W. Va. Code R. § 148-22-2

Current through Register Vol. XLI, No. 35, August 30, 2024

Section 148-22-2 - Definitions

As used in this rule, all terms have the same meaning as provided in W. Va. Code ''5A-1-1 and 5A-3-59, et seq. and as follows:

2.1. "Affiliate" means a business that is related to another business in any of the following ways:

(1) a business directly or indirectly controls or has power to control another;

(2) a business is directly or indirectly controlled by or subject to the power to be controlled by another;

(3) a third party or parties controls or has the power to control two or more businesses; or

(4) such an "identity of interest" exists between or among businesses that affiliation may be presumed.

2.2. "Annual gross receipts" includes all revenue in whatever form received or accrued from whatever source. Sources of revenue include, but are not limited to the sale of products or services, interest, dividends, rents, royalties, fees, or commissions.

2.3. "Bid" means an offer to perform services or contracting services, or to supply commodities or printing at a specified price.

2.4. "Certification" means the process by which a business is determined to be a small, women-owned, or minority-owned business.

2.5. "Certified" means the status accorded to an applicant upon the determination that the applicant has satisfied the requirements for certification as a small, women-owned or minority-owned business.

2.6. "Code" means the West Virginia Code.

2.7. "Commodities" means supplies, material, equipment, contractual services, and any other articles or things used by or furnished to a department, agency or institution of the state government.

2.8. "Director" means the Director of the Purchasing Division of the State of West Virginia, Department of Administration, or his designee.

2.9. "Purchasing Division" means the West Virginia Department of Administration, Purchasing Division.

2.10. "Minority individual" means an individual who is a citizen of the United States or a noncitizen who is in full compliance with United States immigration law and who satisfies one or more of the following definitions:

2.10.a. "African American" means a person having origins in any of the original peoples of Africa and who is regarded as such by the community of which this person claims to be a part.

2.10.b. "Asian American" means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands, including, but not limited to, Japan, territory of the Pacific, India, Pakistan, Bangladesh or Sri Lanka and who is regarded as such by the community of which this person claims to be a part.

2.10.c. "Hispanic American" means a person having origins in any of the Spanish speaking peoples of Mexico, South or Central America, or the Caribbean Islands or other Spanish or Portuguese cultures and who is regarded as such by the community of which this person claims to be a part.

2.10.d. "Native American" means a person having origins in any of the original peoples of North America and who is regarded as such by the community of which this person claims to be a part or who is recognized by a tribal organization.

2.11. "Minority-owned business" means a business concern that is at least fifty-one percent owned by one or more minority individuals or in the case of a corporation, partnership, or limited liability company or other entity, at least fifty-one percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals.

2.12. "Printing" means printing, binding, ruling, lithographing, engraving and other similar services.

2.13. "Small business" means a business, independently owned or operated by one or more persons who are citizens of the United States or noncitizens who are in full compliance with United States immigration law, which, together with Affiliates, has two hundred fifty or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years.

2.14. "State agency" means any authority, board, department, instrumentality, institution, agency, or other unit of state government. "State agency" does not include any county, city, or town.

2.15. "Vendor" means any person, whether selling at retail or otherwise, engaged in furnishing or rendering services, selling commodities, or furnishing printing.

2.16. "Women-owned business" means a business concern that is at least fifty-one percent owned by one or more women who are citizens of the United States or noncitizens who are in full compliance with United States immigration law, or in the case of a corporation, partnership or limited liability company or other entity, at least fifty-one percent of the equity ownership interest is owned by one or more women who are citizens of the United States or noncitizens who are in full compliance with United States immigration law, and both the management and daily business operations are controlled by one or more women who are citizens of the United States or noncitizens who are in full compliance with United States immigration law.

W. Va. Code R. § 148-22-2