§ 102-444. Definitions.

The following words, terms and phrases, when used in this program, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Atlanta MSA shall mean the geographical area consisting of the following 20 counties: Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, Pickens, Rockdale, Spalding and Walton.

Bid shall mean a quotation, proposal, sealed bid or offer to perform or provide labor, materials, supplies or services to the county for a price on an eligible project, or for an eligible project that generates revenue for the county.

Bidder shall mean any individual, sole proprietorship, partnership, joint venture, or corporation that submits a bid or proposal to the county.

Certification shall mean official recognition and approval by the Department of Purchasing and Contract Compliance (DPCC) that a business meets the qualification criteria of a small business enterprise as determined by accepting SBE certifications from the United States Department of Transportation and Small Business Administration, Georgia Department of Transportation, MARTA, City of Atlanta and other cities and counties within the Atlanta MSA, and other agencies Fulton County deems appropriate.

Commercially useful function (CUF) : for the purpose of determining whether a business enterprise is performing a commercially useful function, DPCC shall consider all of the facts in the record, viewed as a whole, including without limitation the following:

(1)

An SBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing and supervising the work involved.

(2)

To perform a commercially useful function, the SBE must be responsible, with respect to material and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.

(3)

To determine whether an SBE is performing a commercially useful function, DPCC will evaluate the amount of work subcontracted by the SBE, industry practices regarding subcontracting, whether the amount the SBE is to be paid under the contract is commensurate with the work it its actually performing, the SBE credit claimed for its performance of the work and other relevant factors.

(4)

An SBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of SBE participation. In determining whether an SBE is such an extra participant, DPCC will examine similar transactions, particularly those in which SBEs do not participate.

Contract shall mean and include any agreement between the county and a person or business enterprise to provide or procure labor, materials, equipment, supplies and services to, for or on behalf of the county. A "contract" shall include an agreement between the county and a person or business enterprise to perform professional architectural and engineering services, construction related services or fund the performance of such services, non-professional services and/or goods. Except as otherwise specifically defined in this section, a "contract" does not include:

(1)

Awards made by the county to a non-profit entity which the county offers assistance, guidance, or supervision on a project or program and the recipient of the grant award uses the grant monies to provide services to the community;

(2)

Sales transactions where the county sells its personal or real property;

(3)

A loan transaction where the county is acting as a debtor or a creditor;

(4)

Lease and franchise agreements;

(5)

Agreements to use county real property; or,

(6)

Gifts of materials, equipment, supplies or services to the county.

Contractor shall mean a prime contractor or vendor on a county contract.

County shall mean Fulton County.

Day or days shall refer to calendar days.

Department of Purchasing and Contract Compliance (DPCC) shall mean the Department of Purchasing and Contract Compliance for Fulton County.

Eligible project shall mean:

(1)

Any county contract with an SBE participation goal attached as identified by the DPCC Administrator excluding sole source procurement, emergency procurement and contracts governed by 49 CFR Parts 23 and 26.

(2)

For purposes of this program, contract or project "value" shall mean either the expenditure of funds by the county, or the generation of revenue for the county by a contractor as a direct result of a county contract.

Joint venture shall mean an association of two or more persons, partnerships, corporations, or any combination of them, established to carry on a single business activity that is limited in scope and duration. The agreement establishing the joint venture, partnership or other multi-entity relationship shall be in writing. Further, participation in a joint venture shall be based on the sharing of real economic interest in the venture and shall include proportionate control over management, interest in capital acquired by the joint venture and interest in earnings.

Small business enterprise (SBE) shall mean a firm with a location in the Atlanta MSA which is an independent and continuing enterprise for profit, performing a commercially useful function, for which the gross revenues or number of employees, inclusive of any affiliates as defined by 13 CFR § 121.103, does not exceed the size standard for its industry as defined by 13 CFR § 121.201 (as further explained in 13 CFR §§ 121.104 through 121.107), and which has: either (1) filed a letter or other documentation from the United States Small Business Administration that establishes that the firm is certified as an 8(a) firm, small business enterprise, or HUBZone firm; (2) a letter or other documentation from the City of Atlanta, MARTA, or Georgia Department of Transportation (GDOT) that establishes that the firm is certified as a DBE; or (3) submit proof of small business certification from a certifying agency within Georgia that applies the small business size standards consistent with or less than the applicable revenue and employment size standards for small businesses established by the United States Small Business Administration, and meets other county criteria related to SBE certification.

SBE status shall mean whether a firm meets the qualification criteria of an SBE, as set forth in this program.

Supplier shall mean a warehouser or manufacturer of materials, supplies or equipment which contracts directly with a bidder to provide such materials, supplies or equipment on an eligible project which involves a trade or service. For purposes of measuring the total contract dollars awarded or paid to suppliers on eligible projects, only amounts paid to suppliers of goods customarily and ordinarily used based upon standard industry or trade practices shall be counted towards SBE goals.

(Res. No. 16-0864, App. A(B), 10-5-16)