§ 102-378. Service disabled veterans business enterprise preference.

(a)

Purpose. To expand and increase contracting opportunities for businesses that are owned and controlled by eligible veterans of the United States Armed Forces with service-connected disabilities and who have been honorably discharged.

(1)

In the contracting for goods and services of all kinds and description are to be obtained through the solicitation of competitive sealed proposals (RFP), a veterans preference shall be included as an evaluation criterion to be considered by the vendor selection committee and such preference shall be given to a service disabled veteran business enterprise ("SDVBE") which is certified as such SDVBE by the office of contract compliance.

(2)

The term "service-disabled veteran business enterprise" (SDVBE) means any business which is an independent and continuing operation for profit, performing a commercially useful function, and is 51 percent owned and controlled by one or more individuals who are disabled as a result of military service and who has been honorably discharged, designated as such by the United States Department of Veterans Affairs.

(3)

Whenever goods or services are procured on behalf of Fulton County by the solicitation of competitive sealed proposals, and when considering two or more proposals, at least one of which is from a certified service-disabled veteran business enterprise, in awarding the contract for goods and services under this section, the evaluation committee shall give preference points to a certified service-disabled veteran business enterprise of two percent of the total points available on the technical portion of such proposal.

(4)

Notwithstanding anything contained herein, this section shall not be construed as establishing a preference in contracting with any businesses, including SDVBEs, that are not otherwise responsive and responsible offerors as provided in this Code, the Fulton County purchasing regulations, and the request for proposals or applicable solicitation of goods and services.

(5)

Each SDVBE seeking a veterans preference under this section shall certify under oath that it is eligible to receive the veterans preference points as set forth above as part of the submission of its proposal to Fulton County and, in the event that the affidavit or other declaration under oath is determined to be false, such business shall be deemed nonresponsive and shall not be considered for award of the applicable contract.

(b)

The purchasing agent, in conjunction with the county manager, shall compile and maintain data concerning the underutilization and availability of SDVBEs in Fulton County and shall recommend to the board of commissioners such other and further amendments to this Code, policies, and procedures which may be necessary to implement the certification procedure for SDVBEs contemplated herein.

(Res. No. 13-0052, 1-23-13)

Note— Formerly Code, Pt. II, § 102-361.