reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0309 - EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In determining
				  the award of Contract, Responsive Offers shall be considered and evaluated as
				  provided by statute and applicable rules. The evaluation criteria to be used in
				  determining the award of Contract shall be identified in the Solicitation
				  document.
(b) Possession of Offers,
				  including any accompanying information submitted with the Offers, shall be
				  limited to persons in the Purchasing Agency who are responsible for handling
				  the Offers and accompanying information, and to others determined necessary by
				  the Purchasing Agency for the purpose of evaluation and award of Contracts. No
				  Vendor shall participate in the evaluation process nor submit any additional
				  information or materials during the period of evaluation, unless requested by
				  the Purchasing Agency.
(c)
				  Evaluation of Offers shall be conducted by the Purchasing Agency. Following
				  evaluation of the Offers by the Purchasing Agency, a recommendation shall be
				  submitted to the Division to review for compliance with Rule .0301 of this
				  Subchapter. Evaluation scoring sheets, and other materials utilized to
				  determine the ranking or assessment of the Responsive Offers shall be retained
				  in the Agency Procurement file.
(d)
				  If a Vendor has not met the evaluation criteria provided in the Solicitation
				  document, a written determination of such status shall be made, including the
				  reason(s) therefore with any supporting documentation in the Procurement
				  file.
(e) The failure of a Vendor
				  to provide requested information to the Purchasing Agency in connection to a
				  Clarification or mandatory addendum shall be sufficient justification for a
				  determination of not having met the criteria.
Authority
					 G.S.
					 143-49;
					 143-52;
					 143-53;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996;
Readopted Eff. October 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0310 - NOTIFICATION OF AWARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Following the
				  award of a Contract in accordance with Rule .0301 of this Section, the
				  Purchasing Agency shall notify the winning Vendor in writing. Written
				  notifications may include letter or Electronic means, such as posting on the
				  Electronic Bid System or e-mail.
(b) Purchasing Agencies shall post Contract
				  awards in the same manner described in Rule .0316 of this Section.
Authority
					 G.S.
					 143-49;
					 143-52;
					 143-53;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996; May 1, 1988; July 1, 1987;
Temporary Amendment
					 Eff. February 15, 1998;
Amended Eff. April 1, 1999;
Readopted Eff. October 1, 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0311 - REPEALED - GOODS REQUIRING IMMEDIATE ACCEPTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-49;
					 143-52;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 July 1, 1987;
Repealed Eff. February 1,
					 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0312 - LACK OF COMPETITION

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of soliciting offers is both to seek and to
					 obtain competition; the responsibility is dual. Where only a single offer or a
					 single acceptable offer is received or, otherwise, where reasonable and
					 available competition is not obtained, the reason shall be ascertained and made
					 a matter of record.
Authority
					 G.S.
					 143-49;
					 143-52;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0313 - REPEALED - TABULATIONS AND ABSTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-49;
					 143-52;
					 143-53;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Repealed Eff. October 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0314 - SOLICITATION DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In this Rule,
				  the Division establishes standard Solicitation Documents for use in Contracts
				  with the State. A Purchasing Agency shall use Division Solicitation Documents
				  for purchases over the Small Purchase Benchmark.
(b) Division Solicitation Documents shall act
				  as templates for the Purchasing Agency, including provisions for:
(1) Purchasing Agency contract lead name,
				  contact information, Solicitation identifying information, and commodity
				  codes;
(2) Purpose and background
				  information such as:
(A) a description of the
				  requested Goods or Services;
(B) a
				  description of the Purchasing Agency's needs; and
(C) the intent of the solicitation;
(3) Contract Term information,
				  including any Renewal period;
(4)
				  General information regarding the Solicitation and bid process including:
(A) date and time when the bids will be
				  opened;
(B) instruction as to how
				  and when the Vendor is to respond to the Solicitation;
(C) the intended schedule of events and
				  responsibilities of the Solicitation;
(D) instructions for submitting written
				  questions to the Purchasing Agency;
(E) a list of content that should be included
				  in the Vendor's response; and
(F)
				  instructions on how to submit an alternate bid, if permitted;
(5) The method of award and bid
				  evaluation process including:
(A) the number,
				  type, and structure of the intended award;
(B) description of the evaluation criteria;
				  and
(C) notice of the State's
				  option to negotiate in accordance with
				  01 NCAC
				  05B .0503;
(6) The terms of the Vendor's performance,
				  including:
(A) the terms of pricing,
				  invoicing, and methods of delivery of the requested Goods or
				  Services;
(B) the scope of work
				  required by the Solicitation;
(C)
				  Specifications for the required Good or Service;
(D) licensing requirements, as
				  applicable;
(E) statement of
				  warranty or maintenance option; and
(F) instructions for submitting samples,
				  demonstrations, or descriptive literature;
(7) Requirements and instructions for
				  submitting references;
(8) Notice
				  of confidentiality and prohibited communications;
(9) Contract administration requirements
				  including:
(A) post award contract management
				  meetings and periodic status reports schedule;
(B) provisions for the review of the Vendor's
				  performance as stated in Subparagraph (6) of this Paragraph; and
(C) dispute resolution.
(10) Terms and conditions approved by the
				  Division pursuant to
				  01 NCAC
				  05B .0318.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0315 - DIVISION OF REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
An agency shall not divide requirements in order to keep
					 the expenditure under its benchmark or delegation and thereby avoid following
					 the appropriate contracting requirement. In the case of similar and related
					 items and groups of items, the dollar limits apply to the total cost rather
					 than the cost of any single item.
Authority
					 G.S.
					 143-52;
					 143-53;
Eff. April 1,
					 1999;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0316 - ADVERTISEMENT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Unless otherwise directed by statute or excepted pursuant to Paragraph (d) of
				  this Rule, all advertisements required by Rule .0301 of this Section shall be
				  posted through the Division's Electronic Bid System for at least 10 calendar
				  days, unless a memo requesting a waiver is received by the Division and
				  approved by the SPO in accordance with the Rule .1401 of the Section. The
				  Purchasing Agency may also solicit bids via direct mailings or additional
				  advertisement so long as the requirements of this Paragraph are met.
(b) The required data to be advertised shall
				  include the complete Solicitation document with agency name, buyer name, phone
				  number and address for accessing hard copies of the Solicitation, solicitation
				  identification number, title, description of the commodity, service or printing
				  requirement, and the opening date, time and place.
(c) Within three working days from the award
				  of a contract that has been advertised through the Division's Electronic Bid
				  System, Purchasing Agencies shall transmit an award notice to the Division's
				  Electronic Bid System. The award notice shall be posted for at least 30
				  consecutive calendar days. This award notice shall identify the contract and
				  award information.
(d) Exceptions
				  to this Rule are as follows:
(1) If the
				  Purchasing Agency is unable to transmit the advertisement or award notice
				  electronically, that agency may submit the data to the Division to transmit
				  electronically, or the agency may place the advertisement (excluding the
				  complete Solicitation document) via newspaper. If advertised via newspaper, the
				  agency shall be responsible for placing the advertisement and no award notice
				  shall be required.
(2) If a
				  Purchasing Agency is unable to electronically transmit an attachment to the
				  Solicitation, the Purchasing Agency shall include instructions to obtain the
				  attachment in the advertisement.
(3) If a Purchasing Agency is unable to
				  electronically transmit a Solicitation, the Purchasing Agency shall
				  electronically transmit a summary notice that provides interested Vendors with
				  instructions to obtain a copy of the Solicitation.
(4) Reasons a Purchasing Agency may be unable
				  to electronically transmit the documents listed in this Paragraph include
				  computer equipment failure, networking difficulties, or insufficient copies of
				  samples for a printing job.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0317 - MANDATORY CONFERENCES/SITE VISITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  When a Solicitation requires potential Vendors to attend a mandatory conference
				  or mandatory site visit, the date, time, location, and other details of the
				  conference or site visit shall be given in the Solicitation, and in the
				  advertisement when required by Rule .0316 of this Section.
(b) If only one Vendor attends the mandatory
				  conference or mandatory site visit, the Purchasing Agency may conduct or
				  postpone the conference or site visit. The Purchasing Agency shall review the
				  Solicitation and factors set out in Rule .1401 of this Section to determine
				  whether any Competition is available and why only one potential Vendor
				  attended. The Purchasing Agency may schedule another conference or site visit
				  if it determines that Competition is available, and it would be in the best
				  interest of the State. If it is determined that there is no Competition
				  available, then the Procurement may be subject to approval for a waiver of
				  Competition pursuant to Rules .1401 and .1402 of this Subchapter.
(c) The Purchasing Agency shall document
				  details of the conference or site visit as part of the official Procurement
				  records.
(d) Any and all questions
				  or Clarifications by a potential Vendor regarding a Solicitation shall be
				  addressed to the Purchasing Agency named on the Solicitation. Any and all
				  revisions to the Solicitation shall be made only by written addendum from the
				  Purchasing Agency.
Authority
					 G.S.
					 143-52;
					 143-53;
Eff. April 1,
					 1999;
Readopted Eff. October 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0318 - TERMS AND CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In this Rule,
				  the Division establishes standard terms and conditions for use in Contracts
				  with the State.
(b) In addition to
				  any contract provisions specifically required by an applicable statute or rule,
				  standard terms and conditions should contain provisions relating to:
(1) The rights and responsibilities of the
				  parties, including performance, payment terms, services terms, and condition
				  and packaging of Goods;
(2)
				  Contract terms, including:
(A)
				  default;
(B) termination;
(C) remedies;
(D) governing law;
(E) insurance coverage
				  requirements;
(F) assignment and
				  delegation;
(G)
				  confidentiality;
(H)
				  indemnification;
(I) conflict of
				  terms;
(J) order of
				  precedence;
(K)
				  warranties;
(L)
				  integration;
(M)
				  amendments;
(N) no
				  waiver;
(O) licensing provisions;
				  and
(P) force majeure;
(3) Contract terms required in
				  Contracts with the State such as protections for State data and property,
				  availability of State funds, vendor advertising, access by the State Auditor to
				  persons and records, electronic procurement and related fees, electronic
				  records, applicability of taxes, sovereign immunity, compliance with
				  non-discrimination statutes, and provisions relating to the utilization of
				  federal funds; and
(4) Other
				  provisions to protect the State from legal and other risks, as necessitated by
				  current legal, market, and business conditions.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0319 - CONTRACT TERM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as
				  allowed in
				  G.S.
				  143-53(d), the Agency's
				  executive officer, or his or her designee, shall develop procedures consistent
				  with this Chapter for approving Contract terms up to three years.
(b) Except as otherwise provided by statute,
				  a Contract with a term that exceeds three years, including the Initial Contract
				  Term and any Renewal and Extension, requires approval of the SPO prior to
				  posting the Solicitation. Requests for approval may be made through the
				  Electronic Bid System.
(c) No
				  Contract may contain a provision that provides for more than two one-year
				  Renewals without prior approval of the SPO.
(d) SPO approval may be granted after
				  consideration of the factors in Rule .0321 of this Section or when the SPO
				  determines it is most advantageous to the State in accordance with
				  G.S.
				  143-52(a).
Authority
					 G.S.
					 143-49;
					 143-52;
					 143-53;
					 143-135.9;
Eff. March
					 1, 2022.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0320 - CONTRACT EXTENSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as
				  allowed in
				  G.S.
				  143-53(d), any Extension
				  beyond the term originally provided in the Contract that would result in a
				  total Contract term that exceeds three years shall be by approval of the SPO
				  prior to the expiration of the initial Contract or Renewal as provided in Rule
				  .0319 of this Section, after consideration of the factors set forth in Rule
				  .0321.
(b) When an Agency
				  determines, through consideration of the factors listed in Rule .0321 of this
				  Section, that a Contract Extension is most advantageous to the State, as
				  defined by
				  G.S.
				  143-52, the Agency shall publicly post a
				  notification of the Extension on the Electronic Bid System. The notification
				  shall state for any Contract Extension:
(1)
				  the original bid number;
(2) the
				  awarded Vendor;
(3) the Contract
				  start and end dates;
(4) the
				  original Contract amount;
(5) the
				  revised end date;
(6) an
				  explanation of any pricing modification to be included; and
(7) Agency and Contract Manager contact
				  information.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES › Section 05B .0321 - FACTORS FOR CONTRACT EXTENSION OR RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Before exercising a Renewal or seeking an Extension of a Contract as provided
				  in this Section, the Agency shall consider and document in the official file,
				  in accordance with
				  01 NCAC
				  05B .1903, the following factors:
(1) market research that reveals any changes
				  in the industry subject to the Contract;
(2) the Vendor's past performance under the
				  Contract;
(3) existence of new risk
				  factors not present at award that increase the risk of unsuccessful contract
				  performance;
(4) the presence and
				  effectiveness of any performance-based contract provisions and
				  metrics;
(5) the impact of
				  transitioning to a new Vendor on the Agency's ability to meet the requirements
				  of its programs; and
(6) any other
				  requirements of State or federal statutes or rules.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0400 - INFORMAL PROPOSALS (QUOTATION) PROCEDURE › Section 05B .0401-.0403

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-52;
					 143-53;
					 143-53.1;
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff. February 1, 1996; January 1, 1985;
Temporary Repeal
					 Eff. February 15, 1998 (1 NCAC 05B
					 .0401);
Repealed Eff. April 1,
					 1999.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0400 - INFORMAL PROPOSALS (QUOTATION) PROCEDURE › Section 05B .0404 - REPEALED - DELEGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 July 1, 1987; January 1, 1985;
Repealed Eff. February 1,
					 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0500 - REJECTION OF OFFERS › Section 05B .0501 - REJECTION OR CANCELLATION OF OFFERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any Offers received in response to a Solicitation may be rejected. The basis
				  for rejection may include the following:
(1)
				  the Offer does not address the requirements in the Solicitation for bid
				  regarding quantity, quality, delivery, price or service;
(2) the Offer does not comply with the
				  conditions set forth in the Solicitation for bid;
(3) the Purchasing Agency determines there is
				  a lack of Competition;
(4) the
				  Solicitation contains errors;
(5)
				  cancellation of or changes to the project reference in the
				  Solicitation;
(6) dual or similar
				  Offers which prevent a Best Value Procurement to be determined; or
(7) limitation or lack of available funds of
				  the Purchasing Agency.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0500 - REJECTION OF OFFERS › Section 05B .0502 - PUBLIC RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-52;
					 143-53;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Repealed Eff. October 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0500 - REJECTION OF OFFERS › Section 05B .0503 - NEGOTIATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Purchasing
				  Agency may negotiate with one or more Responsive Vendors or reject all Offers
				  under the provisions of Rule .0501 of this Subchapter and negotiate with one or
				  more sources of supply that may be capable of satisfying the requirement.
				  Negotiations may also be conducted under conditions that merit a waiver of
				  Competition pursuant to Rule .1401 of this Section.
(b) Negotiations shall be conducted by the
				  Purchasing Agency if the Solicitation is under its Bid Value Benchmark or
				  General Delegation. A Purchasing Agency may request the participation of the
				  Division in any Negotiation.
(c)
				  Negotiations shall be memorialized by a written agreement executed by the
				  parties and issued by the Division.
(d) All Negotiation results shall be
				  documented in writing for public record.
Authority
					 G.S.
					 143-52;
					 143-53;
					 143-60;
Eff. February
					 1, 1996;
Amended Eff. April 1, 1999;
Readopted Eff.
					 October 1, 2019;
Amended Eff. August 1,
					 2020.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0600 - PURCHASE OF USED ITEMS › Section 05B .0601 - GENERAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Rules of this Subchapter regarding seeking competition
					 shall be followed wherever feasible, when it appears that the acquisition of
					 used commodities is in the public interest.
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted February 27, 1979;
Amended Eff. April
					 1, 1999; February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0600 - PURCHASE OF USED ITEMS › Section 05B .0602 - ACQUISITION IN BEST INTEREST OF STATE

Current through Register Vol. 39, No. 2, July 15, 2024
Solicitation documents on used items may or may not include
					 a request for prices on like new products, but in either case acquisition may
					 be made on the basis of that which is considered most advantageous for the
					 intended purpose.
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0700 - REMOVAL OF CERTAIN ITEMS FROM GENERAL CONSTRUCTION › Section 05B .0701 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
Every agency shall review the items being included in a
					 construction/renovation project and remove any items that it considers are
					 non-related to the actual construction/renovation of the building. Items that
					 are considered commodities or just furnishings, and that would complete the
					 project for use by the agency, shall be handled in accordance with the rules of
					 this Chapter. Items that are usually removed for construction/renovation
					 projects include carpet, office panel systems, food service equipment, and
					 furniture. If an agency determines that one of these items, or any item that is
					 normally handled as a commodity purchase, is best suited for inclusion in the
					 construction/renovation project, the agency's justification shall be documented
					 in writing for public record.
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0700 - REMOVAL OF CERTAIN ITEMS FROM GENERAL CONSTRUCTION › Section 05B .0702 - REPEALED - TURN KEY PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-341(3);
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Repealed Eff. February 1, 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0800 - PRINTING › Section 05B .0801-.0802

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-49;
					 143-53;
Eff. February
					 1, 1976;
Readopted February 27, 1979;
Amended Eff.
					 February 1, 1996; January 1, 1985;
Temporary Repeal Eff. February
					 15, 1998;
Repealed Eff. April 1,
					 1999.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0800 - PRINTING › Section 05B .0803-.0808

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-49;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Repealed Eff.
					 February 1, 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0800 - PRINTING › Section 05B .0809 - REPEALED - MULTI COLOR PROCESS PRINTING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-169;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Repealed Eff.
					 June 1, 1987.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0800 - PRINTING › Section 05B .0810 - REPEALED - STATEMENT OF COST OF PUBLIC DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-170.1;
Eff. July 1,
					 1987;
Repealed Eff. February 1,
					 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0900 - INSPECTION AND TESTING › Section 05B .0901 - RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
In general, it is the responsibility of the receiving
					 agency to inspect all materials, supplies, and equipment upon delivery to
					 insure compliance with the contract requirements and specifications. However,
					 when the contract requires an inspection by the Division of Purchase and
					 Contract, it shall be conducted by a designee of the
					 Division.
Authority
					 G.S.
					 143-60;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0900 - INSPECTION AND TESTING › Section 05B .0902 - SELECTION

Current through Register Vol. 39, No. 2, July 15, 2024
The Division may periodically inspect any items to insure
					 that specifications are met. The agency must insure that items and services
					 purchased comply with applicable codes, statutes, local ordinances, policies or
					 safety requirements.
Authority
					 G.S.
					 143-60;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0900 - INSPECTION AND TESTING › Section 05B .0903 - REINSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division may re-inspect any item or service performed
					 and reverse an agency decision when justified.
Authority
					 G.S.
					 143-60;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0900 - INSPECTION AND TESTING › Section 05B .0904 - SAMPLES

Current through Register Vol. 39, No. 2, July 15, 2024
When samples are required in response to a solicitation
					 document issued by the Division of Purchase and Contract, the Division shall
					 test, or have tested, those samples. Samples shall not be sent directly to
					 laboratories outside the Division of Purchase and Contract or agency unless it
					 is determined by the Division that these facilities do not have the capability,
					 time, or expertise needed.
Authority
					 G.S.
					 143-60;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0900 - INSPECTION AND TESTING › Section 05B .0905 - SPECIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
When it is determined to be advantageous, the agency which
					 awarded the contract 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 agency's benchmark or delegation, then prior written
					 approval shall be obtained from the Division of Purchase and Contract,
					 regardless of what agency initially awarded the contract.
Authority
					 G.S.
					 143-53;
					 143-60;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .0900 - INSPECTION AND TESTING › Section 05B .0906 - REPORT OF DISCREPANCY

Current through Register Vol. 39, No. 2, July 15, 2024
Where commodities, services or printing delivered fail to
					 meet the specifications or contract requirements, the discrepancy shall be
					 resolved by the agency which issued the solicitation
					 document.
Authority
					 G.S.
					 143-53;
					 143-60;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1000 - GUARANTEES AND WARRANTIES › Section 05B .1001 - ENFORCEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Using agencies shall enforce the contractual guarantee or
					 warranty applying to the supplies, materials, and equipment
					 purchased.
Authority
					 G.S.
					 143-60;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1000 - GUARANTEES AND WARRANTIES › Section 05B .1002 - REPORT TO PURCHASING

Current through Register Vol. 39, No. 2, July 15, 2024
If any agency has difficulty in obtaining satisfactory
					 performance, including service as provided for in a guarantee or warranty,
					 under a contract handled by the Division of Purchase and Contract, the matter
					 shall be referred to the Division of Purchase and Contract for attention and
					 appropriate action.
Authority
					 G.S.
					 143-60;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1000 - GUARANTEES AND WARRANTIES › Section 05B .1003 - RESPONSIBILITY OF USING AGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
The using agency must notify the vendor promptly when
					 latent or other defects are discovered. In the event the vendor fails to remedy
					 the condition reported, and the contract was handled by the Division of
					 Purchase and Contract, the matter shall be referred to the Division of Purchase
					 and Contract.
Authority
					 G.S.
					 143-60;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1100 - TERM CONTRACTS › Section 05B .1101 - USE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Term contracts, known also as indefinite
				  quantity or requirements contracts, are used generally to establish suppliers
				  and prices of a given commodity, group of commodities, printing, or services
				  for a period of time without guaranteed quantities being specified. Statewide
				  term contracts consolidate normal requirements of all agencies into one
				  agreement and shall be handled by the Division of Purchase and
				  Contract.
(b) A term contract is a
				  binding agreement between purchaser and seller to buy and sell certain
				  commodities, printing, or services at certain prices and under stipulated terms
				  and conditions. It is neither an "approved list" nor a list of approved or
				  ceiling prices. No agency may purchase any commodities, printing, or services
				  covered by a statewide term contract from any other sources.
(c) A term contract shall be based upon
				  competition, where available, with the potential vendors being advised as to
				  the agency(s)' business they are competing for and, if successful, the
				  agency(s)' business they have earned.
(d) Agencies may handle agency specific term
				  contracts for use by their agency if the expenditure over the term of the
				  contract is under their benchmark or delegation, and the commodity, printing,
				  or service is not covered by a statewide term contract.
(e) Rules applying to service and printing
				  contracts do not apply to local school administrative units or community
				  colleges.
Authority
					 G.S.
					 115C-522;
					 115D-58.5;
					 143-52;
					 143-53;
					 143-55;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1100 - TERM CONTRACTS › Section 05B .1102 - DETERMINING FACTORS

Current through Register Vol. 39, No. 2, July 15, 2024
In determining whether a product should be on a statewide
					 term contract, the Division shall consider such factors as volume, nature of
					 the product, repetitiveness of use, relative stability of prices, and
					 transportation costs. In determining whether a product should be on an agency
					 specific term contract, the agency shall consider such factors as volume,
					 nature of the product, repetitiveness of use, relative stability of prices, and
					 transportation costs.
Authority
					 G.S.
					 143-52;
					 143-53;
					 143-55;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1100 - TERM CONTRACTS › Section 05B .1103-.1104

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-52;
					 143-55;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Repealed
					 Eff. February 1, 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1100 - TERM CONTRACTS › Section 05B .1105 - SPECIAL ITEMS

Current through Register Vol. 39, No. 2, July 15, 2024
In situations where a general type of item is covered by a
					 term contract but a special type item is needed for a particular application,
					 the agency may proceed with the purchase of the special type item under the
					 rules of this Chapter. The need for the special type item in lieu of the
					 general type item shall be justified by the agency/user in writing and the
					 agency file documented for public record.
Authority
					 G.S.
					 143-52;
					 143-53;
					 143-55;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1100 - TERM CONTRACTS › Section 05B .1106 - REPEALED - DISCOUNT SCHEDULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-52;
					 143-55;
					 143-58;
					 143-49;
Eff. February
					 1, 1976;
Readopted Eff. February 27, 1979;
Repealed
					 Eff. February 1, 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1100 - TERM CONTRACTS › Section 05B .1107 - REPEALED - ANTI INFLATION COMPLIANCE: TERM CONTRACT PRICE INCREASES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-52;
					 143-53;
					 143-55;
Eff. February
					 27, 1979;
Repealed Eff. June 1,
					 1986.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1100 - TERM CONTRACTS › Section 05B .1108 - EXTENSION OF CONTRACT TERMINATION DATES

Current through Register Vol. 39, No. 2, July 15, 2024
When in the best interest of the State, Vendors may be
					 requested to extend the scheduled termination dates of contracts. Extensions
					 shall not result in a change in the prices stated in the original contract
					 unless agreed to by the Purchasing Agency in writing. Extensions that result in
					 an annual contract value exceeding a Purchasing Agency's delegation must be
					 submitted to the Division for approval based on the determining factors set
					 forth in Rule .1102 of this Section.
Authority
					 G.S.
					 143-52;
					 143-49;
Eff. February
					 1, 1996;
Readopted Eff. October 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1200 - PARTIAL AND MULTIPLE AWARDS › Section 05B .1201 - USE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Purchasing Agency may make a partial,
				  multiple or Progressive award for the following reasons:
(1) there are insufficient funds to make a
				  full award;
(2) a legislative
				  mandate;
(3) if the Purchasing
				  Agency determines that it is in the best interests of the State to award
				  separately by items; or
(4) if more
				  than one supplier is needed to meet the Specifications as to quantity, quality,
				  delivery, services, or geographical areas as set forth in the
				  Solicitation.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1200 - PARTIAL AND MULTIPLE AWARDS › Section 05B .1202 - REPEALED - SELECTION FROM LISTS OF SUPPLIERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-53(6);
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Repealed Eff. February 1, 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1300 - SMALL PURCHASES › Section 05B .1301 - REPEALED - PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 February 1, 1996;
Temporary Repeal Eff. February 15,
					 1998;
Repealed Eff. April 1,
					 1999.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1300 - SMALL PURCHASES › Section 05B .1302 - REPEALED - DOLLAR LIMITATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Repealed Eff.
					 February 1, 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1300 - SMALL PURCHASES › Section 05B .1303 - REPEALED - DESIGNATION OF AUTHORIZED PERSONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Repealed Eff.
					 April 1, 1999.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 05 - PURCHASE AND CONTRACT › Subchapter B - PURCHASE PROCEDURES › Section .1400 - WAIVER OF COMPETITION › Section 05B .1401 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
Under conditions listed in this Rule, and otherwise if
					 deemed to be in the public interest by the SPO or the agency, if under its
					 delegation or benchmark, competition may be waived. Conditions permitting
					 waiver include cases where performance or price competition is not available;
					 where a needed product or service is available from only one source of supply;
					 where emergency action is indicated; where competition has been solicited but
					 no satisfactory offers received; where standardization or compatibility is the
					 overriding consideration; where a donation predicates the source of supply;
					 where personal or particular professional services are required; where a
					 particular medical product or service, or prosthetic appliance is needed; where
					 a product or service is needed for the blind or severely disabled and there are
					 overriding considerations for its use; where additional products or services
					 are needed to complete an ongoing job or task; where products are bought for
					 "over the counter" resale; where a particular product or service is desired for
					 educational, training, experimental, developmental or research work; where
					 equipment is already installed, connected and in service, and it is determined
					 advantageous to purchase it; where items are subject to rapid price fluctuation
					 or immediate acceptance; where there is evidence of resale price maintenance or
					 other control of prices, lawful or unlawful, or collusion on the part of
					 companies which thwarts normal competitive procedures; where the amount of the
					 purchase is too small to justify soliciting competition or where a purchase is
					 being made and a satisfactory price is available from a previous contract;
					 where the requirement is for an authorized cooperative project with another
					 governmental unit(s) or a charitable non-profit organization(s); and where a
					 used item(s) is available on short notice and subject to prior
					 sale.
Authority
					 G.S.
					 143-53;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Amended Eff.
					 April 1, 1999; February 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23,
					 2016.