Carolina Department of Transportation (hereinafter "Department") promulgates
these regulations to carry out the disadvantaged business enterprises program
mandated by Section
of the Code of Laws (1976), as amended (hereinafter "State DBE Program") and to
comply with the requirements of 49 CFR Part 26
regarding the disadvantaged
business enterprises program required by federal law and regulations
(hereinafter "Federal DBE Program").
In accordance with Section
the State DBE Program shall be applicable to total state source highway funds
expended in a fiscal year on highway, bridge and building construction, and
building renovation contracts.
State source highway funds" shall include all revenue generated by State law
for use by the South Carolina Department of Transportation (hereinafter the
"Department") for the construction and renovation of highways, bridges and
(2) "Expended in a
fiscal year" shall mean become legally obligated to expend within the fiscal
(3) "Contracts" shall mean
agreements to perform or furnish labor or materials made between the Department
and a contractor, after a solicitation for bids.
C. The Department shall ensure that not less
than ten percent (as allocated in Section
and (2) ) of the funds subject to the State
DBE Program are expended through direct contracts with Disadvantaged Business
Enterprises (hereinafter "DBEs"). However, this ten percent requirement is
subject to the counting provisions of Section
and (M). "Direct contracts" shall mean
contracts between the Department and DBEs acting as prime contractors. Direct
contracts with DBEs shall be achieved by limiting consideration of bids and
proposals on certain projects to those submitted by DBEs only. These shall be
known as "set aside" projects or contracts.
The Department, as a recipient of
federal-aid highway and federal transit funds, is required to implement a
Federal DBE Program in accordance with 49 CFR Part 26
. Therefore, the
Department incorporates herein by reference the provisions of 49 CFR Part 26
and specifically provides that its Federal DBE Program shall be carried out in
S.C. Code Regs.
Added by State Register
Volume 16, Issue No. 6, eff June 26, 1992. Amended by State Register Volume 24,
Issue No. 4, eff April 28, 2000.