North Carolina § 143B-139 - 6C. Cooling-off period for certain Department employees.

§ 143B-139. 6C. Cooling-off period for certain Department employees.

Ineligible Vendors. - The Secretary of the Department of Health and Human Services shall not contract for goods or services with a vendor that employs or contracts with a person who is a former employee of the Department and uses that person in the administration of a contract with the Department. Vendor Certification. - The Secretary shall require each vendor submitting a bid or contract to certify that the vendor will not use a former employee of the Department in the administration of a contract with the Department in violation of the provisions of subsection (a) of this section. A violation of the provisions of this section shall void the contract. Definitions. - As used in this section, the following terms mean: Administration of a contract. - The former employee's duties and responsibilities for the vendor include oversight of the performance of a contract, or authority to make decisions regarding a contract, including interpretation of a contract, development of specifications or terms of a contract, or award of a contract. Former employee of the Department. - A person who, for any period within the preceding six months, was employed as an employee or contract employee of the Department of Health and Human Services and personally participated in any of the following: The award of a contract to the vendor. An audit, decision, investigation, or other action affecting the vendor. Regulatory or licensing decisions that applied to the vendor. History (2015-245, s. 14(a); 2016-121, s. 2(i).) Editor's Note. - Session Laws 2015-245, s. 14(b), made this section effective November 1, 2015, and applicable to contracts entered into on or after that date. Effect of Amendments. - Session Laws 2016-121, s. 2(i), retroactively effective June 1, 2016, in subdivision (d)(1), substituted "The former employee's duties and responsibilities for the vendor include oversight" for "Oversight" at the beginning, substituted "including interpretation of a contract, development of specifications or terms of a contract" for "interpretation of a contract, or participation in the development of specifications or terms of a contract or in the preparation" and made a stylistic change; in subdivision (d)(2), substituted "Services and personally participated in any of the following" for "Services, and in the six months immediately preceding termination of State employment, participated personally in either the award or management of a Department contract with the vendor, or made regulatory or licensing decisions that directly applied to the vendor" and added sub-subdivisions (d)(2)a. through (d)(2)c. PART 1A. CONSOLIDATED COUNTY HUMAN SERVICES.