North Carolina § 143-132 - Minimum number of bids for public contracts.

§ 143-132. Minimum number of bids for public contracts.

No contract to which G.S. 143-129 applies for construction or repairs shall be awarded by any board or governing body of the State, or any subdivision thereof, unless at least three competitive bids have been received from reputable and qualified contractors regularly engaged in their respective lines of endeavor; however, this section shall not apply to contracts which are negotiated as provided for in G.S. 143-129 or to contracts for dredging services in the State's coastal waters. Provided that if after advertisement for bids as required by G.S. 143-129, not as many as three competitive bids have been received from reputable and qualified contractors regularly engaged in their respective lines of endeavor, said board or governing body of the State agency or of a county, city, town or other subdivision of the State shall again advertise for bids; and if as a result of such second advertisement, not as many as three competitive bids from reputable and qualified contractors are received, such board or governing body may then let the contract to the lowest responsible bidder submitting a bid for such project, even though only one bid is received. For purposes of contracts bid in the alternative between the separate-prime and single-prime contracts, pursuant to G.S. 143-128(d1) each single-prime bid shall constitute a competitive bid in each of the four subdivisions or branches of work listed in G.S. 143-128(a), and each full set of separate-prime bids shall constitute a competitive single-prime bid in meeting the requirements of subsection (a) of this section. If there are at least three single-prime bids but there is not at least one full set of separate-prime bids, no separate-prime bids shall be opened. The State Building Commission shall develop guidelines no later than January 1, 1991, governing the opening of bids pursuant to this Article. These guidelines shall be distributed to all public bodies subject to this Article. The guidelines shall not be subject to the provisions of Chapter 150B of the General Statutes. History (1931, c. 291, s. 3; 1951, c. 1104, s. 3; 1959, c. 392, s. 2; 1963, c. 289; 1967, c. 860; 1977, c. 644; 1979, c. 182, s. 2; 1989, c. 480, s. 2; 1989 (Reg. Sess., 1990), c. 1051, s. 4; 1991 (Reg. Sess., 1992), c. 985, s. 1; 1995, c. 358, s. 4; c. 367, ss. 1, 7; 2001-496, s. 9; 2021-92, s. 1.) Local Modification. - Alamance, and municipalities and local school administrative units within that county: 1999-93, s. 1; Beaufort, and municipalities and local school administrative units within that county: 1999-93, s. 1; Bertie: 1953, c. 1257; (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); Camden, and municipalities and local school administrative units within that county: 1999-93, s. 1; Catawba: 2010-63, s. 1; Cherokee: 2007-48, s. 1; Clay: 2006-94, 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; Currituck, and municipalities and local school administrative units within that county: 1999-93, 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); Iredell: (as to animal shelter project) 2008-67, s. 1 (expires July 1, 2010); Johnston: 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); Northampton: 1953, c. 1257; Pasquotank and Perquimans, and municipalities and local school administrative units within those counties: 1999-93, s. 1; Rockingham: 2012-140, s. 1 (expires June 30, 2017); Stokes: 2006-50, s. 1; Surry: 1993 (Reg. Sess., 1994), c. 705. s. 1; 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); Wilson: 1991, c. 200; city of Asheville: 2007-333, s. 1, as amended by 2009-419, s. 1, and 2010-57, s. 1 (expires June 30, 2015); city of Charlotte: 2000-26, s. 8.87 as added by 2011-180 (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 awarded before June 30, 2015 involving city-owned facilities); (as to speedway area infrastructure projects) city of Concord: 2008-7, s. 1 (expires December 31, 2013); city of Durham: 2001-350, s. 3; city of Elizabeth City: 2001-227, s. 1; city of Raleigh: 2007-333, s. 1, as amended by 2009-149, s. 1; city of Roanoke Rapids: 2001-245, s. 3; 2005-174, s. 2; (As to contracts with Water and Sewer Authority) city of Wilmington: 2007-135, s. 1 (expires December 31, 2009); 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 Blowing Rock: 2006-171, s. 10 (public parking facility); 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: 1995, c. 125, s. 1; 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: 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 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: 1985 (Reg. Sess., 1986), c. 808; 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 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, Development Disabilities and Substance Abuse Authority: 1987, c. 120; Charlotte/Mecklenburg Board of Education: 1999-207, ss. 3, 4; 2001-496, s. 10(c); Lower Cape Fear Water and Sewer Authority: 2012-60 (expires December 31, 2015); Union County Public Schools Board of Education: 2007-90, ss. 2 and 3 (expires July 1, 2011); Winston-Salem/Forsyth County Board of Education: 1993, c. 128, s. 1; 2003-269, 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 design for construction of dormitories and the exemption of the Office of State Budget and Management from the requirements of G.S. 143-135.26(1) , 143-128, 143-129, 143-132, 143-134, 143-131, 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 contracting and supervising the design, construction, or demolition of prison facilities, see Session Laws 1987 (Reg. Sess., 1988), c. 1086, s. 123(b). 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. Session Laws 1996, Second Extra Session, c. 18, s. 23.4, provides: "(a) The Department of Justice, in consultation with the Office of State Construction of the Department of Administration, shall contract for and supervise all aspects of administration, technical assistance, design, construction, or demolition of facilities in order to implement the repairs and renovations of the Western Justice Academy under the provisions of this section without being subject to the following statutes and rules implementing those statutes: G.S. 143-135.26 , 143-131, 143-132, 113A-1 through 113A-10, 113A-50 through 113A-66, and 133-1.1(g). The Department of Justice shall let contracts for all repairs and renovations of the Academy as soon as possible, but not later than December 1, 1996. "The Department of Justice shall have a verifiable ten percent (10%) goal for participation by minority and women-owned businesses. All contracts for the design, construction, or demolition of facilities shall include a penalty for failure to complete the work by a specified date." 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 2009-451, s. 9.14(b), provides: "With respect to the demonstration wind turbines and necessary support facilities authorized by subsection (a) of this section, the facilities authorized under this act shall be constructed in accordance with the provisions of general law applicable to the construction of State facilities, except that the State Property Office shall expedite and grant all easements and use agreements required for construction of the facilities without payment of any fee, royalty, or other cost. Notwithstanding any other provision of law, construction of the facilities authorized by this section shall be exempt from the following statutes and rules implementing those statutes: G.S. 143-48 through 143-64, 143-128, 143-129, 143-132, 113A-1 through 113A-10, 113A-50 through 113A-66, and 113A-116 through 113A-128. If Senate Bill 1068, 2009 Regular Session, becomes law, the provisions of Part 12 of Article 21 of Chapter 143 of the General Statutes as enacted by that act shall not apply to the facilities authorized by this section. With respect to any other environmental permits required for construction of the facilities, the Department of Environment and Natural Resources is directed to expedite permitting of the project to the extent allowed by law and shall waive any application fees that would be otherwise applicable to applications for permits required for the facilities and, where possible under applicable law, issue all permits within 40 days of receipt of a complete application." Senate Bill 1068, 2009 Regular Session, did not become law. Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5, is a severability clause. Session Laws 2010-31, s. 9.10(a) and (b), provides: "(a) The General Assembly finds that strengthening research and development efforts on renewable energy sources is critical to North Carolina's environment and economy, and that recent events resulting from the British Petroleum oil spill amplify the need for North Carolina's innovators and scientists to enhance their efforts to develop sustainable energy sources and technologies that do not threaten the health and well-being of the State's waters, sensitive lands, and residents. In order to provide opportunities for research into tidal, wave, and other ocean-based sources of alternative energy, the University of North Carolina Coastal Studies Institute shall form a consortium with the Colleges of Engineering at North Carolina State University, North Carolina Agricultural and Technical State University, and the University of North Carolina at Charlotte to study the capture of energy from ocean waves. The Coastal Studies Institute shall be designated the lead agency in coordinating these efforts. Funding appropriated by this act shall be used by university scientists to conceptualize, design, construct, operate, and market new and innovative technologies designed to harness and maximize the energy of the ocean in order to provide substantial power generation for the State. Funding may be used to leverage federal or private research funding for this purpose, but may not be used to purchase and utilize technology that has already been developed by others unless that technology is a critical component to North Carolina's research efforts. Wave energy technologies developed and used for this research may be attached to or staged from an existing State-owned structure located in the ocean waters of the State, and data generated by these technologies shall be available at this structure for public education and awareness. It is the intent of the General Assembly that North Carolina become the focal point for marine-based ocean research collaborations involving the nation's public and private universities. "(b) With respect to the demonstration wave energy facility and necessary support facilities authorized by subsection (a) of this section, the facilities authorized under this act shall be constructed in accordance with the provisions of general law applicable to the construction of State facilities, except that the State Property Office shall expedite and grant all easements and use agreements required for construction of the facilities without payment of any fee, royalty, or other cost. Notwithstanding any other provision of law, construction of the facilities authorized by this section shall be exempt from the following statutes and rules implementing those statutes: G.S. 143-48 through 143-64, 143-128, 143-129, 143-132, 113A-1 through 113A-10, 113A-50 through 113A-66, and 113A-116 through 113A-128. With respect to any other environmental permits required for construction of the facilities, the Department of Environment and Natural Resources is directed to expedite permitting of the project to the extent allowed by law and shall waive any application fees that would be otherwise applicable to applications for permits required for the facilities and, where possible under applicable law, issue all permits within 40 days of receipt of a complete application." Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'." Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year." Session Laws 2010-31, s. 32.6, is a severability clause. 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 2021-92, s. 2, made the "or to contracts for dredging services in the State's coastal waters", as added to the end of the first sentence in subsection (a) of this section by Session Laws 2021-92, s. 1, effective July 22, 2021, and applicable to bids received on or after that date. Effect of Amendments. - Session Laws 2021-92, s. 1, added "or to contracts for dredging services in the State's coastal waters" to the end of the first sentence in subsection (a). For effective date and applicability, see editor's note.