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The 192nd General Court of the Commonwealth of Massachusetts

Section 58: Definitions applicable to Secs. 59 to 61

[ Text of section effective until January 1, 2021. For text effective January 1, 2021, see below.]

  Section 58. As used in sections 59 to 61 of this chapter, the following words shall have the following meanings, unless a contrary intent is clearly indicated:-

  "Certified business enterprise" and "certified business", a business certified pursuant to section 61.

  "Director", the director of the supplier diversity office.

  "Disadvantaged business enterprise", a disadvantaged business enterprise as defined by the United States Department of Transportation in 49 C.F.R. § 26 et seq.

  "Minority business enterprise" or "MBE", for the purpose of receipt of services from SDO, means a business enterprise that is owned and controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to, African Americans, Cape Verdeans, Western Hemisphere Hispanics, Asians, American Indians, Eskimos, and Aleuts. For purposes of section 61 and of section 40N of chapter 7, the term "minority owned business" shall have the same meaning as "minority business enterprise".

  "Office", the supplier diversity office as established by section 61.

  "SDO", the supplier diversity office as designated by section 61. The office shall be the successor to the office of minority and women business assistance.

  "Secretary", the secretary of the executive office for administration and finance.

  "State purchasing agent", the head of the operational services division of the executive office for administration and finance.

  "Unified certification program", the program, whereby the supplier diversity office certifies disadvantaged business enterprises, as required by regulations of the United States Department of Transportation in 49 C.F.R. § 26 et seq.

  "Veteran business enterprise" or "VBE", a business enterprise that is both owned and controlled by 1 or more veterans, as defined in section 7 of chapter 4, who has invested in an ongoing business free of conversion rights.

  "Women business enterprise" or "WBE", for the purpose of receipt of services from SDO means a business enterprise that is both owned and controlled, by one or more women who have invested in an ongoing business free of conversion rights. For purposes of section 61 and of section 40N of chapter 7, the term "women owned business" shall have the same meaning as "women business enterprise."

Chapter 7: Section 58. Definitions applicable to Secs. 59 to 61

[ Text of section as amended by 2020, 262, Sec. 1 effective January 1, 2021. See 2020, 262, Sec. 5. For text effective until January 1, 2021, see above.]

  Section 58. As used in sections 57 to 61, inclusive, of this chapter, the following words shall have the following meanings, unless a contrary intent is clearly indicated:-

  "Affirmative marketing program'', the program focused on increasing minority and women owned business participation in construction and design projects created pursuant to section 6 of chapter 7C with additional obligations set forth in section 61 of this chapter.

  "Agency'' or "state agency'', a legal entity of state government established by the general court or by executive order as an agency, board, bureau, commission, council, department, office or division within the executive branch of the commonwealth with a specific mission and which is subject to the control of the governor.

  "Certified business enterprise'' and "certified business'', a business certified pursuant to section 61.

  "Disability-owned business enterprise'' or "DOBE'', for the purpose of receipt of services from SDO means a business enterprise that is both owned and controlled by one or more individuals with disabilities who have invested in an ongoing business free of conversion rights.

  "Disadvantaged business enterprise'', a disadvantaged business enterprise as defined by the United States Department of Transportation in 49 C.F.R. § 26 et seq. and as certified by the Massachusetts Department of Transportation.

  "Diverse business'', a minority business enterprise, women business enterprise, veteran business enterprise, service-disabled veteran-owned business enterprise, disability-owned business enterprise or lesbian, gay, bisexual and transgender business enterprise, and any other certification category as established by statute or executive order.

  "Diversity program'' or "Diversity programs'', state diverse procurement programs as defined herein, including the supplier diversity program, the affirmative marketing program and the MassDOT M/WBE program.

  "Executive director'', the head of the supplier diversity office.

  "Lesbian, gay, bisexual and transgender business enterprise'' or "LGBTBE'', for the purpose of receipt of services from SDO means a business enterprise that is both owned and controlled by one or more LGBT individuals who have invested in an ongoing business free of conversion rights.

  "MassDOT M/WBE Program'', the Massachusetts Department of Transportation contract award process for horizontal construction projects using only state funding.

  "Minority business enterprise'' or "MBE'', for the purpose of receipt of services from SDO, means a business enterprise that is owned and controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to, African Americans, Cape Verdeans, Western Hemisphere Hispanics, Asians, American Indians, Eskimos, and Aleuts.

  "SDO'', "Office'', or "Supplier diversity office'', the commonwealth's supplier diversity office as designated by section 58A and section 61. The office is the successor to the state office of minority and women business assistance.

  "Secretariat'', an executive office established pursuant to section 2 of chapter 6A and the agencies organized therein.

  "Secretary'', the secretary of administration and finance.

  "Service-disabled veteran-owned business enterprise'' or "SDVOBE'', a business that is verified by the federal government's Department of Veterans Affairs pursuant to the Veterans Benefits, Health Care, and Information Technology Act of 2006, Pub. L. 109-461, and determined to be a service-disabled veteran-owned small business concern in accordance with 38 CFR Part 74 and Pub. L. 111-275.

  "Small business purchasing program'', the program in section 22O and established by executive order to support the existence and growth of small businesses by providing them with special consideration within the commonwealth's procurement process for goods and services required by state agencies.

  "Supplier diversity program'', a program to promote equality in, and to encourage the participation of, diverse businesses in procurements and contracts for goods and services as further defined by executive order.

  "Veteran business enterprise'' or "VBE'', for the purpose of receipt of services from SDO means a business enterprise that is both owned and controlled by one or more veterans, as defined in section 7 of chapter 4, who has invested in an ongoing business free of conversion rights.

  "Women business enterprise'' or "WBE'', for the purpose of receipt of services from SDO means a business enterprise that is both owned and controlled, by one or more women who have invested in an ongoing business free of conversion rights.