North Carolina Administrative Code

01 NCAC 05B .1902 REQUISITIONS History Note: Authority G.S. 143B-10(f); Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. June 1, 1987.

01 NCAC 05B .1903 FILES (a) Each contract file shall be identified individually so it can be readily located and referenced. (b) All purchase transactions shall be documented. As applicable, each file shall include: (1) Original offers if in writing, or written documentation of v…

01 NCAC 05B .1908 PURCHASE ORDERS History Note: Authority G.S. 143B-10(f); Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. June 1, 1987.

01 NCAC 05B .1909 CANVASSING BID FILES History Note: Authority G.S. 143B-10(f); Eff. February 1, 1976; Readopted Eff. February 27, 1979; Amended Eff. February 1, 1996; Repealed Eff. April 1, 1999.

01 NCAC 05B .2014 CHANGE ORDER: FORM PC-36 History Note: Authority G.S. 150B-11; Eff. February 27, 1979; Repealed Eff. June 1, 1986.

SUBCHAPTER 05D - CONSULTANT CONTRACTS SECTION .0100 - CONSULTANTS 01 NCAC 05D .0101 APPLICABILITY The Rules in this Section and Section .0200 are applicable to all agencies except local school administrative units and Community Colleges. The Rules in this Section and Section .020…

01 NCAC 05D .0102 DEFINITION Consultant services shall mean work or task(s) performed by State employees or independent contractors possessing specialized knowledge, experience, expertise and professional qualifications to investigate assigned problems or projects and to provide …

SECTION .0200 - CONTRACTING PROCEDURE FOR CONSULTANTS 01 NCAC 05D .0201 GENERAL STATEMENT OF POLICY State agencies shall acquire consultive services only when the contract is in the best interests of the State. In acquiring such services, competition shall be sought whenever prac…

01 NCAC 05D .0202 CONSULTING CONTRACTS WITH OTHER AGENCIES Whenever possible consultant services shall be obtained from other agencies when the services available from other agencies substantially meet the reasonable specifications of the requesting agency. History Note: Authorit…

01 NCAC 05D .0203 REQUESTS FOR AUTHORITY TO CONTRACT WITH CONSULTANTS Before receiving authorization to seek consultant services, an agency shall submit to the Division of Purchase and Contract written justification for its request for consultant services. This written justificat…

01 NCAC 05D .0204 REVIEW OF AGENCY REQUESTS The documents submitted by agencies requesting authority to retain consultants will be reviewed by the Division of Purchase and Contract. Upon completion of this review the requesting agency will be advised, subject to such conditions a…

01 NCAC 05D .0205 COMPETITIVE PROPOSALS (a) An agency which receives approval to solicit proposals for consultant services shall: (1) Prepare a request for proposals in accordance with these Rules and disseminate among prospective service providers; (2) Circulate the request for …

01 NCAC 05D .0206 NEGOTIATED CONSULTANT CONTRACTS An agency which receives authorization to enter into a negotiated contract(s) for consultant services without soliciting competitive proposals shall submit the proposed contract(s) to the Division of Purchase and Contract for revi…

01 NCAC 05D .0207 CONSULTANT CONTRACT MODIFICATION Any modification to an approved contract(s) shall be subject to the same approval requirements as the original contract(s). The Governor or his designee may at his option, during the process of reviewing requests for contract mod…

01 NCAC 05D .0208 FORMAT All contracts for consultant services shall be in writing and in a format approved by the Division of Purchase and Contract. Contracts must be executed by the department head in the case of the executive departments of state government, by the chief execu…

01 NCAC 05D .0209 RELATIONSHIP OF CONSULTANT TO STATE History Note: Authority G.S. 143-64.21; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Amended Eff. February 1, 1996; Repealed Eff. October 1, 2019.

01 NCAC 05D .0210 CONSULTANT CONTRACTS CONTRARY TO THIS SECTION History Note: Authority G.S. 143-64.23; 143-1; 143-32; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. February 1, 1996.

01 NCAC 06A .0103 DIVISION ORGANIZATION History Note: Authority G.S. 143B-370; Eff. February 1, 1976; Repealed Eff. February 27, 1979.

01 NCAC 06A .0104 SCOPE OF REGULATIONS History Note: Authority G.S. 143B-370; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. June 1, 1986.

SUBCHAPTER 06B - REAL PROPERTY SECTION .0100 - GENERAL PROVISIONS 01 NCAC 06B .0101 PURPOSE: POLICY AND RESPONSIBILITY The Division of State Property is the administering agency in state government for the acquisition and disposition of all state owned land or any interest therei…

SECTION .0200 - ACQUISITION OF REAL PROPERTY 01 NCAC 06B .0201 FUNDING History Note: Authority G.S. 143-16; 143-341; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. June 1, 1986.

01 NCAC 06B .0202 GENERAL History Note: Authority G.S. 146-23; 146-25; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0203 BY DEED (a) A PO-1, "Acquisition of Real Property," must be sent to the Division of State Property by the agency desiring to acquire property. (b) Contact is made with property owner, either by registered letter, telephone call or personal visit requesting permi…

01 NCAC 06B .0206 LEASE NOT EXCEEDING $5,000: TERM NOT EXCEEDING THREE YEARS History Note: Authority G.S. 143-341(4)d.,h.; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Amended Eff. June 1, 1987; Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0207 LEASE NOT EXCEEDING $12,000/TERM THREE YEARS If the annual rental does not exceed twelve thousand dollars ($12,000) and the term does not exceed three years, the steps listed are followed: (1) Agency forward PO-1 (Acquisition of Real Property), PO-28 (Proposal t…

01 NCAC 06B .0208 LEASE MORE THAN $12,000 OR MORE THAN THREE YEARS For space needs where the annual rental exceeds twelve thousand dollars ($12,000) or the term exceeds three years, Form PO-26 provides the basic steps to follow in the leasing procedures required by G.S. 146-25.1.…

01 NCAC 06B .0209 SEMIANNUAL REPORTING OF LEASES History Note: Authority G.S. 143-341(4)h.; Eff. February 1, 1976; Readopted Eff. February 27, 1979. Repealed Eff. June 1, 1986.

01 NCAC 06B .0210 BY EASEMENT The procedures for acquisition by deed are generally followed: (North Carolina Administrative Code 6B .0203) (1) If easement area is given to the state, an appraisal would not be necessary; therefore, steps concerning securing an appraisal and reques…

01 NCAC 06B .0211 BY GIFT History Note: Authority 143-18.1; 143-34.2; 143-341; 146-26; 146-64(3); Eff. February 27, 1979; Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0212 ANNUAL LEASE MORE THAN $150,000 For space needs where the annual rental exceeds one hundred fifty thousand dollars ($150,000), Form PO-26 provides the basic steps to follow in the leasing procedures required by G.S. 146-25.1. Additional guidance is provided in t…

01 NCAC 06B .0303 BY DEED By Deed (1) A PO-2, "Disposition of Real Property," must be sent to the Division of State Property. (2) An estimate of value is determined as in Section .0900 of this Subchapter. This figure, plus expenses of the sale, will be the initial asking price fo…

01 NCAC 06B .0304 PROCEDURE FOR SALE OF STATE LAND The following procedure is used when surplus state-owned property is offered for sale by bid: (1) All state land will be advertised for sale unless waived by the Council of State. An advertisement is placed in a newspaper of gene…

01 NCAC 06B .0305 BY EASEMENT By Easement (1) A PO-2, "Disposition of Real Property," must be sent to Division of State Property. (2) Contact is made with applicant for easement to determine feasibility and if the easement is in the best interest of the state. (3) If determined n…

01 NCAC 06B .0306 BY LEASE Any State agency desiring to dispose of real property by lease will first contact the Division of State Property to ascertain there is no state need. If it is determined that there is no state need, the agency may then dispose of such real property in k…

01 NCAC 06B .0307 LEASES AT STATE FAIRGROUNDS AND WNC AG CENTER The Department of Agriculture and Consumer Services, without prior approval of the Council of State, is authorized to enter into leases of buildings or land, and contracts for the furnishing of rides, shows and other…

SECTION .0500 - EASEMENTS TO FILL 01 NCAC 06B .0501 EASEMENTS TO FILL History Note: Authority G.S. 143-341(4); 146-6; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Amended Eff. August 1, 1988; Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0502 APPLICATION The riparian owner must file written application with the Division of State Property. An application for a state permit under G.S. 113-229 will be treated as a written application when the Division of State Property determines an easement is required…

01 NCAC 06B .0503 NOTICE TO ADJOINING RIPARIAN OWNERS A copy of the application must be delivered to each owner of riparian property adjoining that of the applicant and each shall have 30 days from the date of service to object. If an application has recently been delivered to th…

01 NCAC 06B .0504 OBJECTIONS Objection by an adjacent owner does not necessarily result in easement denial; however, their reasonable objections must be considered by the Division of State Property. Comments from all riparian owners and state and federal agencies will be consider…

01 NCAC 06B .0505 LIMITATIONS ON FILL History Note: Authority G.S. 143-341(4); 146-6; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0506 ISSUANCE OF EASEMENT History Note: Authority G.S. 143-341(4); 146-6; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. August 1, 1988.

01 NCAC 06B .0507 CONDITIONS OF EASEMENT (a) Easements shall remain in full-force effect until December 31 of the next year subsequent to its execution. (b) An applicant must obtain a state permit from the Department of Natural Resources and Community Development under G.S. 113-2…

01 NCAC 06B .0508 TITLE TO LAND RAISED History Note: Authority G.S. 143-341(4); 146-6; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 06B .0509 REQUEST FOR QUITCLAIM DEED Request for quitclaim deed to the filled area should be directed to the Division of State Property. The request must be accompanied by a metes and bounds description of the filled area. The granting of the quitclaim deed is subject to …

SECTION .0600 - OTHER EASEMENTS OVER WATER 01 NCAC 06B .0601 EASEMENTS: LANDS COVERED BY WATER: RIPARIAN OWNERS History Note: Authority G.S. 143-341(4); 146-12; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. July 1, 1988.

01 NCAC 06B .0602 APPLICATION AND COSTS History Note: Authority G.S. 143-341(4); 146-12; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. August 1, 1988.

01 NCAC 06B .0606 EASEMENTS History Note: Authority G.S. 143-341(4); 146-11; 146-12; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. July 1, 1988.