Section .0300 ‑ Procurement Authorization And Procedures

Link to law: http://reports.oah.state.nc.us/ncac/title 01 - administration/chapter 05 - purchase and contract/subchapter b/01 ncac 05b .0301.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
SECTION .0300 ‑ PROCUREMENT AUTHORIZATION AND PROCEDURES

 

01 NCAC 05B .0301          CONTRACTING REQUIREMENTS

Except where a waiver, special delegation, exemption, or an

emergency purchase is permitted by rule, all purchases involving the

expenditure of public funds made by universities and other agencies for

commodities, services and printing, not covered by statewide term contracts,

shall comply with the following delegations and procedures:

(1)           Small Purchases:  A small purchase is defined as

the purchase of commodities, services or printing, not covered by a  term

contract, involving an expenditure of public funds of five thousand dollars

($5,000) or less.  The executive officer of each agency, or his designee, shall

set forth, in writing, purchasing procedures for making small purchases.  The

using agency shall award contracts for small purchases. The SPO may require a

copy of the small purchase procedures be sent to the Division of Purchase and

Contract.

(2)           Purchases Governed by General Delegation or

Statute:

(a)           For purchases made by a university or agency

involving an expenditure of public funds over five thousand dollars ($5,000),

up to the benchmark established for a university under the provisions of G.S.

116-31.10, and up to the general delegation limit for agencies established by

the SPO under the provisions of G.S. 143-53(a)(2):

(i)            Competition shall be solicited;

(ii)           Solicitation documents requesting or

inviting offers shall be issued;

(iii)          Solicitation documents shall include

standard language, including terms and conditions as published by the Division

of Purchase and Contract on its home web page, unless prior written approval is

obtained from the Division for unusual requirements. If additional terms and

conditions are used, they shall not conflict with the Division's standard terms

and conditions, unless prior written approval is obtained from the Division for

unusual requirements; and

(iv)          Mailing lists, if available from the

Division of Purchase and Contract, may be requested and used in addition to

mailing lists maintained by the university or agency for the purpose of

soliciting competition.

(b)           Agencies and universities shall advertise

their solicitations through the Division of Purchase and Contract for the

following purchases:

(i)            Agencies: For purchases involving an

expenditure of public funds exceeding ten thousand dollars ($10,000), up to the

general delegation limit for an agency established by the SPO under the

provisions of G.S. 143-53(a)(2);

(ii)           Universities: For purchases involving an

expenditure of public funds exceeding twenty five thousand dollars ($25,000),

up to the benchmark established for a university under the provisions of G.S.

116-31.10.

Agencies and universities may advertise solicitations on

smaller dollar purchases through the Division of Purchase and Contract.

(c)           The using agency shall award contracts under

the statutory limit for universities and the general delegation for all other

agencies.

(3)           Competitive Bidding Procedure:  Where the total

requirements for commodities, services or printing jobs involve an expenditure

of public funds in excess of the expenditure benchmark established under the

provisions of G.S. 116-31.10 or the general delegations established by the SPO

under the provisions of G.S. 143-53(a)(2), the competitive bidding procedure as

defined in G.S. 143-52 shall be utilized as follows:

(a)           Sealed offers for commodities and printing

shall be solicited by the Division of Purchase and Contract via advertisement;

(b)           For service contracts, the universities and

other agencies shall solicit sealed offers for their university/agency in

accordance with the rules established for Sub-items (2)(a) and (b) of this

Rule. After opening and completing the evaluation of offers received, the

agency shall prepare a written recommendation for award, and if over the

benchmark established under G.S. 116-31.10 or the general delegations

established by the SPO, shall submit a copy of all offers received and their

recommendation of award or other action to the Division of Purchase and

Contract for approval or other action deemed necessary by the SPO (Examples:

cancellation, negotiation, etc.).  Notice of the Division of Purchase and

Contract's decision shall be sent to the agency.  The using agency shall award

contracts for services;

(c)           Sealed offers for statewide term contracts

for commodities, printing and services shall be solicited by the Division of

Purchase and Contract via advertisement.

(4)           For each service contract handled by the agency,

the agency shall prepare a task description of the services and desired

results.  Task descriptions shall contain all of the following:

(a)           The date(s) of service (The contract shall

not be for more than three years including extensions and renewals, without the

prior approval of the SPO for unusual requirements);

(b)           Detailed specifications or type and level of

work required;

(c)           What the State shall furnish;

(d)           What the contractor shall furnish;

(e)           The method, schedule, and procedures for

billing and payments; and

(f)            Other subject matters bearing on the

conduct of the work.

(5)           Rules applying to service and printing contracts do

not apply to local school administrative units or community colleges.

 

History Note:        Authority G.S. 143-49; 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 Amendment Eff. February 15, 1998;

Amended Eff. April 1, 1999.