North Carolina § 143-64 - 32. Written exemption of particular contracts.

§ 143-64. 32. Written exemption of particular contracts.

Units of local government or the North Carolina Department of Transportation may in writing exempt particular projects from the provisions of this Article in the case of proposed projects where an estimated professional fee is in an amount less than fifty thousand dollars ($50,000). History (1987, c. 102, s. 2; 2013-401, s. 2.) Local Modification. - (As to certain economic development projects) Buncombe: 2013-31, s. 1 (expires June 30, 2016); 2013-40, s. 1 (expires June 30, 2016); (As to school building contracts) Cabarrus: 2009-430, s. 2 (expires June 30, 2014); Cherokee: 2007-48, s. 1; Currituck: 1993 (Reg. Sess., 1994), c. 668, s. 1 (expires on completion of project or January 1, 2004); Davidson: 2012-63 (expires June 30, 2014); Durham: 2013-386, s. 5(a); (As to water treatment and wastewater treatment plant expansion projects) Harnett: 2007-214, s. 1 (expires December 31, 2010); Johnston: 1995 (Reg. Sess., 1996), c. 611, s. 1; 2002-93, s. 2 (expires June 30, 2005); 2008-40 (as to contracts for renovations to the county courthouse); Rockingham: 2012-140, s. 1 (expires June 30, 2017); Wayne: 2011-98, s. 1 (expires December 31, 2014); city of Charlotte: 2000-26, s. 8.87 as added by 2011-180, s. 3 (expires June 30, 2016); (as to water and wastewater treatment plants) 2007-312, s. 1; city of Clinton: 2013-115, ss. 1, 2 (as to use of design-build method of construction for certain projects awarded before June 30, 2015 involving city-owned facilities); town of Cornelius: 1971, c. 288, s. 1.4, as added by 2011-180, s. 1 and amended by 2011-326, s. 20 (expires July 1, 2018), and as amended by 2013-352, s. 1 (expires July 1, 2016); Lower Cape Fear Water and Sewer Authority: 2012-60, s. 1 (expires December 31, 2015). Editor's Note. - Session Laws 2013-352, s. 1, amended the local modification of this section in Session Laws 2011-180, s. 1, by extending the expiration date of that provision from July 1, 2013 until July 1, 2016. However, Session Laws 2013-352, s. 1, did not account for the amendment to Session Laws 2011-180, s. 1, by Session Laws 2011-326, s. 20, which extended the expiration date from July 1, 2013 until July 1, 2018. Session Laws 2013-401, provides in its preamble: "Whereas, the legislature recognizes that there is a public need for the design, construction, improvement, renovation, and expansion of high-performing public buildings within the State of North Carolina; and "Whereas, the public need may not be, in limited situations, wholly satisfied by existing procurement methods in which public buildings are designed, constructed, improved, renovated, or expanded; and "Whereas, many local governmental entities request special legislative authorization to enter into public-private partnerships and use design-build contracting every legislative session; and "Whereas, in some instances, more efficient delivery of quality design and construction can be realized when a governmental entity is authorized to utilize an integrated approach for the design and construction of a project under one contract with a single point of responsibility; and "Whereas, the design-build integrated approach to project delivery, based upon qualifications and experience, in some instances, can yield improved collaboration among design professionals, builders, and owners throughout the entire process and deliver a quality and cost-efficient building; and "Whereas, certain governmental entities within the State lack the financial resources required to undertake capital building construction projects that are necessary to satisfy critical public needs; and "Whereas, partnerships with private developers may offer an effective financial mechanism for governmental entities to secure public buildings to satisfy critical public needs that cannot otherwise be met; and "Whereas, the legislature recognizes that the general public must have confidence in governmental entities' processes for construction contracting; and "Whereas, the legislature realizes that open competition delivers the best value for taxpayers and public owners; and "Whereas, the legislature seeks to create transparent, fair, and equitable contracting procedures for the use of public funds in government construction contracting; and "Whereas, the legislation proposed in this act is not intended to affect the existing statutes, regulations, or practices relevant to projects administered by the North Carolina Department of Transportation nor licensing requirements of designers or contractors; Now, therefore," Effect of Amendments. - Session Laws 2013-401, s. 2, rewrote the section. For effective date and applicability, see Editor's note.