North Carolina § 143-57 - 1. Furniture requirements contracts.

§ 143-57. 1. Furniture requirements contracts.

State Furniture Requirements Contract. - To ensure agencies access to sufficient sources of furniture supply and service, to provide agencies the necessary flexibility to obtain furniture that is compatible with interior architectural design and needs, to provide small and disadvantaged businesses additional opportunities to participate on State requirements contracts, and to restore the traditional use of multiple award contracts for purchasing furniture requirements, each State furniture requirements contract shall be awarded on a multiple award basis, subject to the following conditions: Competitive, sealed bids must be solicited for the contract in accordance with Article 3 of Chapter 143 of the General Statutes unless otherwise provided for by the State Purchasing Officer pursuant to that Article. Bids shall be solicited on a historical weighted average of specific contract items and not on a single item within a class of items. Historical weighted average shall be based on information derived from the State's electronic procurement system, when available, or other available data. Subject to the provisions of this section, bids shall be evaluated and the contract awarded in accordance with Article 3 of Chapter 143 of the General Statutes. For each category of goods under each State requirements furniture contract, awards shall be made to at least three qualified vendors unless three qualified vendors are not available. Additionally, if the State Purchasing Officer determines that there are no qualified vendors within the three best qualified vendors who offer furniture manufactured or produced in North Carolina or who are incorporated in the State, the State Purchasing Officer shall expand the number of qualified vendors awarded contracts to as many qualified vendors as is necessary to include a qualified vendor who offers furniture manufactured or produced in North Carolina or who is incorporated in the State, but the State Purchasing Officer shall not be required to expand the number of qualified vendors to more than six qualified vendors. A vendor is qualified under this subsection if the vendor's products conform to the term contract specifications and the vendor submits a responsive bid. Repealed by Session Laws 2013-73, s. 1, effective June 12, 2013. GSA Furniture Schedule. - Vendors meeting the following requirements are treated as qualified vendors under any State furniture requirements contract: The vendor's products are included on a United States General Services Administration (GSA) Furniture Schedule. The vendor is a federally qualified vendor within the GSA Furniture Schedule. The vendor offers products on the same pricing and specifications as the vendor's products included on the GSA Furniture Schedule. The vendor is a resident bidder as defined in G.S. 143-59(c) or the vendor offers products manufactured or produced in North Carolina. Definition. - For purposes of this section, "furniture requirements contract" means State requirements contracts for casegoods, classroom furniture, bookcases, ergonomic chairs, office swivel and side chairs, computer furniture, mobile and folding furniture, upholstered seating, commercial dining tables, and related items. Authority to Purchase. - An agency may purchase from any vendor certified on the State furniture requirements contract, including vendors meeting the requirements of subsection (a1) of this section. An agency shall make the most economical purchase that it determines meets its needs, based upon price, compatibility, service, delivery, freight charges, contract terms, and other factors that it considers relevant. History (1995, c. 136, ss. 1, 3; 1995 (Reg. Sess., 1996), c. 716, s. 30; 2004-115, s. 1; 2013-73, s. 1; 2020-90, s. 1.5.) Editor's Note. - Session Laws 1995, c. 136, ss. 1, 3, were codified as this section at the direction of the Revisor of Statutes. Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 31, provides: "With respect to a furniture requirements contract that is not currently under G.S. 143-57.1 , an agency may purchase from any vendor certified on the contract but shall make the most economical purchase that it determines meets its needs, based upon price, compatibility, service, delivery, and other factors that it considers relevant." Subdivisions (a)(1) and (a)(3), as amended by Session Laws 2004-115, s. 1, effective July 1, 2004, are applicable to contracts advertised for bid on or after that date. Session Laws 2020-90, s. 1.6, made the amendment of subdivision (a)(3) of this section by Session Laws 2020-90, s. 1.5, effective July 2, 2020, and applicable to contracts entered into on or after that date. Effect of Amendments. - Session Laws 2013-73, s. 1, effective June 12, 2013, added subsection headings to subsections (a) and (b); added subsections (a1) and (c); and, in subsection (a), substituted "subsection" for "section" in the last sentence of subdivision (a)(3), and deleted subdivision (a)(4). Session Laws 2020-90, s. 1.5, deleted "the vendor is listed on the State's qualified products list" preceding "and the vendor" in the last sentence of subdivision (a)(3). For effective date and applicability, see editor's note.