North Carolina § 115D-9 - Powers of State Board regarding certain fee negotiations, contracts, and capital improvements.

§ 115D-9. Powers of State Board regarding certain fee negotiations, contracts, and capital improvements.

The expenditures of any State funds for any capital improvements of existing institutions shall be subject to the prior approval of the State Board of Community Colleges and the Governor. The expenditure of State funds at any institution herein authorized to be approved by the State Board under G.S. 115D-4 shall be subject to the terms of the State Budget Act unless specifically otherwise provided in this Chapter. Notwithstanding G.S. 143-341(3), the State Board of Community Colleges may, with respect to design, construction, repair, or renovation of buildings, utilities, and other State-funded property developments of the North Carolina Community College System requiring the estimated expenditure of public money of four million dollars ($4,000,000) or less: Conduct the fee negotiations for all design contracts and supervise the letting of all construction and design contracts. Develop procedures governing the responsibilities of the North Carolina Community College System and its community colleges to perform the duties of the Department of Administration and the Director or Office of State Construction under G.S. 133-1.1(d) and G.S. 143-341(3). Use existing plans and specifications for construction projects, where feasible. Prior to designing a project, the State Board shall consult with the Department of Administration on the availability of existing plans and specifications and the feasibility of using them for a project. The State Board may delegate its authority under subsection (b) of this section to a community college if the community college is qualified under guidelines adopted by the State Board and approved by the State Building Commission and the Director of the Budget. The North Carolina Community College System shall use the standard contracts for design and construction currently in use for State capital improvement projects by the Office of State Construction of the Department of Administration. A contract may not be divided for the purpose of evading the monetary limit under this section. Notwithstanding any other provision of this Chapter, the Department of Administration shall not be the awarding authority for contracts awarded under subsections (b) or (c) of this section. The Community Colleges System Office shall report no later than October 1 of each year to the State Building Commission the following: A list of projects governed by this section. The estimated cost of each project along with the actual cost. The name of each person awarded a contract under this section. Whether the person or business awarded a contract under this section meets the definition of "minority business" or "minority person" as defined in G.S. 143-128.2(g). The provisions of G.S. 143-341(3) shall not apply to a capital improvement project funded with non-State funds if the State Board of Community Colleges determines that the college has the expertise necessary to manage the project unless the assistance of the Office of State Construction is requested. History (2009-229, s. 2; 2011-145, s. 8.19(a); 2019-165, s. 2.4.) Local Modification. - Buncombe: 2013-112, s. 1, as amended by 2018-115, s. 1 (applicable only to construction projects and renovations funded entirely with county funds and coordinated by the County for College uses and purposes between January 1, 2012, and December 31, 2023); Henderson: 2016-22, s. 1 (applicable only to construction and renovation projects by the County at Blue Ridge Community College between January 1, 2015, and December 31, 2020); 2017-21, s. 1 (applicable only to construction and renovation projects by Henderson County on the campus of Blue Ridge Community College located within Henderson County between January 1, 2016, and December 31, 2021); 2019-66 (applicable only to construction and renovation projects by Henderson County on the Henderson County campus of Blue Ridge Community College between January 1, 2019, and December 31, 2023). Editor's Note. - Session Laws 2009-229, s. 3, made this section effective June 30, 2009, and applicable to design, construction, repair, or renovation projects for which bids or proposals are solicited on or after April 30, 2010. Effect of Amendments. - Session Laws 2011-145, s. 8.19(a), effective June 15, 2011, and applicable to projects initiated on or after that date, in the introductory paragraph in subsection (b), substituted "State-funded property developments" for "State or non-State funded property developments" and "four million dollars ($4,000,000) or less" for "one million dollars ($1,000,000) or less"; and added subsection (h). Session Laws 2019-165, s. 2.4, effective July 26, 2019, rewrote subsection (g), which formerly read: "The State Board shall annually report to the State Building Commission the following". §§ 115D-10 through 115D-11.4: Reserved for future codification purposes.