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<unit kind="subdivision" number="6" name="Annual County Contract Evaluations and Reports" slug="subdivision-6" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10APU_DIV7ECDE_SD6ANCOCOEVRE">
  <section number="10A-178" name="Applicability" law="code" slug="sec-10a-178" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10APU_DIV7ECDE_SD6ANCOCOEVRE_S10A-178AP">
    <level label="a">
      <text>The mandates contained in this subdivision shall apply to all County construction projects that exceed one million dollars ($1,000,000).</text>
    </level>
  </section>
  <section number="10A-179" name="Definitions" law="code" slug="sec-10a-179" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10APU_DIV7ECDE_SD6ANCOCOEVRE_S10A-179DE">
    <level label="a">
      <text>African American Business Enterprise as defined in Section 10A-101(A)(1) mean any business enterprise that is:</text>
      <level label="1">
        <text>At least fifty-one percent (51%) owned by one or more African Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more African Americans;</text>
      </level>
      <level label="2">
        <text>Whose general management and daily business affairs and essential productive operations are controlled by one or more African Americans; and</text>
      </level>
      <level label="3">
        <text>Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.</text>
      </level>
    </level>
    <level label="b">
      <text>Asian-Pacific American Enterprise as defined in Section 10A-101(A)(1.2) shall mean any business enterprise that is:</text>
      <level label="1">
        <text>At least fifty-one percent (51%) owned by one or more Asian-Pacific Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Asian-Pacific Americans;</text>
      </level>
      <level label="2">
        <text>Whose general management and daily business affairs and essential productive operations are controlled by one or more Asian-Pacific Americans or Subcontinent Asian Americans; and</text>
      </level>
      <level label="3">
        <text>Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.</text>
      </level>
    </level>
    <level label="c">
      <text>Code shall mean the Prince George's County Code.</text>
    </level>
    <level label="d">
      <text>Contractor shall mean any person, firm, corporation, partnership, association, limited liability company, or any combination thereof, who enters into a contract with the County, and which contract is executed by an individual that is authorized to bind the County.</text>
    </level>
    <level label="e">
      <text>County Based as defined in Section 10-308(3) means a business whose principal place of operation, as determined by the Office of Procurement, is in Prince George's County, Maryland.</text>
    </level>
    <level label="f">
      <text>Latino Business Enterprise as defined in Section 10A-101(A)(23.2) shall mean any business enterprise that is:</text>
      <level label="1">
        <text>At least fifty-one percent (51%) owned by one or more Hispanic Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Hispanic Americans;</text>
      </level>
      <level label="2">
        <text>Whose general management and daily business affairs and essential productive operations are controlled by one or more Hispanic Americans; and</text>
      </level>
      <level label="3">
        <text>Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.</text>
      </level>
    </level>
    <level label="g">
      <text>Local Worker shall mean an employee of a Contractor or Subcontractor that resides within the County.</text>
    </level>
    <level label="h">
      <text>Locally-owned and Operated Business as defined in Section 10A-101(A)(24.1) shall mean any County-based business:</text>
      <level label="1">
        <text>Which is at least fifty-one percent (51%) owned by one or more County residents, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more County residents;</text>
      </level>
      <level label="2">
        <text>Whose general management and daily business affairs and essential productive operations are controlled by one or more County residents; and</text>
      </level>
      <level label="3">
        <text>Which has been certified by the Supplier Development and Diversity Division as a County-based business, County-based small business, and/or County-based minority business enterprise pursuant to Division 7 of this Subtitle.</text>
      </level>
    </level>
    <level label="i">
      <text>Minority Business Enterprise as defined in Section 10A-101(A)(26) shall mean any business enterprise:</text>
      <level label="1">
        <text>Which is at least fifty-one percent (51%) owned by one or more minority individuals, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more minority individuals;</text>
      </level>
      <level label="2">
        <text>Whose general management and daily business affairs and essential productive operations are controlled by one or more minority individuals; and</text>
      </level>
      <level label="3">
        <text>Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.</text>
      </level>
    </level>
    <level label="j">
      <text>Minority Individuals as defined in Section 10A-101(A)(27) shall mean those who have been subjected to prejudice or cultural bias because of their identity as a member of a group in terms of race, color, ethnic origin, or gender, without regard to their individual capabilities. Minority individuals are limited to members of the following groups:</text>
      <level label="1">
        <text>African Americans (Black Americans), which includes persons having origins in any of the Black racial groups of Africa;</text>
      </level>
      <level label="2">
        <text>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 U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong;</text>
      </level>
      <level label="3">
        <text>Female, regardless of race, ethnicity or origin;</text>
      </level>
      <level label="4">
        <text>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;</text>
      </level>
      <level label="5">
        <text>Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians;</text>
      </level>
      <level label="6">
        <text>Subcontinent Asian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; and</text>
      </level>
      <level label="7">
        <text>Veterans and Service-Disabled Veterans.</text>
      </level>
    </level>
    <level label="k">
      <text>Native American Business Enterprise as defined in Section 10A-101(A)(27.1) shall mean any business enterprise that is:</text>
      <level label="1">
        <text>At least fifty-one percent (51%) owned by one or more Native Americans, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Native Americans;</text>
      </level>
      <level label="2">
        <text>Whose general management and daily business affairs and essential productive operations are controlled by one or more Native Americans; and</text>
      </level>
      <level label="3">
        <text>Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.</text>
      </level>
    </level>
    <level label="l">
      <text>Subcontractor shall mean any person, firm, corporation, partnership, association, limited liability company, or any combination thereof who enters into a contract with a Contractor to assist the Contractor in the performance of a contract with the County. The term subcontractor does not include vendors or suppliers to the Contractor.</text>
    </level>
    <level label="m">
      <text>Veteran Business Enterprise as defined in Section 10A-101(A)(45) shall mean any business enterprise that is:</text>
      <level label="1">
        <text>Which is at least fifty-one percent (51%) owned by one or more Americans who are Veterans and/or service-disabled Veterans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Veterans and/or service-disabled Veterans;</text>
      </level>
      <level label="2">
        <text>Whose general management and daily business affairs and essential productive operations are controlled by one or more Veterans and/or service-disabled Veterans; and</text>
      </level>
      <level label="3">
        <text>Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.</text>
      </level>
    </level>
    <level label="n">
      <text>Women's Business Enterprise as defined in Section 10A-101(A)(46) shall mean any business enterprise that is:</text>
      <level label="1">
        <text>Which is at least fifty-one percent (51%) owned by one or more Female Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Female Americans;</text>
      </level>
      <level label="2">
        <text>Whose general management and daily business affairs and essential productive operations are controlled by one or more Female Americans; and</text>
      </level>
      <level label="3">
        <text>Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.</text>
      </level>
    </level>
  </section>
  <section number="10A-180" name="Evaluation of County Construction Contractors" law="code" slug="sec-10a-180" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10APU_DIV7ECDE_SD6ANCOCOEVRE_S10A-180EVCOCOCO">
    <level label="a">
      <text>The Purchasing Agent shall prepare and transmit a written report that shall include the metrics required in this section to the County Council and the County Executive annually by July 1.</text>
    </level>
    <level label="b">
      <text>The Purchasing Agent shall collect and maintain the metrics on Contractors and Subcontractors that are awarded construction contracts with the County.</text>
    </level>
    <level label="c">
      <text>The metrics shall include:</text>
      <level label="1">
        <text>The number of Local Workers employed on the project.</text>
      </level>
      <level label="2">
        <text>The amount of hours worked by the Local Workers on the project.</text>
      </level>
      <level label="3">
        <text>The percentage of the overall project work hours worked by Local Workers on the project.</text>
      </level>
      <level label="4">
        <text>The wages paid to the Contractor's employees, benefits provided to employees, and any other fringe benefits provided by the Contractor to its employees.</text>
      </level>
      <level label="5">
        <text>The wages paid to the subcontractor's employees, benefits provided to employees, and any other fringe benefits provided by the Contractor to its employees.</text>
      </level>
      <level label="6">
        <text>The total number of County-based Minority Business Enterprises utilized on the contract, the total amount paid to the County-based Minority Business Enterprise, the percentage of the overall contract value paid to the County-based Minority Business Enterprise that shall also be subcategorized by the number, the amount paid, and the percentage of the overall contract spent on (i) African American Business Enterprises, (ii) Asian-American and Pacific Islander Business Enterprises, (iii) Latino Business Enterprises, (iv) Native American Business Enterprises, (v) Veteran Business Enterprises, and (vi) Women's Business Enterprises.</text>
      </level>
      <level label="7">
        <text>The Agency contracting with the Contractor or Subcontractor.</text>
      </level>
      <level label="8">
        <text>The performance of the Contractor or Subcontractor to include:</text>
        <level label="A">
          <text>The Quality of work,</text>
        </level>
        <level label="B">
          <text>The timeliness of completion of the project,</text>
        </level>
        <level label="C">
          <text>The compliance with the budget; and</text>
        </level>
        <level label="D">
          <text>The regulatory compliance.</text>
        </level>
      </level>
      <level label="9">
        <text>Whether the contract is a new or initial award, existing, renewal, or an extension for that fiscal year.</text>
      </level>
      <level label="10">
        <text>Whether the contract was awarded by:</text>
        <level label="A">
          <text>Competitive sealed bidding pursuant to Section 10A-112,</text>
        </level>
        <level label="B">
          <text>Competitive sealed proposal pursuant to Section 10A-113, or</text>
        </level>
        <level label="C">
          <text>Through contract negotiation or sole source contract pursuant to Section 10A-114 specifying the reasons for not competitively bidding the procurement.</text>
        </level>
      </level>
      <level label="11">
        <text>Whether a First Source and Local Hiring Agreement was a condition to contracting with the County.</text>
      </level>
      <level label="12">
        <text>Whether the Contractor or Subcontractor has complied with or is in compliance with the reporting requirement(s) of any subtitle, division, or subdivision of the Code.</text>
      </level>
      <level label="13">
        <text>Whether any waiver(s) authorized by the Code were granted to the Contractor or Subcontractor, the date of issuance of such waiver(s), any alternative minimum percentages that were applied to the contract due to any such waiver(s), and a description of the nature and justification for any such waiver(s).</text>
      </level>
      <level label="14">
        <text>Whether any penalties or other compliance actions brought against the Contractor or Subcontractor to enforce the requirements of this Division and, if so, a description of those actions.</text>
      </level>
      <level label="15">
        <text>Whether the contract awarded, renewed, or extended is in full compliance with this Division.</text>
      </level>
    </level>
  </section>
</unit>
