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UNC �Y SCHOOL OF GOVERNMENT least 10 days prior to bid opening; and (iv) advertise the project through media outlets likely to inform HUBS of the opportunity to bid. Local governments also must report certain information regarding each building project to the NC Office for Historically Underutilized Businesses. [G.S. 143-128.2(e); G.S. 143-128.3] ii. Bidder good faith efforts obligations — The local government must require bidders to take certain actions to encourage HUB participation in their bids. 10 specific actions are listed in the statute. The NC Office for Historically Underutilized Businesses assigns points to be awarded for compliance with the statutory list. Each action can be assigned up to 10 points. No contractor can be required to earn more than 50 points. While bidders must make good faith efforts to solicit HUB participation, the level of minority participation in bidders' bids does not affect the contract award decision. The lowest responsive, responsible bidder standard of award still applies regardless of the level of minority participation. However, failure to submit required documents of good faith efforts renders the bid nonresponsive (see documentation requirements in subsection (3) below). [G.S. 143-128.2(f); 1 NCAC 301.0102] iii. Additional bidder documentation obligations — When submitting a bid, bidders must (i) identify on their bid the HUB businesses used on the project; and (ii) include an affidavit listing the bidder's good faith efforts to solicit HUB participation (these good faith efforts are described in subsection (ii) above) and the total dollar value of work to be performed by HUBs.18 Prior to contract award, the apparent low bidder must submit either (1) an affidavit describing the percentage of HUB work which is equal to orgreaterthan the local government's minority participation goal; or (2) documentation of the bidder's good faith efforts to meet the local government's HUB participation goal. Within 30 days after contract award, the winning bidder must submit a list of all subcontractors that will be used on the project. Failure to provide documentation of good faith efforts is grounds for rejecting the bid. [G.S. 143-128.2(c)] c. Building construction projects funded with state funds costing more than $100,000 — Local governments must have a 10% goal for HUB participation in the "total value' of the work.ls If the project costs between $100,000 and $300,000, HUB participation is solicited using informal bidding procedures (see 2a above) If the project costs $300,000 or more, more stringent HUB participation requirements apply (see 2b above) [G.S. 143-128.1(a)] .If a bidder proposes to perform the work with its own forces (employees), it can submit an affidavit to this effect in lieu of the HUB participation affidavit. . Local governments that adopted different goals prior to December 1, 2001, may continue to rely on those goals B the local government continues to have a justifiable basis. mber 1 \n 14 1 Construction Contracting Basic Legal Requirements Updated September 2013 F-9 Page 90