e) Policy-making;and (f) General company management decisions. ' d. Only those firms performing a useful business function according to custom and practice in the industry are qualified as MBEs. Acting merely as a passive conduit of funds to some other firm where such activity is unnecessary to accomplish the project does not constitute a"useful business function according to custom and practice in the industry." The purpose of this approach is to discourage the use of MBE"fronts"and limit the creation of an artificial supplier and broker marketplace. ' 2. Small Business Concern:Means a concern,including the affiliates,that is independently owned and operated,not dominant in the field of operation in which it is bidding on government contracts,and qualified as a small business under the criteria and size standards set forth in 13 CFR 121. ' a. Concern: Means any business entity located inside the United States that is organized for profit(even if it is owned by a nonprofit entity), pays U.S.taxes,and/or uses American products,materials,and/or labor,etc. A"concern" may be an individual,a partnership,a corporation,a joint venture,an association,or a cooperative.