Do good faith efforts requirements apply to projects in the informal bid range?

Yes. The informal bidding statute, G.S. 143-131, requires public agencies to solicit minority participation for building construction or repair contracts in the informal range (between $30,000 and $500,000). The law requires the agency to document its efforts but makes clear there is no requirement to formally advertise the bids. Upon completion of the project, public agencies must report to the Office of Historically Underutilized Businesses (HUB) in the Department of Administration “all data, including the type of project, total dollar value, dollar value of minority business participation on each project, and documentation of efforts to recruit minority participation.” (G.S. 143-131(b)).  Note that there is an overlap of the application of the requirements in G.S. 143-131 and the requirements in G.S. 143-128.2 for projects that cost between $300,000 and $500,000.

Public Officials - Local and State Government Roles
Topics - Local and State Government
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