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

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— b Non dominant in the field of operation means not exercising a controlling ormajor influence|nanindustry. A controlling or major influence can be derived from factors such as business volume,number of employees,financial resources,competitiveness, ownership or control of materials, processes,patent license agreements,facilities,sales territory,and nature of business activity. C. Affiliates. Business concerns are affiliates of each other,if directly orindirectly: (1) Either one controls or has the power tu control the other;o, (2) Another concern controls or has the power to control both. In determining whether affiliation exists,consideration is given to all appropriate factors including common ownership,common management,and contractual relationships; provided that restraints imposed by a franchise agreement are not considered in determining whether the franchisor controls or has the power to control the franchises, if the franchisee has the right to profit from its efforts,commensurate with ownership, / and bears the risk of loss or failure. Any business entity may be affiliate,whether or not itim organized for profit or located inside the United States. d. means the gross income(less returns and allowances,sales offined assets,and inter-affiliate transactions)of a concern(and its domestic and foreign affiliates)from sales of products and services,interest,rents,fees,commissions,and/or from whatever other sources derived for its most recently completed fiscal year | (whether on a cash,accrual,completed contracts, percentage of completion,or other acceptable accounting basis). |fa concern has been)n business less than ayear,its annual receipts for the purpose of a size standard will be based on one year's receipts, and shall be computed by dividing its average weekly figure by52. |fa concern has been in business less than three years,its average annual receipts,for the purpose of a size ' standard,shall be based on three years' receipts;shall be computed by determining its average weekly receipts for the period in which it has been in business,and multiplying such figure byS2. 3. Positive Efforts are documentable attempts to use small business and minority businesses. 4. isa business which|s certified as such bya State or federal agency,or which meets the following definition: "A woman's business enterprise is an independent business concern which is at least 51 percent owned bya woman or women,who also control and operate it. Determination of whether a business is at least 51 percent owned by a woman or otherwise qualified WBE which is 51 percent owned by a married woman in a community property State will not be disqualified because her husband has a 50 percent owned by a married man and 49 percent owned by an unmarried woman will not become a qualified WBE by virtue of his wife's 5O percent interest|n his share of the business.° In order to comply with the MBE requirements of the federal loan projects,the Special Notice to Bidders shall be,as previously noted,included in the specifications for all �~ contracts and/or subcontracts in excess of$1[lOOO.