N.Y. PBA Law § 1695*2

* § 1695. Definitions. As used in this article, unless the context\nrequires otherwise:\n a. "Chairman" means the chairman of the dormitory authority.\n b. "Minority business concern" means a socially and economically\ndisadvantaged applicant concern which is owned or controlled by one or\nmore persons who have been deprived of the opportunity to develop and\nmaintain a competitive position in the economy because of social or\neconomic disadvantages. Such disadvantages may arise from cultural,\nsocial or economic circumstances. Such persons include, but are not\nlimited to, Black Americans, American Indians, Spanish-Americans,\nOriental-Americans, Eskimos, Aleuts and servicemen in the armed forces\nduring the Vietnam era.\n c. "Small business" means a business which is independently owned and\noperated, and which is not dominant in the field of operation. The\nauthority shall establish a detailed definition by rule, using in\naddition to the foregoing criteria, other criteria, including the number\nof employees and the dollar volume of business. When computing the size\nstatus of a bidder, annual sales and receipts of the bidder and all of\nits affiliates shall be included. The maximum number of employees and\nthe maximum dollar volume which a small business may have under the\nrules promulgated by the authority shall vary from industry to industry\nto the extent necessary to reflect differing characteristics of such\nindustries based on the criteria used by the federal Small Business\nAdministration for loans to small businesses as set forth in Section\n121.3-10 and Schedules A, C and D (or for awarding government\nprocurements as set forth in Section 121.3-S and Schedule B) of Part 121\nof Chapter I of Title 13 of the Code of Federal Regulations, as amended,\nsubject to the following general limitations unless the above\nregulations provide for other size or annual receipts standards for any\nindustry or subindustry;\n (1) No wholesale business is a small business if its annual sales for\nits most recently completed fiscal year, nor is a construction business\nif its average annual receipts for the preceding three fiscal years,\nexceed five million dollars.\n (2) No retail business or business selling services is a small\nbusiness if its annual sales and receipts exceed one million dollars.\n (3) No manufacturing business is a small business if it employs more\nthan two hundred fifty persons.\n d. "Small business set-asides" means a purchase request for which bids\nare to be invited and accepted only from small businesses by the\nchairman.\n * NB There are 2 § 1695's\n