§ 102-435. Methods for promoting nondiscrimination in purchasing and contracting.

(a)

Policy of nondiscrimination by Fulton County. It is the policy of Fulton County to promote and encourage full and open competition in Fulton County contracting and procurement.

(b)

Website. There shall be maintained a website that contractors and vendors can use to obtain information on bids or certification.

(c)

MBE/FBE (MFBE) certification. MFBEs shall be encouraged to apply for certification by the department of purchasing and contract compliance.

(d)

Purchasing administrative process. The director of the department of purchasing and contract compliance shall investigate complaints, or on its own, initiate investigations, with regard to whether the Fulton County purchasing process, or any part thereof, inhibits the ability of any business to contract with Fulton County by reason of the race, color, gender or national origin of the ownership of any such business.

(e)

MFBE directory. A single unified list of all certified Fulton County MFBE vendors and contractors shall be maintained. The list shall be coded to reflect designations relating to the type of vendor or contractor, MFBE or non-MFBE, or other relevant information as determined by the director of purchasing and contract compliance and the contract compliance administrator. The directory shall be maintained on a current basis.

(f)

Enhancement of contracting opportunities. The county manager and the director of the department of purchasing and contract compliance, and representatives from other departments involved with contracting and procurement practices shall review contracting and procurement practices such as sole source, multiyear, blanket and emergency purchases and shall also review size of contracts in order to determine whether such practices and contract size unnecessarily inhibit the ability of businesses to participate in the contracting and procurement activities of Fulton County by reason of the race, color, gender or national origin of the ownership of any such business. Where such practices and contract size are identified as inhibitive, they shall be eliminated and/or diminished where practicable.

(g)

Special publications. The director of the department of purchasing and contract compliance in conjunction with other appropriate private and government agencies, shall issue or cause to be issued one or more pamphlets, brochures or other publications designed to instruct, direct, assist and/or acquaint MFBEs with the procurement procedures of Fulton County.

(h)

Training programs. The director of the department of purchasing and contract compliance shall develop and conduct seminars and workshops on how to do business with Fulton County.

(i)

Letter of contract award. When an MFBE receives a contract with Fulton County, the director of the department of purchasing and contract compliance may, upon request, furnish a letter stating the dollar value of the contract, its duration and other information about the contract which may be used by the MFBE to establish lines of credit with lending institutions.

(j)

Prompt payment and certification. Every contract with Fulton County for performance of work or purchase of any item shall contain a provision requiring the prime contractor to certify in writing that all subcontractors and suppliers have been promptly paid for work and materials and previous progress payments received (less any retainage by the prime contractor prior to receipt of any further progress payments). In the event a contractor is unable to pay subcontractors or suppliers until it has received a progress payment from Fulton County, the prime contractor shall pay all subcontractors or suppliers funds due from said progress payments within 48 hours of receipt of payment from Fulton County. Throughout the duration of a construction project or other contract, and upon completion thereof, Fulton County may request documentation to certify payments to subcontractors or suppliers. Fulton County reserves the right to issue joint checks payable to both the contractor and the subcontractor/supplier to ensure proper payments. This provision shall in no way create any contractual relationship between the subcontractor and Fulton County or create any liability on Fulton County for a prime contractor's failure to make timely payment to a subcontractor or supplier.

(k)

Outreach program. The minority and female business enterprise program is hereby established to provide for specific aggressive outreach efforts by the department of purchasing and contract compliance to solicit and encourage MFBEs to bid on county contracts. The efforts of the department of purchasing and contract compliance in conjunction with the appropriate user departments shall include the following:

(1)

The notification of bid opportunity alerts to MFBEs of upcoming contracts by the county through utilization of the MFBE's certification listing;

(2)

Advertisement of upcoming county contracts in the appropriate media, including minority newspapers or publications; the county's website, public television, if appropriate; and other media;

(3)

Seminars to familiarize MFBEs with county procurement and bidding procedures and with upcoming business opportunities;

(4)

Establishment of a website which contractors and vendors can access information on bids or certification;

(5)

Active and sustained encouragement of MFBEs to apply for certification and to bid on county contracts.

(6)

Establishment of a website which prime contractors can identify subcontracting opportunities for Fulton County projects.

(7)

The office of contract compliance may act as a resource for technical assistance. The office may collect, organize and disseminate information regarding additional technical assistance providers other than Fulton County that are in the Atlanta market area.

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