North Carolina § 116-31 - 11. Powers of Board regarding certain fee negotiations, contracts, and capital improvements.

§ 116-31. 11. Powers of Board regarding certain fee negotiations, contracts, and capital improvements.

Notwithstanding G.S. 143-341(3) and G.S. 143-135.1, the Board shall, with respect to the design, construction, or renovation of buildings, utilities, and other property developments of The University of North Carolina requiring the estimated expenditure of public money of two million dollars ($2,000,000) 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 University of North Carolina and its affiliated and constituent institutions 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). Develop procedures and reasonable limitations governing the use of open-end design agreements, subject to G.S. 143-64.34 and the approval of the State Building Commission. Use existing plans and specifications for construction projects, where feasible. Prior to designing a project, the 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 Board may delegate its authority under subsection (a) of this section to a constituent or affiliated institution if the institution is qualified under guidelines adopted by the Board and approved by the State Building Commission and the Director of the Budget. The University 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 pursuant to this section. The Board of Governors shall annually report 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). History (1997-412, s. 1; 2001-496, s. 8(a); 2005-300, ss. 1, 2; 2006-217, s. 2.) Editor's Note. - Session Laws 1997-412, s. 14, made this section effective January 1, 1998, and provided that this section expired on July 1, 2001. Session Laws 2001-496, s. 8(a), effective July 1, 2001, reenacted and amended this section as enacted and expired by Session Laws 1997-412, by substituting "two million dollars ($2,000,000)" for "five hundred thousand dollars ($500,000)" in subsection (a); and adding subsection (e). Session Laws 2001-496, s. 13.1 is a severability clause. Session Laws 2001-496, s. 14, provided that s. 8(a), which reenacted and amended this section, would expire December 31, 2006. Session Laws 2001-496, s. 14 was amended by Session Laws 2005-300, s. 1, to delete the expiration clause. Effect of Amendments. - Session Laws 2005-300, s. 2, effective August 22, 2005, added subsection (f). Session Laws 2006-217, s. 2, effective September 1, 2006, and applicable to construction projects on which design is begun after that date, added subdivision (a)(4). Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 437 (1998).