(f) Educational institution shall mean:

1. (1) any school, college, university, vocational educational institution or other entity subject to the supervision of the State Education Department pursuant to the State Education Law; and

2. (2) any for-profit enterprise that derives 30 percent or more of its gross income training or instructional activities.

   The term educational institution shall not include any not-for-profit corporation organized for other than educational purposes and affiliated with an entity described in paragraph (1) or (2) of this subdivision.

(j) Certifying agency shall mean a New York State agency, department, public benefit corporation or public authority, or other governmental or quasi-governmental agency that is:

1. (1) designated by the State Certification Director to administer certification in the State; and
2. (2) recognized by the UDC Affirmative Action Department as an acceptable certifying entity.

(n) Eligible banking organization shall mean any of the following organizations that shall be insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA), as the case may be, or any successor agency of FDIC or NCUA:

1. (1) a bank;
2. (2) a savings bank;
3. (3) a credit union;
4. (4) an agency or branch of a foreign banking corporation licensed by the State Banking Department under State Banking Law; or
5. (5) any organization defined as a “banking organization” under State Banking Law, section 2(11).

(r) Government contract shall mean any of the following types of contracts:

1. (1) a construction contract with, or a contract to provide goods or services to, a governmental entity or authority;
2. (2) a subcontract on a government-sponsored construction contract; or
3. (3) a contract or subcontract on a construction project previously approved by the corporation pursuant to section 10 of the UDC Act.

(x) Minority-owned business enterprise (MBE) shall mean any business enterprise that is:

1. (1) organized on a for-profit basis;
2. (2) formally authorized to do business in the State;
3. (3) operated out of a fixed business location; and
4. (4) at least 51 percent owned, or in the case of a publicly-owned business, at least 51 percent of the common stock of which is owned, by United States citizens or permanent resident aliens who are minority persons. Such ownership must be real, substantial and continuing. The ownership interest must have and exercise the authority to control independently the day-to-day business decisions of the enterprise.

(y) Minority or minority person shall mean:

1. (1) Black persons having origins in any of the Black African racial groups, not of Hispanic origin;
2. (2) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent, of either Indian of Hispanic origin, regardless of race;
3. (3) Asian and Pacific Islander persons having origins in any of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands; and
4. (4) American Indian or Alaskan Native persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification.

(ah) Women-owned business enterprise (WBE) shall mean any business enterprise that is:

1. (1) organized on a for-profit basis;
2. (2) formally authorized to do business in the State;
3. (3) operated out of a fixed business location; and
4. (4) at least 51 percent owned, or in the case of a publicly-owned business, at least 51 percent of the common stock of which is owned by United States citizens or permanent resident aliens who are women, regardless of race or ethnicity. Such ownership interest must be real, substantial and continuing. The ownership interest must have and exercise the authority to control independently the day-to-day business decisions of the enterprise.