State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-128_2

§ 143‑128.2.  Minority business participationgoals.

(a)        The State shall have a verifiable ten percent (10%) goal forparticipation by minority businesses in the total value of work for each Statebuilding project, including building projects done by a private entity on afacility to be leased or purchased by the State. A local government unit orother public or private entity that receives State appropriations for abuilding project or other State grant funds for a building project, including abuilding project done by a private entity on a facility to be leased orpurchased by the local government unit, where the project cost is one hundredthousand dollars ($100,000) or more, shall have a verifiable ten percent (10%)goal for participation by minority businesses in the total value of the work;provided, however, a local government unit may apply a different verifiablegoal that was adopted prior to December 1, 2001, if the local government unithad and continues to have a sufficiently strong basis in evidence to justifythe use of that goal. On State building projects and building projects subjectto the State goal requirement, the Secretary shall identify the appropriatepercentage goal, based on adequate data, for each category of minority businessas defined in G.S. 143‑128.2(g)(1) based on the specific contract type.

Except as otherwise provided for in this subsection, each city, county,or other local public entity shall adopt, after a notice and public hearing, anappropriate verifiable percentage goal for participation by minority businessesin the total value of work for building projects.

Each entity required to have verifiable percentage goals under thissubsection shall make a good faith effort to recruit minority participation inaccordance with this section or G.S. 143‑131(b), as applicable.

(b)        A public entity shall establish prior to solicitation ofbids the good faith efforts that it will take to make it feasible for minoritybusinesses to submit successful bids or proposals for the contracts forbuilding projects. Public entities shall make good faith efforts as set forthin subsection (e) of this section. Public entities shall require contractors tomake good faith efforts pursuant to subsection (f) of this section. Each first‑tiersubcontractor on a construction management at risk project shall comply withthe requirements applicable to contractors under this subsection.

(c)        Each bidder, which shall mean first‑tier subcontractorfor construction manager at risk projects for purposes of this subsection, on aproject 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 theproject and an affidavit listing the good faith efforts it has made pursuant tosubsection (f) of this section and the total dollar value of the bid that willbe performed by the minority businesses. A contractor, including a first‑tiersubcontractor on a construction manager at risk project, that performs all ofthe work under a contract with its own workforce may submit an affidavit tothat effect in lieu of the affidavit otherwise required under this subsection.The apparent lowest responsible, responsive bidder shall also file thefollowing:

(1)        Within the time specified in the bid documents, either:

a.         An affidavit that includes a description of the portion ofwork to be executed by minority businesses, expressed as a percentage of thetotal contract price, which is equal to or more than the applicable goal. Anaffidavit under this sub‑subdivision shall give rise to a presumptionthat the bidder has made the required good faith or effort; or

b.         Documentation of its good faith effort to meet the goal. Thedocumentation must include evidence of all good faith efforts that wereimplemented, including any advertisements, solicitations, and evidence of otherspecific actions demonstrating recruitment and selection of minority businessesfor participation in the contract.

(2)        Within 30 days after award of the contract, a list of allidentified subcontractors that the contractor will use on the project.

Failure to file a required affidavit or documentation that demonstratesthat the contractor made the required good faith effort is grounds forrejection of the bid.

(d)        No subcontractor who is identified and listed pursuant tosubsection (c) of this section may be replaced with a different subcontractorexcept:

(1)        If the subcontractor's bid is later determined by thecontractor or construction manager at risk to be nonresponsible ornonresponsive, or the listed subcontractor refuses to enter into a contract forthe complete performance of the bid work, or

(2)        With the approval of the public entity for good cause.

Good faith efforts as set forth in G.S. 143‑131(b) shall apply tothe selection of a substitute subcontractor. Prior to substituting asubcontractor, the contractor shall identify the substitute subcontractor andinform the public entity of its good faith efforts pursuant to G.S. 143‑131(b).

(e)        Before awarding a contract, a public entity shall do thefollowing:

(1)        Develop and implement a minority business participationoutreach plan to identify minority businesses that can perform public buildingprojects and to implement outreach efforts to encourage minority businessparticipation in these projects to include education, recruitment, andinteraction between minority businesses and nonminority businesses.

(2)        Attend the scheduled prebid conference.

(3)        At least 10 days prior to the scheduled day of bid opening,notify minority businesses that have requested notices from the public entityfor public construction or repair work and minority businesses that otherwiseindicated to the Office of Historically Underutilized Businesses an interest inthe type of work being bid or the potential contracting opportunities listed inthe proposal. The notification shall include the following:

a.         A description of the work for which the bid is beingsolicited.

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

c.         The name of the individual within the public entity who willbe available to answer questions about the project.

d.         Where bid documents may be reviewed.

e.         Any special requirements that may exist.

(4)        Utilize other media, as appropriate, likely to informpotential minority businesses of the bid being sought.

(f)         A public entity shall require bidders to undertake thefollowing good faith efforts to the extent required by the Secretary onprojects subject to this section. The Secretary shall adopt rules establishingpoints to be awarded for taking each effort and the minimum number of pointsrequired, depending on project size, cost, type, and other factors consideredrelevant by the Secretary. In establishing the point system, the Secretary maynot require a contractor to earn more than fifty (50) points, and the Secretarymust assign each of the efforts listed in subdivisions (1) through (10) of thissubsection at least 10 points. The public entity may require that additionalgood faith efforts be taken, as indicated in its bid specifications. Good faithefforts include:

(1)        Contacting minority businesses that reasonably could havebeen expected to submit a quote and that were known to the contractor oravailable on State or local government maintained lists at least 10 days beforethe bid or proposal date and notifying them of the nature and scope of the workto be performed.

(2)        Making the construction plans, specifications andrequirements available for review by prospective minority businesses, orproviding these documents to them at least 10 days before the bid or proposalsare due.

(3)        Breaking down or combining elements of work intoeconomically feasible units to facilitate minority participation.

(4)        Working with minority trade, community, or contractororganizations identified by the Office of Historically Underutilized Businessesand included in the bid documents that provide assistance in recruitment ofminority businesses.

(5)        Attending any prebid meetings scheduled by the public owner.

(6)        Providing assistance in getting required bonding or insuranceor providing alternatives to bonding or insurance for subcontractors.

(7)        Negotiating in good faith with interested minoritybusinesses and not rejecting them as unqualified without sound reasons based ontheir capabilities. Any rejection of a minority business based on lack ofqualification should have the reasons documented in writing.

(8)        Providing assistance to an otherwise qualified minoritybusiness in need of equipment, loan capital, lines of credit, or joint payagreements to secure loans, supplies, or letters of credit, including waivingcredit that is ordinarily required. Assisting minority businesses in obtainingthe same unit pricing with the bidder's suppliers in order to help minoritybusinesses in establishing credit.

(9)        Negotiating joint venture and partnership arrangements withminority businesses in order to increase opportunities for minority businessparticipation on a public construction or repair project when possible.

(10)      Providing quick pay agreements and policies to enableminority contractors and suppliers to meet cash‑flow demands.

(g)        As used in this section:

(1)        The term "minority business" means a business:

a.         In which at least fifty‑one percent (51%) is owned byone or more minority persons or socially and economically disadvantagedindividuals, or in the case of a corporation, in which at least fifty‑onepercent (51%) of the stock is owned by one or more minority persons or sociallyand economically disadvantaged individuals; and

b.         Of which the management and daily business operations arecontrolled by one or more of the minority persons or socially and economicallydisadvantaged individuals who own it.

(2)        The term "minority person" means a person who is acitizen or lawful permanent resident of the United States and who is:

a.         Black, that is, a person having origins in any of the blackracial groups in Africa;

b.         Hispanic, that is, a person of Spanish or Portuguese culturewith 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 ofthe original peoples of the Far East, Southeast Asia and Asia, the Indiansubcontinent, or the Pacific Islands;

d.         American Indian, that is, a person having origins in any ofthe original Indian peoples of North America; or

e.         Female.

(3)        The term "socially and economically disadvantagedindividual" means the same as defined in 15 U.S.C. 637.

(h)        The State, counties, municipalities, and all other publicbodies shall award public building contracts, including those awarded underG.S. 143‑128.1, 143‑129, and 143‑131, without regard to race,religion, color, creed, national origin, sex, age, or handicapping condition,as defined in G.S. 168A‑3. Nothing in this section shall be construed torequire contractors or awarding authorities to award contracts or subcontractsto or to make purchases of materials or equipment from minority‑businesscontractors or minority‑business subcontractors who do not submit thelowest responsible, responsive bid or bids.

(i)         Notwithstanding G.S. 132‑3 and G.S. 121‑5, allpublic records created pursuant to this section shall be maintained by thepublic entity for a period of not less than three years from the date of thecompletion of the building project.

(j)         Except as provided in subsections (a), (g), (h) and (i) ofthis section, this section shall only apply to building projects costing threehundred thousand dollars ($300,000) or more. This section shall not apply tothe purchase and erection of prefabricated or relocatable buildings or portionsthereof, except that portion of the work which must be performed at theconstruction site. (2001‑496, s. 3.1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-128_2

§ 143‑128.2.  Minority business participationgoals.

(a)        The State shall have a verifiable ten percent (10%) goal forparticipation by minority businesses in the total value of work for each Statebuilding project, including building projects done by a private entity on afacility to be leased or purchased by the State. A local government unit orother public or private entity that receives State appropriations for abuilding project or other State grant funds for a building project, including abuilding project done by a private entity on a facility to be leased orpurchased by the local government unit, where the project cost is one hundredthousand dollars ($100,000) or more, shall have a verifiable ten percent (10%)goal for participation by minority businesses in the total value of the work;provided, however, a local government unit may apply a different verifiablegoal that was adopted prior to December 1, 2001, if the local government unithad and continues to have a sufficiently strong basis in evidence to justifythe use of that goal. On State building projects and building projects subjectto the State goal requirement, the Secretary shall identify the appropriatepercentage goal, based on adequate data, for each category of minority businessas defined in G.S. 143‑128.2(g)(1) based on the specific contract type.

Except as otherwise provided for in this subsection, each city, county,or other local public entity shall adopt, after a notice and public hearing, anappropriate verifiable percentage goal for participation by minority businessesin the total value of work for building projects.

Each entity required to have verifiable percentage goals under thissubsection shall make a good faith effort to recruit minority participation inaccordance with this section or G.S. 143‑131(b), as applicable.

(b)        A public entity shall establish prior to solicitation ofbids the good faith efforts that it will take to make it feasible for minoritybusinesses to submit successful bids or proposals for the contracts forbuilding projects. Public entities shall make good faith efforts as set forthin subsection (e) of this section. Public entities shall require contractors tomake good faith efforts pursuant to subsection (f) of this section. Each first‑tiersubcontractor on a construction management at risk project shall comply withthe requirements applicable to contractors under this subsection.

(c)        Each bidder, which shall mean first‑tier subcontractorfor construction manager at risk projects for purposes of this subsection, on aproject 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 theproject and an affidavit listing the good faith efforts it has made pursuant tosubsection (f) of this section and the total dollar value of the bid that willbe performed by the minority businesses. A contractor, including a first‑tiersubcontractor on a construction manager at risk project, that performs all ofthe work under a contract with its own workforce may submit an affidavit tothat effect in lieu of the affidavit otherwise required under this subsection.The apparent lowest responsible, responsive bidder shall also file thefollowing:

(1)        Within the time specified in the bid documents, either:

a.         An affidavit that includes a description of the portion ofwork to be executed by minority businesses, expressed as a percentage of thetotal contract price, which is equal to or more than the applicable goal. Anaffidavit under this sub‑subdivision shall give rise to a presumptionthat the bidder has made the required good faith or effort; or

b.         Documentation of its good faith effort to meet the goal. Thedocumentation must include evidence of all good faith efforts that wereimplemented, including any advertisements, solicitations, and evidence of otherspecific actions demonstrating recruitment and selection of minority businessesfor participation in the contract.

(2)        Within 30 days after award of the contract, a list of allidentified subcontractors that the contractor will use on the project.

Failure to file a required affidavit or documentation that demonstratesthat the contractor made the required good faith effort is grounds forrejection of the bid.

(d)        No subcontractor who is identified and listed pursuant tosubsection (c) of this section may be replaced with a different subcontractorexcept:

(1)        If the subcontractor's bid is later determined by thecontractor or construction manager at risk to be nonresponsible ornonresponsive, or the listed subcontractor refuses to enter into a contract forthe complete performance of the bid work, or

(2)        With the approval of the public entity for good cause.

Good faith efforts as set forth in G.S. 143‑131(b) shall apply tothe selection of a substitute subcontractor. Prior to substituting asubcontractor, the contractor shall identify the substitute subcontractor andinform the public entity of its good faith efforts pursuant to G.S. 143‑131(b).

(e)        Before awarding a contract, a public entity shall do thefollowing:

(1)        Develop and implement a minority business participationoutreach plan to identify minority businesses that can perform public buildingprojects and to implement outreach efforts to encourage minority businessparticipation in these projects to include education, recruitment, andinteraction between minority businesses and nonminority businesses.

(2)        Attend the scheduled prebid conference.

(3)        At least 10 days prior to the scheduled day of bid opening,notify minority businesses that have requested notices from the public entityfor public construction or repair work and minority businesses that otherwiseindicated to the Office of Historically Underutilized Businesses an interest inthe type of work being bid or the potential contracting opportunities listed inthe proposal. The notification shall include the following:

a.         A description of the work for which the bid is beingsolicited.

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

c.         The name of the individual within the public entity who willbe available to answer questions about the project.

d.         Where bid documents may be reviewed.

e.         Any special requirements that may exist.

(4)        Utilize other media, as appropriate, likely to informpotential minority businesses of the bid being sought.

(f)         A public entity shall require bidders to undertake thefollowing good faith efforts to the extent required by the Secretary onprojects subject to this section. The Secretary shall adopt rules establishingpoints to be awarded for taking each effort and the minimum number of pointsrequired, depending on project size, cost, type, and other factors consideredrelevant by the Secretary. In establishing the point system, the Secretary maynot require a contractor to earn more than fifty (50) points, and the Secretarymust assign each of the efforts listed in subdivisions (1) through (10) of thissubsection at least 10 points. The public entity may require that additionalgood faith efforts be taken, as indicated in its bid specifications. Good faithefforts include:

(1)        Contacting minority businesses that reasonably could havebeen expected to submit a quote and that were known to the contractor oravailable on State or local government maintained lists at least 10 days beforethe bid or proposal date and notifying them of the nature and scope of the workto be performed.

(2)        Making the construction plans, specifications andrequirements available for review by prospective minority businesses, orproviding these documents to them at least 10 days before the bid or proposalsare due.

(3)        Breaking down or combining elements of work intoeconomically feasible units to facilitate minority participation.

(4)        Working with minority trade, community, or contractororganizations identified by the Office of Historically Underutilized Businessesand included in the bid documents that provide assistance in recruitment ofminority businesses.

(5)        Attending any prebid meetings scheduled by the public owner.

(6)        Providing assistance in getting required bonding or insuranceor providing alternatives to bonding or insurance for subcontractors.

(7)        Negotiating in good faith with interested minoritybusinesses and not rejecting them as unqualified without sound reasons based ontheir capabilities. Any rejection of a minority business based on lack ofqualification should have the reasons documented in writing.

(8)        Providing assistance to an otherwise qualified minoritybusiness in need of equipment, loan capital, lines of credit, or joint payagreements to secure loans, supplies, or letters of credit, including waivingcredit that is ordinarily required. Assisting minority businesses in obtainingthe same unit pricing with the bidder's suppliers in order to help minoritybusinesses in establishing credit.

(9)        Negotiating joint venture and partnership arrangements withminority businesses in order to increase opportunities for minority businessparticipation on a public construction or repair project when possible.

(10)      Providing quick pay agreements and policies to enableminority contractors and suppliers to meet cash‑flow demands.

(g)        As used in this section:

(1)        The term "minority business" means a business:

a.         In which at least fifty‑one percent (51%) is owned byone or more minority persons or socially and economically disadvantagedindividuals, or in the case of a corporation, in which at least fifty‑onepercent (51%) of the stock is owned by one or more minority persons or sociallyand economically disadvantaged individuals; and

b.         Of which the management and daily business operations arecontrolled by one or more of the minority persons or socially and economicallydisadvantaged individuals who own it.

(2)        The term "minority person" means a person who is acitizen or lawful permanent resident of the United States and who is:

a.         Black, that is, a person having origins in any of the blackracial groups in Africa;

b.         Hispanic, that is, a person of Spanish or Portuguese culturewith 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 ofthe original peoples of the Far East, Southeast Asia and Asia, the Indiansubcontinent, or the Pacific Islands;

d.         American Indian, that is, a person having origins in any ofthe original Indian peoples of North America; or

e.         Female.

(3)        The term "socially and economically disadvantagedindividual" means the same as defined in 15 U.S.C. 637.

(h)        The State, counties, municipalities, and all other publicbodies shall award public building contracts, including those awarded underG.S. 143‑128.1, 143‑129, and 143‑131, without regard to race,religion, color, creed, national origin, sex, age, or handicapping condition,as defined in G.S. 168A‑3. Nothing in this section shall be construed torequire contractors or awarding authorities to award contracts or subcontractsto or to make purchases of materials or equipment from minority‑businesscontractors or minority‑business subcontractors who do not submit thelowest responsible, responsive bid or bids.

(i)         Notwithstanding G.S. 132‑3 and G.S. 121‑5, allpublic records created pursuant to this section shall be maintained by thepublic entity for a period of not less than three years from the date of thecompletion of the building project.

(j)         Except as provided in subsections (a), (g), (h) and (i) ofthis section, this section shall only apply to building projects costing threehundred thousand dollars ($300,000) or more. This section shall not apply tothe purchase and erection of prefabricated or relocatable buildings or portionsthereof, except that portion of the work which must be performed at theconstruction site. (2001‑496, s. 3.1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-128_2

§ 143‑128.2.  Minority business participationgoals.

(a)        The State shall have a verifiable ten percent (10%) goal forparticipation by minority businesses in the total value of work for each Statebuilding project, including building projects done by a private entity on afacility to be leased or purchased by the State. A local government unit orother public or private entity that receives State appropriations for abuilding project or other State grant funds for a building project, including abuilding project done by a private entity on a facility to be leased orpurchased by the local government unit, where the project cost is one hundredthousand dollars ($100,000) or more, shall have a verifiable ten percent (10%)goal for participation by minority businesses in the total value of the work;provided, however, a local government unit may apply a different verifiablegoal that was adopted prior to December 1, 2001, if the local government unithad and continues to have a sufficiently strong basis in evidence to justifythe use of that goal. On State building projects and building projects subjectto the State goal requirement, the Secretary shall identify the appropriatepercentage goal, based on adequate data, for each category of minority businessas defined in G.S. 143‑128.2(g)(1) based on the specific contract type.

Except as otherwise provided for in this subsection, each city, county,or other local public entity shall adopt, after a notice and public hearing, anappropriate verifiable percentage goal for participation by minority businessesin the total value of work for building projects.

Each entity required to have verifiable percentage goals under thissubsection shall make a good faith effort to recruit minority participation inaccordance with this section or G.S. 143‑131(b), as applicable.

(b)        A public entity shall establish prior to solicitation ofbids the good faith efforts that it will take to make it feasible for minoritybusinesses to submit successful bids or proposals for the contracts forbuilding projects. Public entities shall make good faith efforts as set forthin subsection (e) of this section. Public entities shall require contractors tomake good faith efforts pursuant to subsection (f) of this section. Each first‑tiersubcontractor on a construction management at risk project shall comply withthe requirements applicable to contractors under this subsection.

(c)        Each bidder, which shall mean first‑tier subcontractorfor construction manager at risk projects for purposes of this subsection, on aproject 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 theproject and an affidavit listing the good faith efforts it has made pursuant tosubsection (f) of this section and the total dollar value of the bid that willbe performed by the minority businesses. A contractor, including a first‑tiersubcontractor on a construction manager at risk project, that performs all ofthe work under a contract with its own workforce may submit an affidavit tothat effect in lieu of the affidavit otherwise required under this subsection.The apparent lowest responsible, responsive bidder shall also file thefollowing:

(1)        Within the time specified in the bid documents, either:

a.         An affidavit that includes a description of the portion ofwork to be executed by minority businesses, expressed as a percentage of thetotal contract price, which is equal to or more than the applicable goal. Anaffidavit under this sub‑subdivision shall give rise to a presumptionthat the bidder has made the required good faith or effort; or

b.         Documentation of its good faith effort to meet the goal. Thedocumentation must include evidence of all good faith efforts that wereimplemented, including any advertisements, solicitations, and evidence of otherspecific actions demonstrating recruitment and selection of minority businessesfor participation in the contract.

(2)        Within 30 days after award of the contract, a list of allidentified subcontractors that the contractor will use on the project.

Failure to file a required affidavit or documentation that demonstratesthat the contractor made the required good faith effort is grounds forrejection of the bid.

(d)        No subcontractor who is identified and listed pursuant tosubsection (c) of this section may be replaced with a different subcontractorexcept:

(1)        If the subcontractor's bid is later determined by thecontractor or construction manager at risk to be nonresponsible ornonresponsive, or the listed subcontractor refuses to enter into a contract forthe complete performance of the bid work, or

(2)        With the approval of the public entity for good cause.

Good faith efforts as set forth in G.S. 143‑131(b) shall apply tothe selection of a substitute subcontractor. Prior to substituting asubcontractor, the contractor shall identify the substitute subcontractor andinform the public entity of its good faith efforts pursuant to G.S. 143‑131(b).

(e)        Before awarding a contract, a public entity shall do thefollowing:

(1)        Develop and implement a minority business participationoutreach plan to identify minority businesses that can perform public buildingprojects and to implement outreach efforts to encourage minority businessparticipation in these projects to include education, recruitment, andinteraction between minority businesses and nonminority businesses.

(2)        Attend the scheduled prebid conference.

(3)        At least 10 days prior to the scheduled day of bid opening,notify minority businesses that have requested notices from the public entityfor public construction or repair work and minority businesses that otherwiseindicated to the Office of Historically Underutilized Businesses an interest inthe type of work being bid or the potential contracting opportunities listed inthe proposal. The notification shall include the following:

a.         A description of the work for which the bid is beingsolicited.

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

c.         The name of the individual within the public entity who willbe available to answer questions about the project.

d.         Where bid documents may be reviewed.

e.         Any special requirements that may exist.

(4)        Utilize other media, as appropriate, likely to informpotential minority businesses of the bid being sought.

(f)         A public entity shall require bidders to undertake thefollowing good faith efforts to the extent required by the Secretary onprojects subject to this section. The Secretary shall adopt rules establishingpoints to be awarded for taking each effort and the minimum number of pointsrequired, depending on project size, cost, type, and other factors consideredrelevant by the Secretary. In establishing the point system, the Secretary maynot require a contractor to earn more than fifty (50) points, and the Secretarymust assign each of the efforts listed in subdivisions (1) through (10) of thissubsection at least 10 points. The public entity may require that additionalgood faith efforts be taken, as indicated in its bid specifications. Good faithefforts include:

(1)        Contacting minority businesses that reasonably could havebeen expected to submit a quote and that were known to the contractor oravailable on State or local government maintained lists at least 10 days beforethe bid or proposal date and notifying them of the nature and scope of the workto be performed.

(2)        Making the construction plans, specifications andrequirements available for review by prospective minority businesses, orproviding these documents to them at least 10 days before the bid or proposalsare due.

(3)        Breaking down or combining elements of work intoeconomically feasible units to facilitate minority participation.

(4)        Working with minority trade, community, or contractororganizations identified by the Office of Historically Underutilized Businessesand included in the bid documents that provide assistance in recruitment ofminority businesses.

(5)        Attending any prebid meetings scheduled by the public owner.

(6)        Providing assistance in getting required bonding or insuranceor providing alternatives to bonding or insurance for subcontractors.

(7)        Negotiating in good faith with interested minoritybusinesses and not rejecting them as unqualified without sound reasons based ontheir capabilities. Any rejection of a minority business based on lack ofqualification should have the reasons documented in writing.

(8)        Providing assistance to an otherwise qualified minoritybusiness in need of equipment, loan capital, lines of credit, or joint payagreements to secure loans, supplies, or letters of credit, including waivingcredit that is ordinarily required. Assisting minority businesses in obtainingthe same unit pricing with the bidder's suppliers in order to help minoritybusinesses in establishing credit.

(9)        Negotiating joint venture and partnership arrangements withminority businesses in order to increase opportunities for minority businessparticipation on a public construction or repair project when possible.

(10)      Providing quick pay agreements and policies to enableminority contractors and suppliers to meet cash‑flow demands.

(g)        As used in this section:

(1)        The term "minority business" means a business:

a.         In which at least fifty‑one percent (51%) is owned byone or more minority persons or socially and economically disadvantagedindividuals, or in the case of a corporation, in which at least fifty‑onepercent (51%) of the stock is owned by one or more minority persons or sociallyand economically disadvantaged individuals; and

b.         Of which the management and daily business operations arecontrolled by one or more of the minority persons or socially and economicallydisadvantaged individuals who own it.

(2)        The term "minority person" means a person who is acitizen or lawful permanent resident of the United States and who is:

a.         Black, that is, a person having origins in any of the blackracial groups in Africa;

b.         Hispanic, that is, a person of Spanish or Portuguese culturewith 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 ofthe original peoples of the Far East, Southeast Asia and Asia, the Indiansubcontinent, or the Pacific Islands;

d.         American Indian, that is, a person having origins in any ofthe original Indian peoples of North America; or

e.         Female.

(3)        The term "socially and economically disadvantagedindividual" means the same as defined in 15 U.S.C. 637.

(h)        The State, counties, municipalities, and all other publicbodies shall award public building contracts, including those awarded underG.S. 143‑128.1, 143‑129, and 143‑131, without regard to race,religion, color, creed, national origin, sex, age, or handicapping condition,as defined in G.S. 168A‑3. Nothing in this section shall be construed torequire contractors or awarding authorities to award contracts or subcontractsto or to make purchases of materials or equipment from minority‑businesscontractors or minority‑business subcontractors who do not submit thelowest responsible, responsive bid or bids.

(i)         Notwithstanding G.S. 132‑3 and G.S. 121‑5, allpublic records created pursuant to this section shall be maintained by thepublic entity for a period of not less than three years from the date of thecompletion of the building project.

(j)         Except as provided in subsections (a), (g), (h) and (i) ofthis section, this section shall only apply to building projects costing threehundred thousand dollars ($300,000) or more. This section shall not apply tothe purchase and erection of prefabricated or relocatable buildings or portionsthereof, except that portion of the work which must be performed at theconstruction site. (2001‑496, s. 3.1.)