(a) All public entitiessubject to G.S. 143‑128.2 shall report to the Department ofAdministration, Office of Historically Underutilized Business, the followingwith respect to each building project:
(1) The verifiablepercentage goal.
(2) The type and totaldollar value of the project, minority business utilization by minority businesscategory, trade, total dollar value of contracts awarded to each minority groupfor each project, the applicable good faith effort guidelines or rules used torecruit minority business participation, and good faith documentation acceptedby the public entity from the successful bidder.
(3) The utilization ofminority businesses under the various construction methods under G.S. 143‑128(a1).
The reports shall be in theformat and contain the data prescribed by the Secretary of Administration. TheUniversity of North Carolina and the State Board of Community Colleges shallreport quarterly and all other public entities shall report semiannually. TheSecretary of the Department of Administration shall make reports every sixmonths to the Joint Legislative Committee on Governmental Operations oninformation reported pursuant to this subsection.
(b) A public entitythat has been notified by the Secretary of its failure to comply with G.S. 143‑128.2on a project shall develop a plan of compliance that addresses the deficienciesidentified by the Secretary. The corrective plan shall apply to the currentproject or to subsequent projects under G.S. 143‑128, as appropriate,provided that the plan must be implemented, at a minimum, on the currentproject to the extent feasible. If the public entity, after notification fromthe Secretary, fails to file a corrective plan, or if the public entity doesnot implement the corrective plan in accordance with its terms, the Secretaryshall require one or both of the following:
(1) That the publicentity consult with the Department of Administration, Office of HistoricallyUnderutilized Businesses on the development of a new corrective plan, subjectto the approval of the Department and the Attorney General. The public entitymay designate a representative to appear on its behalf, provided that therepresentative has managerial responsibility for the construction project.
(2) That the publicentity not bid another contract under G.S. 143‑128 without prior reviewby the Department and the Attorney General of a good faith compliance plandeveloped pursuant to subdivision (1) of this subsection. The public entityshall be subject to the review and approval of its good faith compliance planunder this subdivision with respect to any projects bid pursuant to G.S. 143‑128during a period of time determined by the Secretary, not to exceed one year.
A public entity aggrieved bythe decision of the Secretary may file a contested case proceeding underChapter 150B of the General Statutes.
(c) The Secretary shallstudy and recommend to the General Assembly and other State agencies ways toimprove the effectiveness and efficiency of the State capital facilitiesdevelopment, minority business participation program and good faith efforts inutilizing minority businesses as set forth in G.S. 143‑128.2, and otherappropriate good faith efforts that may result in the increased utilization ofminority businesses.
(d) The Secretary shallappoint an advisory board to develop recommendations to improve the recruitmentand utilization of minority businesses. The Secretary, with the input of itsadvisory board, shall review the State's programs for promoting the recruitmentand utilization of minority businesses involved in State capital projects andshall recommend to the General Assembly, the State Construction Office, TheUniversity of North Carolina, and the community colleges system changes in theterms and conditions of State laws, rules, and policies that will enhanceopportunities for utilization of minority businesses on these projects. TheSecretary shall provide guidance to these agencies on identifying types ofprojects likely to attract increased participation by minority businesses andbreaking down or combining elements of work into economically feasible units tofacilitate minority business participation.
(e) The Secretary shalladopt rules for State entities, The University of North Carolina, and communitycolleges and shall adopt guidelines for local government units to implement theprovisions of G.S. 143‑128.2.
(e1) Repealed by SessionLaws 2007‑392, s. 3, effective October 1, 2007.
(f) The Secretary shallprovide the following information to the Attorney General:
(1) Failure by a publicentity to report data to the Secretary in accordance with this section.
(2) Upon the request ofthe Attorney General, any data or other information collected under this section.
(3) False statementsknowingly provided in any affidavit or documentation under G.S. 143‑128.2to the State or other public entity. Public entities shall provide to theSecretary information concerning any false information knowingly provided to thepublic entity pursuant to G.S. 143‑128.2.
(g) The Secretary shallreport findings and recommendations as required under this section to the JointLegislative Committee on Governmental Operations annually on or before June 1,beginning June 1, 2002. (2001‑496, s. 3.6; 2005‑270, s. 2; 2007‑392, s. 3.)
(a) All public entitiessubject to G.S. 143‑128.2 shall report to the Department ofAdministration, Office of Historically Underutilized Business, the followingwith respect to each building project:
(1) The verifiablepercentage goal.
(2) The type and totaldollar value of the project, minority business utilization by minority businesscategory, trade, total dollar value of contracts awarded to each minority groupfor each project, the applicable good faith effort guidelines or rules used torecruit minority business participation, and good faith documentation acceptedby the public entity from the successful bidder.
(3) The utilization ofminority businesses under the various construction methods under G.S. 143‑128(a1).
The reports shall be in theformat and contain the data prescribed by the Secretary of Administration. TheUniversity of North Carolina and the State Board of Community Colleges shallreport quarterly and all other public entities shall report semiannually. TheSecretary of the Department of Administration shall make reports every sixmonths to the Joint Legislative Committee on Governmental Operations oninformation reported pursuant to this subsection.
(b) A public entitythat has been notified by the Secretary of its failure to comply with G.S. 143‑128.2on a project shall develop a plan of compliance that addresses the deficienciesidentified by the Secretary. The corrective plan shall apply to the currentproject or to subsequent projects under G.S. 143‑128, as appropriate,provided that the plan must be implemented, at a minimum, on the currentproject to the extent feasible. If the public entity, after notification fromthe Secretary, fails to file a corrective plan, or if the public entity doesnot implement the corrective plan in accordance with its terms, the Secretaryshall require one or both of the following:
(1) That the publicentity consult with the Department of Administration, Office of HistoricallyUnderutilized Businesses on the development of a new corrective plan, subjectto the approval of the Department and the Attorney General. The public entitymay designate a representative to appear on its behalf, provided that therepresentative has managerial responsibility for the construction project.
(2) That the publicentity not bid another contract under G.S. 143‑128 without prior reviewby the Department and the Attorney General of a good faith compliance plandeveloped pursuant to subdivision (1) of this subsection. The public entityshall be subject to the review and approval of its good faith compliance planunder this subdivision with respect to any projects bid pursuant to G.S. 143‑128during a period of time determined by the Secretary, not to exceed one year.
A public entity aggrieved bythe decision of the Secretary may file a contested case proceeding underChapter 150B of the General Statutes.
(c) The Secretary shallstudy and recommend to the General Assembly and other State agencies ways toimprove the effectiveness and efficiency of the State capital facilitiesdevelopment, minority business participation program and good faith efforts inutilizing minority businesses as set forth in G.S. 143‑128.2, and otherappropriate good faith efforts that may result in the increased utilization ofminority businesses.
(d) The Secretary shallappoint an advisory board to develop recommendations to improve the recruitmentand utilization of minority businesses. The Secretary, with the input of itsadvisory board, shall review the State's programs for promoting the recruitmentand utilization of minority businesses involved in State capital projects andshall recommend to the General Assembly, the State Construction Office, TheUniversity of North Carolina, and the community colleges system changes in theterms and conditions of State laws, rules, and policies that will enhanceopportunities for utilization of minority businesses on these projects. TheSecretary shall provide guidance to these agencies on identifying types ofprojects likely to attract increased participation by minority businesses andbreaking down or combining elements of work into economically feasible units tofacilitate minority business participation.
(e) The Secretary shalladopt rules for State entities, The University of North Carolina, and communitycolleges and shall adopt guidelines for local government units to implement theprovisions of G.S. 143‑128.2.
(e1) Repealed by SessionLaws 2007‑392, s. 3, effective October 1, 2007.
(f) The Secretary shallprovide the following information to the Attorney General:
(1) Failure by a publicentity to report data to the Secretary in accordance with this section.
(2) Upon the request ofthe Attorney General, any data or other information collected under this section.
(3) False statementsknowingly provided in any affidavit or documentation under G.S. 143‑128.2to the State or other public entity. Public entities shall provide to theSecretary information concerning any false information knowingly provided to thepublic entity pursuant to G.S. 143‑128.2.
(g) The Secretary shallreport findings and recommendations as required under this section to the JointLegislative Committee on Governmental Operations annually on or before June 1,beginning June 1, 2002. (2001‑496, s. 3.6; 2005‑270, s. 2; 2007‑392, s. 3.)
(a) All public entitiessubject to G.S. 143‑128.2 shall report to the Department ofAdministration, Office of Historically Underutilized Business, the followingwith respect to each building project:
(1) The verifiablepercentage goal.
(2) The type and totaldollar value of the project, minority business utilization by minority businesscategory, trade, total dollar value of contracts awarded to each minority groupfor each project, the applicable good faith effort guidelines or rules used torecruit minority business participation, and good faith documentation acceptedby the public entity from the successful bidder.
(3) The utilization ofminority businesses under the various construction methods under G.S. 143‑128(a1).
The reports shall be in theformat and contain the data prescribed by the Secretary of Administration. TheUniversity of North Carolina and the State Board of Community Colleges shallreport quarterly and all other public entities shall report semiannually. TheSecretary of the Department of Administration shall make reports every sixmonths to the Joint Legislative Committee on Governmental Operations oninformation reported pursuant to this subsection.
(b) A public entitythat has been notified by the Secretary of its failure to comply with G.S. 143‑128.2on a project shall develop a plan of compliance that addresses the deficienciesidentified by the Secretary. The corrective plan shall apply to the currentproject or to subsequent projects under G.S. 143‑128, as appropriate,provided that the plan must be implemented, at a minimum, on the currentproject to the extent feasible. If the public entity, after notification fromthe Secretary, fails to file a corrective plan, or if the public entity doesnot implement the corrective plan in accordance with its terms, the Secretaryshall require one or both of the following:
(1) That the publicentity consult with the Department of Administration, Office of HistoricallyUnderutilized Businesses on the development of a new corrective plan, subjectto the approval of the Department and the Attorney General. The public entitymay designate a representative to appear on its behalf, provided that therepresentative has managerial responsibility for the construction project.
(2) That the publicentity not bid another contract under G.S. 143‑128 without prior reviewby the Department and the Attorney General of a good faith compliance plandeveloped pursuant to subdivision (1) of this subsection. The public entityshall be subject to the review and approval of its good faith compliance planunder this subdivision with respect to any projects bid pursuant to G.S. 143‑128during a period of time determined by the Secretary, not to exceed one year.
A public entity aggrieved bythe decision of the Secretary may file a contested case proceeding underChapter 150B of the General Statutes.
(c) The Secretary shallstudy and recommend to the General Assembly and other State agencies ways toimprove the effectiveness and efficiency of the State capital facilitiesdevelopment, minority business participation program and good faith efforts inutilizing minority businesses as set forth in G.S. 143‑128.2, and otherappropriate good faith efforts that may result in the increased utilization ofminority businesses.
(d) The Secretary shallappoint an advisory board to develop recommendations to improve the recruitmentand utilization of minority businesses. The Secretary, with the input of itsadvisory board, shall review the State's programs for promoting the recruitmentand utilization of minority businesses involved in State capital projects andshall recommend to the General Assembly, the State Construction Office, TheUniversity of North Carolina, and the community colleges system changes in theterms and conditions of State laws, rules, and policies that will enhanceopportunities for utilization of minority businesses on these projects. TheSecretary shall provide guidance to these agencies on identifying types ofprojects likely to attract increased participation by minority businesses andbreaking down or combining elements of work into economically feasible units tofacilitate minority business participation.
(e) The Secretary shalladopt rules for State entities, The University of North Carolina, and communitycolleges and shall adopt guidelines for local government units to implement theprovisions of G.S. 143‑128.2.
(e1) Repealed by SessionLaws 2007‑392, s. 3, effective October 1, 2007.
(f) The Secretary shallprovide the following information to the Attorney General:
(1) Failure by a publicentity to report data to the Secretary in accordance with this section.
(2) Upon the request ofthe Attorney General, any data or other information collected under this section.
(3) False statementsknowingly provided in any affidavit or documentation under G.S. 143‑128.2to the State or other public entity. Public entities shall provide to theSecretary information concerning any false information knowingly provided to thepublic entity pursuant to G.S. 143‑128.2.
(g) The Secretary shallreport findings and recommendations as required under this section to the JointLegislative Committee on Governmental Operations annually on or before June 1,beginning June 1, 2002. (2001‑496, s. 3.6; 2005‑270, s. 2; 2007‑392, s. 3.)
