§ 102-447.2. Small business enterprise program goals and counting procedures.

(1)

The Purchasing Director will set a specific percentage SBE goal on a contract-by contract basis for prime contracts, for contracts with subcontracting opportunities, and for supplier contracts, and shall have the authority to establish such SBE goal on a contract-by-contract basis based upon the type of contract, the type of subcontracting work that will be required, and the availability of SBEs to perform the work for that specific contract. Every bidder on an eligible project that has an SBE goal shall be required to submit, with its bid submission, the names, address, certification numbers, if applicable, of certified SBEs and any other information required by DPCC as set forth in the project's solicitation documents.

(2)

SBE participation is counted as follows:

(a)

Once a firm is certified as an SBE, the total dollar value of the prime contract, subcontract or supplier contract awarded to the SBE by the county or the contractor is counted toward the applicable SBE goal. However, if an SBE fails to be recertified during the term of the contract, or if an SBE is decertified during the term of the contract, the dollar value of the contract awarded to that SBE cannot be counted toward the applicable SBE goal.

(b)

The county will count toward its SBE goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of the ownership and contractual commitment to the SBE partner in the joint venture.

(c)

The county will count toward its SBE goal only expenditures to SBEs that perform a commercially useful function in the work of the contract.

(d)

The county will count toward its SBE goals the following expenditures to SBE firms that are not suppliers:

i.

The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the contract, provided that the fee or commission is determined by the county to be reasonable and not excessive as compared with fees customarily allowed for similar services.

ii.

The fees charged for delivery of materials and supplies required on a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the materials and supplies, provided that the fee is determined by the county to be reasonable and not excessive as compared with fees customarily allowed for similar services. The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the contract, provided that the fee or commission is determined by Fulton County to be reasonable and not excessive as compared with fees customarily allowed for similar services.

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