N.Y. Public Authorities Law § 1699-m: Definitions

§ 1699-m. Definitions. In this article:

a. "Chairman" means the chairman of the dormitory authority.

b. "Minority business concern" means a socially and economically

disadvantaged applicant concern which is owned or controlled by one or

more persons who have been deprived of the opportunity to develop and

maintain a competitive position in the economy because of social or

economic disadvantages. Such disadvantages may arise from cultural,

social or economic circumstances. Such persons include, but are not

limited to, Black Americans, American Indians, Spanish-Americans,

Oriental-Americans, Eskimos, Aleuts and servicemen in the armed forces

during the Vietnam era.

c. "Small business" means a business which is independently owned and

operated, and which is not dominant in the field of operation. The

authority shall establish a detailed definition by rule, using in

addition to the foregoing criteria, other criteria, including the number

of employees and the dollar volume of business. When computing the size

status of a bidder, annual sales and receipts of the bidder and all of

its affiliates shall be included. The maximum number of employees and

the maximum dollar volume which a small business may have under the

rules promulgated by the authority shall vary from industry to industry

to the extent necessary to reflect differing characteristics of such

industries based on the criteria used by the federal Small Business

Administration for loans to small businesses as set forth in Section

121.3-10 and Schedules A, C and D (or for awarding government

procurements as set forth in Section 121.3-S and Schedule B) of Part 121

of Chapter I of Title 13 of the Code of Federal Regulations, as amended,

subject to the following general limitations unless the above

regulations provide for other size or annual receipts standards for any

industry or subindustry;

(1) No wholesale business is a small business if its annual sales for

its most recently completed fiscal year, nor is a construction business

if its average annual receipts for the preceding three fiscal years,

exceed one million dollars.

(2) No retail business or business selling services is a small

business if its annual sales and receipts exceed two hundred fifty

thousand dollars.

(3) No manufacturing business is a small business if it employs more

than two hundred fifty persons.

d. "Small business set-asides" means a purchase request for which bids

are to be invited and accepted only from small businesses by the

chairman.