This Rule applies to all contractors utilizing single-prime bidding, separate-prime bidding, construction manager at risk and alternative contracting methods. These requirements apply to all contractors performing as contractors and first-tier subcontractors under construction manager at risk on state projects. The contractors shall:

(1)           Attend the scheduled prebid conference.

(2)           Identify or determine those work areas of a subcontract where minority businesses may have an interest in performing subcontract work.

(3)           At least 10 business days prior to the scheduled day of bid opening, notify minority businesses of potential subcontracting opportunities listed in the proposal. The notification shall include:

(a)           A description of the work for which the bid is being solicited.

(b)           The date, time and location where bids are to be submitted.

(c)           The name of the individual within the company who shall be available to answer questions about the project.

(d)           Where bid documents may be reviewed.

(e)           Any special requirements that may exist, such as insurance, licenses, bonds and financial arrangements.

If there are more than three minority businesses within a 75 mile radius of the project who offer similar contracting or subcontracting services in the specific trade, the contractor(s) shall notify no less than three minority businesses within a 75 mile radius of the project.

(4)           During the bidding process, comply with the contractor(s) requirements listed in the owner's minority business participation outreach plan.

(5)           Identify on the bid, the minority businesses that will be utilized on the project with the corresponding total dollar value of the bid and an affidavit listing good faith efforts as required by G.S. 143-128.2(c) and G.S. 143-128.2(f).

(6)           Forward documentation showing evidence of implementation of Prime Contractor, Construction Manager-at-Risk and First-Tier Subcontractor requirements to the State Construction Office and HUB Office upon request.

(7)           Upon being named the apparent low bidder, the Bidder shall provide one of the following to the Public Owner:

(a)           an affidavit that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the applicable goal; or

(b)           if the percentage is not equal to the applicable goal, then an affidavit of all good faith efforts taken to meet the goal.

Failure to comply with the requirements of this Item shall be grounds for rejection of the bid and award to the next lowest responsible responsive bidder.

(8)           During the construction of a project, at any time, if it becomes necessary to replace a minority business subcontractor, immediately advise the owner in writing of the circumstances involved. Additionally, on State Construction Projects, notify the State Construction Office, and the Director of the HUB Office in writing, of the circumstances involved. The prime contractor shall make good faith efforts to replace a minority business subcontractor with another minority business subcontractor.

(9)           If during the construction of a project additional subcontracting opportunities become available, make good faith efforts to solicit bids from minority businesses.


History Note:        Authority G.S. 143-128.3(e); 143-128.2(c);

Eff. February 1, 2006;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.