§ 143‑52. Competitivebidding procedure; consolidation of estimates by Secretary; bids; awarding ofcontracts.
(a) As feasible, theSecretary of Administration will compile and consolidate all such estimates ofsupplies, materials, printing, equipment and contractual services needed andrequired by State departments, institutions and agencies to determine the totalrequirements of any given commodity. Where such total requirements will involvean expenditure in excess of the expenditure benchmark established under theprovisions of G.S. 143‑53.1 and where the competitive bidding procedureis employed as hereinafter provided, sealed bids shall be solicited byadvertisement in a newspaper widely distributed in this State or throughelectronic means, or both, as determined by the Secretary to be mostadvantageous, at least once and at least 10 days prior to the date designatedfor opening. Except as otherwise provided under this Article, contracts for thepurchase of supplies, materials or equipment shall be based on competitive bidsand acceptance made of the lowest and best bid(s) most advantageous to theState as determined upon consideration of the following criteria: pricesoffered; the quality of the articles offered; the general reputation andperformance capabilities of the bidders; the substantial conformity with thespecifications and other conditions set forth in the request for bids; thesuitability of the articles for the intended use; the personal or relatedservices needed; the transportation charges; the date or dates of delivery andperformance; and such other factor(s) deemed pertinent or peculiar to thepurchase in question, which if controlling shall be made a matter of record.Competitive bids on such contracts shall be received in accordance with rulesand regulations to be adopted by the Secretary of Administration, which rulesand regulations shall prescribe for the manner, time and place for properadvertisement for such bids, the time and place when bids will be received, thearticles for which such bids are to be submitted and the specificationsprescribed for such articles, the number of the articles desired or theduration of the proposed contract, and the amount, if any, of bonds orcertified checks to accompany the bids. Bids shall be publicly opened. Any andall bids received may be rejected. Each and every bid conforming to the termsof the invitation, together with the name of the bidder, shall be tabulated andthat tabulation shall become public record in accordance with the rules adoptedby the Secretary. All contract information shall be made a matter of publicrecord after the award of contract. Provided, that trade secrets, test data andsimilar proprietary information may remain confidential. A bond for thefaithful performance of any contract may be required of the successful bidderat bidder's expense and in the discretion of the Secretary of Administration.When the dollar value of a contract for the purchase, lease, or lease/purchaseof equipment, materials, and supplies exceeds the benchmark established by G.S.143‑53.1, the contract shall be reviewed by the Board of Awards pursuantto G.S. 143‑52.1 prior to the contract being awarded. After contractshave been awarded, the Secretary of Administration shall certify to the departments,institutions and agencies of the State government the sources of supply and thecontract price of the supplies, materials and equipment so contracted for.
(b) (Expires June30, 2012) All contracts for goods, equipment, or services awarded by the Departmentof Administration, State departments, institutions, agencies, universities, andcommunity colleges using funds from the American Recovery and Reinvestment Actof 2009 (ARRA) (Public Law 111‑5) shall be awarded to the maximum extentpracticable using fixed‑priced contracts and competitive procedures. TheSecretary of Administration, in coordination with the Office of EconomicRecovery and Investment (OERI), shall adopt rules, regulations, and policiesthat will promote the efficient and expeditious award of ARRA contracts incompliance with the requirements of ARRA and ARRA's rules, regulations,directives, and guidance, as well as directives issued by OERI. (1931, c. 261, s. 5; 1933,c. 441, s. 1; 1957, c. 269, s. 3; 1971, c. 587, s. 1; 1975, c. 879, s. 46;1981, c. 602, ss. 2, 3; 1983, c. 717, s. 61; 1985 (Reg. Sess., 1986), c. 955,ss. 83‑86; 1989 (Reg. Sess., 1990), c. 936, s. 3(a); 1997‑412, s.2; 1999‑434, s. 12; 2006‑203, s. 83; 2009‑475, s. 1.)
§ 143‑52. Competitivebidding procedure; consolidation of estimates by Secretary; bids; awarding ofcontracts.
(a) As feasible, theSecretary of Administration will compile and consolidate all such estimates ofsupplies, materials, printing, equipment and contractual services needed andrequired by State departments, institutions and agencies to determine the totalrequirements of any given commodity. Where such total requirements will involvean expenditure in excess of the expenditure benchmark established under theprovisions of G.S. 143‑53.1 and where the competitive bidding procedureis employed as hereinafter provided, sealed bids shall be solicited byadvertisement in a newspaper widely distributed in this State or throughelectronic means, or both, as determined by the Secretary to be mostadvantageous, at least once and at least 10 days prior to the date designatedfor opening. Except as otherwise provided under this Article, contracts for thepurchase of supplies, materials or equipment shall be based on competitive bidsand acceptance made of the lowest and best bid(s) most advantageous to theState as determined upon consideration of the following criteria: pricesoffered; the quality of the articles offered; the general reputation andperformance capabilities of the bidders; the substantial conformity with thespecifications and other conditions set forth in the request for bids; thesuitability of the articles for the intended use; the personal or relatedservices needed; the transportation charges; the date or dates of delivery andperformance; and such other factor(s) deemed pertinent or peculiar to thepurchase in question, which if controlling shall be made a matter of record.Competitive bids on such contracts shall be received in accordance with rulesand regulations to be adopted by the Secretary of Administration, which rulesand regulations shall prescribe for the manner, time and place for properadvertisement for such bids, the time and place when bids will be received, thearticles for which such bids are to be submitted and the specificationsprescribed for such articles, the number of the articles desired or theduration of the proposed contract, and the amount, if any, of bonds orcertified checks to accompany the bids. Bids shall be publicly opened. Any andall bids received may be rejected. Each and every bid conforming to the termsof the invitation, together with the name of the bidder, shall be tabulated andthat tabulation shall become public record in accordance with the rules adoptedby the Secretary. All contract information shall be made a matter of publicrecord after the award of contract. Provided, that trade secrets, test data andsimilar proprietary information may remain confidential. A bond for thefaithful performance of any contract may be required of the successful bidderat bidder's expense and in the discretion of the Secretary of Administration.When the dollar value of a contract for the purchase, lease, or lease/purchaseof equipment, materials, and supplies exceeds the benchmark established by G.S.143‑53.1, the contract shall be reviewed by the Board of Awards pursuantto G.S. 143‑52.1 prior to the contract being awarded. After contractshave been awarded, the Secretary of Administration shall certify to the departments,institutions and agencies of the State government the sources of supply and thecontract price of the supplies, materials and equipment so contracted for.
(b) (Expires June30, 2012) All contracts for goods, equipment, or services awarded by the Departmentof Administration, State departments, institutions, agencies, universities, andcommunity colleges using funds from the American Recovery and Reinvestment Actof 2009 (ARRA) (Public Law 111‑5) shall be awarded to the maximum extentpracticable using fixed‑priced contracts and competitive procedures. TheSecretary of Administration, in coordination with the Office of EconomicRecovery and Investment (OERI), shall adopt rules, regulations, and policiesthat will promote the efficient and expeditious award of ARRA contracts incompliance with the requirements of ARRA and ARRA's rules, regulations,directives, and guidance, as well as directives issued by OERI. (1931, c. 261, s. 5; 1933,c. 441, s. 1; 1957, c. 269, s. 3; 1971, c. 587, s. 1; 1975, c. 879, s. 46;1981, c. 602, ss. 2, 3; 1983, c. 717, s. 61; 1985 (Reg. Sess., 1986), c. 955,ss. 83‑86; 1989 (Reg. Sess., 1990), c. 936, s. 3(a); 1997‑412, s.2; 1999‑434, s. 12; 2006‑203, s. 83; 2009‑475, s. 1.)
§ 143‑52. Competitivebidding procedure; consolidation of estimates by Secretary; bids; awarding ofcontracts.
(a) As feasible, theSecretary of Administration will compile and consolidate all such estimates ofsupplies, materials, printing, equipment and contractual services needed andrequired by State departments, institutions and agencies to determine the totalrequirements of any given commodity. Where such total requirements will involvean expenditure in excess of the expenditure benchmark established under theprovisions of G.S. 143‑53.1 and where the competitive bidding procedureis employed as hereinafter provided, sealed bids shall be solicited byadvertisement in a newspaper widely distributed in this State or throughelectronic means, or both, as determined by the Secretary to be mostadvantageous, at least once and at least 10 days prior to the date designatedfor opening. Except as otherwise provided under this Article, contracts for thepurchase of supplies, materials or equipment shall be based on competitive bidsand acceptance made of the lowest and best bid(s) most advantageous to theState as determined upon consideration of the following criteria: pricesoffered; the quality of the articles offered; the general reputation andperformance capabilities of the bidders; the substantial conformity with thespecifications and other conditions set forth in the request for bids; thesuitability of the articles for the intended use; the personal or relatedservices needed; the transportation charges; the date or dates of delivery andperformance; and such other factor(s) deemed pertinent or peculiar to thepurchase in question, which if controlling shall be made a matter of record.Competitive bids on such contracts shall be received in accordance with rulesand regulations to be adopted by the Secretary of Administration, which rulesand regulations shall prescribe for the manner, time and place for properadvertisement for such bids, the time and place when bids will be received, thearticles for which such bids are to be submitted and the specificationsprescribed for such articles, the number of the articles desired or theduration of the proposed contract, and the amount, if any, of bonds orcertified checks to accompany the bids. Bids shall be publicly opened. Any andall bids received may be rejected. Each and every bid conforming to the termsof the invitation, together with the name of the bidder, shall be tabulated andthat tabulation shall become public record in accordance with the rules adoptedby the Secretary. All contract information shall be made a matter of publicrecord after the award of contract. Provided, that trade secrets, test data andsimilar proprietary information may remain confidential. A bond for thefaithful performance of any contract may be required of the successful bidderat bidder's expense and in the discretion of the Secretary of Administration.When the dollar value of a contract for the purchase, lease, or lease/purchaseof equipment, materials, and supplies exceeds the benchmark established by G.S.143‑53.1, the contract shall be reviewed by the Board of Awards pursuantto G.S. 143‑52.1 prior to the contract being awarded. After contractshave been awarded, the Secretary of Administration shall certify to the departments,institutions and agencies of the State government the sources of supply and thecontract price of the supplies, materials and equipment so contracted for.
(b) (Expires June30, 2012) All contracts for goods, equipment, or services awarded by the Departmentof Administration, State departments, institutions, agencies, universities, andcommunity colleges using funds from the American Recovery and Reinvestment Actof 2009 (ARRA) (Public Law 111‑5) shall be awarded to the maximum extentpracticable using fixed‑priced contracts and competitive procedures. TheSecretary of Administration, in coordination with the Office of EconomicRecovery and Investment (OERI), shall adopt rules, regulations, and policiesthat will promote the efficient and expeditious award of ARRA contracts incompliance with the requirements of ARRA and ARRA's rules, regulations,directives, and guidance, as well as directives issued by OERI. (1931, c. 261, s. 5; 1933,c. 441, s. 1; 1957, c. 269, s. 3; 1971, c. 587, s. 1; 1975, c. 879, s. 46;1981, c. 602, ss. 2, 3; 1983, c. 717, s. 61; 1985 (Reg. Sess., 1986), c. 955,ss. 83‑86; 1989 (Reg. Sess., 1990), c. 936, s. 3(a); 1997‑412, s.2; 1999‑434, s. 12; 2006‑203, s. 83; 2009‑475, s. 1.)
