North Carolina § 143-58 - 2. State policy; bid procedures and specifications; identification of products.

§ 143-58. 2. State policy; bid procedures and specifications; identification of products.

It is the policy of this State to encourage and promote the purchase of products with recycled content. All State departments, institutions, agencies, community colleges, and local school administrative units shall, to the extent economically practicable, purchase and use, or require the purchase and use of, products with recycled content. No later than January 1, 1995, the Secretary of Administration and each State department, institution, agency, community college, and local school administrative unit authorized to purchase materials and supplies or to contract for services shall review and revise its bid procedures and specifications for the purchase or use of materials and supplies to eliminate any procedures and specifications that explicitly discriminate against materials and supplies with recycled content, except where procedures and specifications are necessary to protect the health, safety, and welfare of the citizens of this State. The Secretary of Administration and each State department, institution, agency, community college, and local school administrative unit shall review and revise its bid procedures and specifications on a continuing basis to encourage the purchase or use of materials and supplies with recycled content and to the extent economically practicable, the use of materials and supplies with recycled content. The Department of Administration, in cooperation with the Division of Environmental Assistance and Outreach of the Department of Environmental Quality, shall identify materials and supplies with recycled content that meet appropriate standards for use by State departments, institutions, agencies, community colleges, and local school administrative units. A list of materials and supplies with recycled content that are identified pursuant to subsection (d) of this section and that are available for purchase under a statewide term contract shall be distributed annually to each State agency authorized to purchase materials and supplies for use by its departments, institutions, agencies, community colleges, or local school administrative units. Repealed by Session Laws 2009-484, s. 15, effective January 1, 2010. The Department of Administration and the Department of Environmental Quality shall develop guidelines for minimum content standards for materials and supplies with recycled content and may recommend appropriate goals in addition to those goals set forth in G.S. 143-58.3, for types of materials and supplies with recycled content to be purchased by the State. The Secretary of Administration may adopt rules to implement the provisions of this section and G.S. 143-58.3. History (1993, c. 256, s. 2; 1995 (Reg. Sess., 1996), c. 743, ss. 10, 11; 1997-443, s. 11A.119(a); 2001-452, s. 3.7; 2009-484, s. 15; 2010-31, s. 13.1(f); 2015-241, s. 14.30(u).) Editor's Note. - Session Laws 2008-201, s. 1, provides: "The North Carolina Department of Administration, Division of Purchase and Contract, is directed to make the following changes to its Request for Proposal criteria for a statewide tire retread contract: "(1) Require that the bids remain closed until a designated and advertised bid-opening day in which the bids are opened, announced, and recorded in public. The bids shall then be shown and made available to the public. "(2) Require that the cost of the tire retread include spot repairs and that there no longer be a separate charge for a spot repair. "(3) Include in the contract that all casings receive a state-of-the-art inspection with the use of shearography, ultrasound, electrostatic discharge, high pressure testing, or other industry standard testing methodology. "(4) Include a threshold for the number of times a casing may be retreaded. "(5) Include a threshold for the age of a casing that may be retreaded. "(6) Include the number of nail hole repairs that are permissible for a casing to be retreaded. "(7) Provide assurance that a particular fleet will receive its own casings back after retread completed. "(8) Set minimum tread depths per category or application of the retread tire. "(9) Consider a multiaward contract structure that includes several vendors; the Office of Purchase and Contract will take into account geographic location, proximity of vendor to customer, and the needs of the users when creating a multiaward contract. "(10) Provide for any method of tire retreading to be bid separately." Session Laws 2009-484, s. 15, effective January 1, 2010, repealed subsection (f), pertaining to annual reports to the Division of Pollution Prevention and Environmental Assistance of the Department of Environment and Natural Resources. Effect of Amendments. - Session Laws 2010-31, s. 13.1(f), effective July 1, 2010, substituted "Division of Environmental Assistance and Outreach" for "Division of Pollution Prevention and Environmental Assistance [now the Division of Environmental Assistance and Outreach]" in subsection (d). Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subsections (d) and (g).