NOTE: This provision of law was included in the Unconstitutional Statutes Biennial Report to the Legislature, dated March 14, 2016.

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           A. Each state agency and educational institution shall:

           (1) Formulate a plan for setting aside contracts for award to minority-owned businesses and to women’s business enterprises in a total dollar amount sufficient to attain its overall annual goals in the procurement of goods and services. The plan shall be filed with the division by August fourteenth of each year.

           (2) File reports on a quarterly basis detailing the monetary value of contracts awarded and the amount of money disbursed and the percentage awarded and paid. The reports shall be in the form prescribed by the division.

           (3) Seek to attain its overall annual goals in good faith.

           B. The annual set-aside plan prepared by each state agency or educational institution shall include the following:

           (1) An affirmation that the state agency or educational institution is committed to use enterprises to the maximum extent possible.

           (2) The method the state agency or educational institution will use to encourage enterprise participation in the public works and procurement contracting process.

           (3) The method the state agency or educational institution will use to achieve the overall annual goals.

           (4) A forecast of the contracts to be set aside for award by the state agency or educational institution to minority-owned businesses and to women’s business enterprises, including estimates of the probable monetary value involved, if known, the number and type of contracts to be awarded to each, and the expected solicitation dates.

           (5) A statement of the participation requirements for a minority business enterprise and the participation requirements for a women’s business enterprise in each contract or class of contracts.

           (6) A statement of the method by which records of enterprises participation in the contracting records* will be kept.

           (7) A description of the method the state agency or educational institution will use to require compliance by bidders for its contracts with the applicable enterprise participation requirements.

           C. If any state agency or educational institution fails to submit a plan, the governor, through the division of administration, shall formulate a plan for that state agency or educational institution.

           Acts 1984, No. 653, §1, eff. July 1, 1984; Acts 1986, No. 394, §1; Acts 1987, No. 916, §1; Acts 1992, No. 797, §2, eff. July 1, 1992.

           *As appears in enrolled Act.