Bill Summary for S 294 (2021-2022)

Summary date: 

Mar 31 2021
S.L. 2021-66

Bill Information:

View NCGA Bill Details2021
Senate Bill 294 (Local) Filed Thursday, March 11, 2021
AN ACT AUTHORIZING THE FAYETTEVILLE PUBLIC WORKS COMMISSION TO ESTABLISH A SMALL BUSINESS ENTERPRISE PROGRAM.
Intro. by deViere, Clark.

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Bill summary

Senate committee substitute to the 1st edition makes the following changes. Deletes the proposed changes to Chapter VIA of the Charter of the City of Fayetteville, set out in SL 1979-557, as amended, and replaces it with the following. Allows the Fayetteville Public Works Commission (Commission) to establish a race- and gender-neutral small business enterprise program to promote the development of small businesses in the Fayetteville Metropolitan Statistical Area and to enhance opportunities for small businesses to participate in Commission contracts. Allows small business enterprise to be defined as appropriate and consistent with the Commission's contracting practices. Allows the Commission to establish bid and proposal specifications that include subcontracting goals and good-faith effort requirements to enhance participation by small business enterprises in Commission contracts. Allows considering a bidder's efforts to comply with small business enterprise program requirements in its award of Commission contracts and allows refusal to award a contract if a bidder is determined to have failed to comply with the requirements. Specifies that the program supplements and does not replace the requirements of GS 143-128.2 (minority business participation goals), 143-131(b) (all public entities shall solicit minority participation in contracts for the erection, construction, alteration, or repair of any building awarded under the statute), or 143-135.5 (making it the policy of this state to encourage and promote the use of small, minority, physically handicapped, and women contractors in State construction projects). Gives precedence to any goals or efforts established to achieve veteran, minority, and women's business participation consistent with those same statutes over goals for small business enterprise participation established under this program. Deems a small business enterprise program established under this act as consistent with the State's public policy to promote and use small and underutilized business enterprises as set forth in those same specified statutes. Includes a severability clause.

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