reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 06B .0314 - ADVERTISEMENT AND NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Requirement
				  to Advertise, Publish and Notify:
(1)
				  Solicitations: To maintain transparency and encourage competition for award of
				  business, the purchasing agency shall advertise and publish solicitations for
				  purchases exceeding the general delegation as established by the State CIO for
				  no less than 10 calendar days, unless the State CIO waives the requirement for
				  advertising;
(2) Addenda or
				  Changes: Any changes or addenda to a solicitation must be advertised and
				  published with enough time to allow for reasonable consideration and possible
				  incorporation of any changes into potentially competing vendors' response
				  offers. Any changes or addenda to a solicitation must be advertised and
				  published for no less than two business days from the scheduled offer due and
				  opening date, unless the State CIO waives the requirement to advertise and
				  publish changes or addenda to a solicitation;
(3) Notices of Award: To maintain
				  transparency and promote future competitiveness, the notice of award shall be
				  advertised for no less than 30 calendar days, unless the State CIO waives the
				  requirement to advertise, publish, and issue a notice of award;
(4) Waiver of requirement to advertise and
				  notify must fall under one of the following conditions in order for the State
				  CIO to waive the requirement:
(A) Acquisition
				  of commodities or services that are subject to rapid price fluctuations or
				  immediate acceptance;
(B) Emergency
				  situations or pressing needs;
(C)
				  Acquisition of goods or services needed for any ongoing job, task, or
				  project;
(D) Acquisition of goods
				  or services where performance or price competition is not available;
(E) Any determination that no useful purpose
				  would be served by requiring such; or
(F) Exceptions identified under Rule .1303 of
				  this Subchapter.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 06B .0315 - MANDATORY CONFERENCES/SITE VISITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When a
				  solicitation requires potential offerors to attend a mandatory conference or
				  site visit, then the date, time, location, and other details relating to
				  attendance shall be given in the solicitation document and in the
				  advertisement.
(b) If only one
				  potential offeror attends the mandatory conference or mandatory site visit, the
				  conference or site visit may be conducted, but the purchasing agency shall
				  endeavor to ascertain why only one potential offeror attended, and whether
				  there is any competition available. If it is determined that competition is
				  available, the purchasing agency may schedule another conference or site visit,
				  if deemed to be to the advantage of the State. If it is determined that there
				  is no competition available, then the procurement may be handled as a waiver of
				  competition as permitted by Rule .0901 of this Subchapter.
(c) The purchasing agency shall document
				  details of the conference or site visit as part of the official records
				  required in Rule .1402 of this Subchapter.
(d) Any and all questions or clarifications
				  by a potential offeror regarding a solicitation document shall be addressed to
				  the purchasing agency contact so designated in the solicitation. Any and all
				  revisions to the solicitation document shall be made only by published addendum
				  from the purchasing agency.
Authority
					 G.S.
					 143B-1233(c);
					 143B-1350;
Temporary
					 Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Amended Eff. September 1, 2013;
Readopted Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 06B .0316 - NEGOTIATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purchasing
				  agency shall conduct negotiations under its general delegation. Negotiations
				  may also be conducted to establish contracts exceeding the purchasing agency's
				  delegation, if the purchasing agency receives prior approval to negotiate from
				  the State CIO as permitted by these Rules. Prior approval may be granted upon
				  finding that the capabilities and subject matter knowledge of the agency,
				  availability of knowledgeable personnel within the agency or DIT, use of
				  non-state personnel, and costs of engaging additional resources demonstrate
				  that the agency's negotiation will be more responsive, efficient, and
				  cost-effective consistent with the requirements of best value
				  procurement.
(b) If a purchasing
				  agency deems negotiations to be advantageous to the State after receiving
				  offers and then determines that soliciting offers again would serve no purpose,
				  the purchasing agency may then conduct negotiations with sources of supply that
				  appear to be capable of satisfying the purchasing agency's business needs. The
				  purchasing agency's negotiation documentation shall include identification of
				  issues or subjects of negotiation, the agency's risk assessment therefor, trade
				  off principles as permitted by
				  G.S.
				  143-135.9, and other matters directly arising
				  from the solicitation or offer. Negotiations shall be finalized in writing and
				  shall include standard solicitation document language and terms and conditions
				  issued by DIT, or such terms as may be established pursuant to Paragraphs (c)
				  or (d) of this Rule. If the purchasing agency's negotiations are conducted with
				  only one offeror, or if only one offeror responds to a request to negotiate,
				  then the purchasing agency shall document the reasons for the lack of
				  competition as part of the procurement record under Rule .1402 of this
				  Subchapter.
(c) Purchasing agency
				  negotiations may be conducted under Section .0900 of this Subchapter when
				  conditions merit a limited or waiver of competition or in other situations that
				  are advantageous to the State as determined by the State CIO.
(d) Modifications, waivers, or any other
				  changes or amendments to a solicitation, including language and terms and
				  conditions issued by the State CIO, made in the course of negotiations must be
				  accompanied by:
(1) Approval of the
				  negotiating agency;
(2) Requested
				  approval from DIT;
(3) Appropriate
				  evaluation documentation reflecting trade-offs between price and non-price
				  factors; and
(4) Such other
				  documentation as the State CIO may require to conform with Rule .1402 of this
				  Subchapter.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0400 - REJECTION OF OFFERS › Section 06B .0401 - REJECTION OF OFFERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Bases for
				  rejection of an offer shall include, late offers; the purchasing agency's
				  determination that the offer is unsatisfactory as to quantity, quality,
				  delivery, price or service offered; the offeror's failure to comply with the
				  intent or conditions of the solicitation document; the lack of competitiveness
				  due to collusion or due to the knowledge that reasonably available competition
				  was not received; error(s) in specifications or indication that revision(s)
				  would be to the State's advantage; cancellation of, or changes in, the intended
				  project or other determination that the commodity or service is no longer
				  needed; limitation or lack of available funds; circumstances that prevent
				  determination of the lowest priced or highest qualified technically acceptable
				  offer or the best value offer; or any determination that rejection would be in
				  the best interest of the State.
(b)
				  Unsigned offers shall be rejected by the purchasing agency.
(c) The purchasing agency shall reject late
				  offers and shall not consider modification of offers or withdrawals of offers
				  unless these would have been timely except for the action or inaction of the
				  agency personnel serving the procurement process.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0400 - REJECTION OF OFFERS › Section 06B .0402-.0403

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 147-33.103(b);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Repealed Eff. September 1,
					 2013.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0400 - REJECTION OF OFFERS › Section 06B .0404 - NOTICE OF REJECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purchasing
				  agency shall not be required to provide notice of rejection of offers prior to
				  approval and award of a contract.
(b) When a competitive range is established
				  by the purchasing agency's evaluation committee, and offers are not included in
				  such range, the purchasing agency may provide notice to an offeror that its
				  offer is excluded, consistent with this Rule and as established in the
				  solicitation.
(c) The purchasing
				  agency may grant requests for debriefings as provided herein, consistent with
				  this Rule and as may be established in solicitation documents.
Authority
					 G.S.
					 147-33.76(b1);
Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0400 - REJECTION OF OFFERS › Section 06B .0405 - DEBRIEFING OFFERORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pre- or
				  post-award-debriefings of successful and unsuccessful offerors may be completed
				  by personal meeting or by written or electronic communication (e.g., telephone,
				  email, etc.).
(b) Debriefing shall
				  not include point-by-point comparisons of the debriefed offeror's proposal with
				  those of other offerors. Moreover, debriefing shall not reveal any information
				  not then available for public inspection or properly designated as confidential
				  in accordance with Rule .1001 of this Subchapter, the N.C. Public Records Law,
				  or any other applicable laws.
(c)
				  If debriefing is authorized by terms of the solicitation:
(1) The purchasing agency shall implement the
				  debriefing process as follows;
(A) Include an
				  official summary of the debriefing in the record, per Rule .1402 of this
				  Subchapter, by the protest-period due-date;
(B) Schedule a debriefing within five
				  business days after receipt of an offeror's written request for a
				  debriefing;
(C) If requested, grant
				  at its discretion, rejected offeror(s) a delayed debriefing for any good cause
				  shown;
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0500 - INSPECTION AND TESTING › Section 06B .0501 - RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The purchasing agency shall inspect all materials,
					 supplies, and equipment upon delivery to verify compliance with the contract
					 requirements and specifications. The purchasing agency shall also be
					 responsible for verifying that services as provided comply with the terms of
					 the contract.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0500 - INSPECTION AND TESTING › Section 06B .0502 - INSPECTION

Current through Register Vol. 39, No. 2, July 15, 2024
The State CIO may inspect any items, or deliverables or
					 monitor performance to ensure that contractor compliance with contract
					 specifications and terms are met. The purchasing agency must ensure that goods
					 or services purchased comply with applicable codes, statutes, local ordinances,
					 policies and safety requirements.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0500 - INSPECTION AND TESTING › Section 06B .0503 - SAMPLES

Current through Register Vol. 39, No. 2, July 15, 2024
When samples are required in response to a solicitation
					 document, the purchasing agency may test those samples or have them tested at
					 other state or private sector testing facilities. Samples shall not be sent to
					 laboratories outside an agency unless it is determined by an agency that these
					 facilities have the capability, time, and expertise needed.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0500 - INSPECTION AND TESTING › Section 06B .0504 - MODIFICATIONS TO CONTRACT SPECIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
When the purchasing agency determines it to be in the
					 State's best interest, it may authorize revisions to a contract specification,
					 including any cost adjustment associated with any such revision, as part of
					 contract administration. If an increase in cost results in the total contract
					 value being more than the purchasing agency's delegation, then the purchasing
					 agency shall obtain prior written approval for a special delegation from ITS
					 pursuant to Rule 06B .1304, regardless of what agency initially awarded the
					 contract.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0500 - INSPECTION AND TESTING › Section 06B .0505 - REPORT OF DISCREPANCY

Current through Register Vol. 39, No. 2, July 15, 2024
Where delivered goods or services fail to meet the
					 specifications or contract requirements, the discrepancy shall be resolved by
					 the purchasing agency.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0600 - GUARANTEES AND WARRANTIES › Section 06B .0601 - ENFORCEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The purchasing agency shall enforce the contractual
					 guarantee or warranty applying to the goods or services
					 purchased.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0600 - GUARANTEES AND WARRANTIES › Section 06B .0602 - REPORT TO ITS

Current through Register Vol. 39, No. 2, July 15, 2024
The purchasing agency shall report to the State CIO any
					 difficulties in obtaining satisfactory performance including service as
					 provided in a guarantee or warranty.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0600 - GUARANTEES AND WARRANTIES › Section 06B .0603 - RESPONSIBILITY OF PURCHASING AGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
The purchasing agency must notify the vendor when latent or
					 other defects are discovered. In the event the vendor fails to remedy the
					 condition reported, the purchasing agency shall report the matter to
					 ITS.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0700 - CONTRACTS › Section 06B .0701 - CONTRACTS ESTABLISHED BY DIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  determining whether a good or service will be included in an agency specific
				  contract, the agency and the State CIO shall consider available statewide term
				  and convenience contracts and such factors as volume, whether the good or
				  service is necessary for an IT project, nature of the good or service,
				  repetitiveness of use, relative stability of prices, and delivery or
				  transportation costs.
(b) Term
				  Contracts.
(1) A "term contract" is a binding
				  agreement between the purchaser and seller to buy and sell IT goods or services
				  for a specific period of time at prices established by contract;
(2) A statewide term contract consolidates
				  normal, anticipated requirements of all State purchasing agencies into one
				  agreement and shall be awarded by the State CIO. No agency may purchase IT
				  goods or services included in a statewide term contract from any other source
				  unless authorized by the State CIO;
(3) If an agency documents to the State CIO a
				  need to establish an agency specific contract in lieu of a statewide term
				  contract or an expenditure not covered by a statewide term contract for which
				  the expenditure during the life of the contract exceeds the agency's general
				  delegation, the purchasing agency, with the State CIO's approval, may issue a
				  solicitation document for the purpose of awarding an agency specific contract
				  for use by that agency in accordance with the determining factors set forth in
				  this Rule.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0700 - CONTRACTS › Section 06B .0702 - REPEALED - DETERMINING FACTORS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Repealed Eff. September 1,
					 2013.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0700 - CONTRACTS › Section 06B .0703 - EXTENSION OF CONTRACT TERMINATION DATES

Current through Register Vol. 39, No. 2, July 15, 2024
When in the best interest of the State, offerors may be
					 requested to extend the scheduled termination dates of contracts. Such
					 extensions shall not result in a change in the prices stated in the original
					 contract unless agreed to by the agency in writing. Extensions that result in a
					 cumulative contract value exceeding an agency's delegation must be submitted to
					 ITS for special delegation approval pursuant to Rule .1303 of this
					 Subchapter.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .0800 - PARTIAL AND MULTIPLE AWARDS › Section 06B .0801 - USE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Partial, progressive or multiple awards
				  may be made when it is advantageous to the State.
(b) Notwithstanding the necessity for awards
				  to more than one supplier, such awards shall be limited to the number of
				  suppliers deemed necessary to satisfy the intended requirements. Quantities
				  shall not be divided among offerors on definite quantity requirements unless
				  and except as provided in the solicitation and unless such division is
				  determined to be in the best interest of the State.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section 0900 - WAIVER OF COMPETITION › Section 06B .0901 - CONDITIONS FOR LIMITED OR WAIVED COMPETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Under
				  conditions listed in this Rule, and otherwise if deemed to be in the interest
				  of the State by the State CIO, competition may be limited or waived where a
				  factual basis demonstrates support of one or more of the conditions set forth
				  in Paragraph (b) of this Rule. If the procurement is within a purchasing
				  agency's general delegation, then the purchasing agency may waive competition
				  in conformance with this Rule. If the procurement is greater than the agency's
				  delegation, the agency shall submit a written request including facts
				  supporting conditions set forth in Paragraph (b) of this Rule for limited or
				  waived competition to the State CIO for approval.
(b) Competition may be limited or waived
				  under the following conditions:
(1)
				  competition is not available;
(2) a
				  needed product or service is available from only one source of
				  supply;
(3) emergency action is
				  indicated;
(4) competition has been
				  solicited but no responsive offers have been received;
(5) standardization or compatibility is the
				  overriding consideration;
(6) a
				  donation stipulates the source of supply;
(7) personal or particular professional
				  services are required;
(8) a
				  product or service is needed for a person with disabilities and there are
				  overriding considerations for its use;
(9) additional products or services are
				  needed to complete an ongoing job or task;
(10) a particular product or service is
				  desired for educational, training, experimental, developmental or research
				  work;
(11) equipment is already
				  installed, connected and in service, and it is determined advantageous to
				  purchase it;
(12) items are subject
				  to rapid price fluctuation or immediate acceptance;
(13) there is evidence of resale price
				  maintenance or other control of prices or collusion on the part of persons or
				  entities that thwarts normal competitive procedures unless otherwise prohibited
				  by law;
(14) a purchase is being
				  made and a price is available from a previous contract;
(15) the requirement is for an authorized
				  cooperative project with another governmental unit(s) or a charitable
				  non-profit organization(s); or
(16)
				  a used item is available on short notice and subject to prior sale.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section 0900 - WAIVER OF COMPETITION › Section 06B .0902 - APPROVAL AND DOCUMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
Although competition may be limited or waived pursuant to
					 Rule .0901 of this Subchapter, the use of competition is required wherever an
					 exception is not approved. After a limitation or waiver of competition is
					 approved as provided in Rule .0901(a) of this Subchapter, negotiations with a
					 potential vendor(s) in an effort to acquire the quality of good or service
					 needed at the best possible price, delivery, terms and conditions, may be
					 conducted.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1000 - MISCELLANEOUS PROVISIONS › Section 06B .1001 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The offeror may
				  designate information as a trade secret pursuant to
				  G.S.
				  132-1.2 and may otherwise designate
				  information as confidential as provided by law, citing the applicable statute
				  on which the claim of confidentiality is made (
e.g.
, offers
				  and supporting documents meeting the criteria of North Carolina's Trade Secrets
				  Protection Act requirements,
etc.
). Offerors shall identify
				  each page containing confidential information in boldface at the top and
				  bottom;
e.g.
, "CONFIDENTIAL". Price(s) presented in response
				  to a solicitation shall not be deemed confidential.
(b) To promote maximum competition and to
				  protect the public competitive procedure from being used to obtain information
				  that would normally not be available otherwise, the purchasing agency shall
				  maintain the confidentiality of those portions of an offer properly designated
				  as confidential.
Authority
					 G.S.
					 132-1.2;
					 147-33.76(b1);
					 147-33.95(a);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1000 - MISCELLANEOUS PROVISIONS › Section 06B .1002 - 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 shall be justified in the procurement record, kept to a
					 minimum and shall include approval from the agency head for payment provisions
					 when payments will be made over a period of time. Agency heads and governing
					 boards of an agency shall ensure that the agency complies with statutory and
					 State fiscal requirements.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1000 - MISCELLANEOUS PROVISIONS › Section 06B .1003 - CHANGE IN CORPORATE STRUCTURE OR ASSIGNMENT

Current through Register Vol. 39, No. 2, July 15, 2024
A vendor shall not assign a state contract without prior
					 written approval from the purchasing agency. In cases where the vendor seeks to
					 assign its contract prior to the State's written approval of an assignment, the
					 vendor assignor shall affirm in writing to the State that the assignee is fully
					 capable of performing all obligations of the vendor under the contract. In
					 cases where vendors who have been awarded contracts are involved in corporate
					 consolidations, acquisitions, or mergers, the purchasing agency may negotiate
					 agreements for the transfer of contractual obligations and the continuance of
					 contracts within the framework of the new corporate
					 structures.
Authority
					 G.S.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1000 - MISCELLANEOUS PROVISIONS › Section 06B .1004 - PURCHASING FROM OR THROUGH AGENCY EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
Written approval of the State CIO is required before an
					 agency purchases goods or services from or through an agency employee. In
					 deciding whether to grant approval, the State CIO shall consider the type of
					 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.
					 147-33.76(b1);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1000 - MISCELLANEOUS PROVISIONS › Section 06B .1005 - 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 offerors 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;
(6) Agreements to:
(A) Rotate offers;
(B) Share the profits with an offeror who is
				  not the low offeror;
(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 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1000 - MISCELLANEOUS PROVISIONS › Section 06B .1006 - COOPERATIVE PURCHASING

Current through Register Vol. 39, No. 2, July 15, 2024
When an agency participates in a cooperative project with
					 another governmental entity or with a non-profit organization, goods and
					 services necessary for the project shall be procured according to the Rules in
					 this Chapter. If the interest of the State would be better served by one of the
					 following procurement methods, the State CIO may authorize procurement
					 by:
(1) Making or authorizing
				  acquisition on behalf of such governmental entity or non-profit
				  organization;
(2) Authorizing
				  acquisition on the State's behalf under the provisions of another state or
				  another governmental entity, provided due consideration is given by the State
				  CIO to the differences in purchasing rules, regulations, and procedures of the
				  contracting entity; or
(3)
				  Authorizing acquisition on the State's behalf under provisions of the U.S.
				  General Services Administration Supply Schedule 70 and Consolidated Schedule
				  for Information Technology purchases.
Authority
					 G.S.
					 147-33.76(b1);
					 147-33.95(b)(2)(a);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1000 - MISCELLANEOUS PROVISIONS › Section 06B .1008 - REPEALED - BOARD OF AWARDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-52.1;
					 147-33.76(b1);
					 147-33.95;
					 147-33.101;
Temporary
					 Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Amended Eff. March 1, 2001;
Repealed Eff. September 1, 2013. (See
					 Rule 06A .0103).
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1000 - MISCELLANEOUS PROVISIONS › Section 06B .1030 - DEFAULT PROCEEDINGS; DEBARMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  agency that issued the solicitation document resulting in the contract may find
				  a contractor in default of contract for failing to perform in accordance with
				  the contract requirements, terms and conditions. If a contractor is found in
				  default of contract, the agency that issued the solicitation document resulting
				  in the contract may take action, immediate if necessary, to purchase the needed
				  goods or services on the open market and charge any additional cost for the
				  goods or services and expense for doing so to the defaulting contractor. If an
				  agency finds a contractor in default, such action and the circumstances shall
				  be reported by the agency to ITS in writing. This does not limit any other
				  remedies that may be available to the state or agency.
(b) ITS may remove the contractor from any
				  distribution lists that may be utilized and debar the contractor from doing IT
				  procurements with the state for a period a period of one year. ITS shall notify
				  any contractor of debarment action in writing
.
Authority
					 G.S.
					 147-33.103(b);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1000 - MISCELLANEOUS PROVISIONS › Section 06B .1031 - FAITHFUL PERFORMANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A bond, or
				  other means of ensuring faithful performance, may be required of the contractor
				  at the contractor's expense.
(b)
				  Liquidated damages may be provided for in the contract, as a means of ensuring
				  faithful performance from the contractor.
(c) The agency may hold as a retainage a
				  percentage of the contract value to be remitted upon final acceptance by the
				  agency.
(d) The agency may withhold
				  final payment contingent on acceptance of the final deliverable.
Authority
					 G.S.
					 147-33.103(b);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1,
					 2000;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1101 - RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever ITS or the State CIO acts in such a way as to
					 affect the rights, duties, or privileges of a party, that party may request a
					 hearing in accordance with this Section and G.S. 150B, Article
					 3A.
Authority
					 G.S.
					 150B-38;
Temporary Adoption Eff.
					 January 1, 2000;
Eff. August 1, 2000;
Amended Eff.
					 March 1, 2001;
Recodified from
					 09 NCAC
					 06B .1010 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1102 - PROTEST PROCEDURES FOR AWARD OF CONTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To
				  ensure fairness to all offerors and to promote open competition, the purchasing
				  agency shall respond to an offeror's protest over IT contract awards.
(b) This Rule applies to IT contracts with an
				  estimated value of twenty-five thousand dollars ($25,000) or more. The
				  purchasing agency shall establish procedures to address protests by offerors
				  where the award value is less than twenty-five thousand dollars
				  ($25,000).
(c) When an offeror
				  protests a contract awarded by an agency of twenty-five thousand dollars
				  ($25,000) or more in value, the agency and the offeror shall comply with the
				  following:
(1) The offeror shall deliver a
				  written request for a protest meeting to the agency head or his designee within
				  15 calendar days from the date of contract award. The agency head shall furnish
				  a copy of the written request to the State CIO within 10 calendar days of
				  receipt. The offeror's request shall contain specific reasons and any
				  supporting documentation regarding why there is a concern with the award. If
				  the request does not contain this information or the agency head determines
				  that a meeting would serve no purpose, then the agency head, within 10 calendar
				  days from the date of receipt, may respond in writing to the offeror and refuse
				  the protest meeting request. A copy of the agency head's letter shall be
				  forwarded to the State CIO.
(2) If
				  the protest meeting is granted, the agency head shall give written notice to
				  the State CIO and any awarded vendor of the date and time of the protest
				  meeting. The agency shall give notice to the awarded vendor and the State CIO
				  stating whether any purchase order or performance has been suspended or
				  terminated. The agency head shall schedule the meeting within 30 calendar days
				  after receipt of the letter, unless a later date is accepted by the protesting
				  party and the agency. Within 10 calendar days from the date of the protest
				  meeting, the agency head shall respond to the offeror in writing with an agency
				  decision. A copy of the agency head's letter shall be forwarded to the State
				  CIO.
(3) If a protest is determined
				  to be valid by the State CIO then the following outcomes may occur:
(A) The award and issued purchase order shall
				  be canceled and the solicitation for offers to contract is not
				  re-bid;
(B) The award and issued
				  purchase order shall be canceled and the solicitation for offers to contract is
				  re-bid;
(C) The award and issued
				  purchase order shall be canceled and the contract shall be awarded to the next
				  lowest priced, technically competent, qualified offeror, if that offeror agrees
				  to still honor its submitted bid.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1103 - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A request for
				  an administrative hearing under Rule .1101 of this Section must be in writing
				  and shall contain the following information:
(1) name and address of the person requesting
				  the hearing;
(2) a concise
				  statement of the departmental action being challenged;
(3) a concise statement of the manner in
				  which the petitioner is aggrieved; and
(4) a clear and specific demand for a public
				  hearing.
North Carolina Administrative Code › Title 09 - GOVERNOR AND LT. GOVERNOR › Chapter 06 - OFFICE OF INFORMATION AND TECHNOLOGY SERVICES › Subchapter B - PROCUREMENT REQUESTS › Section .1100 - BID PROTEST, CONTESTED CASE PROCEDURE › Section 06B .1104 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The definitions contained in
					 G.S.
					 150B-2 are incorporated in this Section by
					 reference. In addition to those definitions, the following definitions apply to
					 this Section:
(1) "File or filing"
				  means to place or the placing of the paper or item to be filed into the care
				  and custody of the hearing officer. All documents filed with the hearing
				  officer, except exhibits, shall be in duplicate in letter size 8 1/2" by
				  11".
(2) "Hearing officer" shall be
				  the State CIO or appointee under
				  G.S.
				  150B-40 as the presiding officer, or an
				  administrative law judge assigned under
				  G.S.
				  150B-40. The phrase "a majority of the
				  agency," or "an agency" as specified in
				  G.S.
				  150B-40 shall be interpreted in these Rules
				  to mean the State CIO. The phrase "an agency member" or "member of an agency,"
				  if not applicable by its terms to the State CIO, shall not be applicable in
				  these Rules.
(3) "Service or serve"
				  means, unless otherwise provided by law or Rule 4 of the North Carolina Rules
				  of Civil Procedure, delivery by first class United States Postal Service mail
				  or a licensed overnight express mail service, postage prepaid and addressed to
				  the person required to be served at his or her last known address. A
				  certificate of service by the person making the service shall be appended to
				  every document requiring service under this Section. Service by mail or
				  licensed overnight express mail is complete upon placing the item to be served,
				  enclosed in a wrapper addressed to the person to be served, in an official
				  depository of the United States Postal Service; or postage prepaid and wrapped
				  in a wrapper addressed to the person to be served, to an agent of the overnight
				  express mail service.
Authority
					 G.S.
					 147-33.76(b1);
					 150B-40;
Temporary
					 Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Amended Eff. March 1, 2001;
Recodified from
					 09 NCAC
					 06B .1012 Eff. March 19, 2008;
Amended Eff. September 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.