Section .0100 - General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 01 - administration/chapter 30 - state construction/subchapter g/subchapter g rules.html
Published: 2015

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CHAPTER 30 - STATE CONSTRUCTION OFFICE

 

SUBCHAPTER 30G - STATE BUILDING COMMISSION PROCEDURES AND

CRITERIA FOR AUTHORIZATION TO USE AN ALTERNATIVE CONTRACTING METHOD

 

SECTION .0100 - GENERAL PROVISIONS

 

01 NCAC 30G .0101          AUTHORITY

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.

 

History Note:        Authority G.S. 143-135.26;

Temporary Adoption Eff. July 1, 1996;

Eff. August 1, 1998.

01 NCAC 30G .0102          POLICY

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 1 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.

 

History Note:        Authority G.S. 143-135.26(9)(b);

Temporary Adoption Eff. July 1, 1996;

Eff. August 1, 1998.

 

01 NCAC 30G .0103          DEFINITIONS

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.

(2)           "Chairman" means the Chairman of the

State Building Commission.

(3)           "Construction management delivery system"

means the alternative contracting method where the public owner contracts for a

fee with a single person, but not the project general contractor, who

administers contracts with separate contractors for the construction of the

project and who is responsible as agent to the public owner for the

coordination and management of the project, but where the public owner remains

liable to the separate contractors.

(4)           "Design-build delivery system" means that

the public owner contracts for a fee with a single person for the design,

management and construction of a project.

(5)           "Director" means the Director of the

State Construction Office.

(6)           "Exemption" means the grant of

authorization by the SBC for the use of a method of contracting not otherwise

authorized under G.S. 143-128.

(7)           "Person" means a person, firm or

corporation.

(8)           "Project" means the building or facility

for which an exemption is requested by the public owner, and upon which the

work will be performed.

(9)           "Public owner" means a state agency or

institution, a local government unit, or any other entity subject to the

provisions of G.S. 143-129.

(10)         "SBC" means the State Building Commission.

(11)         "Work" means the erection, repair,

construction, renovation or alteration to be performed upon a building or

facility.

 

History Note:        Authority G.S. 143-135.26;

Temporary Adoption Eff. July 1, 1996;

Eff. August 1, 1998.

 

 

 

01 NCAC 30G .0104          GENERAL PROCEDURES

(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.

(d)  Approval of an Application - Approval of an application

authorizes the public owner to utilize only the alternative contracting method

as proposed by the public owner and no other method of contracting. Approval of



an application shall be effective for a period to be

determined by the SBC but not exceeding 12 months.  Standards used by the SBC

in determining the effective length of an approval shall include, but not be

limited to, the request of the public owner, the experience of the public

owner, the SBC and the Director with the approved method, the recommendation of

the Director, and the nature of the project.  The SBC may extend the effective

time period upon good cause shown by the public owner for no more than an

additional 12 months.  Good cause must be shown by serious reasons including,

but not limited to, unforeseen acts or events that delay the project, acts of

war or terrorism, unavoidable casualties or other causes beyond the public

owner's control.  The extension of an effective time period shall run from the

last day of the prior effective time period.  The effective time period shall

run from the date the SBC approves the application.

(e)  Conflicts of Interest - A member of the SBC is not

qualified to vote upon any matter or influence any other member's vote upon any

matter in which he has a conflict of interest.  A conflict of interest, as

related to members of the SBC having an interest in contracts authorized by the

SBC, is defined in G.S. 143-135.28, and that definition applies to conflicts of

SBC members having an interest in projects for which alternative contracting

methods are authorized by the SBC.

(f)  Public Records - The Director shall maintain a list of

applications which states the name of the public owner, the name of the

project, the project amount, a brief description of the category for which the

exemption is sought, and a record of the SBC's action.  Applications, and a record

of the SBC's action upon those applications, shall be available for public

inspection.

 

History Note:        Authority G.S. 143-135.26;

Temporary Adoption Eff. July 1, 1996;

Eff. August 1, 1998.

 

 

 

01 NCAC 30G .0105          CRITERIA FOR CONSIDERATION

(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.

(b)  Criteria for Exemptions - The following criteria

describe circumstances where the SBC recognizes that a project may not be able

to be reasonably completed under the methods authorized by G.S. 143-128, and

where the use of an alternative contracting system, not otherwise authorized by

G.S. 143-128, may be appropriate and in the public's interest:

(1)           Special Technology or Equipment - The

project involves the erection or construction of special or unique technology

or equipment whose vendor requires that its services be purchased in

conjunction with the technology or equipment; or the vendor guarantees the

technology or equipment only if its services are purchased in conjunction with

the technology or equipment.

(2)           Unusual Complexity - The project involves

one or more of the following conditions:

(A)          very specialized or complex type of construction

involving unconventional construction techniques or materials, or unusual

working conditions;

(B)          major renovations or an addition to an existing

facility requiring continuous coordination of occupied programs or operations

necessary for the protection of public health or safety; or

(C)          extensive repairs, renovations or an addition to a

major building or facility listed either in the North Carolina or Federal

Register of Historic Properties.

(3)           Accelerated Schedule - A fast track

schedule is required due to actual or impending judicial intervention by means

of a State or Federal court order, or to address actual or impending regulatory

mandates or citation for noncompliance.

 

History Note:        Authority G.S. 143-135.26;

Temporary Adoption Eff. July 1, 1996;

Eff. August 1, 1998.