reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1400 - WAIVER OF COMPETITION › Section 05B .1402 - APPROVAL AND DOCUMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
Although competition may be waived pursuant to Rule .1401
					 of this Section, its use is required wherever practicable. Where waiver is
					 contemplated, agencies may negotiate with a potential vendor(s) in an effort to
					 acquire the quality of commodity, service or printing needed at the best
					 possible price, delivery, terms and conditions, when the expenditure is less
					 than their respective benchmark or delegation. A solicitation document
					 requesting or inviting an offer(s) shall be issued by the agency, including
					 standard language, terms and conditions issued by the Division of Purchase and
					 Contract. Under an emergency or pressing need situation, a solicitation
					 document requesting or inviting an offer(s) shall be issued by the agency,
					 including standard language, terms and conditions issued by the Division,
					 unless circumstances prohibit their use. Negotiations may also be conducted
					 with a potential vendor(s) for contracts exceeding an agency's benchmark or
					 delegation, but are subject to the conditions of Rule .1518 of this Subchapter,
					 except where otherwise permitted by rule.
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996; July 1, 1987;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1400 - WAIVER OF COMPETITION › Section 05B .1403 - REPEALED - DATA PROCESSING HARDWARE AND SOFTWARE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 July 1, 1987;
Repealed Eff. February 1,
					 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1501 - REPEALED - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-52;
					 143-53;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996;
Repealed Eff. October 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1502-.1503

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-52;
					 143-60;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Repealed
					 Eff. February 1, 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1504 - PAYMENT PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
Purchase contracts may provide for payment over a period of
					 time. Such instances, however, shall be fully justified, kept to a minimum and
					 carry written prior approval of the administrative head of the agency.
					 Administrative heads and governing board of agencies shall see that statutory
					 or other prohibitions are not violated. The intended plan of payment shall be
					 included in the procurement document.
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1505 - FUNDS FROM DIFFERENT SOURCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All public funds irrespective of source, whether special, federal, local,
				  gifts, bequests, receipts, fees, or State appropriated, used for the purchase,
				  rental, lease, installment purchase and lease/purchase of commodities, printing
				  and services shall be handled under the provisions of Article 3 of G.S. 143 and
				  in accordance with rules adopted pursuant thereto by the Division of Purchase
				  and Contract.
(b) Rules applying to
				  service, rental, lease, and printing contracts do not apply to local school
				  administrative units or community colleges.
Authority
					 G.S.
					 143-53;
					 143-60(5);
Eff. February 1, 1976;
Readopted Eff. February 27,
					 1979;
Amended Eff. April 1, 1999; February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1506 - CONDITIONAL GRANTS ETC IN PUBLIC PURCHASING

Current through Register Vol. 39, No. 2, July 15, 2024
Where a grant, donation or special discount is predicated
					 upon making a purchase from the grantor, the proposed transaction shall be
					 explained in writing and shall have prior approval of the SPO. Prior to
					 approval, the SPO shall consider the conditions placed on the grant, donation,
					 or special discount, and how they will affect the agency and the State, the
					 cost of agreeing to such conditions, and the market place conditions. When a
					 donation from private sources is predicated upon making the purchase or lease
					 from a specific source, the purchase or lease may be made without prior
					 approval of the SPO or Secretary.
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996; July 1, 1987;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1507 - CHANGE IN CORPORATE STRUCTURE

Current through Register Vol. 39, No. 2, July 15, 2024
Contracts following an award to a Vendor are not
					 instruments for sale and shall not be assigned. If a Vendor is involved in
					 corporate consolidations, acquisitions or mergers, the Purchasing Agency may
					 negotiate agreements for the transfer of contractual obligations and the
					 continuance of Contracts if the Purchasing Agency determines that it is in the
					 best interest of the State.
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996;
Readopted Eff. October 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1508 - PURCHASES FOR ACROSS THE COUNTER RESALE

Current through Register Vol. 39, No. 2, July 15, 2024
Purchases of items for "across the counter" resale are not
					 handled through the Division of Purchase and Contract. However, all purchases
					 of items for use by agencies, even if channeled through bookstores or other
					 internal supply sources, including stockrooms and warehouses, are to be in
					 accordance with rules adopted by the Secretary.
Authority
					 G.S.
					 143-53;
					 143-60(5);
Eff. February 1, 1976;
Readopted Eff. February 27,
					 1979;
Amended Eff. February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1509 - PURCHASING FROM OR THROUGH AGENCY EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
Every reasonable effort shall be made to avoid making
					 purchases from or through employees of any agency. Prior written approval from
					 the SPO is required in any instance which may develop of doing business with
					 such personnel. In deciding whether to grant approval, the SPO shall consider
					 the type item or service needed, the prevailing market conditions, whether
					 competition is available, the cost involved, and the effects of doing business
					 with the employee.
Authority
					 G.S.
					 143-53;
					 143-60(5);
Eff. February 1, 1976;
Readopted Eff. February 27,
					 1979;
Amended Eff. April 1, 1999; February 1, 1996; July 1,
					 1987;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1510 - REPEALED - USE OF PURCHASING POWER FOR PRIVATE GAIN

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-53;
					 143-58.1;
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff. April 1, 1999; February 1, 1996; July 1, 1987;
Repealed Eff. October 1, 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1511 - ANTICOMPETITIVE, DECEPTIVE, AND FRAUDULENT PRACTICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A Purchasing Agency shall act to prevent
				  the continuance of anticompetitive, deceptive, or fraudulent practices.
				  Anticompetitive practices include actions involving Vendors that restrain trade
				  or commerce or eliminate Competition.
(b) Anticompetitive, deceptive, or fraudulent
				  practices may be evidenced by one or more of the following:
(1) conspiracy in restraint of trade or
				  commerce;
(2) combination bidding
				  in restraint of trade or commerce;
(3) price fixing which may include reliance
				  upon an industry price list;
(4)
				  collusion;
(5) identical bidding;
				  or
(6) agreements to:
(A) rotate Offers;
(B) share the profits with a Vendor who is
				  not the low Vendor;
(C) sublet work
				  in advance of bidding as a means of preventing Competition;
(D) refrain from bidding;
(E) submit prearranged Offers;
(F) submit complementary Offers;
(G) set up territories to restrict
				  Competition;
(H) alternate bidding;
				  or
(I) any other unlawful act in
				  restraint of trade or commerce.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1512 - AVAILABILITY OF SERVICES TO CERTAIN NON-STATE AGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division of Purchase and Contract
				  shall make purchasing services available to certain non-State agencies as
				  defined by
				  G.S.
				  143-49 and
				  G.S.
				  143-49.1. This may be affected by budgetary
				  allowances for personnel, time and related costs.
(b) Where a non-State agency covered by this
				  provision elects to participate in a contract, its resulting contractual
				  duties, obligations and responsibilities shall be the same as those required
				  for agencies. Non-State agencies covered by this provision shall make payments
				  to suppliers in a timely manner and in accordance with the terms of the
				  contracts.
(c) As may be
				  practicable in terms of personnel, time and costs, the Division may offer its
				  services, in addition to purchasing and contracting, to non-State agencies with
				  respect to preparing specifications and contracts for services, inspecting and
				  testing of products, expediting deliveries and advising as to market
				  conditions.
Authority
					 G.S.
					 143-49(6);
					 143-49.1;
					 143-52;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996; July 1, 1987;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1513 - COOPERATIVE PURCHASING

Current through Register Vol. 39, No. 2, July 15, 2024
Where an agency is a participant in an authorized
					 cooperative project with another governmental activity or with a charitable
					 non-profit organization, goods and services necessary to the project shall be
					 acquired according to the rules of this Chapter; provided, however, that if the
					 interest of the State would be better served by one of the following
					 acquisition methods, the SPO may authorize that acquisition method to be
					 used:
(1) by making acquisition on
				  behalf of such governmental activity or charitable non-profit organization;
				  or
(2) by authorizing acquisition
				  on the State's behalf under the provisions of G.S. 143, Article 8; or
(3) by authorizing acquisition on the State's
				  behalf under the provisions of another State or another governmental entity,
				  provided due consideration is given by the SPO to the differences in purchasing
				  rules, regulations and procedures of the contracting entity.
Authority
					 G.S.
					 143-49;
					 143-53;
					 143-60;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996; July 1, 1987;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1514-.1515

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-49;
					 143-52;
					 143-53;
Eff. February
					 27, 1979;
Repealed Eff. June 1,
					 1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1516 - ADVERTISING

Current through Register Vol. 39, No. 2, July 15, 2024
No Vendor shall advertise or otherwise use any Contract for
					 marketing purposes. A Vendor may only include the State on a listing of
					 existing customers.
Authority
					 G.S.
					 143-53;
					 143-60;
Eff. February
					 1, 1996;
Readopted Eff. October 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1517 - REPEALED - GOODS REQUIRING IMMEDIATE ACCEPTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-49;
					 143-52;
Eff. February
					 1, 1996;
Repealed Eff. April 1,
					 1999.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1518 - EXPIRED - BOARD OF AWARD

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-53;
					 143-318.18(10);
Eff. February 1, 1996;
Amended Eff. April 1, 1999;
Expired Eff. August 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1519 - PROTEST PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When a Vendor
				  wants to protest a Contract awarded by a Purchasing Agency valued at less than
				  the amount set forth in
				  G.S.
				  143-53, the Purchasing Agency and Vendor
				  shall comply with the following:
(1) The
				  Vendor shall submit a written request for a protest meeting to the Agency's
				  executive officer or his or her designee within 30 calendar days from the date
				  of the Contract award. The executive officer shall furnish a copy of this
				  letter to the SPO within five calendar days of receipt. The Vendor's request
				  shall contain reasons why it has a concern with the award and any supporting
				  documentation. If the request does not contain this information, or if the
				  executive officer determines that the protest is meritless so that a meeting
				  would serve no purpose, then the executive officer may, within 10 calendar days
				  from the date of receipt of the request, respond in writing to the Vendor and
				  refuse the protest meeting request. A copy of the executive officer's decision
				  letter shall be forwarded to the SPO.
(2) If the protest meeting is granted, the
				  executive officer shall schedule the meeting within 30 calendar days after
				  receipt of the request, unless mutually agreed. Within 10 calendar days from
				  the date of the protest meeting, the executive officer shall respond to the
				  Vendor in writing with the executive officer's decision and appeal rights under
				  Article 3 of G.S. 150B. A copy of the executive officer's decision letter shall
				  be forwarded to the SPO.
(3) The
				  Purchasing Agency shall notify the SPO in writing of any further administrative
				  or judicial review of the Contract award.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1520 - DEBARMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purpose
				  of this Rule, "debarred" or "debarment" means a Vendor shall not be entitled to
				  enter into a Contract for Goods or Services and shall be removed from any
				  distribution lists which may be utilized by the Division.
(b) A Vendor shall be debarred pursuant to
				  G.S.
				  143-59.2 if the Vendor or any officer,
				  director or owner is convicted of any violation under G.S. 78A, the Securities
				  Act of 1933 or the Securities Exchange Act of 1934.
(c) A Vendor may be debarred by the SPO upon
				  a finding of fraud, misrepresentation, or other deceptive acts or practices
				  while doing business with a State agency during an audit by the State Auditor
				  in accordance with
				  G.S.
				  147-64.6(c)(21) or after an
				  internal audit by an internal auditor in accordance with
				  G.S.
				  143-746(f). After a finding
				  by the State Auditor or internal auditor, the SPO's determination to debar a
				  Vendor shall be based on the following factors:
(1) the severity of the conduct identified in
				  the findings and any recommended actions by the State Auditor or internal
				  auditor; and
(2) a Vendor's history
				  of performance on one or more contracts.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1521 - FAITHFUL PERFORMANCE

Current through Register Vol. 39, No. 2, July 15, 2024
A Solicitation and Contract may include terms ensuring a
					 Vendor's performance such as:
(1) a
				  bond, or similar assurance;
(2)
				  liquidated damages;
(3) a
				  percentage of the Contract value held as a retainage;
(4) withholding final payment contingent on
				  acceptance of the final deliverable; and
(5) any other provision that assures
				  performance of the Vendor.
Authority
					 G.S.
					 143-52;
					 143-53;
Eff. February
					 1, 1996;
Amended Eff. April 1, 1999;
Readopted Eff.
					 October 1, 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1522 - RECIPROCAL PREFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  Solicitation used to obtain contracts for Goods and Services that exceed
				  thresholds mandated in
				  G.S.
				  143-59(b) shall include
				  space for a bidder to give their principal place of business address if it is
				  different than the address given in the execution section of the Solicitation.
				  This shall not prevent the Purchasing Agency that issued the Solicitation from
				  investigating this information and concluding that the principal place of
				  business is different, as defined by
				  G.S.
				  143-59(c).
(b) A reciprocal preference shall not be used
				  when Procurements are exempted under
				  G.S.
				  143-59(d).
Authority
					 G.S.
					 143-59;
Temporary Adoption Eff.
					 January 14, 2002;
Eff. April 1, 2003;
Readopted Eff.
					 October 1, 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1500 - MISCELLANEOUS PROVISIONS › Section 05B .1523 - PROCUREMENT CARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Procurement
				  cards (organizational charge cards) are for official use only and shall be used
				  in accordance with this Section and with the statewide contract established and
				  maintained by the Division of Purchase and Contract. Use of procurement cards
				  by any agency is contingent on satisfactory compliance review, as determined by
				  the Division of Purchase and Contract. As the State's electronic procurement
				  system is implemented, it shall be used to the fullest extent possible,
				  including issuance of purchase orders. Procurement cards may be used as a
				  payment mechanism within e-procurement if permitted by fiscal policies of the
				  agency.
(b) Procurement card
				  transactions processed through the State's electronic procurement system,
				  utilizing the card as a payment mechanism within electronic workflow and
				  approval processes, may be in any amount consistent with agency fiscal
				  policies.
(c) For procurement card
				  transactions processed outside the State's electronic procurement system, the
				  per-transaction limit shall be two thousand five hundred dollars ($2,500.00).
				  This limit may be changed only under the following circumstances:
(1) In an emergency (as defined by
				  01 NCAC
				  05B .1602 or Governor's declaration), the
				  agency card program administrator may request higher limits on cards in
				  critical areas. Such increases shall be in effect no longer than the duration
				  of the emergency. Requests for increased limits are to be made through the
				  Division of Purchase and Contract if time permits and must be reported to
				  Purchase and Contract in any case.
(2) Agencies may apply to the SPO for higher
				  limits on specific types of transactions, with justification
				  required.
(3) The SPO may adjust
				  limits based on analysis of the procurement card program's results, on a
				  statewide or agency basis, after taking into consideration current market
				  trends, the economy, and recommendations received from the State Controller and
				  the State Auditor.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1600 - EXEMPTIONS, EMERGENCIES AND SPECIAL DELEGATIONS › Section 05B .1601 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as
				  provided in Paragraph (c) of this Rule, it is not mandatory for the items and
				  services listed in this Rule to be purchased through the Division of Purchase
				  and Contract.
(1) purchase of
				  liquor;
(2) perishable articles
				  such as fresh meats;
(3) published
				  books, manuscripts, subscriptions to printed material, packaged copyrighted
				  software products, and like material;
(4) services provided by individuals by
				  direct employment contracts with the State;
(5) public utility services (gas, water and
				  electricity);
(6) telephone,
				  telegraph and cable services furnished by those companies;
(7) services provided which are subject to
				  published tariff rates as established by the North Carolina Utilities
				  Commission;
(8) services which are
				  merely incidental to the purchase of supplies, materials or equipment such as
				  installation services;
(9)
				  contracts for construction of and structural changes to public
				  buildings;
(10) personal services
				  provided by a professional individual (person) on a temporary or occasional
				  basis, including (by way of illustration, not limitation) those provided by a
				  doctor, dentist, attorney, architect, professional engineer, scientist or
				  performer of the fine arts and similar professions; the exemption applies only
				  if the individual is using his/her professional skills to perform a
				  professional task; a personal service may also be a consulting
				  service;
(11) services provided
				  directly by an agency of the State, federal or local government, or their
				  employees when performing the service as a part of their normal governmental
				  function.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1600 - EXEMPTIONS, EMERGENCIES AND SPECIAL DELEGATIONS › Section 05B .1602 - EMERGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An agency may
				  make purchases of commodities, printing or services in the open market in cases
				  of emergency or pressing need. For this purpose, a pressing need is one arising
				  from unforeseen causes including, but not limited to, delay by contractors,
				  delay in transportation, breakdown in machinery, or unanticipated volume of
				  work while emergencies are defined as situations which endanger lives, property
				  or the continuation of a vital program and which can be rectified only by
				  immediate, on-the-spot purchases or rental of commodities, printing or
				  services.
(b) Agencies may
				  negotiate with a potential vendor(s) in an effort to acquire the quality of
				  commodity, service or printing needed at the best possible price, delivery,
				  terms and conditions. A solicitation document requesting or inviting an
				  offer(s) shall be issued, including standard language, terms and conditions
				  issued by the Division of Purchase and Contract, unless circumstances prohibit
				  their use.
(c) When emergency or
				  pressing need action is necessary, and the expenditure is over the agency's
				  benchmark or delegation, prior verbal approval shall be obtained from the
				  Division if time permits. Subsequently, whether or not such prior approval was
				  possible, if the expenditure is over the agency's benchmark or delegation, an
				  explanation of the emergency or pressing need purchase shall be reported in
				  writing to the Division. The Division shall report such purchases of
				  commodities and printing to the Board as a matter of record.
Authority
					 G.S.
					 143-53;
					 143-57;
					 143-60;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1600 - EXEMPTIONS, EMERGENCIES AND SPECIAL DELEGATIONS › Section 05B .1603 - SPECIAL DELEGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The SPO may
				  authorize, by special delegation, any agency to purchase specific commodities,
				  printing or services without limitation as to expenditure. Such delegation is
				  normally confined, but not limited to, commodities, printing or services which
				  by their nature or circumstance, such as perishableness, transportation costs,
				  local conditions or local availability, would result in handling by the
				  Division of Purchase and Contract serving no practical purpose. Every such
				  delegation shall be in writing and made a matter of record.
(b) The SPO may require that offers received
				  under such delegations be sent to the Division for determination of the
				  successful vendor.
(c) The Division
				  shall periodically review its special delegations of purchase to ascertain the
				  availability of these commodities, printing or services and their continued
				  suitability for delegation.
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996; July 1, 1987;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1600 - EXEMPTIONS, EMERGENCIES AND SPECIAL DELEGATIONS › Section 05B .1604 - REPEALED - GENERAL DELEGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-53;
Temporary Adoption Eff.
					 February 15, 1998;
Eff. April 1, 1999;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Repealed Eff. March
					 1, 2022.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1600 - EXEMPTIONS, EMERGENCIES AND SPECIAL DELEGATIONS › Section 05B .1605 - COMPLIANCE REVIEWS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division of
				  Purchase and Contract shall conduct compliance reviews on purchasing practices
				  at all agencies. The purpose of the compliance review shall be for determining
				  if an agency is complying with North Carolina's purchasing statutes and rules
				  adopted thereunder, and whether it should continue having the same level of
				  delegation, have it reduced, or if it qualifies for an increase. A copy of the
				  compliance report shall be provided to the agency's executive officer, the
				  State Auditor, the State Budget Officer, the local school administrative unit's
				  Board, any of which are applicable.
(b) The Division's staff may enter the
				  premises and obtain an agency's purchasing records for the purpose of the
				  compliance review. The agency shall cooperate with the Division's staff,
				  providing them with requested records, adequate office space for conducting the
				  review, and agency purchasing staff for discussion of purchase transactions.
				  The Division shall not unnecessarily require of the agency any more than is
				  needed to complete the review.
(c)
				  The SPO may lower, or raise if requested, an agency's (excluding the
				  universities) general delegation, if the results of a compliance review by the
				  compliance staff of the Division merit such action as determined by the SPO.
				  The SPO may lower the delegation to any level, including the complete removal
				  of the delegation, depending on the nature of any violations found. The SPO
				  shall report to the University's Board of Governors the results of any
				  compliance review conducted at any of the universities, and shall provide to
				  them the SPO's recommendation, based on those results, on what that
				  university's benchmark should be.
(d) The SPO shall provide to each agency,
				  upon request, the Division's assistance in educational training for the
				  agency's staff, to better acquaint them with the purchasing statutes and
				  rules.
Authority
					 G.S.
					 143-53;
Eff. April 1,
					 1999;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1700 - PURCHASES FROM NORTH CAROLINA DEPARTMENT OF CORRECTION › Section 05B .1701-.1703

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 148-70;
					 143-53(11);
Eff. February 1, 1976;
Readopted Eff. February 27,
					 1979;
Repealed Eff. February 1,
					 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1800 - INVENTORIES AND STORES › Section 05B .1801 - REPEALED - SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-49(4);
					 143-60;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Repealed
					 Eff. June 1, 1987.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1800 - INVENTORIES AND STORES › Section 05B .1802 - REPEALED - PERSONAL PROPERTY INVENTORY PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-49(4);
					 143-60;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Repealed
					 Eff. June 1, 1987.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1800 - INVENTORIES AND STORES › Section 05B .1803 - SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of Purchase and Contract has responsibility
					 for general supervision of storerooms and stores operated by state government,
					 for supervision of inventories of tangible personal property belonging to state
					 government and for reports by them of stocks on hand.
Authority
					 G.S.
					 143-49(4);
					 143-60;
Eff. February
					 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1800 - INVENTORIES AND STORES › Section 05B .1804 - PERSONAL PROPERTY INVENTORY PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
State agencies with centralized warehouse facilities, shall
					 have inventory control procedures in place which insure at a minimum, written
					 inventory count of contents, written records of receipts and issues, economical
					 ordering and efficient level of inventories, safe storage of hazardous
					 materials, and security.
Authority
					 G.S.
					 143-49(4);
					 143-60;
Eff. February
					 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1900 - RECORDS OF THE DIVISION OF PURCHASE AND CONTRACT › Section 05B .1901 - RECORD MAINTENANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Except where State law provides to the contrary, after the
					 award of a contract, the purchasing records of an agency are public documents,
					 and these documents shall be maintained for a period of five years after the
					 expiration date of the contract.
Authority
					 G.S.
					 143-53;
					 143B-10(f);
Eff. February 1, 1976;
Readopted Eff. February 27,
					 1979;
Amended Eff. April 1, 1999; February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1900 - RECORDS OF THE DIVISION OF PURCHASE AND CONTRACT › Section 05B .1902 - REPEALED - REQUISITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(f);
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Repealed Eff. June 1, 1987.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1900 - RECORDS OF THE DIVISION OF PURCHASE AND CONTRACT › Section 05B .1903 - FILES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each contract file shall be identified
				  individually so it can be readily located and referenced.
(b) All purchase transactions shall be
				  documented. As applicable, each file shall include:
(1) Original offers if in writing, or written
				  documentation of verbal offers received;
(2) Reasons for award or
				  cancellation;
(3)
				  Worksheets/evaluations;
(4) Mailing
				  list, if used;
(5) Written
				  justification for waiver or emergency purchase:
(6) Tabulation of offers received;
(7) Copy of purchase order(s);
(8) Related correspondence;
(9) Reason(s) for receiving only one offer in
				  response to a solicitation;
(10)
				  Negotiated contracts; and
(11)
				  Reasons for not accepting technical proposals.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1900 - RECORDS OF THE DIVISION OF PURCHASE AND CONTRACT › Section 05B .1904-.1905

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(f);
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Repealed Eff. June 1, 1987.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1900 - RECORDS OF THE DIVISION OF PURCHASE AND CONTRACT › Section 05B .1906-.1907

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(f);
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff. February 1, 1996;
Temporary Repeal Eff. February 15,
					 1998 (1
					 NCAC 05B .1906);
Repealed Eff.
					 April 1, 1999.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1900 - RECORDS OF THE DIVISION OF PURCHASE AND CONTRACT › Section 05B .1908 - REPEALED - PURCHASE ORDERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(f);
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Repealed Eff. June 1, 1987.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1900 - RECORDS OF THE DIVISION OF PURCHASE AND CONTRACT › Section 05B .1909 - REPEALED - CANVASSING BID FILES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(f);
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff. February 1, 1996;
Repealed Eff. April 1,
					 1999.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .2000 - FORMS USED BY THE DIVISION OF PURCHASE AND CONTRACT › Section 05B .2001-.2013

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-11;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Repealed Eff.
					 June 1, 1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .2000 - FORMS USED BY THE DIVISION OF PURCHASE AND CONTRACT › Section 05B .2014 - REPEALED - CHANGE ORDER: FORM PC 36

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-11;
Eff. February 27,
					 1979;
Repealed Eff. June 1, 1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter C - SURPLUS PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
Note from Codifier: The rules in
				  01 NCAC
				  05C were transferred to
				  01 NCAC
				  43B by request of the agency effective
				  November 26, 2012.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter D - CONSULTANT CONTRACTS › Section .0100 - CONSULTANTS › Section 05D .0101 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The Rules in this Section and Section .0200 are applicable
					 to all agencies except local school administrative units and Community
					 Colleges.
The Rules in this Section and Section .0200 do not apply to
					 contracts for attorneys employed by the North Carolina Department of Justice or
					 by other agencies of state government pursuant to the provisions of
					 G.S.147-17, to contracts for
					 physicians or doctors providing direct medical care for the clientele of any
					 state agency, to contracts entered into by the General Assembly or its special
					 study commissions, to contracts entered into by the Institute of Government to
					 provide or obtain consulting or advisory services, to contracts to provide
					 services without compensation to the provider of the services or to his
					 employing agency or to contracts entered into by a state agency pursuant to
					 specific statutory authority which provides, in the opinion of the Governor or
					 designee, a specific alternative procedure for the selection and award of such
					 contracts.
Authority
					 G.S.
					 143-64.24;
					 147-17;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter D - CONSULTANT CONTRACTS › Section .0100 - CONSULTANTS › Section 05D .0102 - DEFINITION

Current through Register Vol. 39, No. 2, July 15, 2024
Consultant services shall mean work or task(s) performed by
					 State employees or independent contractors possessing specialized knowledge,
					 experience, expertise and professional qualifications to investigate assigned
					 problems or projects and to provide counsel, review, analysis or advice in
					 formulating or implementing improvements in programs or services. This includes
					 but is not limited to the organization, planning, directing, control,
					 evaluation and operation of a program, agency or department.
Authority
					 G.S.
					 143-64.21;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter D - CONSULTANT CONTRACTS › Section .0200 - CONTRACTING PROCEDURE FOR CONSULTANTS › Section 05D .0201 - GENERAL STATEMENT OF POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
State agencies shall acquire consultive services only when
					 the contract is in the best interests of the State. In acquiring such services,
					 competition shall be sought whenever practicable as determined by the Division
					 of Purchase and Contract. No agency which is subject to the provisions of this
					 Subchapter may contract for services of a consultant nature except in
					 accordance with the provisions of this Subchapter.
Authority
					 G.S.
					 143-64.21;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter D - CONSULTANT CONTRACTS › Section .0200 - CONTRACTING PROCEDURE FOR CONSULTANTS › Section 05D .0202 - CONSULTING CONTRACTS WITH OTHER AGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever possible consultant services shall be obtained
					 from other agencies when the services available from other agencies
					 substantially meet the reasonable specifications of the requesting
					 agency.
Authority
					 G.S.
					 143-64.22;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter D - CONSULTANT CONTRACTS › Section .0200 - CONTRACTING PROCEDURE FOR CONSULTANTS › Section 05D .0203 - REQUESTS FOR AUTHORITY TO CONTRACT WITH CONSULTANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Before receiving authorization to seek consultant services,
					 an agency shall submit to the Division of Purchase and Contract written
					 justification for its request for consultant services. This written
					 justification shall at a minimum explain what services the agency desires to
					 secure, why the work to be performed by the consultant cannot be reasonably
					 accomplished by employees of the requesting agency, how the work to be
					 performed relates to the proper functions of the agency, what benefits the
					 agency expects to receive from the consultant's services, what the agency
					 estimates to be the cost of the services sought, and what potential sources of
					 consultant services if any the agency has identified. If the agency is
					 requesting authority to contract for consulting services outside of State
					 government, it shall also detail what potential sources of those services exist
					 within State government and explain why the desired services were not available
					 from those sources. The written justification shall be accompanied by a letter
					 of endorsement for the proposed contract(s) from the agency head or his
					 designee.
Authority
					 G.S.
					 143-64.21;
					 143-64.22;
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff. February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.