§ 28-96. Definitions.

(a) In general.

In this chapter, the following terms have the meanings indicated unless the context clearly requires a different meaning.

(b) Affirmative procurement initiative.

"Affirmative procurement initiative" means a procurement tool authorized by Part IV of this chapter to be used to enhance contracting opportunities for small local business enterprise firms, including bonding and insurance waivers, bid incentives, price preferences, sheltered market, mandatory subcontracting, competitive business development demonstration projects, and SLBE evaluation preference points in the scoring of proposal evaluations.

(1) "Commercially useful function" means the performance by a business enterprise of real and distinct work for which the business enterprise has the skill, expertise, and actual responsibility to perform, manage, and supervise, as determined by an evaluation of:

(i) the amount of work subcontracted;

(ii) normal industry practices;

(iii) whether the amount the firm is to be paid under the contract is commensurate with both the work it is actually performing and the SLBE credit claimed for its performance of the work; and

(iv) other relevant factors.

(2) A firm does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of meaningful and useful SLBE participation, when in similar transactions in which SLBE firms do not participate, there is no such role performed.

(d) Emerging SLBE.

"Emerging SLBE" means a firm that meets the eligibility requirements specified in § 28-107(a) {"Certification as Emerging SLBE: Eligibility"} of this chapter.

(e) Goal-setting committee; GSC.

"Goal-setting committee" or "GSC" means a committee appointed by the Chief in accordance with this chapter to assist in the administration of the SLBE Program.

(f) Independently owned and operated.

"Independently owned and operated" means a firm:

(1) that is independent and directly owned by individuals only; and

(2) whose day-to-day management is direct and independent of the influence of any other business that cannot itself qualify under the SLBE eligibility requirements.

(g) Principal place of business.

"Principal place of business" means a location where a firm maintains a headquarters or physical office within the geographic boundaries of the City limits and through which it coordinates and obtains no less than 50% of its overall sales dollars.

(h) Professional services.

(1) "Professional services" means any non-construction, non-architectural, or non-engineering services that require highly specialized training or licensed credentials to perform, such as legal, accounting, scientific, technical, insurance, investment management, medical, or real estate services.

(2) The term "professional services" as used in this chapter is not intended to be restricted to those professional services that are exempted from formal advertising requirements pursuant to Article VI, § 11, of the City Charter or competitive bidding requirements pursuant to Article VII, § 17, of the City Charter.

(i) Services.

"Services" means non-construction, non-architectural, and non-engineering services that are not professional services and do not require any license or highly specialized training or credentials to perform.

(j) Sheltered market.

"Sheltered market" means an affirmative procurement initiative designed to set aside a City contract offering for bidding exclusively among certified SLBE firms or certified Emerging SLBE firms.

(k) Small local business enterprise; SLBE.

"Small local business enterprise" or "SLBE" means a firm that meets the eligibility requirements specified in § 28-105(a) {" Eligibility for SLBE Program: General eligibility requirements"} of this chapter.