In accordance with G.S.
143-128.2 (effective January 1, 2002) this Outreach Plan establishes goals
for minority business participation in single-prime bidding,
separate-prime bidding, dual bidding, Construction Manager-at-Risk, and
alternative contracting methods on Randolph County building construction
projects in the amount of $300,000 or more (or if using state funds,
$100,000 or more). The Outreach Plan shall also be applicable to the
selection process of architectural, engineering, surveying, and
Construction Manager-at-Risk services.
Randolph County’s current goal for minority business
participation for public building construction is ten percent (10%). The
overall goal will be reviewed annually or as soon as relevant data is
The intent of this Outreach Plan is that Randolph
County, as awarding authority for construction projects, and the
contractors and subcontractors performing the construction contracts
awarded, shall cooperate and in good faith do all things, legal, proper
and reasonable to achieve the established goal of ten percent (10%) for
participation by minority businesses in each construction project as
mandated by GS 143-128.2. Nothing in this Outreach Plan shall be
construed to require contractors or awarding authorities 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 responsive responsible bid or
A copy of this Outreach Plan will be issued with each
bid package for Randolph County building construction projects.
- a. Minority – a person who is a citizen or lawful permanent
resident of the United States and who is:
- a. Black, that is, a person having origins in
any of the black racial groups in Africa;
- a. Hispanic, that is, a person of Spanish or
Portuguese culture with origins in Mexico, South or Central America,
or the Caribbean Islands, regardless of race;
- c. Asian American, that is, a person having
origins in any of the original peoples of the Far East, Southeast Asia
and Asia, the Indian subcontinent, or the Pacific Islands;
- d. American Indian, that is, a person having
origins in any of the original peoples of North America; or
- e. Female
- b. Minority Business – means a business
- a. In which at least fifty-one percent (51%) is owned by one or more
minority persons or socially and economically disadvantaged
individuals, or in the case of a corporation, in which at least
fifty-one percent (51%) of the stock is owned by one or more minority
persons or socially and economically disadvantaged individuals; and
- b. Of which the management and daily business operations are
controlled by one or more of the minority persons or socially and
economically disadvantaged individuals who own it.
- c. Socially and
economically disadvantaged individual – means the same as defined in
15 U.S.C. 637. “Socially disadvantaged individuals are those who have
been subjected to racial or ethnic prejudice or cultural bias because of
their identity as a member of a group without regard to their individual
qualities”. “Economically disadvantaged individuals are those socially
disadvantaged individuals whose ability to compete in the free enterprise
system has been impaired due to diminished capital and credit
opportunities as compared to others in the same business area who are not
- a. Public Entity
– means State and all public subdivisions and local government units.
- b. Owner – Randolph County.
- c. Designer
– Any person, firm, partnership, or corporation, association, or joint
venture which has contracted with Randolph County to perform architectural
or engineering work.
- e. Bidder –
Any person, firm, partnership, corporation, association, or joint venture
bidding on a public contract or subcontract.
- f. Contract
– A mutually binding legal relationship, or any modification thereof,
obligating the seller to furnish equipment, materials or services,
including construction, and obligating the buyer to pay for them.
- g. Contractor
– Any person, firm, partnership, corporation, association, or joint
venture which has contracted with Randolph County to perform construction
work or repair.
- f. Subcontractor – Any person, firm, partnership, corporation,
association, or joint venture under contract with the prime contractor or
Construction Manager-at-Risk for supplying materials or labor and
materials and/or installation. The subcontractor may or may not provide
materials in the subcontract.
- a. Work with minority-focused business groups in attempt to recruit
minority business participation in Randolph County contracts/bids.
- b. Emphasize the importance of soliciting certified minority
businesses for subcontracting opportunities to prime contractors at
pre-bid conferences and in the bid documents. Examine specifications to
identify special subcontracting opportunities and strongly encourage prime
contractors to solicit bids for subcontracts from minority businesses.
- c. Hold meetings with contractors and designers to provide information
on this Outreach Plan and G.S. 143-129 requirements.
- d. Assess the effectiveness of this Outreach Plan by monitoring
minority business participation and reviewing the “good faith efforts” of
- e. At least 10 days prior to the scheduled day of bid opening, notify
minority businesses that have requested notices from Randolph County for
public construction or repair work and minority businesses that otherwise
indicated to the Office of Historically Underutilized Businesses an
interest in the type of work being bid or the potential contracting
opportunities listed in the proposal. The notification shall include the
- 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 Randolph County who will be
available to answer questions about the project
- d. Where bid documents may be reviewed
- e. Any special requirements that may exist
- f. Utilize other media, as appropriate, likely to inform potential
minority businesses of the bid being sought and advertise bid
opportunities in such minority-focused media.
- g. Build new business relationships through networking with other
North Carolina cities and counties and sharing ideas to improve the
- h. Offer training sessions to educate the County’s Outreach Plan with
interested businesses and organizations.
- i. Post the Outreach Plan on the County’s website listing good faith
efforts and creating links to minority business resources.
- j. Maintain a database specifically for minority businesses to ensure
those businesses are notified when bid opportunities become available.
The database shall also record minority business participation in Randolph
Under the single-prime bidding, separate prime bidding, dual bidding,
Construction Manager-at-Risk, or alternative contracting method, the
designer shall do all of the following:
- a. Attend scheduled prebid conferences to explain minority business requirements to the
- b. Assist the owner to identify and notify prospective minority
businesses of potential contracting opportunities.
- c. Maintain
documentation of contacts, correspondence, and/or conversations with
- d. Review jointly
with the owner, requirements of G.S. 143-128.2(c) and G.S. 143-128.2(f).
- e. During the
construction phase of the project, review pay applications and forward
copies to Randolph County.
Pursuant to NCGS 143-128.2(c), each
bidder, which shall mean first-tier subcontractor for construction manager at risk projects,
on a project bid under any of the methods authorized under G.S.
143-128(a1) shall identify on its bid the minority businesses that it will
use on the project and an affidavit listing the good faith efforts it has
made and the total dollar value of the bid that will be performed by the
minority businesses. A contractor, including a first-tier subcontractor on
a construction manager at risk project, that performs all of the work
under a contract with its own workforce may submit an affidavit to that
effect in lieu of the affidavit otherwise required under this subsection.
The apparent lowest responsible, responsive bidder shall also file the
- a. Within the time specified in the bid
- 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. An affidavit
under this sub-subdivision shall give rise to a presumption that the
bidder has made the required good faith or effort; or
- b. Documentation of its
good faith effort to meet the goal. The documentation must include
evidence of all good faith efforts that were implemented, including any
advertisements, solicitations, and evidence of other specific actions
demonstrating recruitment and selection of minority businesses for
participation in the contract.
- b. Within 30 days after award of the
contract, a list of all identified subcontractors that the contractor will
use on the project.
Failure to file a required affidavit or
documentation that demonstrates that the contractor made the required good
faith effort is grounds for rejection of the bid.
No subcontractor who is identified and
listed pursuant to this section may be replaced with a different
- a. If the subcontractor's bid is later
determined by the contractor or construction manager at risk to be nonresponsible or nonresponsive, or the listed subcontractor refuses to
enter into a contract for the complete performance of the bid work, or
- b. With the approval of Randolph County for
Good faith efforts as set forth in G.S.
143-131(b) shall apply to the selection of a substitute subcontractor.
Prior to substituting a subcontractor, the contractor shall identify the
substitute subcontractor and inform the public entity of its good faith
Randolph County does not certify minority businesses. Any business
which desires to participate as a minority business in Randolph County
contracts will be required to become certified by at least one of the
- a. North Carolina
Administration Department Historically Underutilized Business (HUB)
- b. North Carolina
Department of Transportation Minority/Disadvantage/Woman-owned Business
- c. Small Business Administration
- d. Other governmental agencies on a
MINIMUM COMPLIANCE REQUIREMENTS
Bidders must earn at least 50 points from the good faith efforts listed
below in order for their bids to be considered responsive.
- a. Contacting minority
businesses that reasonably could have been expected to submit a quote and
that were known to the contractor or available on State or local
government maintained lists at least 10 days before the bid or proposal
date and notifying them of the nature and scope of the work to be
performed. Value = 10 points.
- b. Making the construction
plans, specifications and requirements available for review by prospective
minority businesses, or providing these documents to them at least 10 days
before the bid or proposals are due. Value = 10 points.
- c. Breaking down or combining
elements of work into economically feasible units to facilitate minority
participation. Value = 15 points.
- d. Working with minority trade, community, or contractor organizations
identified by the Office for Historically Underutilized Businesses and
included in the bid documents that provide assistance in recruitment of
Value = 10 points.
- e. Attending any prebid meetings scheduled by the public owner. Value = 10 points.
- f. Providing assistance in
getting required bonding or insurance or providing alternatives to bonding
or insurance for subcontractors. Value = 20 points.
- g. Negotiating in good faith
with interested minority businesses and not rejecting them as unqualified
without sound reasons based on their capabilities. Any rejection of a
minority business based on lack of qualification should have the reasons
documented in writing. Value = 15 points.
- h. Providing assistance to an
otherwise qualified minority business in need of equipment, loan capital,
lines of credit, or joint pay agreements to secure loans, supplies, or
letters of credit, including waiving credit that is ordinarily required.
Assisting minority businesses in obtaining the same unit pricing with the
bidder's suppliers in order to help minority businesses in establishing
credit. Value = 25 points.
- i. Negotiating joint venture and
partnership arrangements with minority businesses in order to increase
opportunities for minority business participation on a public construction
or repair project when possible. Value = 20 points.
- j. Providing quick pay agreements
and policies to enable minority contractors and suppliers to meet
cash-flow demands. Value = 20 points.
April 5, 2004
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