Business Classification Status

Modified on Wed, May 27, 2020 at 10:36 AM

 “HUBZone small business concern” means a business located in a historically underutilized business zone, which is an area located within one or more qualified census tracts, qualified non-metropolitan counties, or lands within the external boundaries of an Indian reservation.  The HUBZone small business concern must appear on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. The company must maintain a "principal office" in one of these specially designated areas. The program resulted from provisions contained in the Small Business Reauthorization Act of 1997.  For SBA HUBZone information visit:  https://eweb1.sba.gov/hubzone/internet.  


Minority-owned business” is a for-profit enterprise, regardless of size, physically located in the United States or its trust territories, which is owned, operated and controlled by minority group members. "Minority group members" are United States citizens who are Asian, Black, Hispanic and Native American. Ownership by minority individuals means the business is at least 51% owned by such individuals or, in the case of a publicly-owned business, at least 51% of the stock is owned by one or more such individuals. Further, the management and daily operations are controlled by those minority group members.


Asian-American

A U.S. citizen whose origins are from India, Pakistan and Bangladesh, Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific or the Northern Marianas. 


African-American

A U.S. citizen having origins in any of the Black racial groups of Africa. 


Hispanic-American

A U.S. citizen of true-born Hispanic heritage, from any of the Spanish-speaking areas of Latin America or the following regions: Mexico, Central America, South America, and the Caribbean Basin only. 


Native-American

A person who is an American Indian, Eskimo, Aleut or Native Hawaiian, and regarded as such by the community of which the person claims to be a part. Native Americans must be documented members of a North American tribe, band or otherwise organized group of native people who are indigenous to the continental United States and proof can be provided through a Native American Blood Degree Certificate (i.e., tribal registry letter, tribal roll register number). 


The minority business must obtain certification by an affiliate council of the National Minority Supplier Development Council (NMSDC) before it will be recognized as minority-owned.

  

Service-disabled veteran-owned small business concern”— 

(1) Means a small business concern— 

          (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and 

        (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. 

        (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). 

   (iii)“Small business concern” means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. 


Small Business Concern” is one that is independently owned and operated, not dominant in its field of operation and qualified as a small business under the criteria and size standards in 13 CFR Part 121. Such a concern is “not dominant in its field of operation” when it does not exercises a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged.  In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity..   The law also states that in determining what constitutes a small business, the definition will vary from industry to industry to reflect industry differences accurately.  SBA's Small Business Size Regulations implement the Small Business Act's mandate to SBA.  SBA has also established a table of size standards, matched to North American Industry Classification System (NAICS) industries.  When the U.S. Congress first established SBA, the fundamental question was just what numerical definition should SBA use to define small businesses, industry by industry, to determine what businesses were eligible for SBA's programs.  Over the years SBA has established and revised numerical definitions for all for-profit industries, and this numerical definition is called a "size standard."  It is almost always stated either as the number of employees or average annual receipts of a business concern.  In addition to establishing eligibility for SBA programs, all federal agencies must use SBA's size standards for its Federal Government contracts it identifies as a small business.  Agencies must also use SBA's size standards for their other programs and regulations, unless they are authorized by Federal statute to use something else.  SBA's Office of Size Standards develops and recommends small business size standards to the Size Policy Board and to the Administrator of SBA.  These include recommendations on small business definitions that other Federal agencies propose.  Under the Small Business Act, Federal agencies must obtain the approval of the SBA Administrator before adopting a size standard different from SBA's size standard.  The Office of Government Contracting makes formal "size determinations" on whether a business qualifies as an eligible small business for SBA programs.   NOTICE: In accordance with U.S.C. 645(d), any person who misrepresents a firm’s proper size classification shall (1) be punished by imposition of a fine, imprisonment, or both; (2) be subject to administrative remedies; and (3) be ineligible for participation in programs conducted under the authority of the Small Business Act.   


Small disadvantaged business concern” means a small business concern that represents, as part of its offer that— 

(1) It has received certification as a small disadvantaged business concern consistent with 13 CFR Part 124, Subpart B; 

(2) No material change in disadvantaged ownership and control has occurred since its certification; 

(3) Where the concern is owned by one or more individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and 

(4) It is identified, on the date of its representation, as a certified small disadvantaged business in the database maintained by the Small Business Administration (PRO-Net). 


Veteran-owned small business concern” means a small business concern— 

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and 

(2) The management and daily business operations of which are controlled by one or more veterans. 


Women-owned small business concern” means a small business concern— 

(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and 

(2) Whose management and daily business operations are controlled by one or more women. 



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