Orange County NC Website
MBGuidelines 2002 - vii- <br />MINIMUM COMPLIANCE REQUIREMENTS: <br /> <br />All written statements, affidavits or intentions made by the Bidder shall become a part of the agreement <br />between the Contractor and the State for performance of this contract. Failure to comply with any of <br />these statements, affidavits or intentions, or with the minority business Guidelines shall constitute a <br />breach of the contract. A finding by the State that any information submitted either prior to award of the <br />contract or during the performance of the contract is inaccurate, false or incomplete, shall also constitute <br />a breach of the contract. Any such breach may result in termination of the contract in accordance with <br />the termination provisions contained in the contract. It shall be solely at the option of the State whether <br />to terminate the contract for breach. <br /> <br />In determining whether a contractor has made Good Faith Efforts, the State will evaluate all efforts <br />made by the Contractor and will determine compliance in regard to quantity, intensity, and results of <br />these efforts. Good Faith Efforts include: <br /> <br />(1) Contacting minority businesses that reasonably could have been expected to submit a quote and <br />that were known to the contractor or available on State or local government maintained lists at <br />least 10 days before the bid or proposal date and notifying them of the nature and scope of the <br />work to be performed. <br />(2) Making the construction plans, specifications and requirements available for review by prospective <br />minority businesses, or providing these documents to them at least 10 days before the bid or <br />proposals are due. <br />(3) Breaking down or combining elements of work into economically feasible units to facilitate <br />minority participation. <br />(4) Working with minority trade, community, or contractor organizations identified by the Office for <br />Historically Underutilized Businesses and included in the bid documents that provide assistance in <br />recruitment of minority businesses. <br />(5) Attending any prebid meetings scheduled by the public owner. <br />(6) Providing assistance in getting required bonding or insurance or providing alternatives to bonding <br />or insurance for subcontractors. <br />(7) Negotiating in good faith with interested minority businesses and not rejecting them as unqualified <br />without sound reasons based on their capabilities. Any rejection of a minority business based on <br />lack of qualification should have the reasons documented in writing. <br />(8) Providing assistance to an otherwise qualified minority business in need of equipment, loan <br />capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, <br />including waiving credit that is ordinarily required. Assisting minority businesses in obtaining the <br />same unit pricing with the bidder's suppliers in order to help minority businesses in establishing <br />credit. <br />(9) Negotiating joint venture and partnership arrangements with minority businesses in order to <br />increase opportunities for minority business participation on a public construction or repair project <br />when possible. <br />(10) Providing quick pay agreements and policies to enable minority contractors and suppliers to meet <br />cash-flow demands. <br />Docusign Envelope ID: 8DED1454-68D2-4E36-9FC6-E56FF2124E5D