Section 481.25.1. Definitions.

“Certification” means the process which identifies small businesses as targeted and eligible for financial and technical assistance.

“Conditional certification” means a temporary certification identifying targeted group persons-owned companies before the business is operational in order for the applicant to apply for financial and technical assistance.

“Contractor” means the person who contracts to perform work for the state.

“Cottage industry” means a business where the principal place of business is the owner’s residence.

“Department” means the department of inspections and appeals.

“Disability” means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of physical or mental impairment that substantially limits one or more of the major life activities of the individual, or being regarded as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of the individual. “Disability” does not include any of the following:

            1.      Homosexuality or bisexuality.

            2.      Transvestitism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders.

            3.      Compulsive gambling, kleptomania, or pyromania.

            4.      Psychoactive substance abuse disorders resulting from current illegal use of drugs.

“Experience or expertise” means the targeted group owner’s or owners’ experience or expertise must be:

            1.      In the areas critical to the operation of the business; and

            2.      Specific to the type of work the business performs.

“Family” means a group of people who are related as follows: father, mother, son, daughter, brother, sister, husband, wife, grandmother, grandfather, grandchildren, stepfather, stepmother, stepdaughter, stepson, stepbrother, stepsister, half-sister, or half-brother.

“Family-owned business” means a business owned by more than one member of one family. Characteristics of a family-owned business include, but are not limited to:

            1.      Ownership is shared by family members;

            2.      Profits are disbursed among family members;

            3.      Business tax return is filed in the name of the company with the family members listed as officers.

“Gross income” means the total sales less the cost of goods sold plus any income from investments and from incidentals or outside operations or sources.

“Intention” means an attempt has been made to perform the work.

“Lending institution” means any bank, savings and loan or credit union.

“Major life activity” includes functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.

“Minority” means an individual who is a Black, Latino, Asian, Pacific Islander, American Indian or Alaskan Native American.

“Owner’s residence” means the owner’s legal residence.

“Person” means individual, corporation, government or governmental subdivision or agency, estate, trust, partnership or association, or any other legal entity.

“Service-disabled veteran” means the same as defined in 15 U.S.C. Section 632.

“Single management” means a business which is not a subsidiary of any other business.

“Targeted group persons (TGP)” means minorities, women, persons with disabilities, and service-disabled veterans.

“Targeted small business (TSB)” means a small business which is 51 percent or more owned, operated, and actively managed by one or more targeted group persons provided the business meets all of the following requirements:

            1.      Is located in this state;

            2.      Is operated for profit;

            3.      Has an annual gross income of less than $4 million, computed as an average of the three preceding fiscal years.

“Targeted small business owner” means one or more women, minorities, persons with disabilities, service-disabled veterans, or a combination thereof, owning at least 51 percent of a business.

“Uniform small business vendor application” means the application developed by the Iowa department of economic development which can be adopted by all agencies and departments of state government to identify small businesses and targeted small businesses. The form contains information which can be used to determine certification as a targeted small business for participation in the Iowa targeted small business procurement program.

“Woman” means any female 18 years of age or older.

[ARC 2221C, IAB 10/28/15, effective 12/2/15]