North Carolina § 143-131 - When counties, cities, towns and other subdivisions may let contracts on informal bids.

§ 143-131. When counties, cities, towns and other subdivisions may let contracts on informal bids.

All contracts for construction or repair work or for the purchase of apparatus, supplies, materials, or equipment, involving the expenditure of public money in the amount of thirty thousand dollars ($30,000) or more, but less than the limits prescribed in G.S. 143-129, made by any officer, department, board, local school administrative unit, or commission of any county, city, town, or other subdivision of this State shall be made after informal bids have been secured. All such contracts shall be awarded to the lowest responsible, responsive bidder, taking into consideration quality, performance, and the time specified in the bids for the performance of the contract. It shall be the duty of any officer, department, board, local school administrative unit, or commission entering into such contract to keep a record of all bids submitted, and such record shall not be subject to public inspection until the contract has been awarded. All public entities shall solicit minority participation in contracts for the erection, construction, alteration or repair of any building awarded pursuant to this section. The public entity shall maintain a record of contractors solicited and shall document efforts to recruit minority business participation in those contracts. Nothing in this section shall be construed to require formal advertisement of bids. All data, including the type of project, total dollar value of the project, dollar value of minority business participation on each project, and documentation of efforts to recruit minority participation shall be reported to the Department of Administration, Office for Historically Underutilized Business, upon the completion of the project. History (1931, c. 338, s. 2; 1957, c. 862, s. 5; 1959, c. 406; 1963, c. 172; 1967, c. 860; 1971, c. 593; 1981, c. 719, s. 1; 1987 (Reg. Sess., 1988), c. 1108, s. 6; 1997-174, s. 5; 2001-496, s. 5.1; 2005-227, s. 2; 2017-81, s. 1.) 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); Catawba: 2010-63, s. 1; Cherokee: 2007-48, s. 1; Clay: 2006-94, s. 1; 2012-32, s. 1; 2016-36, s. 1 (as to renovation and restoration of Clay County's old courthouse building as multipurpose facility, and expires June 30, 2018); Currituck: 1993 (Reg. Sess., 1994), c. 668, s. 1; Dare: 1999-40, s. 1; 2003-47, s. 1 (as to design and construction of administration building and renovation of Old Dare Court House, and expires July 1, 2008); Davidson: 2012-63 (expires June 30, 2014); Durham: 2013-386, s. 5(a); Forsyth: 1993, c. 128, s. 1; Franklin: 1993 (Reg. Sess., 1994), c. 757, s. 1; (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; 2008-40 (as to contracts for renovations to the county courthouse); Mecklenburg: 2007-333, s. 1, as amended by 2009-149, s. 1, 2010-57, s. 1, and 2011-150, s. 2 (expires June 30, 2015); (As to contracts with Water and Sewer Authority) New Hanover: 2007-135, s. 1 (expires December 31, 2009); Rockingham: 2012-140, s. 1 (expires June 30, 2017); Wake: 2007-333, s. 1, as amended by 2009-149, s. 1, 2010-57, s. 1, and 2011-150, s. 2 (expires June 30, 2015); Wayne: 2011-98, s. 1 (expires December 31, 2014); city of Asheville: 2007-333, s. 1, as amended by 2009-149, s. 1, and 2010-57, s. 1 (expires June 30, 2015); city of Charlotte: 2000-26, s. 1; 2002-91, s. 1, as amended by 2007-255, s. 1, and as amended by 2008-101; 2006-26, 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 involving city-owned facilities awarded before June 30, 2015); (as to speedway area infrastructure projects) city of Concord: 2008-7, s. 1 (expires December 31, 2013); city of Durham: 2001-350, s. 3; 2011-168, s. 1; city of Greensboro: 1951, c. 707, s. 5; 1987, c. 53, s. 3; 1995, c. 218, s. 2; city of Raleigh: 2007-333, s. 1, as amended by 2009-149, s. 1; (As to contracts with Water and Sewer Authority) city of Wilmington: 2007-135, s. 1 (expires December 31, 2009); city of Winston-Salem: 1985, c. 632; 1987, c. 575; 2011-80, s. 1; town of Apex: 2007-333, s. 1, as amended by 2009-149, s. 1, 2010-57, s. 1, and 2011-150, s. 2 (expires June 30, 2015); town of Carrboro: 2007-333, s. 1, as amended by 2009-149, s. 1, and 2010-57, s. 1 (expires June 30, 2015); town of Cary: 2007-333, s. 1, as amended by 2009-149, s. 1, 2010-57, s. 1, and 2011-150, s. 2 (expires June 30, 2015); town of Chapel Hill: 2007-333, s. 1, as amended by 2009-149, s. 1, and 2010-57, s. 1 (expires June 30, 2015); town of Clayton: 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); town of Fuquay-Varina: 2007-333, s. 1, as amended by 2009-149, s. 1, 2010-57, s. 1, and 2011-150, s. 2 (expires June 30, 2015); town of Garner: 2011-150, s. 2 (expires June 30, 2015); town of Holly Springs: 2007-333, s. 1, as amended by 2009-149, s. 1, 2010-57, s. 1, and 2011-150, s. 2 (expires June 30, 2015); town of Knightdale: 2007-333, s. 1, as amended by 2009-149, s. 1, 2010-57, s. 1, and 2011-150, s. 2 (expires June 30, 2015); town of Louisburg: 2007-216, s. 3, as amended by 2009-370, s. 1 (expires January 1, 2011); town of Manteo: 1995, c. 125, s. 1; town of Morrisville: 2007-333, s. 1, as amended by 2009-149, s. 1, 2010-57, s. 1, and 2011-150, s. 2 (expires June 30, 2015); town of Rolesville: 2007-333, s. 1, as amended by 2009-149, s. 1, 2010-57, s. 1, and 2011-150, s. 2 (expires June 30, 2015); town of Southern Shores: 1995, c. 70, s. 1; town of Sunset Beach: 1993, c. 381, s. 3; 1995, c. 124; 1995 (Reg. Sess., 1996), c. 732; 1997-63; town of Wake Forest: 2007-333, s. 1, as amended by 2009-149, s. 1, 2010-57, s. 1, and 2011-150, s. 2 (expires June 30, 2015); town of Wendell: 2007-333, s. 1, as amended by 2009-149, s. 1, 2010-57, s. 1, and 2011-150, s. 2 (expires June 30, 2015); town of Yadkinville: 1997-3, s. 1; town of Zebulon: 2007-333, s. 1, as amended by 2009-149, s. 1, 2010-57, s. 1, and 2011-150, s. 2 (expires June 30, 2015); Alamance-Caswell Area Mental Health, Developmental Disabilities and Substance Abuse Authority: 1987, c. 120; Lower Cape Fear Water and Sewer Authority: 2012-60 (expires December 31, 2015); Winston-Salem/Forsyth County Board of Education: 1993, c. 128, s. 1. Cross References. - As to legislation regarding construction of juvenile facilities, see the editor's note under G.S. 7B-1500 . Editor's Note. - As to the exemption of the Office of State Budget and Management from the requirements of G.S. 143-135.26(1) , 143-128, 143-129, 143-131, 143-132, 143-134, 143-135.26, 143-64.10 through 143-64.13, 113A-1 through 113A-10, 113A-50 through 113A-66, 133-1.1(b), and 133-1.1(g) and rules implementing those statutes for the purpose of construction of prison facilities, see Session Laws 1989, c. 754, s. 28(a). As to exemption of the Office of State Budget and Management from the requirements of this section in the administration and implementation of the Prison Facilities Legislative Bond Act of 1990, see Session Laws 1989 (Reg. Sess., 1990), c. 933, s. 6(4). As to the exemption of the Office of State Budget and Management from the requirements of this section in providing prison facilities under the provisions of the State Prison and Youth Services Facilities Bond Act, see Session Laws 1989 (Reg. Sess., 1990), c. 935, s. 6(a)(4). As to exemption of the Office of Management and Budget from the requirements of this section with respect to facilities authorized for the Department of Correction, see Session Laws 1991, c. 689, s. 239(f), as amended by Session Laws 1991 (Reg. Sess., 1992), c. 1044, s. 41(b), quoted under G.S. 143-64.10 . Session Laws 1993, c. 550, s. 6, effective July 1, 1993, provides that if the Secretary of Administration, after consultation with the Secretary of Correction, finds that the delivery of state prison and youth services facilities authorized to be constructed under that act must be expedited for good cause, the Office of State Construction of the Department of Administration may use alternative delivery systems and shall be exempt from several statutes, including this section, and rules implementing those statutes to the extent necessary to expedite delivery. Section 6 also sets out the provisions governing the exercise of the exemptions allowable and other relevant provisions. As to the exemption of the Office of State Construction of the Department of Administration from the requirements of this section to the extent necessary to expedite delivery of certain prison facilities, see Session Laws 1994, Extra Session, c. 24, s. 67. Session Laws 1995, c. 507, s. 27.10, provides that if the construction of prison facilities in Avery and Mitchell Counties must be expedited for good cause, as determined by the Secretary of Administration and Secretary of Correction, the Office of State Construction of the Department of Administration shall be exempt from the following statutes and rules to the extent necessary to expedite delivery: G.S. 143-135.26 , 143-128, 143-129, 143-131, 143-132, 143-134, 113A-1 through 113A-10, 113A-50 through 113A-66, 133-1.1(g), and 143-408.1 through 143-408.7. As to exemption of the Department of Justice from the requirements of this section to implement the repairs and renovations necessary for the Western Justice Academy, see Session Laws 1996, Second Extra Session, c. 18, s. 23.4(a). As to exemption of the Office of State Construction of the Department of Administration from this section and rules implementing this section, to the extent necessary to expedite delivery of juvenile facilities, see Session Laws 1998-202, s. 35(a), quoted under G.S. 143-128 . Session Laws 2005-227, s. 5, provides: "This act raises the threshold amount from five thousand dollars ($5,000) to thirty thousand dollars ($30,000) in G.S. 143-131 and G.S. 160A-266 . If any local act provides a threshold amount for the subjects addressed in these statutes that is less than the amount provided in this act, this act prevails to the extent of that conflict." 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 2017-81, s. 3, is a severability clause. Effect of Amendments. - Session Laws 2005-227, s. 2, effective July 27, 2005, in subsection (a), substituted "thirty thousand dollars ($30,000)" for "five thousand dollars ($5,000)" inserted "local school administrative unit" preceding "or commission of any county" in the introductory language, and inserted "local administrative unit" following "department, board" in the last sentence.