North Carolina Administrative Code

09 NCAC 06B .0314 ADVERTISEMENT and notice (a) Requirement to Advertise, Publish and Notify: (1) Solicitations: To maintain transparency and encourage competition for award of business, the purchasing agency shall advertise and publish solicitations for purchases exceeding the ge…

09 NCAC 06B .0315 MANDATORY CONFERENCES/SITE VISITS (a) When a solicitation requires potential offerors to attend a mandatory conference or site visit, then the date, time, location, and other details relating to attendance shall be given in the solicitation document and in the a…

09 NCAC 06B .0316 negotiation (a) The purchasing agency shall conduct negotiations under its general delegation. Negotiations may also be conducted to establish contracts exceeding the purchasing agency's delegation, if the purchasing agency receives prior approval to negotiate f…

section .0400 – rejection of offers 09 NCAC 06B .0401 REJECTION of offers (a) Bases for rejection of an offer shall include, late offers; the purchasing agency's determination that the offer is unsatisfactory as to quantity, quality, delivery, price or service offered; the offero…

09 NCAC 06B .0404 notice of rejection (a) The purchasing agency shall not be required to provide notice of rejection of offers prior to approval and award of a contract. (b) When a competitive range is established by the purchasing agency's evaluation committee, and offers are no…

09 NCAC 06B .0405 debriefing offerors (a) Pre- or post-award-debriefings of successful and unsuccessful offerors may be completed by personal meeting or by written or electronic communication (e.g., telephone, email, etc.). (b) Debriefing shall not include point-by-point comparis…

section .0500 – inspection and testing 09 NCAC 06B .0501 RESPONSIBILITY The purchasing agency shall inspect all materials, supplies, and equipment upon delivery to verify compliance with the contract requirements and specifications. The purchasing agency shall also be responsible…

09 NCAC 06B .0502 inspection The State CIO may inspect any items, or deliverables or monitor performance to ensure that contractor compliance with contract specifications and terms are met. The purchasing agency must ensure that goods or services purchased comply with applicable …

09 NCAC 06B .0503 SAMPLES When samples are required in response to a solicitation document, the purchasing agency may test those samples or have them tested at other state or private sector testing facilities. Samples shall not be sent to laboratories outside an agency unless it …

09 NCAC 06B .0504 modifications to contract SPECIFICATIONS When the purchasing agency determines it to be in the State's best interest, it may authorize revisions to a contract specification, including any cost adjustment associated with any such revision, as part of contract adm…

09 NCAC 06B .0505 REPORT OF DISCREPANCY Where delivered goods or services fail to meet the specifications or contract requirements, the discrepancy shall be resolved by the purchasing agency. History Note: Authority G.S. 147-33.76(b1); Temporary Adoption Eff. January 1, 2000; Eff…

section .0600 – Guarantees and warranties 09 NCAC 06B .0601 ENFORCEMENT The purchasing agency shall enforce the contractual guarantee or warranty applying to the goods or services purchased. History Note: Authority G.S. 147-33.76(b1); Temporary Adoption Eff. January 1, 2000; Eff.…

09 NCAC 06B .0602 REPORT TO ITS The purchasing agency shall report to the State CIO any difficulties in obtaining satisfactory performance including service as provided in a guarantee or warranty. History Note: Authority G.S. 147-33.76(b1); Temporary Adoption Eff. January 1, 2000…

09 NCAC 06B .0603 RESPONSIBILITY OF purchasing AGENCY The purchasing agency must notify the vendor when latent or other defects are discovered. In the event the vendor fails to remedy the condition reported, the purchasing agency shall report the matter to ITS. History Note: Auth…

SECTION .0700 - CONTRACTS 09 NCAC 06B .0701 contracts established by DIT (a) In determining whether a good or service will be included in an agency specific contract, the agency and the State CIO shall consider available statewide term and convenience contracts and such factors a…

09 NCAC 06B .0702 DETERMINING FACTORS History Note: Authority G.S. 147-33.76(b1); Temporary Adoption Eff. January 1, 2000; Eff. August 1, 2000; Repealed Eff. September 1, 2013.

09 NCAC 06B .0703 EXTENSION OF CONTRACT TERMINATION DATES When in the best interest of the State, offerors may be requested to extend the scheduled termination dates of contracts. Such extensions shall not result in a change in the prices stated in the original contract unless ag…

SECTION .0800 - PARTIAL AND MULTIPLE AWARDS 09 ncac 06b .0801 USE (a) Partial, progressive or multiple awards may be made when it is advantageous to the State. (b) Notwithstanding the necessity for awards to more than one supplier, such awards shall be limited to the number of su…

SECTION 0900 – WAIVER OF COMPETITION 09 NCAC 06B .0901 CONDITIONS FOR LIMITED OR WAIVED COMPETITION (a) Under conditions listed in this Rule, and otherwise if deemed to be in the interest of the State by the State CIO, competition may be limited or waived where a factual basis de…

09 NCAC 06B .0902 APPROVAL AND DOCUMENTATION Although competition may be limited or waived pursuant to Rule .0901 of this Subchapter, the use of competition is required wherever an exception is not approved. After a limitation or waiver of competition is approved as provided in R…

section .1000 – miscellaneous provisions 09 NCAC 06B .1001 CONFIDENTIALITY (a) The offeror may designate information as a trade secret pursuant to G.S. 132-1.2 and may otherwise designate information as confidential as provided by law, citing the applicable statute on which the c…

09 NCAC 06B .1002 PAYMENT PLANS Purchase contracts may provide for payment over a period of time. Such instances shall be justified in the procurement record, kept to a minimum and shall include approval from the agency head for payment provisions when payments will be made over …

09 NCAC 06B .1003 CHANGE IN CORPORATE STRUCTURE OR ASSIGNMENT A vendor shall not assign a state contract without prior written approval from the purchasing agency. In cases where the vendor seeks to assign its contract prior to the State's written approval of an assignment, the v…

09 NCAC 06B .1004 PURCHASING FROM OR THROUGH AGENCY EMPLOYEES Written approval of the State CIO is required before an agency purchases goods or services from or through an agency employee. In deciding whether to grant approval, the State CIO shall consider the type of item or ser…

09 NCAC 06B .1005 Anticompetitive, deceptive, and fraudulent practices (a) A purchasing agency shall act to prevent the continuance of anticompetitive, deceptive, or fraudulent practices. Anticompetitive practices include actions involving offerors that restrain trade or commerce…

09 NCAC 06B .1006 COOPERATIVE PURCHASING When an agency participates in a cooperative project with another governmental entity or with a non-profit organization, goods and services necessary for the project shall be procured according to the Rules in this Chapter. If the interest…

09 NCAC 06B .1007 RESERVED FOR FUTURE CODIFICATION

09 NCAC 06B .1008 BOARD OF AWARDS History Note: Authority G.S. 143-52.1; 147-33.76(b1); 147-33.95; 147-33.101; Temporary Adoption Eff. January 1, 2000; Eff. August 1, 2000; Amended Eff. March 1, 2001; Repealed Eff. September 1, 2013. (See Rule 06A .0103).

09 NCAC 06B .1030 DEFAULT PROCEEDINGS; DEBARMENT (a) The agency that issued the solicitation document resulting in the contract may find a contractor in default of contract for failing to perform in accordance with the contract requirements, terms and conditions. If a contractor …

09 NCAC 06B .1031 FAITHFUL PERFORMANCE (a) A bond, or other means of ensuring faithful performance, may be required of the contractor at the contractor's expense. (b) Liquidated damages may be provided for in the contract, as a means of ensuring faithful performance from the cont…

SECTION .1100 - BID PROTEST, CONTESTED CASE PROCEDURE 09 NCAC 06B .1101 RIGHT TO HEARING Whenever ITS or the State CIO acts in such a way as to affect the rights, duties, or privileges of a party, that party may request a hearing in accordance with this Section and G.S. 150B, Art…

09 NCAC 06B .1102 PROTEST PROCEDURES for award of contracts (a) To ensure fairness to all offerors and to promote open competition, the purchasing agency shall respond to an offeror's protest over IT contract awards. (b) This Rule applies to IT contracts with an estimated value o…

09 NCAC 06B .1103 REQUEST FOR HEARING (a) A request for an administrative hearing under Rule .1101 of this Section must be in writing and shall contain the following information: (1) name and address of the person requesting the hearing; (2) a concise statement of the departmenta…

09 NCAC 06B .1104 DEFINITIONS The definitions contained in G.S. 150B-2 are incorporated in this Section by reference. In addition to those definitions, the following definitions apply to this Section: (1) "File or filing" means to place or the placing of the paper or item to be f…

09 NCAC 06B .1105 GENERAL PROVISIONS The following general provisions apply to this Section: (1) The Rules of Civil Procedure as contained in G.S. 1A-1 and the General Rules of Practice for the Superior and District Courts as authorized by G.S. 7A-34 and found in the Rules Volume…

09 NCAC 06B .1106 ORDER FOR PREHEARING STATEMENTS The hearing officer may serve all parties with an order for prehearing statements together with, or after service of, the notice of hearing. Every party thus served shall, within 30 days after service, file the requested statement…

09 NCAC 06B .1107 DUTIES OF THE HEARING OFFICER (a) In conjunction with the powers in this Section, in Article 3D of Chapter 147 of the General Statutes and in G.S. 150B, Article 3A the hearing officer shall perform the following duties, consistent with law and as recommendations…

09 NCAC 06B .1108 CONSENT ORDER; SETTLEMENT; STIPULATION Informal disposition may be made of a contested case or an issue in a contested case by stipulation, agreement, or consent order at any time during the proceedings. Parties may enter into such agreements on their own or may…

09 NCAC 06B .1109 SETTLEMENT CONFERENCE (a) A settlement conference is for the primary purpose of assisting the parties in resolving disputes and for the secondary purpose of narrowing the issues and preparing for hearing. Notice of the conference may be included in the pre-heari…

09 NCAC 06B .1110 PREHEARING CONFERENCE (a) The purpose of the prehearing conference is: (1) to simplify the issues to be determined; (2) to obtain stipulations in regard to foundations for testimony or exhibits; (3) to obtain stipulations or other agreements as to the facts or t…

09 NCAC 06B .1111 DISCOVERY (a) Discovery methods are means designed to assist parties in preparing to meet their responsibilities and protect their rights during hearings without unduly delaying, burdening, or complicating the hearings process and with due regard to the rights a…

09 NCAC 06B .1112 CONSOLIDATION OF CASES (a) The hearing officer may order a joint hearing of any matters at issue in contested cases involving common questions of law or fact or multiple hearings involving the same or related parties, or may order the cases consolidated or make …

09 NCAC 06B .1113 SUBPOENAS The cost of service, fees, and expenses of any witnesses subpoenaed shall be paid by the party at whose request the witness appears. A party seeking an order imposing sanctions for failure to comply with any subpoena issued under this Rule must prove p…

09 NCAC 06B .1114 SANCTIONS (a) If a party fails to appear at a hearing or fails to comply with an interlocutory order of the hearing officer, the hearing officer may: (1) Find that the allegations of or the issues set out in the notice of hearing or other pleading may be taken a…

09 NCAC 06B .1115 MOTIONS (a) Unless otherwise required or permitted by these Rules, any party may file any motion which would be permitted under the Rules of Civil Procedure as though the contested case was a matter pending in a civil trial court. Motions practice in contested c…

09 NCAC 06B .1116 INTERVENTION (a) Any person not named in the notice of hearing who desires to intervene in a contested case as a party shall file a timely motion to intervene and shall serve the motion upon all existing parties. Timeliness shall be determined by the hearing off…

09 NCAC 06B .1117 CONTINUANCES (a) A request for a continuance of a hearing shall be granted upon a showing of good cause. Unless time does not permit, a request for a continuance of a hearing shall be made in writing to the hearing officer and shall be served upon all parties of…

09 NCAC 06B .1118 RIGHTS AND RESPONSIBILITIES OF PARTIES (a) A party has the right to present evidence, rebuttal testimony, and argument with respect to issues of fact, law and policy; and to cross-examine witnesses, including the author of a document prepared by, on behalf of, o…

09 NCAC 06B .1119 WITNESSES Any party may be a witness and may present witnesses on the party's behalf at the hearing. All oral testimony at the hearing shall be under oath or affirmation and shall be recorded. At the request of a party or upon the hearing officer's own motion, t…

09 NCAC 06B .1120 EVIDENCE (a) The North Carolina Rules of Evidence as found in G.S. Chapter 8C govern in all contested case proceedings, except as provided otherwise in this Section and G.S. 150B-41. (b) The hearing officer shall admit all evidence that has probative value. Irre…