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154934 <br />D. Substitution of Subcontractors. If the General Contractor, <br />after subcontractor awards, should request the substitution <br />of a subcontractor pursuant to the Subletting and Subcontracting <br />Fair Practices Act (California Government Code Section 4100 <br />et seq) the General Contractor shall replace a WMBE subcontractor <br />with another WMBE subcontractor if such action is necessary to <br />maintain the required level of WMBE participation. In the event <br />that a General Contractor having made sufficient reasonable <br />efforts to find a substitute subcontractor, is unable to do so, <br />the General Contractor may use a non -WMBE subcontractor, subject <br />to the written approval of EHI. <br />VI. DEFINITIONS <br />A. Minority Business Enterprise. A minority business enterprise <br />is a business concern which is owned and controlled by one <br />or more minority persons or by women. <br />1. Small Business Concern. A small business concern shall <br />mean an enterprise which is independently owned and <br />operated and which is not dominant in its field of operation <br />and which further meets the criteria established by the <br />Small Business Administration as set forth in Section 3 of <br />the Small Business Act (15 USCA Section 632) and the <br />implementing regulations (13 CFR 212) as amended. <br />2. Owned and Controlled. Owned and controlled means a small <br />business concern whose management and daily business <br />operations are controlled by minority persons or by women; <br />and which is (1) a sole proprietorship legitimately owned <br />by an individual who is a minority person or woman; (2) a <br />partnership or joint venture in which at least 51 percent <br />of the beneficial ownership interest legitimately is held <br />by minority persons or by women; or (3) a corporation or <br />other entity, including a publicly owned business, in which <br />at least 51 percent of the voting interest and 51 percent of <br />the beneficial ownership interest (i.e., stock) legitimately <br />held and owned by minority persons or women. <br />3. Minority persons. A minority person is a person who is a <br />citizen or lawful permanent resident of the United States <br />and who is: <br />a. Black ( a person having origins in any of the black <br />racial groups in Africa); <br />b. Hispanic ( a person of Spanish or Portugese culture <br />with origins in Mexico, South or Central America, or <br />the Caribbean Islands, regardless of race); <br />c. Asian American (a person having origins in any of the <br />original peoples of the Far East, Southeast Asia, the <br />Indian subcontinent, or the Pacific Islands); or <br />