(a) “Affirmative procurement initiatives (APIs)” means waivers, bid incentives, price preferences, optimization of diverse business development program, subcontracting, small contract rotation program, mentor-protege program, and SLBE preference points and price in the proposal evaluations, expanded unbundling of contracts, bonding and insurance requirements, and expedited payments for subcontractors.

(b) “Architectural and engineering (A&E)” means professional services of an architectural or engineering nature; or required to be performed or approved by a person licensed, registered, or certified to provide such services; or related to research, planning, development, design, construction, alteration, or repair of real property; or incidental services, which such individuals perform, including studies, investigations, surveying, mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services. Systems engineering related to WSSC information technology is included in professional services.

(c) “Award” means the final selection of a bidder, respondent or offeror for a specified prime contract or subcontract dollar amount. Contract awards are made by the Commission to prime contractors or vendors and by prime contractors or vendors to subcontractors or sub-vendors, usually pursuant to an open invitation for bid (IFB) or request for proposal (RFP) or qualification process. (Contract awards are to be distinguished from contract payments in that they only reflect the anticipated dollar amounts instead of actual dollar amounts that are paid to a bidder, or offeror under an awarded contract.)

(d) “Bidder” means a firm submitting a price or proposal in response to an invitation for bid (IFB). Also used interchangeably with “respondent” or “offeror.”

(e) Commercially Useful Function. A business enterprise or firm performs a commercially useful function when, based on all relevant facts and circumstances, it is responsible for the execution of the work of the contract by actually performing, managing and supervising the work involved. Thus, the enterprise or firm must be responsible with respect to the material and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable) and paying for the material itself. A SLBE 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 SLBE participation. In determining whether a SLBE is such an extra participant, the SLMBE Office will examine similar transactions, particularly those in which SLBEs do not participate.

(f) “Construction” means the process of building, altering, repairing, improving, or demolishing any public facility, including any public structure, public building, pipelines, plants, infrastructure, or other public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of any existing public facility, including structures, buildings, plants, pipelines, infrastructure, or real property. Construction materials and supplies may be part of a construction purchase if procured by the contractor. If construction materials and supplies are purchased directly by WSSC, they are classified as goods purchases.

(g) “Contracting area(s)” means WSSC’s four broad contracting areas of architectural and engineering, construction, goods and services and professional services. Also referred to as “industry categories.”

(h) Goal. As used in this chapter, a “goal” is either an annual aspirational objective or a contract-by-contract specific subcontracting goal. Annual aspirational objectives are inapplicable to individual contracts, but are intended to serve as a benchmark against which to measure the overall effectiveness of the SLBE program in increasing participation of ready, willing and able SLBEs in WSSC contracting opportunities. May also be referred to as a “requirement.”

(i) Good Faith Efforts. As used in this chapter, “good faith efforts” shall mean the actions taken by a bidder, respondent or prime contractor as established by reliable documentation of the bidder’s intent to comply with the SLBE program goals and procedures and is more than due diligence, including but not limited to the requirements described in WSSC 6.35.260.

(j) “Good Faith Efforts Guide” means a document used during the solicitation process that describes in detail the enumerated good faith efforts criteria that prime contractors must employ pre- and post-award to maximize the participation/utilization of certified MBEs or WSSC-approved SLBEs. It details the process by which a prime contractor may request full and partial waiver of WSSC’s subcontracting requirements for MBEs or WSSC-approved SLBEs.

(k) “Goods” means all supplies, equipment, materials, and all tangible personal property, excluding real property.

(l) Goods and Services. The term “goods” means, without limitation, physical items such as treatment plant parts and supplies, water meters, fire hydrants, valves, office supplies and equipment, vehicles and other materials. The term “services” means, without limitation, business, cleaning and restoration, communication and waste management services.

(m) “Graduation” means a SLBE firm permanently graduates from WSSC’s SLBE program when it meets the criteria for graduation set forth in WSSC 6.35.200.

(n) Independently Owned and Operated. Ownership of a SLBE firm must be direct, independent, and by individuals only. Business firms that are owned by other businesses or by the principals or owners of other businesses that cannot themselves qualify under the SLBE eligibility requirements shall not be eligible to participate in the SLBE program.

(o) “Industry categories” means procurement groupings for WSSC inclusive of architectural and engineering, construction, professional services and goods and services (i.e., manufacturing, wholesale and retail distribution of commodities and nonprofessional services). Industry categories are also referred to as “contracting areas.”

(p) “Invitation for bids (IFB)” means a method of soliciting sealed bids which are awarded to the lowest, responsible and responsive bidder(s), are generally opened publicly at a fixed date and time and are read out loud in the presence of one or more witnesses.

(q) “Joint venture” means an association of two or more persons or businesses carrying out a single business enterprise for which purpose they combine their capital, efforts, skills, knowledge or property. Joint ventures must be established by written agreement and, prior to submission of a bid, validated by the SLMBE Office.

(r) “Local business enterprise (LBE)” means a firm having a principal place of business or a significant employment presence in Prince George’s County or Montgomery County, Maryland. This definition is subsumed within the definition of “small local business enterprise.”

(s) “Minority business enterprise (MBE)” means any legal entity, except a joint venture, that is organized to engage in commercial transactions, which is certified as being at least 51 percent owned, managed and controlled by one or more socially and economically disadvantaged minority or woman individuals as defined in the State Finance and Procurement Article, § 14-301, Annotated Code of Maryland, and that is ready, willing and able to sell goods or services that are purchased by WSSC. Unless otherwise stated, the term “MBE” as used in this chapter is inclusive of women-owned business enterprises (WBEs) and disadvantaged business enterprises (DBEs) that are certified in accordance with state law and regulations.

(t) “Non-M/WBE firms” means a firm that is not a certified minority/woman-owned firm in WSSC’s SLBE or MBE program.

(u) “North American Industry Classification System (NAICS)” means the six-digit code standard used by federal statistical agencies in classifying business establishments by the type of goods or services a firm provides.

(v) “Notice to proceed (NTP)” means a communication from WSSC to a contractor stating the date that the contractor can begin work, subject to the contract conditions.

(w) “Office of Supplier Diversity and Inclusion Director (OSDI Director)” means the WSSC personnel who is responsible for the management of the OSDI, and ultimately responsible for oversight, tracking, monitoring, administration, and implementation of the MBE and SLBE programs, including but not limited to this chapter (formerly the Small, Local and Minority Business Enterprise (SLMBE) Director).

(x) “Office of Supplier Diversity and Inclusion (OSDI)” means the office within the Commission that is primarily responsible for implementing and administering the MBE and SLBE programs (formerly the Small, Local and Minority Business Enterprise (SLMBE) Office).

(y) “Optimization of diverse business development program (ODBDP)” means an affirmative procurement initiative designed to identify a portion of WSSC procurements and contracts for bidding exclusively by WSSC-approved SLBEs to facilitate their competitive development (formerly “sheltered market program”).

(z) “Points” means the quantitative assignment of value for specific evaluation criteria in the contractor selection process pursuant to a request for proposal, request for qualification or multi-step invitation for bid selection method.

(aa) “Prime contractor” means the vendor or contractor to whom a purchase order or contract is issued by WSSC for purposes of providing goods or services for WSSC.

(bb) “Principal place of business” means a location wherein a firm maintains a physical office in Prince George’s County or Montgomery County, Maryland.

(cc) “Professional services” means services provided by skilled professionals other than architectural and engineering. Such services include without limitation: IT consulting, management consulting, legal and accounting.

(dd) Race- and Gender-Neutral Remedy. Efforts to open procurement opportunities in general, or specifically to small or newly formed firms, are collectively described as “race- and gender-neutral” programs. Neutral programs also include bonding assistance and small business lending programs.

(ee) “Request for proposal (RFP)” means all documents utilized by WSSC for soliciting proposals. This competitive selection method is used for procurements where the Commission has determined that price should not be the sole determinant when procuring specified types of supplies, services or construction. Proposals submitted in response to a RFP are analyzed and ranked based on evaluation factors and their corresponding relative weights, as stated in the RFP. For architectural and engineering (A&E) contracts (and some professional services contracts), WSSC may use a process that begins with publication of an announcement indicating the Commission’s intention to retain an A&E consultant and requesting interested firms to submit a statement of their qualifications for the proposed project. (This announcement is hereinafter referred to as “request for qualifications.”)

(ff) “Requirement” means a minimum subcontracting percentage for SLBE participation may be established on a contract-by-contract basis by the SLMBE Director or designee.

(gg) “Responsible” means a firm is capable in all respects to fully perform the contract requirements and has the integrity and reliability which will assure good faith performance.

(hh) “Responsive” means a firm’s bid or proposal conforms in all material respects to the invitation for bid (IFB) or request for proposal (RFP) and shall include compliance with the SLBE program requirements.

(ii) “Service disabled veteran small local business enterprise (SDV-SLBE)” means a firm that is certified as service disabled veteran-owned and approved to participate in WSSC’s SLBE program as defined here within. Firm must meet the approval criteria of SLBE firms.

(jj) “Services” means the furnishing of labor, time, or effort not involving the delivery of a tangible material product other than reports which are merely incidental to the required performance. This term excludes employment agreements and collective bargaining agreements, but includes without limitation consulting, personal, professional, technical, and advisory services.

(kk) Significant Employee Presence. A firm has a significant employee presence when no less than 25 percent of a firm’s total number of employees are domiciled in either Prince George’s County or Montgomery County, Maryland.

(ll) SLBE/MBE Subcontracting and Supplier Certification (SLBE/MBE Subcontracting Plan). The subcontracting plan identifies how the prime contractor intends to comply with the SLBE subcontracting participation requirements of the contract. This subcontracting plan is signed by both the prime and subcontractor and is notarized.

(mm) Small Business Enterprise (SBE). For the purpose of this chapter, a small business enterprise (SBE) is a small business qualifying under COMAR 21.11.01.04 or any successor regulation adopted pursuant to the State Finance and Procurement Article, § 14-203, Annotated Code of Maryland, or any successor provision thereto.

(nn) “Small, Local and Minority Business Enterprise Office Director (SLMBE Director)” means the WSSC employee that is responsible for the management of the SLMBE Office, and ultimately responsible for oversight, tracking, monitoring, administration and implementation of the SLBE and MBE programs, including but not limited to this chapter.

(oo) “Small, Local and Minority Business Enterprise Office (SLMBE Office)” means the office within the Commission that is primarily responsible for implementing and administering the SLBE and MBE programs.

(pp) Small Local Business Enterprise Directory. A listing of small local businesses that have been approved for participation in the SLBE program may be obtained, in part, by utilizing WSSC’s Supplier Portal System or any successor Web-Based Compliance System thereto, or a full SLBE Directory obtained from the SLMBE Office.

(qq) Small Local Business Enterprise Program Application. This form shall be completed by SLBEs when applying for approval or seeking renewal of their SLBE status for participation in WSSC’s SLBE program. This application shall be completed every two years by SLBEs 60 days prior to their status expiration date.

(rr) “Small local business enterprise (SLBE)” means a firm that is approved by the SLMBE Office based on the eligibility requirement as set forth in WSSC 6.35.040, a SLBE prior to submission of a bid or proposal or inclusion in a subcontract plan. Includes a MBE or WBE if the MBE or WBE meets the requirements of a SLBE.

(ss) “Small local business enterprise status expiration” occurs when a SLBE firm fails to obtain timely renewal, extension or reinstatement of its SLBE status from the Commission. A WSSC-approved SLBE firm’s failure to remain eligible and apply for its SLBE status upon receipt of written notice from the SLMBE Office will result in the bidder’s or prime’s profile being changed to ineligible status. Such firm will not be eligible to participate in the SLBE program.

(tt) “Standard procedure” refers to the standard procedure codified in this chapter (or any successor SP, except where another WSSC standard procedure is expressly indicated). The terms “policy,” “SLBE policy,” “SLBE program” and “program” are used synonymously with “SP” herein.

(uu) “Subcontractor” means any vendor or contractor that is directly providing goods or services to a prime contractor in furtherance of the prime contractor’s performance under a contract or purchase order with WSSC.

(vv) “Termination” means permanent revocation of SLMBE eligibility as defined in this SP in WSSC 6.35.210.

(ww) “Waiver” means an exclusion from the provisions of the MBE or SLBE program requirements granted by the Commission.

(xx) Women-Owned Business Enterprise (WBE). As used in this chapter, “WBE” means any legal entity, except a joint venture, that is organized to engage in commercial transactions and that is certified as being at least 51 percent owned, managed and controlled by a female.

(yy) “WSSC” or the “Commission” means the Washington Suburban Sanitary Commission.

(zz) WSSC Relevant Market Area. Defined in the 2015 disparity study, the relevant market area includes those cities and counties in the Washington-Arlington-Alexandria, DC-VA-MD-WV metropolitan statistical area (MSA) plus Anne Arundel County, MD, Baltimore County, MD, Carroll County, MD, city of Baltimore, MD, and Howard County, MD.

(aaa) “WSSC Supplier Portal System” (supplanted the Centralized Bidder Registration System (CBR) on November 9, 2015) means mandatory automated Web-Based Compliance System wherein the Commission requires all prospective bidders, contractors, vendors and subcontractors that are ready, willing and able to sell goods or services to the Commission to register online in accordance with WSSC Chapter 6.05.

(bbb) “WSSC’s Web-Based Compliance System” means a web-based software application used by WSSC to track and monitor subcontractor availability and utilization (i.e., “Spend” or “Payments”) on WSSC-funded contracts. This system is used to report and monitor prime contractors’ compliance with WSSC’s MBE or SLBE subcontracting requirements. (Amended during 2019 codification; REG-PROC-SD-2017-005 § III)