Agmt 2002 Alameda County Transportation Improvement Authority ACTIA (3)

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ACTIA 2002 -26 APPENDIX A California Code of Regulations' Definition of Small Businesses (TITLE 2. Administration Division 2. Financial Operations Chapter 3. Department of General Services Subchapter 8. Office of Small Business Procurement and Contracts Article 1. General Provisions 1896. Definition of Terms As Used in This Subchapter (j) "Average Annual Gross Receipts" means all pecuniary gross receipts (less returns, allowances and interaffiliate transactions), the assignment of such receipts notwithstanding, of a business concern from whatever source derived, as entered or to have been entered on its regular books of account for its most recently completed fiscal year (whether on a cash, accrual, completed contracts, percentage of completion or other commonly recognized and accepted accounting method). Proof of average annual gross receipts must be provided in the form of either: (I) A copy of completed tax returns (with all schedules), as filed with the United States Department of the Treasury, Internal Revenue Service, for Federal income tax purposes; or (2) Audited financial statements covering the applicant business concern and all affiliates; or • (3) If the documents required under I or 2 above are unavailable, an unaudited financial statement covering the applicant business concern and all affiliates; and (4) A duly sworn and notarized statement which attests to the truthfulness and accuracy of the unaudited financial statement as well as the authority of the signatory to make such representation regarding the applicant business concern and a promise to provide the information required under I or 2 above within 90 days of the effective date of certification. Average annual gross receipts will be determined by adding the gross receipts for the applicant concern and any affiliates during the previous three tax years and dividing by three. Should a sole proprietorship or partnership be in business for less than three tax years, additional prior year(s) personal and affiliate gross receipts will be considered to complete the aggregate gross receipts for the previous three years to be averaged. Should a corporation be in business for less than three tax years, the average annual gross receipts will be determined by dividing the total gross receipts by If a concern which has been in business more than 12 months changes its tax year (fiscal year), its annual receipts will be determined from its most recently completed 36 months period in business. Once the new fiscal year has been completed, the Office of Small and Minority Business, also known as the Office of Small Business Certification and Resources, may require a new application which sets forth the applicant's annual receipts under the new fiscal year cycle. If a concern has acquired an affiliate during the applicable tax year, it is necessary in computing the applicant's annual receipts, to include the affiliate's receipts during the entire applicable tax year, rather than only its receipts during the period in which it has been an affiliate during a portion of the applicable tax year. Alameda County Transportation Authority Page E -l8 Local Business Enterprise and Small Local Business Enterprise Program