section .0100 – forms, terms and conditions and definitions

Link to law: 09 - governor and lt. governor/chapter 06 - office of information and technology services/subchapter a/subchapter a rules.html
Published: 2015

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subchapter 06a – information technology procurement


section .0100 – forms, terms and conditions and definitions


This Chapter was transferred and recodifed from 4 NCAC 21

effective September 1, 2000. [S.L. 2000-174]



In these Rules the State Chief Information Officer (State

CIO) shall prescribe forms, terms and conditions and advertisement requirements

for acquiring goods and services related to information technology (IT) for use

by purchasing agencies.  The forms, terms and conditions, and advertisement

requirements shall be established taking into consideration market volatility,

trends and conditions, legal requirements, and any other factors determined to

be in the State's best interest.  These shall be made available to all agencies

via the State's designated IT procurement website.


History Note:        Authority G.S. 147-33.76(b1);

147-33.77(f); 147-33.82; 147-33.95(f);

Temporary Adoption Eff. January 1, 2000;

Eff. August 1, 2000;

Amended Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. April 25, 2015.

09 NCAC 06A .0102          DEFINITIONS

For the purpose of this Chapter,

(1)           "Agency/Agencies" is defined as an entity

enumerated in G.S. 147-33.81(6).

(2)           "Best value procurement" is defined as a

procurement process with the objective of reducing the total cost of

ownership.  The particular procurement methods used are selected so as to

result in the best value for the State in terms of the function to be performed

or delivered. Competitive best value procurement allows for the use of

alternate competitive purchasing techniques in addition to low price analysis

in the selection of supply sources.

(3)           "Clarification" is defined as communication

between the State and an offeror that may occur after receipt of an offer for

the purpose of eliminating irregularities, informalities, or apparent clerical

mistakes in an offer. A clarification may also be used to allow the State's

reasonable interpretation of an offer or offers or to facilitate the State's

evaluation of all offers.  Clarification shall not be used to cure material

deficiencies or to negotiate.

(4)           "Commodity" is defined as tangible or

moveable goods, equipment, materials or supplies.

(5)           "Competition" in purchasing exists when the

available market for the goods or services to be acquired consists of more than

one supplier who is technically qualified and willing to submit an offer.

(6)           "Competitive range" is defined as the

range of all of the most highly ranked offers as established in the

solicitation and as determined by the purchasing agency during evaluation of


(7)           "Deficiency" is defined as either a

failure to meet a stated requirement or a combination of weaknesses in an offer

that increases the risk of unsuccessful contract performance.

(8)           "Emergency situations" are defined as

circumstances that endanger lives, property, or the continuation of a vital

program, as determined by the purchasing agency head, and that can be rectified

only by immediate purchases or rental of goods or services.

(9)           "General delegation" is defined as the

authority delegated to the purchasing agency for the procurement of information

technology goods and services. The State CIO may issue general delegations and

special delegations as provided in Rules 06B .1303 and 06B .1304.  Information

technology is defined in G.S. 147-33.81(2).

(10)         "Goods" are defined as information

technology commodities including equipment, materials, or supplies.

(11)         "Negotiation" is defined as oral or

written communications in a waived, limited, or open competitive procurement

between the State and offeror(s) undertaken with the intent of allowing offerors

to revise their offers.  Revisions may apply to price, schedule, technical

requirements, or other terms of the proposed contract.  Negotiations are

specific to each offer and shall be conducted to maximize the State's ability

to obtain best value based on the evaluation factors set forth in the

solicitation.  The State may reward technical solutions exceeding mandatory

minimums with higher evaluations or negotiate with offerors for increased

performance beyond mandatory minimums.

(12)         "Offer" is defined as a bid or proposal

submitted in response to any solicitation document utilizing "Best Value"

procurement methodology including Invitation for Bids (IFB), Request for

Proposals (RFP), Request for Quotations (RFQ), negotiation, or other

acquisition processes, as well as responses to solution-based solicitations and

government-vendor partnerships.

(13)         "Packaged software," or "commercial

off the shelf software" (COTS) is an information technology commodity and

is defined as software used regularly for other than government purposes and is

sold, licensed, or leased to the general public or commercial enterprises at a

vendor's catalog prices.

(14)         "Pressing need" is defined as a need

arising from unforeseen causes including delay by contractors, delay in

transportation, breakdown in machinery, or unanticipated volume of work, and

which can be satisfied only by immediate purchase (or rental) of equipment,

supplies, materials, or contractual services.

(15)         "Price" is defined as the amount paid by

the State to a vendor for a good or service.

(16)         "Procurement" is defined as the process of

acquiring goods or services.

(17)         "Progressive award" is defined as an award

of portions of a definite quantity requirement to more than one contractor.

Each portion is for a definite quantity and the sum of the portions is the

total quantity procured. A progressive award may be in the purchasing agency's

best interest when the awards to more than one offeror for different amounts of

the same item are needed to obtain the total quantity or the time or times of

delivery required.

(18)         "Purchasing agency," or purchaser, is

defined as the agency that issues the purchase order and thereby awards a


(19)         "Responsible offeror" is defined as an

offeror who demonstrates in its offer that it has the capability to perform

fully the requirements of the solicitation.

(20)         "Responsive offer" is defined as an offer

that conforms to the solicitation in all material respects.

(21)         "Sealed offer" is defined as an offer that

remains unopened until the public opening time stated in the solicitation.

Offers are typically submitted sealed to meet this requirement, but electronic

submission is permitted if the purchasing agency has the capability to maintain

the confidentiality of the offer until the scheduled public opening time.

(22)         "Service" is defined as any work performed

to meet any demand or need for information technology requiring specialized

knowledge, experience, expertise, professional qualifications, or similar

capabilities for any aspect of information technology. This includes performance,

review, analysis, development, integration, installation, or advice in

formulating or implementing improvements in programs or services.

(23)         "Small purchase" is defined as the

purchase of goods and services where the expenditure of public funds is within

the purchasing agency's delegated authority.

(24)         "Solicitation document" is defined as a

written or electronic Invitation for Bid (IFB), Request for Quote (RFQ),

Request for Proposal (RFP) or Request for Information (RFI) document or other such

documents approved under Rule 06B .0201 expressly used to solicit, invite offers,

or request information regarding the acquisition of goods and services.

(25)         "State Chief Information Officer" (State

CIO) is the person appointed to manage and administer the Office of Information

Technology Services (ITS), and as used herein shall include the State CIO or

the State CIO's designee.

(26)         "State CIO approval, limitation or determination,"

as used herein, is the judgment applied to the particular factual basis for the

procurement decision under the rule or rules, utilizing the knowledge and

qualifications of the office, the needs of the State, and information provided

by the agencies involved.

(27)         "Tabulation" is defined as a list of

offeror(s) submitting offer(s) in response to a particular solicitation.

(28)         "Total cost of ownership" is defined as a

summation of all purchase, operating, and related costs for the projected

lifetime of a good or a service.

(29)         "Weakness" is defined as a flaw in the

offer that increases the risk of unsuccessful contract performance.


History Note:        Authority G.S. 143-135.9; 147-33.82; 147-33.76(b1);

Temporary Adoption Eff. January 1, 2000;

Eff. August 1, 2000;

Amended Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. April 25, 2015.




History Note:        Authority G.S. 143-52.1; 147-33.76(b1); 147-33.101(a);

Temporary Adoption Eff. January 1, 2000;

Eff. August 1, 2000;

Amended Eff. September 1, 2013; March 1, 2001;

Pursuant to G.S. 150B-21.3A, rule Expired May 1, 2015.