South Carolina Minority Business Set-Asides: Status and What to Do

What happened

On December 3, 2025, South Carolina's governor signed Executive Order 2025-40, "Prohibiting Race-Based Discrimination in Government Contracting." It tells executive branch agencies not to discriminate "based on race in any procurement or contract matter." It halts new contracts "under either the Title 11 Race-Based Procurement Policy or the Title 12 Race-Based Procurement Policy." The order "is prospective only" and does not breach existing contracts. Agencies had until January 9, 2026 to report any other rule or practice that lets them consider race in contracting.

What it means for your bids

• New state agency contracts no longer use the minority business set-asides and goals under those Title 11 and Title 12 laws.
• Contracts signed before December 3, 2025 stay in place.
• The order does not say whether the state still issues minority business certificates. We could not confirm the certification office's current practice on an official page.
• The order does not mention women-owned or small business programs. Check each bid for what it asks.
• The order covers executive branch agencies. Cities, counties and school districts may run separate programs.

What to do now

1. Read the order on the Governor's executive orders page: https://governor.sc.gov/executive-branch/executive-orders (EO 2025-40).
2. Read each new state bid for any subcontracting or participation section. Do not assume the old minority goal applies.
3. If you hold a current contract that came with a minority business commitment, keep performing and keep your records.
4. Contact the Division of Small and Minority Business Contracting and Certification to ask whether your certificate is still used and when it expires.
5. Keep copies of your certificate and any letters about it.

Watch out for

• The state laws behind the set-asides were not repealed by the order. A future bill, order or court case could change the status again.
• The January 9, 2026 agency reports could lead to more policy changes. We have not seen a public summary.
• We could not reach the state certification office's website on October 4, 2026, so its contact details are not listed here.
• Help from the state office is free.

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Sources

• governor.sc.gov/executive-branch/executive-orders
• governor.sc.gov/sites/governor/files/Documents/Executive-Orders/2025-12-03%20FINAL%20
• scdailygazette.com/2025/12/03/sc-governor-halts-carve-outs-for-minority-owned-businesses

FindMyBids isn't affiliated with any certifying agency, and this isn't legal advice. Status can change quickly with court orders and new laws, so confirm with the program office before you rely on it.