The following words and terms, when used in this chapter, unless
the context clearly indicates otherwise, or specifically redefined
for purposes of a section or subsection, shall have these meanings:
BIDDER/PROPOSER
Any individual, partnership, joint venture, corporation or
firm submitting a bid or proposal for a contract with the County.
BUSINESS, BUSINESS CONCERN or BUSINESS ENTERPRISE
A small business concern organized for profit with a place
of business located in the United States, and which operates primarily
within the United States or which makes a significant contribution
to the United States economy through payment of taxes or use of American
products, materials, or labor.
CFR
The Code of Federal Regulations.
COMPLIANCE
The condition existing when a contractor or subcontractor
has correctly implemented the requirements of the program as set forth
in this chapter.
CONTRACT
A mutually binding agreement, or any modification thereof,
under which a bidder/proposer agrees, as a contractor, to furnish
or provide work, goods or services to the County.
CONTRACTOR
A bidder/proposer who has entered into a contract to provide
work, goods or services to the County.
DEPARTMENT
The County's Department of M/W/DBE Programs.
DIRECTOR
The person appointed by the County Manager in consultation
with the Chief Executive to supervise the operations of the Department.
DISADVANTAGED BUSINESS ENTERPRISE (or DBE)
A small business concern which is both owned and controlled
by a socially or economically disadvantaged person. This means that
the socially or economically disadvantaged person or persons must
own 51% of the business and must control the management and daily
operations of the business.
GOOD-FAITH EFFORT
Efforts to achieve an MBE, WBE or DBE goal or other requirement
of this chapter which, by their scope, intensity, and appropriateness
to the objective, can reasonably be expected to fulfill a requirement
or the requirements of the program.
JOINT VENTURE
An association of an MBE, WBE or DBE firm and one or more
other firms to carry out a single, for-profit business enterprise,
for which the parties combine their property, capital, efforts, skills
and knowledge, and in which the MBE, WBE or DBE is responsible for
a distinct, clearly defined portion of the work of the contract and
whose share in the capital contribution, control, management, risks,
and profits of the joint venture are commensurate with its ownership
interest.
LEASE
A mutually binding agreement, or any modification thereof,
under which a bidder/proposer agrees, as a lessee, to rent space at
a County-owned building or recreational facility from the County for
the purpose of providing goods or services to the individuals working
or using the County-owned building or recreational facility.
LESSEE
A person or business who rents space at a County-owned building
or recreational facility from the County for the purpose of providing
goods or services to the individuals working or using the County-owned
building or recreational facility.
M/W/DBE
Minority, Women and Disadvantaged Business Enterprise.
M/W/DBE ADVISORY COMMITTEE
The committee established by the Chief Executive and County Council performing the duties and functions described in §
435-4 of this chapter.
MANUFACTURER
A supplier which produces goods from raw materials or substantially
alters them before resale. The gross proceeds from a sale by an M/W/DBE
manufacturer may be credited toward the percentage for minority business
utilization.
MINORITY
A person who is a citizen or lawful permanent resident of
the United States who is rebuttably presumed to be disadvantaged:
(1)
Because that person is a member of the groups listed below;
or
(2)
Because that person holds him or herself out to be a member
of a group listed below; or
(3)
Because that person is currently identified by others as a member
of a group listed below:
(a)
"Black Americans," which includes persons having origins in
any of the Black racial groups of Africa; or
(b)
"Hispanic Americans," which includes persons of Mexican, Puerto
Rican, Cuban, Dominican, Central or South American, or other Spanish
or Portuguese culture or origin, regardless of race; or
(c)
"Native Americans," which includes persons who are American
Indians, Eskimos, Aleuts, or Native Hawaiians; or
(d)
"Asian-Pacific Americans," which includes persons whose origins
are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos,
Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines,
Brunei, Samoa, Guam, the United States Trust Territories of the Pacific
Islands (Republic of Palau), the Commonwealth of the Northern Marianas
Islands, Macao, Fiji, Tonga, Kiribati, Juvalu, Nauru, Federated States
of Micronesia, or Hong Kong; or
(e)
"Subcontinent Asian Americans," which includes persons whose
origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives
Islands, Nepal or Sri Lanka; or
(f)
Any additional groups whose members are designated as a minority
by the SBA at such time as the SBA designation becomes effective.
MINORITY BUSINESS ENTERPRISE (or MBE)
A small business concern which is both owned and controlled
by a minority. This means that the minority or minorities must own
51% of the business and control the management and daily operations
of the business.
MINORITY/WOMEN/DISADVANTAGED BUSINESS ENTERPRISE DIRECTORY
The list of the M/W/DBEs found on the Pennsylvania Unified
Certification Program (PA UCP) website. Such M/W/DBEs have been certified
as having met the eligibility requirements as outlined in the Federal
Department of Transportation regulations found in Title 49 of the
CFR Parts 23 and 26, respectively.
NONCOMPLIANCE
The condition existing when a contractor or a subcontractor
has not correctly implemented the requirements of the program as set
forth in this chapter.
PA UCP APPEALS COMMITTEE
A nine-member committee composed of participants in the PA
UCP which entertains appeals concerning:
(1)
The Department's denial of certification of a person, business,
business concern or business enterprise as an MBE, WBE and DBE under
the program; or
(2)
The Department's removal of the certification of a person,
business, business concern or business enterprise as an MBE, WBE and
DBE under the program.
PRIME CONTRACTOR
A bidder/proposer who has entered into a contract to provide
work, goods or services to the County under which it is contemplated
that that bidder/proposer will enter into an agreement or agreements
with one or more subcontractors to furnish or provide a defined piece
of work and/or delivery of specified goods or services making up the
total work, goods or services to be furnished or provided to the County
under the contract.
PROGRAM
The Minority, Women and Disadvantaged Business Enterprise
requirements established by this chapter and administered by the County
through the Department and by other County departments.
PROJECT
The work to be performed or the goods or services to be provided
under a particular contract.
SOCIALLY AND ECONOMICALLY DISADVANTAGED
The determination made by the County, through the Department,
on a case-by-case basis that:
(1)
A person has been subjected to racial or ethnic prejudice or
cultural bias within American society due to the person's identification
with or as a member of a particular group or for other reasons and
causes not common to individuals who are not socially disadvantaged
made without regard to a person's individual qualities or character;
or
(2)
A person whose ability to compete in the free enterprise system
has been impaired due to diminished capital and credit opportunities
as compared to others in the same or similar line of business who
are not socially or economically disadvantaged.
SUBCONTRACTOR
A person, partnership, joint venture, corporation or firm
approved by the County with whom a contractor, acting as a prime contractor,
enters into an agreement to furnish or provide a defined piece of
work and/or delivery of specified goods or services that are part
of the total goods, services or work that the prime contractor is
obligated to furnish or provide to the County.
SUPPLIER
A business enterprise which owns and provides the goods or
materials which it sells.
WOMAN (or WOMEN)
A person(s) of the female gender regardless of race or ethnicity.
WOMEN BUSINESS ENTERPRISE (or WBE)
A small business concern which is both owned and controlled
by a woman or women. This means that the woman or women must own 51%
of the business and must control the management and daily operations
of the business.