GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-227
HOUSE BILL 1332
AN ACT to facilitate electronic purchase and sale of local government property and to make other purchasing changes.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143-129(a) and (g) read as rewritten:
"§ 143-129. Procedure for letting of public contracts.
(a) Bidding Required. - No construction or repair work requiring the estimated expenditure of public money in an amount equal to or more than three hundred thousand dollars ($300,000) or purchase of apparatus, supplies, materials, or equipment requiring an estimated expenditure of public money in an amount equal to or more than ninety thousand dollars ($90,000) may be performed, nor may any contract be awarded therefor, by any board or governing body of the State, or of any institution of the State government, or of any political subdivision of the State, unless the provisions of this section are complied with.
For purchases of apparatus, supplies, materials, or
equipment, the governing body of any political subdivision of the State may,
subject to any restriction as to dollar amount, or other conditions that the
governing body elects to impose, delegate to the manager or the manager,
school superintendent, chief purchasing official, or both, official,
or other employee the authority to award contracts, reject bids, or
readvertise to receive bids on behalf of the unit. Any person to whom authority
is delegated under this subsection shall comply with the requirements of this
Article that would otherwise apply to the governing body.
…
(g) Waiver of Bidding for
Previously Bid Contracts. - When the governing board of any political
subdivision of the State, or the manager or purchasing official delegated
authoritythe person to whom authority has been delegated under
subsection (a) of this section, determines that it is in the best interest of
the unit, the requirements of this section may be waived for the purchase of
apparatus, supplies, materials, or equipment from any person or entity that
has, within the previous 12 months, after having completed a public, formal bid
process substantially similar to that required by this Article, contracted to furnish
the apparatus, supplies, materials, or equipment to:
(1) The United States of America or any federal agency;
(2) The State of North Carolina or any agency or political subdivision of the State; or
(3) Any other state or any
agency or political subdivision of that state, if the person or entity is
willing to furnish the items at the same or more favorable prices, terms, and
conditions as those provided under the contract with the other unit or agency.
Notwithstanding any other provision of this section, any purchase made under
this subsection shall be approved by the governing body of the purchasing
political subdivision of the State at a regularly scheduled meeting of the
governing body no fewer than 10 days after publication of notice, in a
newspaper of general circulation in the area served by the governing body,notice
that a waiver of the bid procedure will be considered in order to contract with
a qualified supplier pursuant to this section. Notice may be published in a
newspaper having general circulation in the political subdivision or by
electronic means, or both. A decision to publish notice solely by electronic
means for a particular contract or for all contracts under this subsection
shall be approved by the governing board of the political subdivision.
Rules issued by the Secretary of Administration pursuant to G.S. 143-49(6)
shall apply with respect to participation in State term contracts."
SECTION 2. G.S. 143-131(a) reads as rewritten:
"§ 143-131. When counties, cities, towns and other subdivisions may let contracts on informal bids.
(a) All contracts for
construction or repair work or for the purchase of apparatus, supplies,
materials, or equipment, involving the expenditure of public money in the
amount of five thousand dollars ($5,000)thirty thousand dollars
($30,000) or more, but less than the limits prescribed in G.S. 143-129,
made by any officer, department, board, local school administrative unit, or
commission of any county, city, town, or other subdivision of this State shall
be made after informal bids have been secured. All such contracts shall be
awarded to the lowest responsible, responsive bidder, taking into consideration
quality, performance, and the time specified in the bids for the performance of
the contract. It shall be the duty of any officer, department, board, local
school administrative unit, or commission entering into such contract to
keep a record of all bids submitted, and such record shall not be subject to
public inspection until the contract has been awarded."
SECTION 3. G.S. 160A-266(c) reads as rewritten:
"§ 160A-266. Methods of sale; limitation.
…
(c) A city council may
adopt regulations prescribing procedures for disposing of personal property
valued at less than five thousand dollars ($5,000)thirty thousand
dollars ($30,000) for any one item or group of items in substitution for
the requirements of this Article. The regulations shall be designed to secure
for the city fair market value for all property disposed of and to accomplish
the disposal efficiently and economically. The regulations may, but need not,
require published notice, and may provide for either public or private
exchanges and sales. The council may authorize one or more city officials to
declare surplus any personal property valued at less than five thousand
dollars ($5,000) thirty thousand dollars ($30,000) for any one item
or group of items, to set its fair market value, and to convey title to the
property for the city in accord with the regulations. A city official
authorized under this section to dispose of property shall keep a record of all
property sold under this section and that record shall generally describe the
property sold or exchanged, to whom it was sold, or with whom exchanged, and
the amount of money or other consideration received for each sale or
exchange."
SECTION 4. G.S. 160A-270(c) reads as rewritten:
"§ 160A-270. Public auction.
…
(c) The council may
conduct auctions of real or personal property electronically by authorizing the
establishment of an electronic auction procedure or by authorizing the use of
existing private or public electronic auction services. Notice of an electronic
auction of property shall identify, in addition to the information required in
subsections (a) and (b) of this section, the electronic address where
information about the property to be sold can be found and the electronic
address where electronic bids may be posted. Notice may be published in a
newspaper having general circulation in the political subdivision or by
electronic means, or both. A decision to publish notice solely by electronic
means for a particular contract or for all contracts under this subsection
shall be approved by the governing board of the political subdivision. Except
as provided in this subsection, all All requirements of subsections
(a) and (b) of this section apply to electronic auctions."
SECTION 5. This act raises the threshold amount in G.S. 143-131 and G.S. 160A-266. If any local act provides a threshold amount for the subjects addressed in these statutes that is less than the amount provided in this act, this act prevails to the extent of that conflict.
SECTION 6. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 20th day of July, 2005.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 3:55 p.m. this 27th day of July, 2005