North Carolina § 143-48 - 3. Electronic procurement.

§ 143-48. 3. Electronic procurement.

The Department of Administration shall develop and maintain electronic or digital standards for procurement. The Department of Administration shall consult with the Office of the State Controller, the Department of Information Technology, the Department of State Auditor, the Department of State Treasurer, The University of North Carolina System Office, the Community Colleges System Office, and the Department of Public Instruction. The Department of Administration shall comply with the State government-wide technical architecture for information technology, as required by the State Chief Information Officer. The Department of Administration, in conjunction with the Office of the State Controller and the Department of Information Technology may, upon request, provide to all State agencies, universities, and community colleges, training in the use of the electronic procurement system. The Department of Administration shall utilize the Department of Information Technology as an Application Service Provider for an electronic procurement system. The Department of Information Technology shall operate this electronic procurement system, through State ownership or commercial leasing, in accordance with the requirements and operating standards developed by the Department of Administration and the financial reporting and accounting procedures of the Office of the State Controller. This section does not otherwise modify existing law relating to procurement between The University of North Carolina, UNC Health Care, community colleges, and the Department of Administration. The Board of Governors of The University of North Carolina shall exempt North Carolina State University and The University of North Carolina at Chapel Hill from the electronic procurement system authorized by this Article until May 1, 2003. Each exemption shall be subject to the Board of Governors' annual review and reconsideration. Exempted constituent institutions shall continue working with the North Carolina E-Procurement Service as that system evolves and shall ensure that their proposed procurement systems are compatible with the North Carolina E-Procurement Service so that they may take advantage of this service to the greatest degree possible. Before an exempted institution expands any electronic procurement system, that institution shall consult with the Joint Legislative Commission on Governmental Operations and the Joint Legislative Oversight Committee on Information Technology. By May 1, 2003, the General Assembly shall evaluate the efficacy of the State's electronic procurement system and the inclusion and participation of entities in the system. Any State entity or community college operating a functional electronic procurement system established prior to September 1, 2001, may until May 1, 2003, continue to operate that system independently or may opt into the North Carolina E-Procurement Service. Each entity subject to this section shall notify the Department of Information Technology by January 1 of each year of its intent to participate in the North Carolina E-Procurement Service. History (2000-67, s. 7.8; 2000-140, ss. 95(a), 95(b); 2001-424, s. 15.6(b); 2001-513, s. 28(a); 2002-126, ss. 27.1(a), 27.1(b), 27.1(c); 2003-147, s. 7; 2004-129, ss. 40, 40A, 41; 2004-203, s. 72(b); 2015-241, s. 7A.4(o); 2018-12, s. 15.) Certification as E-Procurement Compliant. - Session Laws 2003-147, s. 10(a) through (e) contains provisions encouraging local school administrative units to use the NC E-procurement Service for their purchasing requirements. Editor's Note. - Session Laws 2000-67, s. 7.8, enacted this section as G.S. 143B-472.70 , in a new Part 17, Electronic Procurement in Government, in Chapter 143B , Article 10. Session Laws 2000-140, s. 95(a), recodified the section as G.S. 143-48.3 . Session Laws 2000-140, s. 95(b), repealed Part 17 of Chapter 143B , Article 10. Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2001'." Session Laws 2001-424, s. 15.6(c), provides: "The Board of Governors of The University of North Carolina shall take appropriate action to encourage the effective utilization of the North Carolina Electronic Procurement Service by the constituent institutions. By April 1, 2002, and annually thereafter, the Department of Administration and the Office of Information Technology Services, in conjunction with the UNC General Administration, shall review the effect of the exemptions granted under subsection (b) of this section [s. 15.6(b) of Session Laws 2001-424] upon the North Carolina Electronic Procurement Service and shall report their findings to the Joint Select Committee on Information Technology and the Joint Legislative Commission on Governmental Operations." Session Laws 2001-424, s. 31.11(b), provides: "In the event that G.S. 116-40.22 as enacted by this section and Section 15.6 of this act [ss. 31.62 and 15.6 of Session Laws 2001-424] conflict, then the provisions of section 15.6 control." Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium." Session Laws 2001-424, s. 36.5, is a severability clause. Session Laws 2003-147, s. 11, provides: "Nothing in this act shall be construed to limit the authority of the Department of Administration to develop, implement, and monitor a pilot program for reverse auctions for public school systems as provided in Section 3 of Chapter 107 of the 2002 Session Laws." Session Laws 2003-147, s. 12, as amended by Session Laws 2004-203, s. 72(b), provides that the amendment to this section by s. 7 of the act becomes effective for a local school administrative unit when the unit is certified by the Department of Public Instruction as being E-Procurement compliant, as provided in s. 10 of the act, or April 1, 2004, whichever occurs first. For provisions pertaining to Statewide Electronic Portal reporting requirement and the implementation and operation of the portal, see G.S. 147-33.87 A and the notes thereto. Session Laws 2011-145, s. 6A.10, as amended by Session Laws 2011-391, s. 12(b), which contained similar provisions regarding implementation of a state electronic portal, was repealed by Session Laws 2012-142, s. 6A.12(j). Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year." Session Laws 2012-142, s. 27.7 is a severability clause. Effect of Amendments. - Session Laws 2004-129, ss. 40, 40A, and 41, effective July 1, 2004, substituted "State Chief Information Officer" for "Information Resources Management Commission" in subsection (a1); substituted "Legislative Oversight" for "Select" in subsection (e); in subsection (f), substituted "Office of Information Technology Services" for "Information Resources Management Commission," and substituted "by January 1 of each year" for "by January 1, 2002, and annually therefter"; and made a minor punctuation change. Session Laws 2015-241, s.7A.4(o), effective September 18, 2015, substituted "Department of Information Technology" for "Office of Information Technology Services" throughout the section; and deleted "(ITS)" preceding "the Department of State Auditor" in the second sentence of subsection (a). Session Laws 2018-12, s. 15, effective July 1, 2018, substituted "System Office" for "General Administration" in subsection (a).