19A NCAC 02D .1108      GOALS

(a)  The Department shall perform an analysis to determine the availability of eligibility, of Disadvantaged Business Enterprise, Minority-owned Business Enterprise, and Women-owned Business Enterprise firms relative to all businesses available to participate in Department projects in accordance with 49 C.F.R. Part 26. Goals for Disadvantaged Business Enterprise, Minority-owned Business Enterprise, and Women-owned Business Enterprise firms shall be established in accordance with 49 C.F.R. 26.41 through 26.55, and G.S. 136-28.4(b1). The goal or goals shall be prescribed in the project proposal as a percent of the bidder's construction bid price.

(b)  A contractor shall ensure that eligible firms participate in at least the percentage of the contract as required by the project proposal. For purposes of these Rules, "a contractor" is any party who participate in a State funded or US Department of Transportation-assisted highway, transit, or airport project through a contract or subcontract at any tier.

History Note:        Authority G.S. 136-28.4; 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008;

Readopted Eff. April 1, 2019.