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

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

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

(1)  Notice is given to the head of the complianceaudit 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 areaaccessible to the public in the office of the chief procurement officer andavailable for public inspection during normal business hours.

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