section .0300 – procurement authorization and procedures

 

09 ncac 06b .0301          PROCUREMENT PROCEDURES

(a)  The procurement process of requesting or inviting an

offer(s) shall be managed by the purchasing agency, including use of standard

solicitation document language and terms and conditions established by the

State CIO. If an emergency situation or pressing need exists, the procurement

process requesting or inviting an offer(s) shall also be managed by the

purchasing agency, including the standard terms and conditions issued by the

State CIO, unless circumstances prohibit their use.

(b)  All information technology purchases involving the

expenditure of state funds by the purchasing agency shall be competitively bid in

conformity with the "Best Value" information technology procurement

requirements in G.S. 143-135.9 and Rule .0302 of this Section.  Exemptions may

be granted by the State CIO where limited competition, waiver of competition (See

Rule .0901 of this Subchapter), special delegation (see Rules .1303 and .1304

of this Section), exemption, or an emergency purchase is permitted by rule.  Purchasing

agency procurements not included in a statewide term, convenience, enterprise

contract, or master agreement established by the State CIO shall comply with

the applicable general delegations and procedures (Rule .1304 of this Section):

(c)  Agency Purchases:  The agency head, or designee, shall

set forth in writing procedures for making purchases. For purchases where the

total requirements for goods and services involve an expenditure of state funds

that does not exceed the purchasing agency's general or special delegation

established by the State CIO, offers in conformity with G.S. 143-135.9 shall be

solicited as follows:

(1)           The purchasing agency may advertise

solicitations for offers to provide small purchases through the State's

designated IT procurement website(s) or by an alternate method of advertising,

as may be approved by the State CIO in accordance with Rule .0314 of this Section;

(2)           The purchasing agency shall award contracts

for purchases.

(d)  For purchases governed by statute, where the total

requirements for goods and services involve an expenditure of State funds that exceeds

the purchasing agency's general or special delegation established by the State CIO,

offers in conformity with G.S. 143-135.9 shall be solicited as follows to

encourage competition:

(1)           The purchasing agency shall issue documents

soliciting, requesting or inviting offers, as published by ITS;

(2)           The purchasing agency shall include in

solicitation documents standard language, including general or standard terms

and conditions for technology purchases as published by ITS and in conformance

with Rule .0316 of this Section. If additional terms and conditions are used,

they shall not conflict with standard terms and conditions published pursuant

to 09 NCAC 06A .0101 unless prior written approval is obtained under Rule .0201

of this Subchapter; and

(3)           The purchasing agency may also request from

the State CIO, known vendor sources amenable to competing for award of various

State procurements.

(4)           For purchases exceeding an agency's general

or special delegation, the purchasing agency shall submit drafts of solicitation

documents to the State CIO for approval prior to proceeding with the procurement

process.  The State CIO shall then engage in a review and approval process of

such solicitation documents to ensure that proposed and actual IT procurements

are advantageous to the State:

(A)          After completing review and evaluation of offers

received, the purchasing agency may prepare and submit to the State CIO for

review a draft recommendation for award;

(B)          After completing review and evaluation of offers

received, the purchasing agency shall submit to the State CIO a written, final

recommendation for award, including a copy of all offers received and all

supporting documentation with its recommendation;

(C)          The State CIO shall then review and either approve

the recommendation or direct modification to the recommended procurement action

as deemed in the best interest of the State or as directed by the State CIO, (e.g.,

award, cancellation, rebid, negotiation with known sources of supply, etc.);

(D)          The State CIO shall notify the purchasing agency of

any decision regarding that recommended procurement action; and

(E)           Upon receipt of the State CIO notification, the

purchasing agency shall proceed with the respective procurement action as

directed.

(5)           A contract term shall not be awarded for

more than three years including extensions and renewals, without the prior

approval of the State CIO, based on a determination that it is advantageous to

the State.

 

History Note:        Authority G.S. 143-135.9; 147-33.76(b1); 147-33.91;

147-33.95;  

Temporary Adoption Eff. January 1, 2000;

Eff. August 1, 2000;

Amended Eff. September 1, 2013.