(1) "Contracting agency" has the meaning given that term in ORS 279A.010.

(2) "Contractor" means a person that agrees to legally enforceable terms and conditions under which the person performs services or supplies materials in accordance with a contracting agency’s specifications and for the purpose of accomplishing results the contracting agency intends, while retaining control of the means, methods and manner of performing the services or supplying the materials.

(3) "Disadvantaged business enterprise" means a small business concern:

(a) At least 51 percent of which one or more socially and economically disadvantaged individuals own; or

(b) At least 51 percent of the stock of which, if the small business concern is a corporation, is owned by one or more economically disadvantaged individuals who also control and manage the daily business operations of the small business concern.

(4) "Economically disadvantaged individual" means a socially disadvantaged individual for whom diminished capital and credit opportunities have impaired the individual’s ability to compete in the free enterprise system as compared to other individuals in the same business area who are not socially disadvantaged individuals.

(5) "Emerging small business" means an independent business concern that:

(a) Has a principal place of business located in this state;

(b) Qualifies as a tier one firm or a tier two firm;

(c) Is properly licensed and legally registered in this state; and

(d) Is not a subsidiary or parent company that belongs to a group of firms that the same individuals own or control if, in the aggregate, the group of firms does not qualify as a tier one firm or a tier two firm.

(6) "Minority individual" means an individual who is a citizen or lawful permanent resident of the United States and is:

(a) African American, having origins in any of the original peoples of Africa;

(b) Hispanic, having Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race;

(c) Asian American, having origins in any of the original peoples of East Asia, Southeast Asia, the Indian subcontinent or the Pacific Islands;

(d) Portuguese, having Portuguese, Brazilian or other Portuguese culture or origin, regardless of race;

(e) American Indian or Alaskan Native, having origins in any of the original peoples of North America; or

(f) Any other individual or member of another group that the Certification Office for Business Inclusion and Diversity determines is socially and economically disadvantaged.

(7) "Minority-owned business," "woman-owned business" or "business that a service-disabled veteran owns" means, as appropriate, a small business concern:

(a) At least 51 percent of which one or more minority individuals, women or service-disabled veterans own and control; or

(b) At least 51 percent of the stock of which, if the small business concern is a corporation, is owned by one or more minority individuals, women or service-disabled veterans who also control and manage the daily business operations of the small business concern.

(8) "Responsible bidder or proposer" means a bidder or proposer that the Governor’s Policy Advisor for Economic and Business Equity determines has undertaken both a policy and practice of actively pursuing participation by minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own or emerging small businesses in all of the bidder’s or proposer’s bids or proposals, both public and private.

(9) "Service-disabled veteran" means a veteran who has a United States Department of Veterans Affairs disability rating of at least zero percent as a result of an injury or illness that the veteran incurred, or that was aggravated, during active military service and who received a discharge or release under other than dishonorable conditions.

(10) "Small business concern" means a small business, as defined by the United States Small Business Administration in 13 C.F.R. part 121, as in effect on January 1, 2016.

(11) "Socially disadvantaged individual" means an individual who has been subjected to racial or ethnic prejudice or cultural bias, without regard to individual qualities, because of the individual’s identity as a member of a group.

(12) "State contracting agency" has the meaning given that term in ORS 279A.010.

(13) "Subcontractor" means a contractor that does not have a direct contractual relationship with a contracting agency.

(14) "Tier one firm" means a business that employs not more than 19 full-time equivalent employees and has average annual gross receipts for the last three years that do not exceed an amount that the Oregon Business Development Department specifies by rule.

(15) "Tier two firm" means a business that employs not more than 29 full-time equivalent employees and has average annual gross receipts for the last three years that do not exceed an amount that the Oregon Business Development Department specifies by rule.

(16) "Woman" means a person of the female gender who is a citizen or lawful permanent resident of the United States. [1987 c.893 §2; 1989 c.1043 §1; 1991 c.517 §9; 2001 c.104 §71; 2003 c.794 §213; 2005 c.22 §§150,151; 2005 c.683 §§4,5; 2015 c.565 §1]