(a) Affiliate or affiliation refers to a relationship of direct or indirect control or shared interests, as determined in section 1896.12, subdivision (d)(6), between the applicant or a small business and another business.

(b) ALJ means Administrative Law Judge appointed by the Office of Administrative Hearings in accordance with Government Code section 11502, subdivision (b).

(c) Applicant means a business that has filed for certification as a small business with OSDS.

(d) Assignment means a transfer of all or part of one's property, interest, rights, or responsibility.

(e) Awarding department means a state agency, department, office, board, commission, and any other entity empowered by law to enter into contracts on behalf of the State of California.

(f) Bid means an offer made in response to a solicitation.

(g) Business means an entity organized for profit including, but not limited to, sole proprietorship, partnership, limited liability partnership, corporation, limited liability company, joint venture, association or cooperative.

(h) Contract means an agreement made by an individual or business which secures services, supplies, equipment or other such considerations for or on behalf of the state.

(i) Control means having the power and authority to direct the overall destiny and/or day-to-day operations of the business.

(j) Department means the Department of General Services.

(k) Disabled Veteran Business Enterprise (DVBE) means a business defined in the Military and Veterans Code section 999, subdivision (b)(7)(A).

(l) Discontinuance means an interruption in certification pursuant to section 1896.17 subdivision (b), remediable by restoration to the certified status in accordance with section 1896.17, subdivision (c).

(m) Employee means an employed individual that is:

(n) Gross annual receipts (GAR) means “Total Gross Receipts or Sales” less “Returns and Allowances,” as reported on income tax returns, as filed with the federal Internal Revenue Service. Gross annual receipts and annual gross receipts are used interchangeably and calculation of gross annual receipts of a business shall not be further adjusted to reflect individual ownership percentages, for the purposes of this subchapter.

(o) Local agency means any county, city, city and county, district, public authority, public agency, school district, and any other political subdivision or public corporation in the state, but does not include the state.

(p) Microbusiness means:

(q) Net bid price means the verified price of a bid, after all adjustments described in the solicitation have been made.

(r) Non-small business means a business that is not certified by OSDS.

(s) Principal office means a physical location where the business is headquartered and where management, direction and control of operations originate. In accordance with section 1896.12, the street address or physical location must be in California. Post office boxes (P.O. Box) and private mailboxes (PMB) are not acceptable replacements for a physical business street address.

(t) Responsive bid and Responsible bidder are defined in the State Contracting Manual Volume 2 Chapter 14 Section 1404.2.

(u) Small Business means a business that meets the eligibility requirements contained herein and has been certified by OSDS as a small business as defined in Government Code section 14837, subdivision (d)(1)(A) and in accordance with the requirements of section 1896.12. For the purposes of these regulations, whenever the term small business is used, it means a certified small business and includes microbusinesses and small businesses for the purpose of public works.

(v) Small Business for the purpose of public works is defined in Government Code section 14837, subdivision (d)(1)(B) and certified in accordance with the requirements of section 1896.13.

(w) Solicitation is defined in the State Contracting Manual Volume 2 Chapter 14 Section 1405.1.

(x) Subcontractor means a contractor who contracts directly with the prime contractor, and as defined in Public Contract Code section 4113.

(y) Tax return means all forms, schedules and attachments submitted to the Internal Revenue Service, the Franchise Tax Board and/or other jurisdictions.