§ 102-431. Definitions.

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

Availability means the percent of firms seeking to do business with Fulton County that are ready, willing and able to do business with Fulton County.

Bidder means any contractor, vendor or other person, partnership, corporation or other business entity that submits or desires to submit a bid to Fulton County.

Board means the board of Commissioners of Fulton County.

Certified MBE/FBE means an MBE (AABE, HBE, ABE, NABE) or FBE which meets the definitions of this section, and has been "certified" (i.e., approved) as an MBE, or FBE by the department of contract compliance.

Commercially useful function means the performance of real and actual services in the discharge of a contractual endeavor; or with respect to a contract relating to the sale of goods or other items, contractual liability for the failed delivery thereof. The business must perform some distinct element of work which the business has the skill, expertise or other necessary capabilities and/or attributes as well as the responsibility for actually performing, managing and supervising the work or manufacture and/or delivery of goods.

Compliance means the condition existing when a bidder has met the requirements of this Code section.

Contract means any binding legal obligation of Fulton County created to acquire some good and/or service from one or more bidders, which is paid or which is to be paid for, in whole or in part, with monetary appropriations of the board. In this context, the terms "contracting," "purchasing" and "procurement" are synonymous and refer to the process or processes under which Fulton County undertakes such acquisitions.

Disparity means that the availability of various businesses is greater than the utilization of any such businesses.

Disparity index means the ratio of utilization to availability (U/A) for a particular racial or gender group.

Disparity ratio means the ratio of availability to utilization (A/U) for a particular racial or gender group.

EBO plan means equal business opportunity plan which is designed to enhance the utilization of a particular racial, gender or ethnic group by a Fulton County bidder, contractor, or vendor or by Fulton County.

Female business enterprise (FBE) shall mean a business which is an independent and continuing enterprise for profit, performing a commercially useful function and is owned and controlled by one or more females, and certified as such by the department of contract compliance.

Good faith efforts means those active and aggressive measures undertaken by a bidder to acquire MFBE utilization.

Independent means that with respect to the ownership, control and activity of a MFBE, the business shall operate separate and apart from the ownership, control or undue influence of another business not owned and controlled by one or more minorities or females.

Joint venture means an association of two or more independent persons, partnerships, corporations, limited liability corporations (or any combination of them) formed, consistent with the laws of the State of Georgia, to perform one or more specific contracts limited in scope and duration; and for which purpose, the entities combined their property, capital, effort, skills, knowledge and other assets.

MFBE means, alternatively, (1) severally, a minority business enterprise or a female business enterprise, or (2) collectively, minority business enterprises and female business enterprises, depending on the context in which it is used.

Minority Business Enterprise (MBE) means a 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 minority persons, and is certified as such by the department of purchasing and contract compliance. MFBEs shall include but not be limited to the following:

(1)

African American Business Enterprise (AABE) means a business which is owned and controlled by one or more African American minority persons.

(2)

Asian American Business Enterprise (ABE) means a business which is owned and controlled by one or more Asian American minority persons.

(3)

Hispanic Business Enterprise (HBE) means a business which is owned and controlled by one or more Hispanic minority persons.

(4)

Native American Business Enterprise (NABE) means a business which is owned and controlled by one or more Native American minority persons.

Minority person means a United States citizen or permanent resident alien (as defined by the Immigration and Naturalization Service) of the United States, including but not limited to, one who is a member of any of the following groups and meeting the definition(s) for same:

(1)

African American means persons having ancestry with origins in any of the Black racial groups of Africa.

(2)

Asian American means persons having ancestry with origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.

(3)

Hispanic American means persons of Spanish or Portuguese culture and ancestry with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race.

(4)

Native American means persons having ancestry with origins in any of the original peoples of North America, including American Indians, Eskimos and Aleuts.

MSA means the Atlanta Metropolitan Statistical Area as defined by the United States Bureau.

Noncompliance means the condition existing when a bidder has failed to meet the requirements of this program.

Office of contract compliance (OCC) means the office of contract compliance within the department of purchasing and contract compliance in Fulton County.   

Owned , for purposes of determining whether a business is a minority business enterprise or female business enterprise, means that the minority or female owner(s) possess an ownership interest of at least 51 percent of the business.

Person means an individual, sole proprietorship, corporation, partnership, limited partnership, limited liability corporation, or other business association.

Promise of nondiscrimination means, collectively, one or more voluntary contractual affirmative promises and other promises of forbearance made by a bidder relating to the bidder's conduct occurring prior to submission of a bid as well as after award of a contract.

Sole source means the awarding of a contract or contracts to a single bidder without benefit of competition because the bidder is the only appropriate and/or qualified contractor or vendor available from whom the commodity, equipment, good or service can be procured.

Underutilization means that the percentage of Fulton County dollars spent with a particular racial, gender or ethnic group which is less than what would be expected for a given racial, gender or ethnic group's business availability.

Utilization means the percentage of Fulton County dollars spent with a particular racial, gender or ethnic group which is equal to or greater than what would be expected for a given racial, gender or ethnic group's business availability.

Waiver means a determination of excused nonresponsiveness or noncompliance with the requirements of this Code section, including that of nondiscrimination, such that a bidder, contractor or vendor who has failed to achieve said requirements but has otherwise satisfactorily demonstrated efforts to do so shall be deemed to be responsive and compliant and the bidder, contractor or vendor shall be excused from the applicable penalties or sanctions.

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