North Carolina § 143-57 - Purchases of articles in certain emergencies.

§ 143-57. Purchases of articles in certain emergencies.

In case of any emergency or pressing need arising from unforeseen causes including but not limited to delay by contractors, delay in transportation, breakdown in machinery, or unanticipated volume of work, the Secretary of Administration shall have power to obtain or authorize obtaining in the open market any necessary supplies, materials, equipment, printing or services for immediate delivery to any department, institution or agency of the State government. A report on the circumstances of such emergency or need and the transactions thereunder shall be made a matter of record promptly thereafter. If the expenditure exceeds the benchmark established under G.S. 143-53.1 , the report shall also be made promptly thereafter to the Division of Purchase and Contract. History (1931, c. 261, s. 8; 1957, c. 269, s. 3; 1971, c. 587, s. 1; 1975, c. 879, s. 46; 1999-400, s. 3; 2020-78, s. 13.1(d); 2020-90, s. 1.4.) Editor's Note. - Session Laws 1999-400, s. 3.1, provided that the act would apply to an agency, board, department, institution, or commission that is exempt from Article 3 of Chapter 143 of the General Statutes or from the provisions of that Article that require certain contracts to be awarded by the Department of Administration. Session Laws 1999-405, s. 7.1, provided that if Senate Bill 968 became law, the amendments made by Senate Bill 968, which added the last sentence, does not apply to Special Responsibility Constituent Institutions as designated by the Board of Governors of The University of North Carolina pursuant to G.S. 116-30.1 . Senate Bill 968 was enacted as Session Laws 1999-400, effective September 1, 1999. Session Laws 2020-78, s. 13.1(e), made the amendment of this section by Session Laws 2020-78, s. 13.1(d), 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. 1.4, effective July 2, 2020, and applicable to contracts entered into on or after that date. Session Laws 2020-97, s. 1.7(a), (b), as amended by Session Laws 2021-1, s. 3.12, provides: "(a) Notwithstanding the provisions of G.S. 143-57 , State departments, institutions, and agencies subject to Article 3 of Chapter 143 of the General Statutes may obtain in the open market necessary supplies, materials, equipment, printing, or services to address the COVID-19 pandemic, including purchases that exceed the benchmark established under G.S. 143-53.1 , without the authorization or approval of the Secretary of Administration. A report on COVID-19 expenditures shall be made a matter of record promptly after the expenditures have been made. If the expenditure exceeds the benchmark established under G.S. 143-53.1 , the report shall also be made promptly thereafter to the Division of Purchase and Contract. For purposes of this subsection, the term 'COVID-19' means the coronavirus disease 2019. "(b) This section applies to all contracts entered into on or after the date it becomes law and expires on December 31, 2021." Session Laws 2020-97, s. 4.5, is a severability clause. Effect of Amendments. - Session Laws 2020-78, s. 13.1(d), substituted "the benchmark established under G.S. 143-53.1 " for "ten thousand dollars ($10,000)" in the last sentence. For effective date and applicability, see editor's note. Session Laws 2020-90, s. 1.4, substituted "the benchmark established under G.S. 143-53.1 " for "ten thousand dollars ($10,000)" in the last sentence. For effective date and applicability, see editor's note.