North Carolina § 143-52 - 1. Award recommendations; State Purchasing Officer action.

§ 143-52. 1. Award recommendations; State Purchasing Officer action.

Award Recommendation. - When the dollar value of a contract to be awarded under Article 3 of Chapter 143 of the General Statutes exceeds the benchmark established pursuant to G.S. 143-53.1, an award recommendation shall be submitted to the State Purchasing Officer for approval or other action. The State Purchasing Officer shall promptly notify the agency or institution making the recommendation, or for which the purchase is to be made, of the action taken. through (d) Repealed by Session Laws 2013-234, s. 4, effective July 3, 2013. Reporting. - The State Procurement Officer shall provide a monthly report of all contract awards greater than the benchmark established under G.S. 143-53.1 approved through the Division of Purchase and Contract to the Cochairs of the Joint Legislative Committee on Governmental Operations. The report shall include the amount of the award, the award recipient, the using agency, and a short description of the nature of the award. History (1999-434, s. 13; 2001-487, s. 21(e); 2004-129, s. 41A; 2013-234, s. 4; 2020-78, s. 13.1(a); 2020-90, s. 1.1.) Editor's Note. - Session Laws 2007-169, s. 2, as amended by Session Laws 2008-187, s. 45, and as amended by Session Laws 2009-474, s. 9, provides: "Notwithstanding G.S. 143-52.1 and S.L. 2006-203, through June 30, 2011, the members of the Advisory Budget Commission in office on June 30, 2007, shall continue to be eligible for appointment to the Board of Awards, and vacancies may be filled by the appointing authority. Through June 30, 2011, the Secretary of Administration shall appoint the Board of Awards from among those eligible." Session Laws 2013-234, s. 11, provides: "The Department of Administration shall provide an individualized notice to the following State entities to ensure that the entities are aware of how the statutory amendments made in S.L. 2010-194, Section 15 of S.L. 2011-326, and this act apply to them: "(1) The North Carolina State Lottery Commission, which is subject to G.S. 18C-150 . "(2) The Commissioner of Banks, who is subject to G.S. 53-320(d) , 53-326(d), 53-391, and 53-401. "(3) The Commissioner of Insurance, who is subject to G.S. 53-401 , 58-33-30(e)(4) and (5), 58-33-125(e), 58-33-130(a), and 58-71-40(d). "(4) The Global TransPark Authority, which is subject to G.S. 63A-24 . The Secretary of Transportation shall be copied on the notice sent to the Global TransPark Authority. "(5) The North Carolina State Bar Council, which is subject to G.S. 84-23(d) . "(6) The North Carolina Board for Licensing of Geologists, which is subject to G.S. 89E-5(e) . "(7) The North Carolina Board for Licensing of Soil Scientists, which is subject to G.S. 89F-5(d) . "(8) The constituent institutions of The University of North Carolina, which are subject to G.S. 114-8.3(b) . For notification under this subdivision, the Department of Administration may provide The University of North Carolina system a notification to distribute to all of its constituent institutions. If the Department of Administration does so, The University of North Carolina system shall distribute those notifications to the system's constituent institutions. "(9) The North Carolina Center for Applied Textile Technology, which is subject to G.S. 115D-67.4 . "(10) The North Carolina State Health Plan for Teachers and State Employees, which is subject to G.S. 135-48.33(b) . "(11) The Department of Transportation, which is subject to G.S. 136-28.1(h) and G.S. 143-134(b) . "(12) The North Carolina Turnpike Authority, which is subject to G.S. 136-89.194(g)(1) . The Secretary of Transportation shall be copied on the notice sent to the Turnpike Authority. "(13) The Department of Health and Human Services, which is subject to G.S. 143-48.1(c) . "(14) The Division of Adult Correction of the Department of Public Safety, which is subject to G.S. 143-134(b) . The Secretary of Public Safety shall be copied on the notice sent to the Division of Adult Correction. "(15) The North Carolina Code Officials Qualification Board, which is subject to G.S. 143-151.16(d) . The Commissioner of Insurance shall be copied on the notice sent to the Code Officials Qualification Board. "(16) The Roanoke Island Commission, which is subject to G.S. 143B-131.2(b)(15). The Secretary of Cultural Resources shall be copied on the notice sent to the Roanoke Island Commission. "(17) Any other State entity subject to contract review under G.S. 114-8.3 . "The Department of Administration, as part of its notice, shall provide a means by which an entity may acknowledge receipt and understanding of the notice. If the Department of Administration has not received an acknowledgement from a State entity within 30 days of sending the notice, the Department of Administration shall send a second notice. If the Department of Administration has not received an acknowledgement from a State entity within 30 days of sending the second notice, the Department of Administration shall notify (i) the Joint Legislative Program Evaluation Oversight Committee and (ii) the House Appropriations Subcommittee on General Government and the Senate Appropriations Committee on General Government and Information Technology." Session Laws 2020-78, s. 13.1(e), made the amendment of this section by Session Laws 2020-78, s. 13.1(a), effective July 1, 2020, and applicable to contracts entered into on or after that date. Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium." Session Laws 2020-78, s. 22.3, is a severability clause. Session Laws 2020-90, s. 1.6, made the amendment of this section by Session Laws 2020-90, s. 1.1, effective July 2, 2020, and applicable to contracts entered into on or after that date. Effect of Amendments. - Session Laws 2004-129, s. 41A, effective July 1, 2004, substituted "Legislative Oversight" for "Select" in subsection (e). Session Laws 2013-234, s. 4, effective July 3, 2013, rewrote the section heading, which formerly read "Board of Awards"; and rewrote the section. Session Laws 2020-78, s. 13.1(a), substituted "the benchmark established under G.S. 143-53.1 " for "twenty-five thousand dollars ($25,000)" in the first sentence of subsection (e). For effective date and applicability, see editor's note. Session Laws 2020-90, s. 1.1, substituted "the benchmark established under G.S. 143-53.1 " for "twenty-five thousand dollars ($25,000)" in the first sentence of subsection (e). For effective date and applicability, see editor's note.