Policy 6402

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PARTICIPATION BY HISTORICALLY UNDERUTILIZED BUSINESSES Policy Code: 6402

The board affirms the State’s commitment to encouraging participation of historically underutilized businesses in the school system’s purchase of goods and services. The board of education prohibits discrimination against any person or business on the basis of race, color, ethnic origin, sex, disability or religion.

School System Good Faith Efforts

The board has adopted the following guidelines to ensure that school system staff will make good faith efforts to reach diverse suppliers of goods and services and to encourage participation in the school system’s purchasing progress by such suppliers. Employees responsibile for the purchasing function shall:

  1. make information about the school system’s purchasing procedures and bidding process readily available;
  2. advertise for bids in media that reach minority businesses;
  3. ensure access to bidding documents needed for making bids on projects;
  4. request directory information of businesses owned and controlled by minorities, women, persons with disabilities, and nonprofit work centers for the blind or severely disabled by contacting the Division of Purchase and Contracts at the State Department of Administration;
  5. sponsor or participate in purchasing seminars for all prospective vendors or, in particular, for minority-owned, female-owned, disabled-owned, disabled business enterprises, and non-profit work centers for the blind or severely disabled;
  6. provide information to HUBs on how to have a company name included on lists maintained by the Division of Purchase and Contracts at the State Department of Administration;
  7. prepare vendor lists in accordance with policy 6442, Vendor Lists; and
  8. where allowed by law, permit performance guarantees rather than performance bonds for contracts for goods and services.

Documentation and Reporting

The superintendent or his or her designee shall submit all legally required reports on the use of historically underutilized businesses and document the use of businesses qualifying as historically underutilized businesses as necessary to comply with applicable laws.


Legal References: City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989); G.S. 143-48, 143-128

Cross References: Vendor Lists (policy 6442), Participation by Minority Businesses (policy 9125)

Adopted: September 14, 2009

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