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ACTIA 2002-26.01 <br />APPENDIX A <br />California Code of Regulations' <br />Definition of Small Businesses <br />TITLE 2. Administration <br />Division 2. Financial Operations <br />Chapter 3. Department of General Services <br />Subchapter 8. Office of Small Business Procurement and Contracts <br />Article 1. General Provisions <br />41896. Definition of Terms As Used"in-This'Subchapter`'" <br />0) "Average Annual Gross Receipts" means all pecuniary gross receipts (less returns, <br />allowances and interaffiliate transactions), the assignment of such receipts notwithstanding, of a <br />business concern from whatever source derived, as entered or to have been entered on its regular <br />books of account for its most recently completed fiscal year (whether on a cash, accrual, <br />completed contracts, percentage of completion or other commonly recognized and accepted <br />accounting method). Proof of average annual gross receipts must be provided in the form of <br />either: <br />(1) A copy of completed tax returns (with all schedules), as filed with the United States <br />Department of the Treasury, Internal Revenue Service, for Federal income tax purposes; or <br />(2) Audited financial statements covering the applicant business concern and all affiliates; or <br />(3) If the documents required under 1 or 2 above are unavailable, an unaudited financial <br />statement covering the applicant business concern and all affiliates; and <br />(4) A duly sworn and notarized statement which attests to the truthfulness and accuracy of the <br />unaudited financial statement as well as the authority of the signatory to make such <br />representation regarding the applicant business concern and a promise to provide the information <br />required under 1 or 2 above within 90 days of the effective date of certification. <br />Average annual gross receipts will be determined by adding the gross receipts for the applicant <br />concern and any affiliates during the previous three tax years and dividing by three. Should a <br />sole proprietorship or partnership be in business for less than three tax years, additional prior <br />year(s) personal and affiliate gross receipts will be considered to complete the aggregate gross <br />receipts for the previous three years to be averaged. Should a corporation be in business for less <br />than three tax years, the average annual gross receipts will be determined by dividing the total <br />gross receipts by <br />If a concern which has been in business more than 12 months changes its tax year (fiscal year), <br />its annual receipts will be determined from its most recently completed 36 months period in <br />business. Once the new fiscal year has been completed, the Office of Small and Minority <br />Business, also known as the Office of Small Business Certification and Resources, may require a <br />new application which sets forth the applicant's annual receipts under the new fiscal year cycle. <br />If a concern has acquired an affiliate during the applicable tax year, it is necessary in computing <br />the applicant's annual receipts, to include the affiliate's receipts during the entire applicable tax <br />year, rather than only its receipts during the period in which it has been an affiliate during a <br />portion of the applicable tax year. <br />Alameda County Transportation Authority Page E-18 <br />Local Business Enterprise and Small Local Business Enterprise Program <br />