North Carolina § 116-31 - 10. Powers of Board regarding certain purchasing contracts.

§ 116-31. 10. Powers of Board regarding certain purchasing contracts.

Notwithstanding G.S. 143-53.1 or G.S. 143-53(a)(2), the expenditure benchmark for the President of The University of North Carolina or a special responsibility constituent institution with regard to competitive bid procedures and the bid value benchmark shall be an amount not greater than five hundred thousand dollars ($500,000). The Board shall set the benchmark for the President and each institution from time to time. In setting the benchmark for the President or an institution in accordance with this section, the Board shall consider the overall capabilities including staff resources, purchasing compliance reviews, and audit reports of the President's administrative staff or the institution. The Board shall also consult with the Director of the Division of Purchase and Contract and the Director of the Budget prior to setting the benchmark. If the President or a constituent institution has an expenditure benchmark greater than two hundred fifty thousand dollars ($250,000), the President or constituent institution shall comply with this subsection for any purchase greater than the President's or institution's benchmark set by the Board but not greater than five hundred thousand dollars ($500,000). The President or institution shall submit to the Division of Purchase and Contract for that Division's approval or other action deemed necessary by the Division a copy of all offers received and the President's or institution's recommendation of award or other action. Notice of the Division's decision shall be sent to the President or the institution. The President or institution shall then proceed with the award of contract or other action recommended by the Division. History (1997-412, s. 1; 2003-312, s. 1; 2011-145, s. 9.6F(a); 2017-68, s. 4(a).) Effect of Amendments. - Session Laws 2011-145, s. 9.6F(a), effective October 1, 2011, substituted "greater than the institution's benchmark set by the Board" for "greater than two hundred fifty thousand dollars ($250,000)" in the first sentence of subsection (b). Session Laws 2017-68, s. 4(a), effective June 28, 2017, in subsection (a), added the President of The University of North Carolina, in the first sentence, added "the President and" in the second sentence, rewrote the third sentence which formerly read; "In setting an institution's benchmark in accordance with this section, the Board shall consider the institution's overall capabilities including staff resources, purchasing compliance reviews, and audit reports."; in the first sentence in subsection (b) substituted "If the President or a constituent" for "Each", added "the President or constituent institution" following "(250,000)", added "President's or" following "greater than the", in the second sentence substituted "The President or" for "This", added "President's or" preceding "institution's recommendation", substituted "the President or the" for "that" near the end of the sentence, and added "President or" in the last sentence.