[Code of Federal Regulations] [Title 13, Volume 1] [Revised as of January 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 13CFR126.103] [Page 416-418] TITLE 13--BUSINESS CREDIT AND ASSISTANCE CHAPTER I--SMALL BUSINESS ADMINISTRATION PART 126--HUBZONE PROGRAM--Table of Contents Subpart A--Provisions of General Applicability Sec. 126.103 What definitions are important in the HUBZone program? Administrator means the Administrator of the United States Small Business Administration (SBA). AA/8(a)BD means SBA's Associate Administrator for 8(a) Business Development. AA/HUB means SBA's Associate Administrator for the HUBZone Program. ADA/GC&8(a)BD means SBA's Associate Deputy Administrator for Government Contracting and 8(a) Business Development. Certify means the process by which SBA determines that a HUBZone SBC is qualified for the HUBZone program and entitled to be included in SBA's ``List of Qualified HUBZone SBCs.'' Citizen means a person born or naturalized in the United States. SBA does not consider holders of permanent visas and resident aliens to be citizens. Concern means a firm which satisfies the requirements in Secs. 121.105(a) and (b) of this title. Contract opportunity means a situation in which a requirement for a procurement exists, none of the exclusions from Sec. 126.605 applies, and any applicable conditions in Sec. 126.607 are met. County means the political subdivisions recognized as a county by a state or commonwealth or which is an equivalent political subdivision such as a parish, borough, independent city, or municipio, where such subdivisions are not subdivisions within counties. County unemployment rate is the rate of unemployment for a county based on the most recent data available from the United States Department of Labor, Bureau of Labor Statistics. The appropriate data may be found in the DOL/BLS publication titled ``Supplement 2, Unemployment in States and Local Areas.'' This publication is available for public inspection at the Department of Labor, Bureau of Labor Statistics, Division of Local Area Unemployment Statistics located at 2 Massachusetts Ave., NE, Room 4675, Washington D.C. 20212. A copy is also available at SBA, Office of AA/HUB, 409 3rd Street, SW, Washington D.C. 20416. De-certify means the process by which SBA determines that a concern is no longer a qualified HUBZone SBC and removes that concern from its List. Employee means a person (or persons) employed by a HUBZone SBC on a full-time (or full-time equivalent), permanent basis. Full-time equivalent includes employees who work 30 hours per week or more. Full- time equivalent also includes the aggregate of employees who work less than 30 hours a week, where the work hours of such employees add up to at least a 40 hour work week. The totality of the circumstances, including factors relevant [[Page 417]] for tax purposes, will determine whether persons are employees of a concern. Temporary employees, independent contractors or leased employees are not employees for these purposes. Example 1: 4 employees each work 20 hours per week; SBA will regard that circumstance as 2 full-time equivalent employees. Example 2: 1 employee works 20 hours per week and 1 employee works 15 hours per week; SBA will regard that circumstance as not a full-time equivalent. Example 3: 1 employee works 15 hours per week, 1 employee works 10 hours per week, and 1 employee works 20 hours per week; SBA will regard that circumstance as 1 full-time equivalent employee. Example 4: 1 employee works 30 hours per week and 2 employees each work 15 hours per week; SBA will regard that circumstance as 1 full-time equivalent employee. HUBZone means a historically underutilized business zone, which is an area located within one or more qualified census tracts, qualified non-metropolitan counties, or lands within the external boundaries of an Indian reservation. See other definitions in this section for further details. HUBZone small business concern (HUBZone SBC) means a concern that is small as defined by Sec. 126.203, is exclusively owned and controlled by persons who are United States citizens, and has its principal office located in a HUBZone. HUBZone 8(a) concern means a concern that is certified as an 8(a) program participant and which is also a qualified HUBZone SBC. Indian reservation has the meaning used by the Bureau of Indian Affairs in 25 CFR 151.2(f). This definition refers generally to land over which a ``tribe'' has jurisdiction, and ``tribe'' includes Alaska Native entities under 25 CFR 81.1(w). Interested party means any concern that submits an offer for a specific HUBZone sole source or set-aside contract, any concern that submitted an offer in full and open competition and its opportunity for award will be affected by a price evaluation preference given a qualified HUBZone SBC, the contracting activity's contracting officer, or SBA. Lands within the external boundaries of an Indian reservation includes all lands within the outside perimeter of an Indian reservation, whether tribally owned and governed or not. For example, land that is individually owned and located within the outside perimeter of an Indian reservation is ``lands within the external boundaries of an Indian reservation.'' By contrast, an Indian-owned parcel of land that is located outside the perimeter of an Indian reservation is not ``lands within the external boundaries of an Indian reservation.'' List refers to the database of qualified HUBZone SBCs that SBA has certified. Median household income has the meaning used by the Bureau of the Census, United States Department of Commerce, in its publication titled, ``1990 Census of Population, Social and Economic Characteristics,'' Report Number CP-2, pages B-14 and B-17. This publication is available for inspection at any local Federal Depository Library. For the location of a Federal Depository library, call toll-free (888) 293-6498 or contact the Bureau of the Census, Income Statistics Branch, Housing and Economic Statistics Division, Washington D.C. 20233-8500. Metropolitan statistical area means an area as defined in section 143(k)(2)(B) of the Internal Revenue Code of 1986, (Title 26 of the United States Code). Non-metropolitan has the meaning used by the Bureau of the Census, United States Department of Commerce, in its publication titled, ``1990 Census of Population, Social and Economic Characteristics,'' Report Number CP-2, page A-9. This publication is available for inspection at any local Federal Depository Library. For the location of a Federal Depository Library, call toll-free (888) 293-6498 or contact the Bureau of the Census, Population Distribution Branch, Population Division, Washington D.C. 20233-8800. Person means a natural person. Pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 1626(e), Alaska Native Corporations and any direct or indirect subsidiary corporations, joint ventures, and partnerships of a Native Corporation are deemed to be owned and controlled by Natives, and are thus persons. [[Page 418]] Principal office means the location where the greatest number of the concern's employees at any one location perform their work. However, for those concerns whose ``primary industry'' (see 13 CFR 121.107) is service or construction (see 13 CFR 121.201), the determination of principal office excludes the concern's employees who perform the majority of their work at job-site locations to fulfill specific contract obligations. Qualified census tract has the meaning given that term in section 42(d)(5)(C)(ii)(I) of the Internal Revenue Code (Title 26 of the United States Code). Qualified HUBZone SBC means a HUBZone SBC that SBA certifies as qualified for federal contracting assistance under the HUBZone program. Qualified non-metropolitan county means any county that: (1) Based on the most recent data available from the Bureau of the Census of the Department of Commerce-- (i) Is not located in a metropolitan statistical area; and (ii) In which the median household income is less than 80 percent of the non-metropolitan State median household income; or (2) Based on the most recent data available from the Secretary of Labor, has an unemployment rate that is not less than 140 percent of the statewide average unemployment rate for the State in which the county is located. Reside means to live in a primary residence at a place for at least 180 days, or as a currently registered voter, and with intent to live there indefinitely. Small disadvantaged business (SDB) means a concern that is small pursuant to part 121 of this title, and is owned and controlled by socially and economically disadvantaged individuals, tribes, Alaska Native Corporations, Native Hawaiian Organizations, or Community Development Corporations. Statewide average unemployment rate is the rate based on the most recent data available from the Bureau of Labor Statistics, United States Department of Labor, Division of Local Area Unemployment Statistics, 2 Massachusetts Ave., NE., Room 4675, Washington, D.C. 20212. A copy is also available at SBA, Office of AA/HUB, 409 3rd Street, SW., Washington DC 20416. Women-owned business (WOB) means a concern that is small pursuant to part 121 of this title, and is at least 51 percent owned and controlled by women. [63 FR 31908, June 11, 1998, as amended at 66 FR 4645, Jan. 18, 2001]