2 Colo. Code Regs. § 604-1, ch. 2
Current through Register Vol. 47, No. 20, October 25, 2024
The following definitions will apply to terms used in these Rules.
2.1. Affiliate: Businesses are affiliates of each other if:A. Directly or indirectly, either one controls or has the power to control the other,B. A third party controls or has the power to control both, orC. Relationships or identity of interests between or among parties exist such that affiliation may be found by a reasonable person. Indicia of control include but are not limited to: interlocking management or ownership, identity of interests among family members, shared facilities and equipment, and/or common use of employees.
2.2. Annual Update: Annual evaluation of an ESB's continued eligibility for Certification. For ESBs that are concurrently certified in the Disadvantaged Business Enterprise (DBE) and ESB Programs, CDOT may synchronize the deadline for updating both certifications based on a mutually agreed upon date.2.3. Applicant: A Business that is applying for Certification as an ESB.2.4. Bid: The offer of a Contractor, on the prescribed bid proposal form, to perform the work and to furnish the labor and materials in conformance with the invitation for bids.2.5. Business: A sole proprietorship, partnership, corporation, limited liability company, professional association or any other legal entity authorized by law and operating for profit, that is licensed and/or registered and otherwise authorized to operate in the state of Colorado.2.6. Certification: A determination by CDOT that a Business is eligible to participate in the ESB Program as an ESB, subject to continued compliance with these Rules and any other supplemental policies or procedures related to the ESB Program. While certain courses or licenses may be required for Certification, Certification neither represents nor implies that a business or individual is qualified to perform on a Contract.2.7. Certification Year: The annual period when an ESB's Certification is valid. The annual period begins on the date of an ESB's initial Certification or when the ESB's Annual Update is processed and approved, whichever is most recent. The annual period ends on the following calendar year and on the last day of the month when the initial Certification or Annual Update went into effect, whichever is most recent. For example, if an ESB is certified on August 15, 2020, that ESB's Certification Year begins on August 15, 2020, and ends on August 31, 2021. For ESBs that are concurrently certified as DBEs by CDOT, this period may be shortened or extended in a given year following a mutual agreement between CDOT and the ESB to synchronize the end of its Certification Year with the deadline to update its DBE certification.2.8. Construction: Building, altering, repairing, improving, or demolishing work as described in a CDOT project. This term includes "capital construction" and "controlled maintenance" as defined pursuant to § 24-30-1301, C.R.S.2.9. Contract: A written agreement with CDOT for the performance of Professional Services, Practice of Research, or Construction work.2.10. Contractor: A Business qualified to perform and contracting with or intending to Contract with CDOT to perform Professional Services, Practice of Research, or Construction work.2.11. Controlling Interest: Ownership of fifty-one percent (51%) or more of the Business by one (1) person, or ownership of the largest single portion of the Business by one (1) person if no one (1) person holds fifty-one percent (51%) or more.2.12. C.F.R.: United States Code of Federal Regulations.2.13. C.R.S.: Colorado Revised Statutes, as amended.2.14. Disadvantaged Business Enterprise (DBE): A Business that is certified by the Colorado Unified Certification Program as meeting the certification requirements of the DBE Program.2.15. Disadvantaged Business Enterprise Program (DBE Program): A federal United States Department of Transportation program governed by Title 49, Part 26 of the C.F.R.2.16. Emerging Small Business (ESB): A Business certified by CDOT to participate in the ESB Program.2.17. Emerging Small Business Program (ESB Program): The program pursuant to § 43-1-106(8)(p), C.R.S. and further set forth in these Rules, which is intended to provide assistance to and increase opportunities for ESBs.2.18. NAICS Code: The six-digit classification code and industry description (e.g., Corresponding Index Entry) under the North American Industry Classification System (NAICS).2.19. Overall Cap: The overall size limit for participation in the ESB Program will be equal to the United States Department of Transportation Disadvantaged Business Enterprise (DBE) Program size limit which can be found at 49 C.F.R. 26.65(b).2.20. Practice of Research: The performance of services involving the design, data collection and data analysis of studies such as evaluation studies, usage studies, feasibility studies, environmental impact studies, polling studies and other such studies performed by a person qualified by education or training or actual performance in the field but does not include "Professional Services".2.21. Preponderance of the Evidence: Proof by information that, compared with the opposing proof, leads to the conclusion that the fact at issue is more probably true than not.2.22. Principal: A sole proprietor, general partner, limited partner, director, or officer of the Business.2.23. Professional Services: Those services defined in § 24-30-1402(6), C.R.S., including: 1) the practice of architecture,2) the practice of engineering,3) the practice of professional land surveying,4) the practice of landscape architecture, and5) the practice of industrial hygiene.2.24. Program Benefits: The benefits of the ESB Program as prescribed in Chapter 4 of these Rules. 2.25 Receipts: All revenue of the Business as defined by the DBE Program under 49 C.F.R. § 26.65.44 CR 12, June 25, 2021, effective 7/15/2021