reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter F - STATE BUILDING COMMISSION CONTRACTOR EVALUATION PROCEDURES › Section .0400 - POST EVALUATION PROCEDURES › Section 30F .0403 - APPEALS OF ASSIGNED EVALUATIONS: DISQUALIFICATION FROM BIDDING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a prime contractor considers that the
				  assigned final evaluation is incorrect the prime contractor may appeal the
				  action to the SCO. It is emphasized that this appeal is an appeal to an
				  assigned evaluation score and is separate from an appeal resulting from
				  assignment to a pre-bid disqualification status described in Rule .0305 of this
				  Subchapter.
(b) To evaluate an
				  appeal of an individual final evaluation, the SCO will appoint and convene a
				  rating panel of five persons of which three will be professional State
				  employees and of the State employees at least one member is a licensed
				  professional architect or engineer to hear the appeal and render a decision.
				  The remaining two members, one of which will be a licensed contractor, are to
				  be from the SBC as appointed by the Chairman. The hearing shall involve, at a
				  minimum, the Capital Projects Coordinator and the owner's representative as
				  well as representatives of the prime contractor who shall appear before the
				  panel and which is open to the public. The SCO hearing panel shall issue a
				  report to the SBC on the hearing and the decision reached.
(c) If the Capital Projects Coordinator or
				  prime contractor desire further recourse to the initial decision by the SCO on
				  an assigned evaluation or a decision by the SBC concerning disqualification to
				  bid on state capital improvement projects or a decision by the SBC to not
				  reinstate a contractor to the bidders list, the decision may be formally
				  appealed to the Office of Administrative Hearings pursuant to N.C.G.S.
				  150B.
Authority
					 G.S.
					 143-135.26(4);
Eff. January 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter G - STATE BUILDING COMMISSION PROCEDURES AND CRITERIA FOR AUTHORIZATION TO USE AN ALTERNATIVE CONTRACTING METHOD › Section .0100 - GENERAL PROVISIONS › Section 30G .0101 - AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
The State Building Commission, hereinafter referred to as
					 SBC, is a statutory body, empowered by law to perform a multiplicity of duties
					 with regard to the State's capital facilities development and management
					 program. In the specific area of State capital improvement project requirements
					 for building contracts, the SBC is empowered by
					 G.S.
					 143-135.26 to adopt procedures which allows a
					 State agency or institution, a local governmental unit, or any other entity
					 subject to the provisions of
					 G.S.
					 143-129 to use a method of contracting not
					 authorized under
					 G.S.
					 143-128. The use of any other alternative
					 method shall be approved in advance by the SBC for any single
					 project.
Authority
					 G.S.
					 143-135.26;
Temporary Adoption
					 Eff. July 1, 1996;
Eff. August 1, 1998;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter G - STATE BUILDING COMMISSION PROCEDURES AND CRITERIA FOR AUTHORIZATION TO USE AN ALTERNATIVE CONTRACTING METHOD › Section .0100 - GENERAL PROVISIONS › Section 30G .0102 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
Generally, it is the policy of the SBC that the public's
					 interest is typically best served by the letting of public construction
					 contracts pursuant to the regular statutory procedures, particularly the
					 provisions of
					 G.S.
					 143-128. Nevertheless, in addition to those
					 situations when a project cannot be completed using the standard methods, the
					 SBC will recognize certain extraordinary circumstances that are appropriate, in
					 the public's interest, and will justify an exemption from the methods of
					 contracting authorized under
					 G.S.
					 143-128. Such extraordinary circumstances
					 must be created by some unusual or unforeseen occurrence or situation and
					 includes those situations set forth in
					 01 NCAC
					 30G .0105(b); any request
					 made for an exemption as a result of such extraordinary circumstance must
					 demonstrate to the SBC that requisite justification exists to obtain the
					 exemption.
Authority
					 G.S.
					 143-135.26(9)(b);
Temporary Adoption Eff. July 1, 1996;
Eff. August 1,
					 1998;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter G - STATE BUILDING COMMISSION PROCEDURES AND CRITERIA FOR AUTHORIZATION TO USE AN ALTERNATIVE CONTRACTING METHOD › Section .0100 - GENERAL PROVISIONS › Section 30G .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of the rules in this Section, the
					 following definitions shall apply:
(1)
				  "Alternative contracting method" includes but is not limited to:
(a) the single-prime contracting system, not
				  otherwise authorized under
				  G.S.
				  143-128,
(b) the design-build delivery system,
				  or
(c) the construction management
				  delivery system.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter G - STATE BUILDING COMMISSION PROCEDURES AND CRITERIA FOR AUTHORIZATION TO USE AN ALTERNATIVE CONTRACTING METHOD › Section .0100 - GENERAL PROVISIONS › Section 30G .0104 - GENERAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Application
				  Form - The SBC shall establish a form of application to be used by public
				  owners requesting an exemption, which shall upon request be provided to public
				  owners. A completed application shall contain all of the information necessary
				  to enable the SBC to determine the appropriateness and merits of approving an
				  exemption.
(b) Rules for
				  Application - The SBC, upon request, shall provide public owners with a copy of
				  the rules it adopts under the authority of
				  G.S.
				  143-135.26(9).
(c) Review of Application:
(1) The public owner shall submit the
				  application to the State Construction Office, Attention: Director, Department
				  of Administration, New Education Building, Suite 450, 301 North Wilmington
				  Street, Raleigh, North Carolina 27601-2827. The Director shall review the
				  application upon its receipt. If the Director determines that the application
				  is not complete, he shall return the application to the public owner along with
				  a written notice of the reasons for the return. Despite the return of an
				  application, a public owner may request in writing to the Director that the SBC
				  consider the application as originally submitted, and the notice of return to
				  the public owner shall so state this option. An application shall be considered
				  abandoned if it is returned pursuant to this section, and no further action is
				  taken by the public owner to satisfy the reasons for its return.
(2) Completed applications shall be
				  considered within 60 days of receipt by the Director of the completed
				  application. Once scheduled for consideration by the SBC, the public owner
				  shall be given notice of the date, time and location of the SBC meeting at
				  which the application shall be considered.
(3) The SBC shall only accept written
				  applications. After due consideration of these applications, the SBC shall take
				  one of the following actions:
(A) Delay
				  consideration of the application;
(B) Deny the application; or
(C) Approve the application.
Within five days of the SBC's action upon the application,
					 notice of the same shall be sent to the public owner, and to the Director. Upon
					 a delay of consideration pursuant to Paragraph (a) of this Rule, the SBC shall
					 immediately request from the public owner or other person further information
					 required in order to make a determination, or provide the public owner with
					 notice of the reason for the delay.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter G - STATE BUILDING COMMISSION PROCEDURES AND CRITERIA FOR AUTHORIZATION TO USE AN ALTERNATIVE CONTRACTING METHOD › Section .0100 - GENERAL PROVISIONS › Section 30G .0105 - CRITERIA FOR CONSIDERATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General Considerations - Applications
				  shall be subject to the following general considerations which the SBC shall
				  utilize in reviewing all applications:
(1)
				  Whether the public owner has adequately justified that the requested exemption
				  is applicable to the project.
(2)
				  Whether under the circumstances presented the project can be reasonably
				  completed under the methods authorized under
				  G.S.
				  143-128, and if not, whether the public owner
				  has adequately demonstrated that the proposed alternative contracting method is
				  necessary.
(3) Whether the
				  exemption sought is appropriate and in the public's interest.
(4) Whether the public owner has been
				  responsible in the pre-planning stages of the project.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0100 - INITIATING MEDIATED SETTLEMENT CONFERENCES › Section 30H .0101 - PURPOSE OF MANDATORY SETTLEMENT CONFERENCES

Current through Register Vol. 39, No. 2, July 15, 2024
Pursuant to
					 G.S.
					 143-128(f1) and
					 143-135.26(11),
					 these Rules are promulgated to implement a system of settlement events which
					 are designated to focus the parties' attention on settlement rather than on
					 claim preparation and to provide a structured opportunity for settlement
					 negotiations to take place. Nothing herein is intended to limit or prevent the
					 parties from engaging in settlement procedures voluntarily at any time prior to
					 or during commencement of the dispute resolution process.
Authority
					 G.S.
					 143-135.26(10), (11); S.L.
					 2001-496, s. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0100 - INITIATING MEDIATED SETTLEMENT CONFERENCES › Section 30H .0102 - INITIATING THE DISPUTE RESOLUTION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any party to a public construction contract governed by G.S. 143, Article 8 and
				  identified in
				  G.S.
				  143-128(f1) and who is a
				  party to a dispute arising out of the construction process in which the amount
				  in controversy is at least fifteen thousand dollars ($15,000) may submit a
				  written request to the public owner for mediation of the dispute.
(b) Prior to submission of a written request
				  for mediation to the public owner, the party requesting mediation:
(1) If a prime contractor, it must first
				  submit its claim to the Project Designer for review. If the dispute is not
				  resolved through the Project Designer's instructions, then the dispute becomes
				  ripe for mediation in the Formal Dispute Resolution Process, and the party may
				  submit his written request for mediation to the public owner.
(2) If the party requesting mediation is a
				  subcontractor, it must first submit its claim to the prime contractor with whom
				  it has a contract. If the dispute is not resolved through the Prime
				  Contractor's informal involvement, then the dispute becomes ripe for mediation
				  in the Formal Dispute Resolution Process, and the party may submit its written
				  request for mediation to the public owner.
(3) If the party requesting mediation is the
				  Project Designer, then it must first submit its claim to the public owner to
				  resolve. If the dispute is not resolved with the public owner's informal
				  involvement, then the Project Designers' dispute is ripe for mediation in the
				  Formal Dispute Resolution Process, and the Project Designer may submit its
				  written request to the public owner for mediation.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0200 - SELECTION OF MEDIATOR › Section 30H .0201 - SELECTION OF MEDIATOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The parties may
				  select a mediator certified pursuant to Paragraph (b) of this Rule. The
				  requesting party shall file with the State Construction Office (hereinafter
				  collectively referred to as the "SCO") if a State project or public owner, if a
				  non-State project, a Notice of Selection of Mediator by Agreement within 10
				  days of the request; however, any party may file the notice. Such notice shall
				  state the name, address and telephone number of the mediator selected; state
				  the rate of compensation of the mediator; state that the mediator and opposing
				  counsel have agreed upon the selection and rate of compensation; and state that
				  the mediator is certified pursuant to these Rules.
(b) All mediators in the Formal Dispute
				  Resolution Program shall be certified in accordance with the rules certifying
				  mediators in Superior Court in North Carolina except when otherwise allowed by
				  the SCO or public owner upon the request of the parties to the mediation. When
				  selecting mediators, the parties may designate a preference for mediators with
				  a background in construction law or public construction contracting. Such
				  preferences are not mandatory under these Rules.
(c) The parties may select a mediator who
				  does not meet the certification requirements of these Rules. However, all
				  mediators gain the consent of the SCO or public owner in accordance with these
				  Rules to mediate any dispute.
(d)
				  If the parties cannot agree upon the selection of a mediator, the party or
				  party's attorney shall so notify the SCO or public owner and request, on behalf
				  of the parties, that the SCO or public owner appoint a mediator. The request
				  for appointment shall state that the parties have had a full and frank
				  discussion concerning the selection of a mediator and have been unable to
				  agree. The request shall state whether any party prefers a certified attorney
				  mediator, and if so, the SCO or public owner shall appoint a certified attorney
				  mediator. If no preference is expressed, the SCO or public owner may appoint a
				  certified attorney mediator or a certified non-attorney mediator.
Authority
					 G.S.
					 143-135.26(10) and (11);
					 S.L. 2001-496, Sec. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0200 - SELECTION OF MEDIATOR › Section 30H .0202 - MEDIATION AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon selection
				  of the mediator, the parties shall enter into a mediation agreement. The
				  mediation agreement shall include terms governing the time, place, and scope of
				  the mediation. The agreement shall also include terms regarding the
				  compensation, disqualification, and removal of the mediator.
(b) The deadline for completion of the
				  mediation shall be 60 days after the execution of the mediation agreement.
				  Parties are free to extend the mediation deadline by mutual
				  agreement.
Authority
					 G.S.
					 143-135.26(10) and (11);
					 S.L. 2001-496, Sec. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0200 - SELECTION OF MEDIATOR › Section 30H .0203-.0205 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-135.26(11); S.L.
					 2001-496, s. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Temporary Adoption Expired November 20,
					 2003.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0300 - THE MEDIATED SETTLEMENT CONFERENCE › Section 30H .0301 - WHERE CONFERENCE IS TO BE HELD

Current through Register Vol. 39, No. 2, July 15, 2024
Unless all parties and the mediator otherwise agree, the
					 mediated settlement conference shall be held in the county where the project is
					 located. The mediator shall be responsible for reserving a place for the
					 conference and for giving notice of the time and location of the conference to
					 all attorneys, unrepresented parties and other persons and entities required to
					 attend.
Authority
					 G.S.
					 143-135.26(10) and (11);
					 S.L. 2001-496, Sec. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0300 - THE MEDIATED SETTLEMENT CONFERENCE › Section 30H .0302 - WHEN CONFERENCE IS TO BE HELD

Current through Register Vol. 39, No. 2, July 15, 2024
The deadline for completion of the mediation shall be not
					 less than 30 days nor more than 60 days after the naming of the
					 mediator.
Authority
					 G.S.
					 143-135.26(10), (11); S.L.
					 2001-496, s. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0300 - THE MEDIATED SETTLEMENT CONFERENCE › Section 30H .0303-.0305 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-135.26(11); S.L.
					 2001-496, s. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Temporary Adoption Expired November 20,
					 2003.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0400 - DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS › Section 30H .0401 - ATTENDANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All parties to
				  the dispute originally presented to the Designer or Prime Contractor for
				  initial resolution shall attend the mediation. Failure of a party to a
				  construction contract dispute to attend the mediation shall result in the
				  public owner's withholding of monthly payment to that party until such party
				  attends the mediation.
(b) Only
				  physical attendance, and not attendance by telephone or other electronic means,
				  shall constitute attendance. Any attendee on behalf of a party must have
				  authority from that party to bind it to any agreement reached as a result of
				  the mediation.
(c) Attorneys on
				  behalf of parties may attend the mediation but are not required to do
				  so.
(d) Sureties or insurance
				  company representatives are not required to attend the mediation unless any
				  monies paid or to be paid as a result of any agreement reached as a result of
				  mediation require their presence or acquiescence. If such agreement or presence
				  is required, then authorized representatives of the surety or insurance company
				  must attend the mediation.
Authority
					 G.S.
					 143-135.26(10), (11); S.L.
					 2001-496, s. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0400 - DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS › Section 30H .0402 - FINALIZING AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
If an agreement is reached in the conference, parties to
					 the agreement shall reduce its terms to writing and sign it along with their
					 counsel, insurance carriers and bonding companies, if any.
Authority
					 G.S.
					 143-135.26(10), (11); S.L.
					 2001-496, s. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0400 - DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS › Section 30H .0403 - PAYMENT OF FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The mediation fee shall be paid in accordance with
					 G.S.
					 143-128(f1).
Authority
					 G.S.
					 143-135.26(10), (11); S.L.
					 2001-496, s. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0400 - DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS › Section 30H .0404 - FAILURE TO COMPENSATE MEDIATOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any party's failure to compensate the mediators shall subject that party to a
				  withholding of said amount of money from the party's monthly payment by the
				  public owner.
(b) If the public
				  owner is a party to the mediation and it fails to compensate the mediator, it
				  shall be subject to a civil cause of action from the mediator.
Authority
					 G.S.
					 143-135.26(10) and (11);
					 S.L. 2001-496, Sec. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0500 - AUTHORITY AND DUTIES OF MEDIATORS › Section 30H .0501 - AUTHORITY OF MEDIATOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Control of
				  Conference. The mediator shall be in control of the conference and the
				  procedures to be followed.
(b)
				  Private Consultation. The mediator may communicate privately with any
				  participant or counsel prior to and during the conference. The fact that
				  private communications with a participant may occur shall be disclosed to all
				  other participants at the conclusion of the communications.
(c) Scheduling the Conference. The mediator
				  shall make a good faith effort to schedule the conference at a time that is
				  convenient with the participants, attorneys and mediator. In the absence of
				  agreement, the mediator shall select the date for the conference.
Authority
					 G.S.
					 143-135.26(10), (11); S.L.
					 2001-496, s. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0500 - AUTHORITY AND DUTIES OF MEDIATORS › Section 30H .0502 - DUTIES OF MEDIATOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The mediator
				  shall define and describe the following at the beginning of the conference:
(1) The process of mediation;
(2) The difference between mediation and
				  other forms of conflict resolution;
(3) The costs of the mediated settlement
				  conference;
(4) That the mediated
				  settlement conference is not a trial, the mediator is not a judge, and the
				  parties retain their legal rights if they do not reach settlement;
(5) The circumstances under which the
				  mediator may meet and communicate privately with any of the parties or with any
				  other person;
(6) Whether and under
				  what conditions communications with the mediator shall be held in confidence
				  during and after the conference;
(7) The inadmissibility of conduct and
				  statements as provided by
				  G.S.
				  7A-38.1(1);
(8) The duties and responsibilities of the
				  mediator and the participants; and
(9) That any agreement reached shall be
				  reached by mutual consent.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0600 - COMPENSATION OF THE MEDIATOR › Section 30H .0601 - EXPIRED - COMPENSATION OF THE MEDIATOR

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-135.26(11); S.L.
					 2001-496, Sec. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Temporary Adoption Expired November 20,
					 2003.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0700 - MEDIATOR CERTIFICATION › Section 30H .0701 - EXPIRED - MEDIATOR CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-135.26(11); S.L.
					 2001-496, s. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Temporary Adoption Expired November 20,
					 2003.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0800 - RULE MAKING › Section 30H .0801 - EXPIRED - RULE MAKING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-135.26(11); S.L.
					 2001-496, s. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Temporary Adoption Expired November 20,
					 2003.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .0900 - DEFINITIONS › Section 30H .0901 - EXPIRED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-135.26(11); S.L.
					 2001-496, s. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Temporary Adoption Expired November 20,
					 2003.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter H - MEDIATED SETTLEMENT CONFERENCES › Section .1000 - TIME LIMITS › Section 30H .1001 - EXPIRED - TIME LIMITS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-135.26(11); S.L.
					 2001-496, s. 14(b);
Temporary Adoption Eff. July 1,
					 2002;
Temporary Adoption Expired November 20,
					 2003.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter I - MINORITY BUSINESS PARTICIPATION GOAL › Section .0100 - GOOD FAITH EFFORTS › Section 30I .0101 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
Each public entity which places a public construction
					 project out for bid and which is subject to
					 G.S.
					 143-128.2 shall require bidders to undertake
					 good faith efforts to recruit minority business participation in the project.
					 Bidders must earn at least 50 points from the good faith efforts listed in Rule
					 .0102, or comply with the requirements of
					 G.S.
					 143-128.2(c)(1)(a), in order
					 for their bids to be considered responsive. Notwithstanding this Rule, the
					 public entity may require that additional good faith efforts be taken, as
					 indicated in its bid specifications.
Authority
					 G.S.
					 143-128.2(f), S.L. 2001-496,
					 s. 3.1, 14(b).
Temporary Adoption Eff. August 1, 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter I - MINORITY BUSINESS PARTICIPATION GOAL › Section .0100 - GOOD FAITH EFFORTS › Section 30I .0102 - POINT VALUES FOR GOOD FAITH EFFORTS UNDERTAKEN

Current through Register Vol. 39, No. 2, July 15, 2024
Good faith efforts and their values include:
(1) Contacting minority businesses that
				  reasonably could have been expected to submit a quote and that were known to
				  the contractor or available on State or local government maintained lists at
				  least 10 days before the bid or proposal date and notifying them of the nature
				  and scope of the work to be performed. Value = 10 points.
(2) Making the construction plans,
				  specifications and requirements available for review by prospective minority
				  businesses, or providing these documents to them at least 10 days before the
				  bid or proposals are due. Value = 10 points.
(3) Breaking down or combining elements of
				  work into economically feasible units to facilitate minority participation.
				  Value = 15 points.
(4) Working with
				  minority trade, community, or contractor organizations identified by the Office
				  for Historically Underutilized Businesses and included in the bid documents
				  that provide assistance in recruitment of minority businesses. Value = 10
				  points.
(5) Attending any prebid
				  meetings scheduled by the public owner. Value = 10 points.
(6) Providing assistance in getting required
				  bonding or insurance or providing alternatives to bonding or insurance for
				  subcontractors. Value = 20 points.
(7) Negotiating in good faith with interested
				  minority businesses and not rejecting them as unqualified without sound reasons
				  based on their capabilities. Any rejection of a minority business based on lack
				  of qualification should have the reasons documented in writing. Value = 15
				  points.
(8) Providing assistance to
				  an otherwise qualified minority business in need of equipment, loan capital,
				  lines of credit, or joint pay agreements to secure loans, supplies, or letters
				  of credit, including waiving credit that is ordinarily required. Assisting
				  minority businesses in obtaining the same unit pricing with the bidder's
				  suppliers in order to help minority businesses in establishing credit. Value =
				  25 points.
(9) Negotiating joint
				  venture and partnership arrangements with minority businesses in order to
				  increase opportunities for minority business participation on a public
				  construction or repair project when possible. Value = 20 points.
(10) Providing quick pay agreements and
				  policies to enable minority contractors and suppliers to meet cash-flow
				  demands. Value = 20 points.
Authority:
					 G.S.
					 143-128.2(f), S.L. 2001-496,
					 s. 3.1, 14(b);
Temporary Adoption Eff. August 1, 2002;
Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter I - MINORITY BUSINESS PARTICIPATION GOAL › Section .0300 - RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN PUBLIC CONSTRUCTION CONTRACTS › Section 30I .0301 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section apply to minority business
					 participation in single-prime bidding, separate-prime bidding, construction
					 manager at risk, and alternative contracting methods, on State and local
					 government construction projects as defined in
					 G.S.
					 143-128.2(a).
Authority
					 G.S.
					 143-128.3(e);
					 143-128.2;
Eff.
					 February 1, 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter I - MINORITY BUSINESS PARTICIPATION GOAL › Section .0300 - RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN PUBLIC CONSTRUCTION CONTRACTS › Section 30I .0302 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this section and
					 G.S.
					 143-128.2 and
					 G.S.
					 143-128.3:
(1) "Bidder" means any person, firm,
				  partnership, corporation, association, or joint venture seeking to be awarded a
				  public contract or subcontract.
(2)
				  "Contract" means a mutually binding legal relationship or any modification
				  thereof obligating the seller to furnish equipment, materials or services,
				  including construction, and obligating the buyer to pay for them.
(3) "Contractor" means any person, firm,
				  partnership, corporation, association, or joint venture which has contracted
				  with the State of North Carolina to perform construction work or
				  repair.
(4) "Designer" means any
				  person, firm, partnership, or corporation, which has contracted with the State
				  of North Carolina to perform architectural or engineering work.
(5) "HUB Office" means the North Carolina
				  Department of Administration Office for Historically Underutilized
				  Businesses.
(6) "Owner" means the
				  State of North Carolina, through the Agency/Institution and public entities
				  named in the contract.
(7) "Public
				  Entity" means the State of North Carolina and all public subdivisions and local
				  governmental units thereof.
(8)
				  "SCO" means the North Carolina Department of Administration State Construction
				  Office.
(9) "State Construction
				  Project" means all projects within the jurisdiction of the State Construction
				  Office pursuant to
				  G.S.
				  143-341(3); including any
				  State Agency project, Community College's project in the amount of three
				  hundred thousand dollars ($300,000) or more, and University System's project in
				  the excess of two million dollars ($2,000,000).
(10) "Subcontractor" means a firm under
				  contract with the prime contractor or construction manager at risk for
				  supplying materials, labor, or materials and labor.
Authority
					 G.S.
					 143-128.3(e);
Eff. February 1, 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter I - MINORITY BUSINESS PARTICIPATION GOAL › Section .0300 - RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN PUBLIC CONSTRUCTION CONTRACTS › Section 30I .0303 - ADJUSTMENTS TO GOAL

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary shall use the preceding year's minority
					 business participation and the availability of businesses in each category as
					 indicated by the firms identified as minority businesses by the Department of
					 Administration in identifying appropriate percentage goals as required by
					 G.S.
					 143-128.2(a).
Authority
					 G.S.
					 143-128.3(e);
					 143-128.2(a);
Eff. February 1, 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter I - MINORITY BUSINESS PARTICIPATION GOAL › Section .0300 - RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN PUBLIC CONSTRUCTION CONTRACTS › Section 30I .0304 - OFFICE FOR HISTORICALLY UNDERUTILIZED BUSINESSES RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Interested businesses may register as a
				  minority business as defined in
				  G.S.
				  143-128.2(g). The
				  information provided by the minority business shall be used by the HUB Office
				  to:
(1) Identify those areas of work for which
				  there are minority businesses, and assist those public entities who are in the
				  process of developing a minority business outreach plan for a particular
				  project.
(2) Make available to
				  interested parties a list of registered minority business contractors and
				  subcontractors.
(3) Maintain a
				  current list of minority businesses based upon information provided by the
				  minority businesses.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter I - MINORITY BUSINESS PARTICIPATION GOAL › Section .0300 - RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN PUBLIC CONSTRUCTION CONTRACTS › Section 30I .0305 - STATE CONSTRUCTION OFFICE RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
On State Construction Projects, the State Construction
					 Office shall:
(1) Attend the scheduled
				  prebid conference, if requested, to clarify requirements of the General
				  Statutes regarding minority-business participation, including the bidders'
				  responsibilities.
(2) Review the
				  apparent low bidders' statutory compliance with the requirements listed in the
				  proposal, if the bid is to be considered as responsive, prior to award of
				  contracts. The State may reject any or all bids and waive informalities
				  pursuant to
				  G.S.
				  143-129.
(3) Review minority business requirements at
				  the Preconstruction conference.
(4)
				  Monitor contractors' compliance with minority business requirements in the
				  contract documents during construction.
(5) Resolve protests and disputes arising
				  from implementation of the minority business participation outreach plan, in
				  conjunction with the HUB Office.
Authority
					 G.S.
					 143-128.3(e);
Eff. February 1, 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter I - MINORITY BUSINESS PARTICIPATION GOAL › Section .0300 - RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN PUBLIC CONSTRUCTION CONTRACTS › Section 30I .0306 - OWNER REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Before awarding
				  a contract, an owner shall:
(1) Develop and
				  implement a minority business participation outreach plan to identify minority
				  businesses that can perform public building projects and implement outreach
				  efforts to encourage minority business participation in these projects. The
				  plan shall include education, recruitment, and interaction between minority
				  businesses and non-minority businesses.
(2) Attend the scheduled prebid conference
				  and explain the minority goals and objectives of the State and specific to the
				  owner.
(3) At least 10 business
				  days prior to the scheduled day of bid opening, notify minority businesses that
				  have requested notices from the public entity for public construction or repair
				  work and minority businesses that otherwise indicated to the Office for
				  Historically Underutilized Businesses an interest in the type of work being bid
				  or the potential contracting opportunities listed in the proposal. The
				  notification shall include:
(A) A description
				  of the work for which the bid is being solicited.
(B) The date, time, and location where bids
				  are to be submitted.
(C) The name
				  of the individual within the owner's organization who will be available to
				  answer questions about the project.
(D) Where bid documents may be
				  reviewed.
(E) Any special
				  requirements that may exist.
(4) Utilize media likely to inform potential
				  minority businesses of the bid being sought.
(5) Maintain documentation of any contacts,
				  correspondence, or conversation with minority business firms made in an attempt
				  to meet the goals.
(6) Review,
				  jointly with the designer, all requirements of
				  G.S.
				  143-128.2(c) and
				  G.S.
				  143-128.2(f) prior to
				  recommendation of award.
(7)
				  Evaluate documentation to determine that a good faith effort has been achieved
				  for minority business utilization prior to recommendation of award.
(8) Forward documentation showing evidence of
				  implementation of Owner's requirements, Subparagraphs (a)(1) through (a)(7) of
				  this Rule, to the State Construction Office and the HUB Office upon
				  request.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter I - MINORITY BUSINESS PARTICIPATION GOAL › Section .0300 - RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN PUBLIC CONSTRUCTION CONTRACTS › Section 30I .0307 - DESIGNER REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Under the single-prime bidding, separate prime bidding,
					 construction manager at risk, or alternative contracting method, the designer
					 shall:
(1) Attend the scheduled prebid
				  conference to explain minority business requirements to the prospective
				  bidders.
(2) Assist the owner to
				  identify and notify prospective minority business prime and subcontractors of
				  potential contracting opportunities and provide documentation of this
				  assistance for the owner's records.
(3) Maintain documentation of any contacts,
				  correspondence, or conversation with minority business firms made in an attempt
				  to meet the goals and forward the documentation to the owner in support of
				  meeting the requirements.
(4)
				  Review jointly with the owner, all requirements of
				  G.S.
				  143-128.2(c) and
				  G.S.143-128.2(f)
				  prior to recommendation of award.
(5) During construction phase of the project,
				  review payment applications for compliance with minority business utilization
				  commitments and submit documentation that identifies payments to minority
				  businesses along with monthly pay applications to the owner. Additionally, on
				  State Construction Projects, forward copies to the State Construction
				  Office.
(6) Forward documentation
				  showing evidence of implementation of Items (1) through (5) of this Rule to the
				  owner, State Construction Office and HUB Office upon request.
Authority
					 G.S.
					 143-128.3(e);
					 143-128.2;
Eff.
					 February 1, 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter I - MINORITY BUSINESS PARTICIPATION GOAL › Section .0300 - RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN PUBLIC CONSTRUCTION CONTRACTS › Section 30I .0308 - CONTRACTOR REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule applies to all contractors utilizing single-prime
					 bidding, separate-prime bidding, construction manager at risk and alternative
					 contracting methods. These requirements apply to all contractors performing as
					 contractors and first-tier subcontractors under construction manager at risk on
					 state projects. The contractors shall:
(1) Attend the scheduled prebid
				  conference.
(2) Identify or
				  determine those work areas of a subcontract where minority businesses may have
				  an interest in performing subcontract work.
(3) At least 10 business days prior to the
				  scheduled day of bid opening, notify minority businesses of potential
				  subcontracting opportunities listed in the proposal. The notification shall
				  include:
(a) A description of the work for
				  which the bid is being solicited.
(b) The date, time and location where bids
				  are to be submitted.
(c) The name
				  of the individual within the company who shall be available to answer questions
				  about the project.
(d) Where bid
				  documents may be reviewed.
(e) Any
				  special requirements that may exist, such as insurance, licenses, bonds and
				  financial arrangements.
If there are more than three minority businesses within a
					 75 mile radius of the project who offer similar contracting or subcontracting
					 services in the specific trade, the contractor(s) shall notify no less than
					 three minority businesses within a 75 mile radius of the project.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter I - MINORITY BUSINESS PARTICIPATION GOAL › Section .0300 - RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN PUBLIC CONSTRUCTION CONTRACTS › Section 30I .0309 - MINORITY BUSINESS RESPONSIBILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Minority businesses seeking to be counted
				  toward the minority business participation goals of
				  G.S.
				  143-128.2 shall be certified or designated as
				  minority business by the Department of Administration HUB Office or another
				  certifying agency of the State of North Carolina, a local unit of government,
				  or The Carolinas Minority Suppliers Development Council.
(b) Minority and HUB contractors shall make a
				  good faith effort to participate in construction projects as demonstrated by:
(1) Attending the scheduled prebid
				  conference.
(2) Responding promptly
				  whether or not they wish to submit a bid when contacted by owners or
				  bidders.
(3) Attending training and
				  contractor outreach sessions given by owners, contractors and state agencies,
				  when feasible.
(4) Participating in
				  Mentor/Protégé programs, training, or other business development
				  programs offered by owners, contractors or state agencies.
(5) Negotiating in good faith with owners or
				  contractors.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter I - MINORITY BUSINESS PARTICIPATION GOAL › Section .0300 - RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN PUBLIC CONSTRUCTION CONTRACTS › Section 30I .0310 - DISPUTE PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Any business disputes arising under these Rules shall be
					 resolved as set forth in
					 G.S.
					 143-128(f1).
Authority
					 G.S.
					 143-128.3(e);
					 143-128(f1);
Eff. February 1, 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 22,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 30 - STATE CONSTRUCTION › Subchapter J - CONSTRUCTION MANAGER-AT-RISK SELECTION PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 30J .0101 - AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-135.26; S.L. 2001-496, s. 11;
Temporary Adoption Eff. February 1, 2003;
Temporary Adoption
					 Expired December 18, 2003.