§103D-313  Types of contracts.  (a) 
Subject to the limitations of this section, any type of contract that will
promote the State's best interests may be used.



(b)  Cost-reimbursement and
cost-plus-a-percentage-of-cost contracts may be used only when the chief
procurement officer determines in writing that such a contract is likely to be
less costly than any other type of contract or that it is impracticable to
obtain the goods, services, or construction required except by means of such a
contract.  Cost-reimbursement and cost-plus-a-percentage-of-cost contracts
shall not be used if their use would jeopardize the receipt of federal
assistance moneys or reduce the amount of such assistance under any applicable
federal statute or regulation.



(c)  In addition to the requirements of
subsections (a) and (b), a cost-plus-a-percentage-of-cost contract may not be
awarded unless:



(1)  Notice is given to the head of the compliance
audit unit, president of the senate, speaker of the house of representatives,
and the chairpersons of the senate ways and means and house finance committees;
and



(2)  Notice is conspicuously posted in an area
accessible to the public in the office of the chief procurement officer and
available for public inspection during normal business hours.



(d)  The policy board shall adopt rules to
implement this section. [L Sp 1993, c 8, pt of §2; am L 1997, c 352, §23]