North Carolina § 135-48 - 33. Contracting provisions; large contract review by Board of Trustees and Attorney General, auditing, no cost plus contracts.

§ 135-48. 33. Contracting provisions; large contract review by Board of Trustees and Attorney General, auditing, no cost plus contracts.

The Board of Trustees must approve all Plan contracts in excess of five hundred thousand dollars ($500,000), including contracts with an initial cost of less than five hundred thousand dollars ($500,000), but that may exceed five hundred thousand dollars ($500,000) during the term of the contract. The Plan shall: (i) submit all proposed contracts for supplies, materials, printing, equipment, and contractual services that exceed one million dollars ($1,000,000) authorized by this Article to the Attorney General or the Attorney General's designee for review as provided in G.S. 114-8.3; and (ii) include in all proposed contracts to be awarded by the Plan under this section a standard clause which provides that the State Auditor and internal auditors of the Plan may audit the records of the contractor during and after the term of the contract to verify accounts and data affecting fees and performance. The Plan shall not award a cost plus percentage of cost agreement or contract for any purpose. History (2008-168, s. 3(c); 2009-16, ss. 2(f), 5(h); 2009-281, s. 1; 2009-313, s. 2; 2010-194, s. 18(b); 2011-85, ss. 2.6(a), 2.10; 2011-326, s. 15(s).) Editor's Note. - Session Laws 2011-85, s. 2.6(a), effective January 1, 2012, recodified former G.S. 135-45(d1) as G.S. 135-48.33 . Former G.S. 135-45(a) and (e) are recodified as G.S. 135-48.2 . Former G.S. 135-45(c) is recodified as G.S. 135-48.8 . Former G.S. 135-45(d) is recodified as G.S. 135-48.32 . Former G.S. 135-45(d) is recodified as G.S. 135-48.32 . The remainder of G.S. 135-45 is repealed by Session Laws 2011-85, s. 2.9, effective January 1, 2012. Former G.S. 135-45 itself was formerly codified as G.S. 135-39.12 under Part 3A of Article 3A of Chapter 135 by Session Laws 2008-168, s. 3(c), effective July 1, 2008, but was renumbered as G.S. 135-45 at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2010-194, s. 18(b), effective October 1, 2010, and applicable to all contracts proposed or awarded on or after that date, added subsection (d1). Session Laws 2011-85, s. 2.10, effective January 1, 2012, inserted "Board of Trustees and" in the section catchline; added subsection (a); and added the subsection (b) designation, and therein three times substituted "Plan" for "Executive Administrator and Board of Trustees" and substituted "this Article" for "subsection (d) of this section" in the first sentence. Session Laws 2011-326, s. 15(s), effective June 27, 2011, in the first sentence of subsection (d1) (now (b)), deleted "statewide and agency term" following "proposed" and inserted "and after."