9000 - Facilities

9125 Participation By Minority Businesses

The board affirms the State’s commitment to encouraging the participation of minority businesses in the school system's construction contracts. For purposes of this policy, “minority business” is defined in accordance with G.S. 143-128.2(g).

A. GOALS

After notice and public hearing, the board has a verifiable percentage goal of 10 percent participation by minority businesses in the total value of work for each building project costing $300,000 or more. The board also has a verifiable goal of 10 percent participation by minority businesses in the total value of work for each building project which cost $100,000 or more and for which the board has received state appropriations or grants. For all other projects in which the costs are at least $30,000 but less than $300,000, the board will solicit participation by minority businesses and maintain a record of contractors solicited and efforts to recruit minority participation. The board will comply with any reporting and documentation requirements of the Department of Administration.

B. SCHOOL SYSTEM GOOD FAITH EFFORTS

The board has adopted the following guidelines to ensure that the school system will make good faith efforts to reach diverse contractors and to encourage participation in the school system’s construction contracts by such contractors. The superintendent shall:

1. make information about the school system’s formal and informal bidding process readily available;

2. develop and implement a minority business participation outreach plan to identify minority businesses that can perform building projects and to implement outreach efforts to encourage minority business participation in such projects;

3. advertise for bids in media that reaches minority businesses and provide notice to minority businesses as provided in G.S. 143-128.2;

4. ensure that everyone who requests it has access to building documents needed for making bids on projects;

5. encourage businesses experiencing difficulty in meeting the bonding, licensing and bid deposits required by state law in larger construction projects to utilize resources and assistance offered by local, state and federal agencies, and;

6. encourage contractors to attend the scheduled pre-bid conference.

C. GOOD FAITH EFFORTS REQUIRED BY CONTRACTORS

In accordance with G.S. 143-128.2, bidders on major school construction and renovation projects shall make a good faith effort regarding the use of minority businesses and shall provide the board with any required information.

The failure to make a good faith effort to meet the board’s goal may result in the bid being considered non-responsive and being rejected.

D. NONDISCRIMINATION

The board will award public building contracts without regard to race, religion, color, creed, national origin, sex, age or handicapping condition. Nothing in this policy should be construed to require the board or contractors to award contracts or subcontracts to or to make purchases of materials or equipment from minority business contractors or minority business subcontractors who do not submit the lowest responsible, responsive bid or bids.

The superintendent shall establish administrative procedures to implement this policy.

Legal References:
City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989); G.S. 143-128, -128.2, -128.3, -131
Cross References:
Adopted:
Monday, 12 December 2011
Last Updated: