North Carolina Administrative Code

09 NCAC 03M .0202 recipient AND subrecipient Responsibilities A recipient or subrecipient that receives grants shall ensure that those funds are utilized for their intended purpose, as outlined in the contract, and shall expend those funds in compliance with requirements establis…

09 NCAC 03M .0203 Subgrantee Responsibilities History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Repealed Eff. July 1, 2016.

09 NCAC 03M .0204 reserved for future codification

09 NCAC 03M .0205 Minimum Reporting Requirements for Recipients and subrecipients (a) For the purposes of this Subchapter, there are two reporting levels established for recipients and subrecipients receiving grants. Reporting levels are based on the allocated funds from all gran…

SECTION .0300 - RESPONSIBILITIES OF THE OFFICE OF THE STATE CONTROLLER 09 NCAC 03M .0301 Office of the State Controller Responsibilities History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Amended Eff. October 1, 2007; Pursuant to G.S. 150B-21.3A, rule Expired M…

SECTION .0400 - RESPONSIBILITIES OF AGENCIES 09 NCAC 03M .0401 Agency Responsibilities (a) An agency that receives State funds and disburses those funds as grant funds to a recipient shall: (1) Notify each recipient, at the time the grant award is made, of the purpose of the awar…

SECTION .0500 - RESPONSIBILITIES OF THE OFFICE OF THE STATE AUDITOR 09 NCAC 03M .0501 Office of the State Auditor Responsibilities History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Repealed Eff. July 1, 2016.

SECTION .0600 - RESPONSIBILITIES OF THE OFFICE OF STATE BUDGET AND MANAGEMENT 09 NCAC 03M .0601 Office of State Budget and Management Responsibilities History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Readopted Eff. July 1, 2016; Repealed Eff. July 1, 2024.

SECTION .0700 - CONTRACTING, MONITORING, AND OVERSIGHT 09 NCAC 03M .0701 GRANT DOCUMENTATION History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Repealed Eff. July 1, 2016.

09 NCAC 03M .0702 SUBORDINATION OF OTHER CONTRACTS AGREEMENTS No contract agreements shall act to eliminate or diminish the requirements contained in this Subchapter. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Readopted Eff. July 1, 2016.

09 NCAC 03M .0703 REQUIRED CONTRACT PROVISIONS Prior to receiving grant funds, the recipient shall sign a contract with the agency that shall contain the obligations of both parties. Prior to disbursing any grant funds, each agency shall sign a contract with the recipient requiri…

09 NCAC 03M .0704 GRANT MONITORING AND EVALUATION History Note: Authority G.S. 143C-6-22; 143C-23; Eff. July 1, 2005; Repealed Eff. July 1, 2016.

SECTION .0800 - SANCTIONS 09 NCAC 03M .0801 NONCOMPLIANCE WITH RULES (a) An agency shall not disburse any grant funds to an entity that is on the Suspension of Funding list. (b) When a non-State entity does not comply with the requirements of this Subchapter, the agency shall tak…

09 NCAC 03M .0802 RECOVERY OF STATE FUNDS (a) The disbursing agency shall take administrative action to recover grant funds in the event a recipient or subrecipient: (1) Is unable to fulfill the obligations of the contractual agreement; (2) Is unable to accomplish the purposes of…

SUBCHAPTER 05b - NORTH CAROLINA MINIMUM STANDARDS FOR JUVENILE DETENTION FACILITIES SECTION .0100 - CONCEPTS OF DETENTION 09 NCAC 05B .0101 DEFINITION OF DETENTION History Note: Authority G.S. 7A-573; 7A-574; 7A-611; 7A-652; 134A-39; 153A-221; 153A-221.1; Eff. July 1, 1977; Amend…

09 NCAC 05B .0102 USE OF DETENTION History Note: Authority G.S. 7A-574; 7A-611; 7A-649; 7A-652; Eff. July 1, 1977; Amended Eff. December 1, 1985; Repealed Eff. July 1, 1990.

09 NCAC 05B .0103 OBJECTIVES OF DETENTION CARE History Note: Authority G.S. 134A-20; 134A-37; 134A-39; 153A-221; 153A-221.1; Eff. July 1, 1977; Amended Eff. July 1, 1990; Temporary Repeal Eff. July 15, 2002; Repealed Eff. April 1, 2003.

SECTION .0600 - SOCIAL SERVICES BLOCK GRANT (Title XX) 09 ncac 05b .0601 TWELVE MONTH ELIGIBILITY REDETERMINATION History Note: Authority G.S. 143B-153; 143B-157; Eff. May 1, 1978; Amended Eff. July 1, 1982; Transferred from 10 NCAC 43F .0002 Eff. July 1, 1983; Temporary Repeal E…

09 NCAC 05B .0602 YOUTH SERVICES History Note: Authority G.S. 143B-10; 143B-153; Eff. March 1, 1983; Transferred from 10 NCAC 43D .0247 Eff. July 1, 1983; Temporary Repeal Eff. July 15, 2002; Repealed Eff. April 1, 2003.

10 NCAC 44C .0101-.0103 has been transferred from the Department of Health & Human Services - Youth Services Division to the Office of the Governor/Lieutenant Governor and recodified as 9 NCAC 5C .0101-.0103 effective July 7, 1999. SUBCHAPTER 5C - CBA PROGRAM STANDARDS SECTION .0…

09 NCAC 05C .0102 DEFINITION OF TERMS History Note: Authority G.S. 7A-289.14; Eff. December 1, 1985; Amended Eff. July 1, 1990; Temporary Repeal Eff. July 15, 2002; Repealed Eff. April 1, 2003.

09 NCAC 05C .0103 APPLICABILITY OF STANDARDS History Note: Authority G.S. 7A-289.14; 143B-10; Eff. December 1, 1985; Repealed Eff. July 1, 1990.

SECTION .0600 - RELIGION 09 NCAC 05C .0601 OPPORTUNITIES SHALL BE PROVIDED History Note: Authority G.S. 7A-289.14; 143B-10; Eff. December 1, 1985; Temporary Repeal Eff. July 15, 2002; Repealed Eff. April 1, 2003.

09 NCAC 05C .1005 STAFF FUNCTIONS IN ADULT VOLUNTEERS PROGRAMS History Note: Authority G.S. 7A-289.14; 143B-10; Eff. December 1, 1985; Repealed Eff. July 1, 1990.

09 NCAC 05C .1006 EMPLOYMENT POLICIES REQUIRED FOR ALL PROGRAMS History Note: Authority G.S. 7A-289.14; Eff. December 1, 1985; Amended Eff. July 1, 1990; Temporary Repeal Eff. July 15, 2002; Repealed Eff. April 1, 2003.

SUBCHAPTER 5G - SHARING OF INFORMATION REGARDING ABUSED, NEGLECTED, DEPENDENT, UNDISCIPLINED, OR DELINQUENT JUVENILES SECTION .0100 - GENERAL INFORMATION 09 NCAC 05G .0101 PURPOSE AND SCOPE History Note: Authority G.S. 7B-3100; Temporary Adoption Eff. July 7, 1999; Temporary Adop…

09 NCAC 05G .0102 DEFINITIONS History Note: Authority G.S. 7B-3100; Temporary Adoption Eff. July 7, 1999; Temporary Adoption Expired April 28, 2000.

09 NCAC 05G .0103 AGENCIES AUTHORIZED TO SHARE INFORMATION History Note: Authority G.S. 7B-3100; Temporary Adoption Eff. July 7, 1999; Temporary Adoption Expired April 28, 2000.

09 NCAC 05G .0104 SHARING OF INFORMATION AMONG DESIGNATED AGENCIES History Note: Authority G.S. 7B-3100; Temporary Adoption Eff. July 7, 1999; Temporary Adoption Expired April 28, 2000.

subchapter 06a – information technology procurement section .0100 – forms, terms and conditions and definitions This Chapter was transferred and recodifed from 4 NCAC 21 effective September 1, 2000. [S.L. 2000-174] 09 NCAC 06A .0101 FORMS, TERMS AND CONDITIONS In these Rules the …

09 NCAC 06A .0102 DEFINITIONS For the purpose of this Chapter, (1) "Agency/Agencies" is defined as an entity enumerated in G.S. 147-33.81(6). (2) "Best value procurement" is defined as a procurement process with the objective of reducing the total cost of ownership. The particula…

09 NCAC 06A .0103 BENCHMARK AND THE BOARD OF AWARDS History Note: Authority G.S. 143-52.1; 147-33.76(b1); 147-33.101(a); Temporary Adoption Eff. January 1, 2000; Eff. August 1, 2000; Amended Eff. September 1, 2013; March 1, 2001; Pursuant to G.S. 150B-21.3A, rule Expired May 1, 2…

09 NCAC 06A .0104 RIGHT TO PETITION (a) Any person submitting a petition requesting the adoption, amendment, or repeal of a rule under this Chapter shall address the petition to the Rules Coordinator, Attn: DIT Legal Services, Mail Service Center 4101, Raleigh, North Carolina 276…

SUBCHAPTER 06B – PROCUREMENT REQUESTS section .0100 - REQUISITIONING 09 NCAC 06B .0101 agency requests for authorization (a) The purchasing agency shall request authorization for procurement action exceeding its delegated authority from the State CIO by means of electronic or wri…

09 NCAC 06B .0102 VERBAL REQUESTS History Note: Authority G.S. 147-33.76(b1); 147-33.95(b); Temporary Adoption Eff. January 1, 2000; Eff. August 1, 2000; Repealed Eff. September 1, 2013.

09 NCAC 06B .0103 CONFIDENTIALITY of solicitation documents (a) In order to preserve fairness and encourage competitiveness, all information and documentation in whatever form, (e.g., electronic, written, and verbal forms) relative to the development of a solicitation for a propo…

section .0200 - specifications 09 NCAC 06b .0201 development of it solicitation documents and SPECIFICATIONS (a) There shall be one or more types of IT solicitation documents that include specifications established by the State CIO or any other agency as statutorily authorized. (…

09 NCAC 06B .0202 NEED The State CIO may inquire into the need for and level of quality of goods or services requested by a purchasing agency in its solicitation document. After consultation with the purchasing agency, the State CIO may authorize or modify the level of specificat…

09 NCAC 06B .0203 DEVELOPMENT OF SPECIFICATIONS History Note: Authority G.S. 147-33.95(b); 147-33.103(b); Temporary Adoption Eff. January 1, 2000; Eff. August 1, 2000; Repealed Eff. September 1, 2013.

09 NCAC 06B .0204 ARTICLES FOR SPECIAL PURPOSES Where articles are to be used: (1) for educational or training purposes; (2) by persons with disabilities; (3) for test and evaluation or research purposes; or (4) for any other special purpose deemed necessary by the State CIO, con…

section .0300 – procurement authorization and procedures 09 ncac 06b .0301 PROCUREMENT PROCEDURES (a) The procurement process of requesting or inviting an offer(s) shall be managed by the purchasing agency, including use of standard solicitation document language and terms and co…

09 NCAC 06B .0302 METHODS OF SOURCE SELECTION Purchases governed by general delegation or statute shall be solicited, and offers evaluated, in accordance with the following best value methods: (1) The purchasing agency shall use the following steps for best value procurements; (a…

09 NCAC 06B .0303 Electronic OFFERS The purchasing agency may accept offers submitted electronically in response to solicitation documents if such offers comply with these Rules and applicable laws. The purchasing agency's use of digital or electronic signatures must be consisten…

09 NCAC 06B .0304 RECALL OF OFFERS An offeror may recall its offer by delivering a written request to withdraw prior to acceptance of any offer related to that procurement. History Note: Authority G.S. 147-33.76(b1); Temporary Adoption Eff. January 1, 2000; Eff. August 1, 2000; A…

09 NCAC 06B .0305 PUBLIC OPENING (a) The purchasing agency shall publicly open and tabulate all offers at the time, date and place identified in the solicitation. The tabulation shall be made public at the time it is created unless otherwise provided by these Rules. (b) At the ti…

09 NCAC 06B .0306 LATE offers Offers not received by the due date and time as specified in the solicitation shall not be considered. History Note: Authority G.S. 147-33.76(b1); Temporary Adoption Eff. January 1, 2000; Eff. August 1, 2000; Amended Eff. September 1, 2013; Pursuant …

09 NCAC 06B .0307 clerical errors and clarifications When the purchasing agency determines that an offer appears to contain an obvious error or where a clerical error is suspected, the purchasing agency may investigate or act upon the circumstances. Any action taken shall not pre…

09 NCAC 06B .0308 EXTENSION OF offer validity When the purchasing agency determines it is in the State's best interest, the purchasing agency may request that offerors extend the date through which the offers are valid. Requests by the State for time extensions of offer validity …

09 NCAC 06B .0309 EVALUATION (a) In determining the award of contracts, the purchasing agency shall consider and evaluate responsive and responsible offers as provided by statute and applicable rules. (b) Only persons in the purchasing agency who are assigned to evaluate the offe…

09 NCAC 06B .0313 DIVISION OF commodities and service needs Commodities or service needs shall not be divided to keep the expenditure under the purchasing agency's delegation to avoid following the appropriate procurement processes and applicable rules. In the case of similar and…