(a)

1. (1) Grantees procuring goods or services using ACEDP grant funds must take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms listed as relevant vendors by the Arkansas Economic Development Commission are used when possible.

2. (2) Affirmative steps include:

   1. (A) Before requesting or advertising for bids, grantees must advise the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission of the project, the bid date, and where to obtain bid specifications in order to allow that office to notify small and minority businesses and women’s business enterprises that are potential sources;
   2. (B) Grantees must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises;
   3. (C) Grantees must establish delivery schedules, where the requirement permits, that encourage participation by small and minority businesses and women's business enterprises; and
   4. (D) Grantees must specifically require the prime contractor to take all of these same affirmative steps whenever letting a subcontract.

(b)

1. (1) Grantees are responsible for advising contractors of their equal opportunity responsibilities, particularly at the preconstruction conference, and for maintaining equal opportunity compliance documentation.
2. (2) Equal opportunity provisions must be included in all bid packages and construction contracts.
3. (3) Specific language and sample bid packages are available from the Arkansas Natural Resources Commission upon request.

(c)

1. (1) Grantees may award only fixed-price or cost-reimbursement contracts using ACEDP grant funds.
2. (2) Cost-plus contracts are not acceptable.