North Carolina § 136-28 - 10. Highway Fund and Highway Trust Fund Small Project Bidding.

§ 136-28. 10. Highway Fund and Highway Trust Fund Small Project Bidding.

Notwithstanding the provisions of G.S. 136-28.4(b), for Highway Fund or Highway Trust Fund construction and repair projects of five hundred thousand dollars ($500,000) or less, and maintenance projects of five hundred thousand dollars ($500,000) or less per year, the Board of Transportation may, after soliciting at least three informal bids in writing from Small Business Enterprises, award contracts to the lowest responsible bidder. The Department of Transportation may identify projects likely to attract increased participation by Small Business Enterprises, and restrict the solicitation and award to those bidders. The Board of Transportation may delegate full authority to award contracts, adopt necessary rules, and administer the provisions of this section to the Secretary of Transportation. The letting of contracts under this section is not subject to any of the provisions of G.S. 136-28.1 relating to the letting of contracts. The Department may waive the bonding requirements of Chapter 44A of the General Statutes and the licensing requirements of Chapter 87 for contracts awarded under this section. The Secretary of Transportation shall report annually to the Joint Legislative Transportation Oversight Committee on the implementation of this section. The information in the report required by this subsection shall be set forth separately for each division of the Department of Transportation. History (1993, c. 561, s. 65; 1999-25, s. 1; 2009-266, s. 2; 2015-241, s. 29.12(g).) Cross References. - As to letting of contracts to bidders after advertisement and exceptions, see G.S. 136-28.1. As to State policy concerning participation by disadvantaged businesses in highway contracts, see G.S. 136-28.4. Editor's Note. - Session Laws 1993, c. 561, s. 65, effective July 1, 1993, was codified as this section at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2009-266, s. 2, effective August 1, 2009, in subsection (a), inserted "construction and repair" and "and maintenance projects of five hundred thousand dollars ($500,000) or less per year" in the first sentence. Session Laws 2015-241, s. 29.12(g), effective July 1, 2015, in subsection (c), substituted "annually" for "quarterly" in the first sentence, and added the last sentence.