A.
Definitions and Certification.
1.
Definitions of Terms Used in this Article. The
District may promulgate regulations establishing
detailed definitions of the following
terms using, in addition to the criteria
set forth, such other criteria, as it
may deem desirable.
a. "Minority
person" means a United States
citizen who is economically and socially
disadvantaged.
(1) "Socially
disadvantaged individuals" mean
those individuals who have been subject
to racial or ethnic prejudice or
cultural bias because of their identification
as members of a certain group, without
regard to their individual qualities.
Such groups include but are not limited
to Black Americans, Hispanic Americans,
Native Americans (including American
Indians, Eskimos, Aleuts and Native
Hawaiians), Asian Pacific Americans,
Asians and women regardless of race
or origin.
(2) "Economically
disadvantaged individuals" means
those socially disadvantaged individuals
whose ability to compete in the free
enterprise system has been impaired
due to diminished capital and credit
opportunities as compared to others
in the same business area that are
not socially disadvantaged.
b.
A "socially and economically disadvantaged
small business" means any
small business concern:
(1)
is at least fifty-one percent owned
by one or more citizens of the United
States who are determined to be socially
and economically disadvantaged.(2)
In the case of a concern, which is
a corporation, fifty-one percent of
all classes of voting stock or such
corporation must be owned by an individual
determined to be socially and economically
disadvantaged.
(3)
In the case of a concern, which is
a partnership, fifty-one percent of
the partnership interest must be owned
by an individual or individuals determined
to be socially and economically disadvantaged
and whose management and daily business
operations are controlled by individuals
determined to be socially and economically
disadvantaged. Such individuals must
be involved in the daily management
and operations of the business concerned.
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B.
Assistance to Small/Women/Minority
Businesses
1.
Statement of Policy and Implementation.
a.
Statement of Policy. The Board
believes it is in the District's best
interest for small, women and minority
businesses to have the opportunity
to fully participate in the overall
procurement process of the District.
The Board, therefore, takes the leadership
role that will result in awarding contracts
and subcontracts to small/women/minority
business firms in order to enhance
small/women/minority capital ownership,
overall District and State economic
development and reduce dependency on
the part of small businesses, women
and minorities.
b.
Implementation. The Procurement
Officer and Buyers shall implement
this Code in accordance with the provisions
of Duties of the Procurement Officer.
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Duties of the Procurement Officer.
a.
Assistance from the Procurement Officer. The
Procurement Officer may provide appropriate
staff to assist minority businesses
in the interpretations of the regulations
developed pursuant to this Code.b.
Special Publications. The Procurement
Officer and Buyers in cooperation with
other appropriate private and state
agencies may issue supplementary instructions
designed to assist minority businesses
with the District procurement procedures.c.
Source Lists. Purchasing Services
shall maintain special source lists
of minority business firms detailing
the products and services, which they
provide. These lists shall be made
available to Purchasing Services personnel.
d.
Solicitation Mailing List. The
Procurement Officer and Buyers shall
include and identify certified, South
Carolina-based minority businesses
on the District's bidder's list and
shall ensure that these firms are solicited
on an equal basis.
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Regulations for Negotiation with District
and State Small/Women/Minority Firms.
a.
The District shall promulgate regulations
that designate such procurement contracts,
as it may deem appropriate for negotiation
with certified, South Carolina-based
small/women/minority firms. Among the
criteria that shall be used to determine
such designations are:
(1)
The total dollar value of procurement
in the District.(2) The availability
of South Carolina-based minority firms.(3)
The potential for breaking the contracts
into smaller units, where necessary,
to accommodate such firms.(4) Ensuring
that the District shall not be required
to sacrifice quality of goods or services.
(5)
Ensuring that the price shall have
been determined to be fair and reasonable,
and competitive both to the District
and to the contractor and results in
no loss to the District.
b.
Firms that subcontract with minority
firms may under specified circumstances
be eligible for a State income tax credit
equal to four percent of the payments
to minority subcontractors (not to exceed
$25,000 annually for a maximum of five
[six] consecutive years). See S.C.Code
Ann. § 11-35-5230 (Supp. 2000) and § 12-6-3350
(2000). Although the District believes
that contracts issued pursuant to this
Code qualify as "state contracts" for
the purposes of the aforementioned statutes
and income tax credit, taxpayers seeking
such credit are advised to seek competent
tax advice from a professional. Pursuant
to the statutes, subcontractors must
be certified as to the criteria of a
minority firm as defined in the South
Carolina Code and any regulations, which
may be promulgated there under.
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Small/Women/Minority Business Enterprise
(MBE) Utilization Plan. In
order to emphasize the use of small/women/minority
businesses, the District shall develop
a Small/Women/Business Minority Business
Enterprise (MBE) Utilization Plan.
The MBE Utilization Plan should include
but not be limited to:
a.
A policy statement expressing a commitment
by the District to use MBE's in all aspects
of procurement;b. The name of the coordinator
responsible for monitoring the MBE Utilization
Plan;c. Goals that include a reasonable
percentage of the District's total procurements
directed toward minority vendors;d. Solicitation
of qualified minority vendors, a current
list of which shall be supplied by the
Small and Minority Business Assistance
Office (SMBAO), in each commodity category
for which such minority vendor is qualified;e.
Procedures to be used when it is necessary
to divide total project requirements
into smaller tasks, which will permit,
increased MBE participation;
f.
Procedures to be used when the District
subcontracts the scope of service to
another governmental body. The responsible
governmental body may set goals for the
subcontractor in accordance with the
MBE goal and the responsible governmental
body may allow the subcontractor to present
a MBE Utilization Plan detailing its
procedure to obtain minority business
enterprise participation.
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Progress Payments and Letter of Credit.
a.
Progress Payments. The Executive
Director of Financial Services may
make special provisions for progress
payments as deemed reasonable to assist
minority businesses to carry out the
terms of a contract pursuant to regulations
which may be promulgated by the Board.
b.
Letter of Contract Award. When
a minority business firm certified
by the Department of Revenue and/or
Small and Minority Business Assistance
Office (SMBAO) receives a contract
with the District, the Procurement
Officer shall furnish a letter, upon
request, stating the dollar value and
duration of, and other information
about the contract, which may be used
by the minority firm in negotiating
lines of credit with lending institutions.
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6.
Report to the Board. The Superintendent
shall report annually in writing to
the Board concerning the number and
dollar value of contracts awarded to
eligible certified, South Carolina-based
minority businesses during the preceding
fiscal year. These records shall be
maintained to evaluate the progress
of this program.
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