GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	2 

SENATE BILL 140
Government Performance Audit Select Committee Substitute Adopted 2/23/93

Short Title:  GPAC/Improve State Term Contracts.	(Public)
─────────────────────────────────────── 
Sponsors:
─────────────────────────────────────── 
Referred to:  Rules and Operation of the Senate.
─────────────────────────────────────── 

February 15, 1993

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT A RECOMMENDATION OF THE GOVERNMENT PERFORMANCE AUDIT COMMITTEE TO REVISE THE REQUIREMENT THAT AGENCIES MUST BUY ALL ITEMS VIA STATE TERM CONTRACTS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-53 reads as rewritten:
"§ 143-53.  Rules.
The Secretary of Administration may adopt rules governing the following:
(1)	Prescribing the routine and procedures to be followed in canvassing bids and awarding contracts, and for reviewing decisions made pursuant thereto, and the decision of the reviewing body shall be the final administrative review.
(2)	Prescribing routine for securing bids on items that do not exceed the bid value benchmark established under the provisions of G.S. 143-53.1.
(2a)	Prescribing the terms and conditions under which agencies, with respect to commodities covered by term contracts, may
a.	Purchase a commodity off of a term contract subject to the expenditure threshold established by the Secretary for the commodity; and
b.	Make volume purchases, which exceed limits established by the Secretary, under separate contracts.
		A commodity may be purchased off of the term contract pursuant to this subdivision only if its purchase price is less than that established for the item under the term contract.  The maximum expenditure threshold under sub-subdivision a. of this subdivision for any commodity is five hundred dollars ($500.00).
		All purchases made pursuant to this subdivision shall be reported to the Department in the manner required by the Secretary.
(3)	Defining contractual services for the purposes of G.S. 143-49(3).
(4)	Prescribing items and quantities, and conditions and procedures, governing the acquisition of goods and services which may be delegated to departments, institutions and agencies, notwithstanding any other provisions of this Article.
(5)	Prescribing conditions under which purchases and contracts for the purchase, rental or lease of equipment, materials, supplies or services may be entered into by means other than competitive bidding.
(6)	Prescribing conditions under which partial, progressive and multiple awards may be made.
(7)	Prescribing conditions and procedures governing the purchase of used equipment, materials and supplies.
(8)	Providing conditions under which bids may be rejected in whole or in part.
(9)	Prescribing conditions under which information submitted by bidders or suppliers may be considered proprietary or confidential.
(10)	Prescribing procedures for making purchases under programs involving participation by two or more levels or agencies of government, or otherwise with funds other than State-appropriated.
(11)	Prescribing procedures to encourage the purchase of North Carolina farm products, and products of North Carolina manufacturing enterprises.
(12)	Repealed by Session Laws 1987, c. 827, s. 216.
The purpose of rules promulgated hereunder shall be to promote sound purchasing management.
Prior to adopting rules under this section, the Secretary of Administration may consult with the Advisory Budget Commission."
Sec. 2.  This act is effective upon ratification and expires June 30, 1995.