Title 50, Chapter 5, Section 132
( 50-5-132)
(a) Any minority business enterprise that desires to claim such
status under any law of this state or any regulation promulgated
pursuant thereto shall first apply for certification, in addition to
any other certification required by the provisions of 49 C.F.R. 23,
to the Department of Administrative Services. (b) The Department of Administrative Services shall certify a
business which meets the eligibility requirement of this part to
qualify as a minority business enterprise. To qualify as a minority
business enterprise, the business shall: (1) Be a minority business enterprise; (2) Submit any documentary evidence to support its status as a
minority business enterprise; (3) Sign an affidavit stating that it is a minority business
enterprise; (4) Be qualified to bid pursuant to the provisions of the
Department of Administrative Services and other state agencies;
and (5) Present: (A) An application, including the entire business history of the
operation; (B) Birth certificates for all minority principals; (C) If Native American, a tribal registration card or
certificate; (D) Current resumes on all principals, key managers, and other
key personnel; (E) A current financial statement; (F) Proof of investment by principals; (G) Loan agreements; (H) Lease or rental agreement for space and equipment; (I) Evidence of latest bond; (J) If the applicant is a sole proprietor, a copy of a blank
signature card; (K) If the applicant is a partnership, a copy of the partnership
agreement; and (L) If the applicant is a corporation, articles of organization,
corporation bylaws, copies of all stock certificates, minutes of
the first corporate organizational meeting, bank resolution on
all company accounts, and a copy of the latest United States
corporate tax return.
(c) The Department of Administrative Services shall prepare and
maintain a list of certified minority business enterprises. (d) The Department of Administrative Services may deny certification
to any minority business enterprise which does not qualify as such
under the provisions of this part. Any person adversely affected by
an order of the Department of Administrative Services denying
certification as a minority business enterprise may appeal as
provided in the regulations of the Department of Administrative
Services. |