The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means taking specific steps to eliminate illegal discrimination and its effects and, to ensure nondiscriminatory practices in the future.
means a written results-oriented program in which a contractor sets forth the steps which it will take to implement its equal employment opportunity policy. An acceptable affirmative action compliance program must include a specific identification of problem areas, specific objectives designed to eliminate identified problem areas and specific results-oriented procedures which, if implemented in good faith, will ensure the attainment of the program's objectives.
means a written, results-oriented program in which steps are set forth which will be taken by the MOA to implement the policy of providing DBEs and WBEs an equitable opportunity to participate fully in federally assisted contracts and subcontracts to the extent that such plan is required by a federal agency. An acceptable affirmative action plan must include identification of problem areas, specific objectives designed to eliminate identified problem areas, and specific results-oriented procedures which, if implemented in good faith, will ensure the attainment of the program's objectives.
means any department or office of the municipality.
means the department director or other chief administrative officer of an agency.
means those professional services within the scope of the practice of architecture, engineering or land surveying, as defined by the law of the state.
means the dollar value, as established in section 7.20.010, of a procurement above which requires a formal competitive solicitation, including repetitive acquisitions anticipated for the same item by a single department.
means any one or combination of actions the contract compliance officer may take to examine a contractor or subcontractor's compliance with one or more requirements of Anchorage Municipal Code 7.50 or 7.60.
means the on-site field surveying, erection, rehabilitation, alteration, extension or repair including painting or redecorating buildings, highways, or other improvements to real property under contract for the municipality.
includes all types of municipal agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, professional services or construction, but does not include collective bargaining agreements, subdivision agreements, water or sewer main extension agreements or other similar agreements whereby the owner or a person acting under the direction of the owner of real property agrees to construct improvements of a public nature on property to be dedicated to the municipality. For purposes of Anchorage Municipal Code 7.60 only, this term includes leases.
means any change in the terms of a contract accomplished by agreement of the parties, including change orders.
means any party to a contract with the municipality. For purposes of Anchorage Municipal Code 7.50 and 7.60, contractor does not include intragovernmental contracts or contracts with another governmental entity.
means the power or authority to manage, direct, superintend, restrict, regulate, govern, administer or oversee, together with the actual exercise of that power or authority. For purposes of the D/WBE program, control of business operations includes having the appropriate licenses, expertise, and experience necessary to supervise and perform those operations.
means the person with the municipal Disadvantaged and Woman-owned Business Enterprise program office (D/WBE office) who is responsible for the administration of the D/WBE program or the D/WBE officer's designee. The D/WBE officer is under the direct supervision of the Manager of the Office of Federal Compliance.
applies to any "qualified individual with a disability," as that phrase is defined in the Americans with Disabilities Act of 1990.
means a small independent business concern:
Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and
Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
means treating any person, class or group of persons separately and/or differently than any other person, class or group of persons in the recruiting, hiring, promotion, termination or any other facet of employment, or in the provision of goods or services to clients, if such separate and/or different treatment is due to such person's class or group's race, color, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, marital status, or physical or mental disability.
means a system able to receive electronic submission of bid, proposal, and grant application documents and corrections to the same, record the date and time of receipt of submitted documents, secure and restrict the electronic submissions from review until appropriate under this title, and provide an accessible record that documents the solicitation.
means using an electronic bidding system approved by the purchasing officer. This system must incorporate end-to-end encryption, account control features, and the ability to audit any modifications or deletions, all in alignment with the most current recognized best practices for government cybersecurity requirements.
means the contractor will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, marital status, or physical or mental disability.
means an agency, department, office, or instrumentality of the government of the United States.
for purposes of Chapter 7.60 of the Anchorage Municipal Code, means funding to the Municipality of Anchorage in any way by any federal agency for contracts to be let by the Municipality of Anchorage through bids or proposals, when the funding federal agency for those contracts has requirements of the Municipality of Anchorage regarding minority, disadvantaged and/or woman-owned business participation on those funds.
means an expressed objective, usually a percentage of the dollar value of an award or a requirement to take affirmative action, which contractors or recipients are required to make good faith efforts to achieve; or the end results toward which good faith efforts are required to be directed.
means a financial award given to a not-for-profit organization to support a specific purpose for the benefit and welfare of the public. The furnishing by the municipality of anything of value in exchange for supplies, services, professional services or construction required to perform a function of the municipality, or for services, professional services or construction over which the municipality will exercise substantial control or oversight as to the character and quality of the services, professional services or construction is a contract and not a grant.
means a commercial enterprise undertaken by more than one business enterprise jointly, limited in its scope and duration to one project, for the purpose of each enterprise's profiting thereby.
means the mayor of Anchorage or the mayor's designee.
for purposes of Chapter 7.60 of the Anchorage Municipal Code, means possessing complete dominion, title, or proprietary right to a thing, the right to transmit it to others, and the right to its use and benefit.
means any individual, or any business or nonbusiness association recognized by law, whether or not organized for profit, or any governmental unit or entity.
means those advisory, consulting, architectural, engineering, research or developmental services which involve the exercise of discretion and independent judgment together with an advanced or specialized knowledge, expertise or training gained by formal studies or experience.
means any publicly accessible online platform or website that the municipality designates and utilizes for the publishing, posting, management, and dissemination of procurement-related information, including but not limited to solicitations, certifications, disclosures, award determinations, and other relevant purchasing documentation.
means those services of a nonprofessional nature which are described within contract specifications and which are needed or desired by the municipality.
means the general physical location of any building, highway, or other change or improvement to real property which is undergoing construction, rehabilitation, alteration, conversion, extension, demolition, or repair and any temporary location or facility at which a contractor, subcontractor, or other participating party meets a demand or performs a function relating to the contract or subcontract.
for purposes of Chapter 7.60 of the Anchorage Municipal Code, means a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto except that a small business concern shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individuals which has over the previous three fiscal years annual average gross receipts in excess of $16,015,000.00, or the figure as adjusted from time to time for inflation.
means those individuals who are citizens of the United States (or lawfully permanent residents) and who are Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, or Asian-Indian Americans and any other individuals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. The municipality makes a rebuttable presumption that individuals in the following groups are socially and economically disadvantaged. The municipality may also determine, on a case-by-case basis, that an individual who is not a member of one of the following groups is socially and economically disadvantaged.
Black Americans, which includes persons having origins in any of the Black racial groups of Africa;
Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
Native Americans, which includes persons who are American Indian, Eskimos, Aleuts, or Native Hawaiians;
Asian-Pacific Americans, which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas; and
Asian-Indian Americans, which includes persons whose origins are from India, Pakistan, and Bangladesh.
means any agreement or arrangement between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee) for the purchase, sale or use of personal property or nonpersonal services which, in whole or in part, is necessary to the performance of any one or more contracts; or under which any portion of the contractor's obligation under any one or more contracts is performed, undertaken, or assumed.
means any person holding a subcontract and any person who has held a subcontract subject to Title 7 of the Anchorage Municipal Code. The term "first-tier subcontractor" refers to a subcontractor holding a subcontract with a prime contractor.
means any tangible personal property.
means a small independent business concern:
(AO No. 79-203, 1-1-1980; AO No. 2001-146, §§ 2—19, 8-28-2001; AO No. 2017-143, § 1, 11-7-2017; AO No. 2024-36(S), § 1, 4-23-2024; AO No. 2024-110(S), § 7, 11-26-2024; AO No. 2025-37, § 2, 5-16-2025)