North Carolina § 143-53 - 1. Setting of benchmarks; increase by Secretary.

§ 143-53. 1. Setting of benchmarks; increase by Secretary.

On and after July 1, 2014, the procedures prescribed by G.S. 143-52 with respect to competitive bids and the bid value benchmark authorized by G.S. 143-53(a)(2) with respect to rule making by the Secretary of Administration for competitive bidding shall promote compliance with the principles of procurement efficiency, transparency, and fair competition to obtain the State's business. For State departments, institutions, and agencies, except the President of The University of North Carolina or a special responsibility constituent institution of The University of North Carolina and community colleges, the benchmark shall not be greater than one hundred thousand dollars ($100,000). For the President of The University of North Carolina or a special responsibility constituent institution of The University of North Carolina, the benchmark prescribed in this section is as provided in G.S. 116-31.10. For community colleges, the benchmark prescribed in this section is as provided in G.S. 115D-58.14. Expired pursuant to Session Laws 2009-475, s. 16, effective June 30, 2012. History (1989 (Reg. Sess., 1990), c. 936, s. 3(c); 1991, c. 689, s. 206.2(b); 1993 (Reg. Sess., 1994), c. 591, s. 10(a); c. 769, s. 17.6(b); 1997-412, s. 4; 2009-475, s. 5; 2011-326, s. 18(a); 2013-289, s. 8; 2017-68, s. 4(b); 2020-78, s. 13.1(c); 2020-90, s. 1.3.) Cross References. - As to purchasing flexibility for community colleges, see G.S. 115D-58.14 . Editor's Note. - Session Laws 2009-475, s. 5, which added the former last sentence in subsection (a) and added subsection (b), dealing with contracts using funds from the AARA, expired on June 30, 2012. However, as to the amendment of the last sentence in subsection (a), see the Editor's note to Session Laws 2011-326. Session Laws 2011-326, s. 18(a), effective July 1, 2012, makes the same amendment to subsection (a) that was made by Session Laws 2009-475, s. 5, and which was to expire June 30, 2012. This has the effect of removing the expiration date for the amendment of subsection (a) by Session Laws 2009-475, s. 5. Session Laws 2020-78, s. 13.1(e), made the amendment of subsection (a) of this section by Session Laws 2020-78, s. 13.1(c), 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 subsection (a) of this section by Session Laws 2020-90, s. 1.3, effective July 2, 2020, and applicable to contracts entered into on or after that date. Effect of Amendments. - Session Laws 2009-475, s. 5, effective February 17, 2009, designated the previously existing provisions as subsection (a); added the last sentence in subsection (a); and added subsection (b). Session Laws 2011-326, s. 18(a), effective July 1, 2012, added the subsection (a) designation, and therein added the last sentence. Session Laws 2013-289, s. 8, effective July 18, 2013, in subsection (a), rewrote the first sentence, and substituted "this section is" for "this section shall be" in the second sentence. Session Laws 2017-68, s. 4(b), effective June 28, 2017, inserted "the President of The University of North Carolina or" in the second sentence of subsection (a). Session Laws 2020-78, s. 13.1(c), inserted the second sentence of subsection (a). For effective date and applicability, see editor's note. Session Laws 2020-90, s. 1.3, inserted the second sentence in subsection (a). For effective date and applicability, see editor's note.