North Carolina § 143-135 - Limitation of application of Article.

§ 143-135. Limitation of application of Article.

Except for the provisions of G.S. 143-129 requiring bids for the purchase of apparatus, supplies, materials or equipment, this Article shall not apply to any of the following: Construction or repair work undertaken by the State (i) when the work is performed by duly elected officers or agents using force account qualified labor on the permanent payroll of the agency concerned and (ii) when either the total cost of the project, including without limitation all direct and indirect costs of labor, services, materials, supplies and equipment, does not exceed one hundred twenty-five thousand dollars ($125,000) or the total cost of labor on the project does not exceed fifty thousand dollars ($50,000). Construction or repair work undertaken by a subdivision of the State (i) when the work is performed by duly elected officers or agents using force account qualified labor on the permanent payroll of the agency concerned and (ii) when either the total cost of the project, including without limitation all direct and indirect costs of labor, services, materials, supplies and equipment, does not exceed five hundred thousand dollars ($500,000) or the total cost of labor on the project does not exceed two hundred thousand dollars ($200,000). Construction or repair work undertaken by The University of North Carolina and its constituent institutions (i) when the work is performed by duly elected officers or agents using force account qualified labor on the permanent payroll of the university and (ii) when either the total cost of the project, including, without limitation, all direct and indirect costs of labor, services, materials, supplies, and equipment, does not exceed two hundred thousand dollars ($200,000) or the total cost of labor on the project does not exceed one hundred thousand dollars ($100,000). The force account work undertaken pursuant to this section shall be subject to the approval of the Director of the Budget in the case of State agencies, of the responsible commission, council, or board in the case of subdivisions of the State. Complete and accurate records of the entire cost of such work, including without limitation, all direct and indirect costs of labor, services, materials, supplies and equipment performed and furnished in the prosecution and completion thereof, shall be maintained by such agency, commission, council or board for the inspection by the general public. Construction or repair work undertaken pursuant to this section shall not be divided for the purposes of evading the provisions of this Article. History (1933, c. 552, ss. 1, 2; 1949, c. 1137, s. 2; 1951, c. 1104, s. 6; 1967, c. 860; 1975, c. 292, ss. 1, 2; c. 879, s. 46; 1979, 2nd Sess., c. 1248; 1981, c. 860, s. 13; 1995, c. 274, s. 1; 2007-322, s. 5; 2015-276, s. 6.) Local Modification. - Ashe: 1959, c. 627; Avery: 1995, c. 175, s. 1; Beaufort: 1955, c. 1136; Brunswick: 1961, c. 503; Buncombe: 2009-76, s. 1 (As to certain streets in area of Buncombe County jail annex; expires July 1, 2010); Catawba: 2004-35 (expires December 30, 2006); 2007-1 (as to construction of Catawba County Blackburn Landfill, effective June 1 2007, expires December 1, 2008); Davie: 2005-32, ss. 1, 2 (as to expansion and improvement of Emergency Medical Services Station Number One); Duplin: 1983 (Reg. Sess., 1984), c. 959; 1985, c. 124; Franklin: 1957, c. 288; Halifax: 1957, c. 803; Macon: 1983, c. 355; McDowell: 1959, c. 553; Mecklenburg: 2009-250 (as to non-utility construction or repair work for park and greenway projects, effective July 2, 2009, expires June 30, 2012); New Hanover Northeast Interceptor Sewer Force Main projects: 2007-135, s. 2 (expires December 31, 2009); Pender: 1955, c. 187; Union: 1985 (Reg. Sess., 1986), c. 914, s. 1; Watauga: 1993 (Reg. Sess., 1994), c. 667, s. 1; (as to Anne Marie Drive Park) 2005-197, s. 7; (As to Article 8, except for G.S. 143-128.2 , 143-128.3 and 143-129 for installation of electrical, water or sewer lines up to structures in business center) city of Albemarle: 2019-65 (expires December 31, 2028); city of Asheboro: (as to Zoo City Park Project) 2008-55, s. 2(a) (expires December 31, 2010); city of Asheville: 2009-76, s. 1 (As to certain streets in area of Buncombe County jail annex; expires July 1, 2010); city of Belmont: 1967, c. 419; city of Gastonia: 1967, c. 392; city of Goldsboro: 1991, c. 555, s. 10; city of Lumberton: 1983 (Reg. Sess., 1984), c. 950; city of Marion: 1959, c. 553; city of Monroe: 1985, c. 128; 2000-35, s. 1; city of Wilmington Northeast Interceptor Sewer Force Main projects: 2007-135, s. 2 (expires December 31, 2009); city of Winston-Salem: (as to certain road and greenway projects) 2008-55, s. 1(a) (expires July 1, 2010); town of Boone: (as to Anne Marie Drive Park) 2005-197, s. 7; town of Booneville: 1993 (Reg. Sess., 1994), c. 667, s. 1; town of Chapel Hill: 2000-97, s. 1; town of Dallas: 2009-76, s. 2 (as to police department renovations; expires July 1, 2011); town of Wake Forest: 2003-32 (as to use of qualified labor on electrical distribution feeder circuits project for which construction on the first phase begins no later than December 31, 2003 and construction on the final phase commences no later than December 31, 2009, and as to use of qualified labor on Electrical Substation project for which construction on the first phase begins no later than December 31, 2006); town of Wilkesboro: 2007-44, s. 1 (as to the construction of a water pump station and the extension of a waterline to serve a Department of Transportation rest center to be built outside the corporate limits, and to the replacement of five sewer interceptor lines that will be installed, expires December 30, 2009); city of Fayetteville Public Works Commission: 2006-48, s. 1 (expires January 1, 2012); Macon County School Administrative Unit: 1983, c. 355. Editor's Note. - Session Laws 2007-322, s. 13, provides: This act is effective when it becomes law [July 30, 2007]. Sections 1 through 4 of this act apply to construction projects for which bids or proposals are solicited on or after that date. Section 5 of this act [which added the proviso at the end of the first sentence] applies to construction or repair work commenced on or after that date. Session Laws 2015-276, s. 7, provides: "Sections 1 and 2 of this act become effective December 1, 2015, and apply to offenses committed on or after that date. The remainder of this act is effective when this act becomes law [October 20, 2015] and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2015-276, s. 6, effective October 20, 2015, rewrote the section. For applicability, see editor's note.