North Carolina Administrative Code

SECTION .0300 - ARCHITECTURAL/ENGINEERING REVIEW OFFICE 01 NCAC 30A .0301 RESPONSIBILITIES Responsibilities of this office include review of all plans and specifications received from designers or consultants and state agencies for capital improvement projects; consultation and c…

01 NCAC 30A .0305 ADVERTISING FOR BIDS (a) No projects will be advertised for bids until cost estimates, assuring that the project is within budgeted funds or funds to be made available to the project, have been received from the designer. (b) The form of advertisement shall be p…

01 NCAC 30A .0306 BIDDING DOCUMENTS All contractors who desire to bid shall be furnished plans, specifications and all other data, upon payment of a plan deposit, when required, for use in making estimates in ample time for bidding purposes. History Note: Authority G.S. 143-341(3…

01 NCAC 30A .0307 RECEIPT OF BIDS (a) Bids shall be received in strict accordance with requirements of the General Statutes of North Carolina and the "Instructions to Bidders and General Conditions of the Contract" (Form OC-15). Bid security or a bid bond shall be required as pre…

SECTION .0400 - CONSTRUCTION ADMINISTRATION OFFICE 01 NCAC 30A .0401 RESPONSIBILITIES Responsibilities of this office include overseeing the construction of all capital improvement projects for the state, maintaining construction schedules and performing final and follow-up inspe…

01 NCAC 30A .0402 CONSTRUCTION PHASE History Note: Authority G.S. 133-1.1; 143-341; 143B-10; Eff. February 27, 1979; Repealed Eff. June 1, 1986.

01 NCAC 30A .0403 DESIGNER'S RESPONSIBILITIES The designer's responsibilities during the construction phase shall be as described in the Planning Procedures (OC-18), the General Conditions and the State Construction Manual. The designer's responsibilities shall include the follow…

01 ncac 30a .0406 Review by State Construction Office for Fire Safety Requirements In all cases where plans are submitted to the State Construction Office pursuant to G.S. 58-31-40: (1) The owner shall submit complete construction documents to the State Construction Office in acc…

SUBCHAPTER 30B - NORTH CAROLINA CAPITAL BUILDING AUTHORITY 01 NCAC 30B .0101 POWERS AND DUTIES History Note: Authority G.S. 129-42.2; Eff. February 27, 1979; Amended Eff. October 1, 1984; Repealed Eff. January 1, 1988.

01 NCAC 30B .0102 AGENCIES UNDER THE AUTHORITY History Note: Authority G.S. 129-42.1; Eff. February 27, 1979; Repealed Eff. October 1, 1984.

01 NCAC 30B .0105 SELECTION OF ARCHITECTS: ENGINEERS AND OTHER CONSULTANTS History Note: Authority G.S. 129-42; Eff. October 1,1984; Repealed Eff. January 1, 1988.

01 NCAC 30B .0106 APPROVAL OF CONSTRUCTION CONTRACTS History Note: Authority G.S. 129-42; 143-341; Eff. October 1, 1984; Repealed Eff. June 1, 1986.

01 NCAC 30B .0107 ADVERTISEMENT History Note: Authority G.S. 129-42; Eff. October 1, 1984; Repealed Eff. January 1, 1988.

SECTION .0200 - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES 01 NCAC 30C .0201 RULE-MAKING AND ADMINISTRATIVE HEARING PROCEDURES History Note: Authority G.S. 150B-11; 150B-14; 159F; Eff. August 1, 1984; Repealed Eff. December 1, 2012.

SUBCHAPTER 30D - STATE BUILDING COMMISSION DESIGNER AND CONSULTANT SELECTION POLICY SECTION .0100 - GENERAL PROVISIONS 01 NCAC 30D .0101 AUTHORITY The State Building Commission, hereinafter referred to as SBC, is a statutory body, empowered by Public Law to perform a multiplicity…

01 NCAC 30D .0102 POLICY It is the policy of the SBC to select designers and consultants for capital improvement projects as defined in G.S. 143-135.27, based on criteria contained herein and to make available to every designer and consultant duly licensed to practice in North Ca…

01 NCAC 30D .0103 DEFINITIONS For purposes of this Subchapter, the following definitions shall apply: (1) "Annual Service Agreement" means an open end agreement for professional services with a designer or consultant, subject to the limitations of the Rule in this Subchapter. (2)…

SECTION .0200 - PROJECT INFORMATION 01 NCAC 30D .0201 PROJECT DESCRIPTION It shall be the responsibility of each Capital Projects Coordinator to provide the State Construction Office with a written description of the professional services desired, the program or scope of work, sc…

01 NCAC 30D .0202 PUBLIC ANNOUNCEMENT Based upon project information furnished by a Capital Projects Coordinator, the State Construction Office shall publish an announcement of the need for professional services, a designated contact person in the using agency and the closing dat…

SECTION .0300 - SELECTION OF DESIGNERS OR CONSULTANTS 01 NCAC 30D .0301 DESIGNER OR CONSULTANT QUALIFICATIONS All designers or consultants desiring to provide professional services shall file with the State Construction Office a Federal Standard Form 254 by January 1 of each year…

01 NCAC 30D .0302 PRE-SELECTION (a) A pre-selection committee shall be established for all projects requiring professional service. On minor projects the pre-selection committee shall consist of at least the Capital Projects Coordinator, a representative of the using agency and o…

01 NCAC 30D .0303 SELECTING CRITERIA In selecting the three firms to be presented to the SBC, the pre-selection committee should take into consideration such factors as: (1) Specialized or appropriate expertise in the type of project. (2) Past performance on similar projects. (3)…

01 NCAC 30D .0304 DESIGNER OR CONSULTANT SELECTION FOR UNC SYSTEM PROJECTS In selecting designers or consultants for its projects, the UNC system shall comply with the preceding policies and pre-selection procedures, except that pre-selection committees need not include a represe…

01 NCAC 30D .0305 DESIGNER/CONSULTANT SELECTION FOR OTHER THAN UNC SYS PROJECTS Upon receipt of a letter from the Capital Projects Coordinator listing three firms in priority order along with recommendations and pre-selection information, as requested by the SBC, the Secretary of…

01 NCAC 30D .0306 CONTRACT NEGOTIATION After the three have been notified of the selection action by The University of North Carolina or the SBC, a representative from the State Construction Office, the Capital Projects Coordinator, and a representative from the using agency will…

SUBCHAPTER 30E - STATE BUILDING COMMISSION DESIGNER OR CONSULTANT EVALUATION PROCEDURES SECTION .0100 - GENERAL PROVISIONS 01 NCAC 30E .0101 AUTHORITY The State Building Commission, hereinafter referred to as SBC, is a statutory body, empowered by Public Law to perform a multipli…

01 NCAC 30E .0102 POLICY It is the policy of the SBC to evaluate designers for capital improvement projects as defined in G.S. 143-135.27 based on criteria contained herein. Further, it is considered of paramount importance that every state capital improvement project receive a p…

01 NCAC 30E .0103 DEFINITIONS For purposes of this Subchapter, the following definitions shall apply: (1) "Capital Projects Coordinator" means the individual authorized by each funded agency to coordinate all capital improvement projects and related matters with the State Constru…

SECTION .0200 - PROJECT INFORMATION 01 NCAC 30E .0201 PROJECT DESCRIPTION It shall be the responsibility of each Capital Projects Coordinator, for each Capital Improvements project as defined in G.S. 143-135.27 requiring professional services, to provide the State Construction Of…

01 NCAC 30E .0202 DESIGN CONTRACT It shall be the responsibility of the Office of State Construction to ensure that both the Capital Projects Coordinator and the designer or consultant have a clear mutual understanding of design requirements for the project and key elements of th…

SECTION .0300 - EVALUATION OF DESIGNERS OR CONSULTANTS 01 NCAC 30E .0301 DESIGN PHASES Definitions: (1) "Pre-Design Phase" is the description of the provision of professional services prior to actual design. If a firm scope of the work is not known, the design agreement may be wr…

01 NCAC 30E .0302 OVERALL JOB PERFORMANCE The Capital Projects Coordinator shall determine the designer's or consultant's overall performance for the completed project. The overall rating is intended to reflect the effectiveness of the design in achieving the predetermined projec…

01 NCAC 30E .0303 POST OCCUPANCY EVALUATION The designer evaluation process allows for a second evaluation to be conducted within 36 months of the completion of a capital project if design-related latent defects are discovered. A separate procedure of the State Building Commissio…

01 NCAC 30E .0304 INTERIM DESIGNER OR CONSULTANT EVALUATION The designer or consultant may request preparation of an interim evaluation form by the Capital Projects Coordinator or the Coordinator may elect to prepare an interim evaluation if so desired. This interim evaluation is…

01 NCAC 30E .0305 SUBMISSION OF FINAL REPORT The Capital Projects Coordinator shall submit the completed final evaluation to the Office of State Construction with a copy to the designer or consultant. The designer or consultant shall have the opportunity to comment on the evaluat…

01 NCAC 30E .0306 REPORT COMPILATION The Office of State Construction will be responsible for maintaining designer or consultant evaluation data. The data maintained shall be on an individual job basis and also cumulative by the designer or consultant. Data will be made available…

SECTION .0400 - POST-EVALUATION PROCEDURES 01 NCAC 30E .0401 AWARDS PROGRAM Capital Projects Coordinators who consider that designer performance on a completed Capital Improvement Project merits special recognition may nominate the designer for a certificate of Design Merit. Nomi…

01 NCAC 30E .0402 APPEALS OF ASSIGNED EVALUATIONS If a design or consultant firm considers that the assigned evaluation is improper and the opportunity to provide rebuttal comments for the record is insufficient to resolve the assigned rating, the designer or consultant may appea…

SUBCHAPTER 30F - STATE BUILDING COMMISSION CONTRACTOR EVALUATION PROCEDURES SECTION .0100 - GENERAL PROVISIONS 01 NCAC 30F .0101 AUTHORITY The State Building Commission, hereinafter referred to as SBC, is a statutory body, empowered by Public Law to perform a multiplicity of duti…

01 NCAC 30F .0102 POLICY It is the policy of the SBC to evaluate the work performed by prime contractors for capital improvement projects based on criteria contained herein. Further, it is considered of paramount importance that every state capital improvement project be construc…

01 NCAC 30F .0103 DEFINITIONS For purposes of this Subchapter, the following definitions shall apply: (1) "Capital Projects Coordinator" means the individual authorized by each funded agency to coordinate all capital improvements projects and related matters with the State Constr…

SECTION .0200 - PROJECT AND CONTRACT INFORMATION 01 NCAC 30F .0201 PROJECT DESCRIPTION (a) It shall be the responsibility of each Capital Projects Coordinator, for each Capital Improvements project as defined in G.S. 143-135.27 requiring professional services, to provide the Stat…

01 NCAC 30F .0202 PRE-BID CONFERENCES AND SITE REVIEWS (a) The Capital Projects Coordinator shall evaluate each assigned project to determine if the complexity of a project warrants conducting one or more pre-bid conferences including site visits. The Capital Projects Coordinator…

SECTION .0300 - EVALUATION OF CONTRACTORS 01 NCAC 30F .0301 DEFINITIONS (a) "Pre-Bid Phase" is the phase of the contract work prior to receipt of bids. If the pre-bid or site visit meeting is utilized, the interest or participation by a contractor in this phase of the constructio…

01 NCAC 30F .0302 OVERALL JOB PERFORMANCE (a) The Capital Projects Coordinator shall determine the contractor's overall performance for the completed project. The overall rating is intended to reflect the performance of the prime contractor(s) in fulfilling the terms of their con…

01 NCAC 30F .0303 INTERIM CONTRACTOR EVALUATION The prime contractor(s) may request preparation of an interim evaluation form by the Capital Projects Coordinator or the Capital Projects Coordinator may elect to prepare an interim evaluation. The Capital Projects Coordinator shall…

01 NCAC 30F .0304 SUBMISSION OF FINAL EVALUATION The Capital Projects Coordinator shall submit the completed final evaluation to the SCO with a copy to the prime contractor. The prime contractor shall have the opportunity to comment on the evaluation to the SCO with a copy to the…

01 NCAC 30F .0305 EVALUATION REVIEW (a) SCO shall maintain contractor evaluation data. This data shall be maintained on an individual job basis, and shall also be maintained cumulatively by contractor (based on contractor license number). The contractor evaluation data shall be t…

SECTION .0400 - POST-EVALUATION PROCEDURES 01 NCAC 30F .0401 POST-OCCUPANCY EVALUATION Following project close-out, the prime contractor is often required to take remedial action to correct discrepancies which fall under product or construction warranty. While this phase of the p…

01 NCAC 30F .0402 AWARDS PROGRAM Capital Projects Coordinators who determine that contractor performance on a completed capital improvement project merits special recognition may nominate the contractor for a Certificate of Merit. Nominations will be made by the Capital Projects …