North Carolina Administrative Code

01 NCAC 30G .0103 DEFINITIONS For the purposes of the rules in this Section, the following definitions shall apply: (1) "Alternative contracting method" includes but is not limited to: (a) the single-prime contracting system, not otherwise authorized under G.S. 143-128, (b) the d…

01 NCAC 30G .0104 GENERAL PROCEDURES (a) Application Form - The SBC shall establish a form of application to be used by public owners requesting an exemption, which shall upon request be provided to public owners. A completed application shall contain all of the information neces…

01 NCAC 30G .0105 CRITERIA FOR CONSIDERATION (a) General Considerations - Applications shall be subject to the following general considerations which the SBC shall utilize in reviewing all applications: (1) Whether the public owner has adequately justified that the requested exem…

SUBCHAPTER 30h – MEDIATED SETTLEMENT CONFERENCES SECTION .0100 – INITIATING MEDIATED SETTLEMENT CONFERENCES 01 NCAC 30H .0101 Purpose of Mandatory Settlement Conferences Pursuant to G.S. 143-128 (f1) and 143-135.26(11), these Rules are promulgated to implement a system of settlem…

01 NCAC 30H .0102 Initiating the Dispute Resolution Process (a) Any party to a public construction contract governed by G.S. 143, Article 8 and identified in G.S. 143-128 (f1) and who is a party to a dispute arising out of the construction process in which the amount in controver…

SECTION .0200 – SELECTION OF MEDIATOR 01 ncac 30H .0201 Selection of Mediator (a) The parties may select a mediator certified pursuant to Paragraph (b) of this Rule. The requesting party shall file with the State Construction Office (hereinafter collectively referred to as the "S…

01 ncac 30h .0202 mediation agreement (a) Upon selection of the mediator, the parties shall enter into a mediation agreement. The mediation agreement shall include terms governing the time, place, and scope of the mediation. The agreement shall also include terms regarding the co…

SECTION .0300 – THE MEDIATED SETTLEMENT CONFERENCE 01 ncac 30h .0301 Where Conference is to be Held Unless all parties and the mediator otherwise agree, the mediated settlement conference shall be held in the county where the project is located. The mediator shall be responsible …

01 ncac 30h .0302 When Conference is to be Held The deadline for completion of the mediation shall be not less than 30 days nor more than 60 days after the naming of the mediator. History Note: Authority G.S. 143-135.26(10), (11); S.L. 2001-496, s. 14(b); Temporary Adoption Eff. …

SECTION .0400 – DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS 01 ncac 30h .0401 Attendance (a) All parties to the dispute originally presented to the Designer or Prime Contractor for initial resolution shall attend the mediation. Failure of a party…

01 ncac 30h .0402 Finalizing Agreement If an agreement is reached in the conference, parties to the agreement shall reduce its terms to writing and sign it along with their counsel, insurance carriers and bonding companies, if any. History Note: Authority G.S. 143-135.26(10), (11…

01 ncac 30h .0403 Payment of fee The mediation fee shall be paid in accordance with G.S. 143-128 (f1). History Note: Authority G.S. 143-135.26(10), (11); S.L. 2001-496, s. 14(b); Temporary Adoption Eff. July 1, 2002; Eff. August 1, 2004; Pursuant to G.S. 150B-21.3A, rule is neces…

01 ncac 30h .0404 Failure to compensate mediator (a) Any party's failure to compensate the mediators shall subject that party to a withholding of said amount of money from the party's monthly payment by the public owner. (b) If the public owner is a party to the mediation and it …

SECTION .0500 – AUTHORITY AND DUTIES OF MEDIATORS 01 ncac 30h .0501 Authority of Mediator (a) Control of Conference. The mediator shall be in control of the conference and the procedures to be followed. (b) Private Consultation. The mediator may communicate privately with any par…

01 ncac 30h .0502 Duties of Mediator (a) The mediator shall define and describe the following at the beginning of the conference: (1) The process of mediation; (2) The difference between mediation and other forms of conflict resolution; (3) The costs of the mediated settlement co…

SECTION .0600 – COMPENSATION OF THE MEDIATOR 01 ncac 30h .0601 Compensation of the Mediator History Note: Authority G.S. 143-135.26(11); S.L. 2001-496, Sec. 14(b); Temporary Adoption Eff. July 1, 2002; Temporary Adoption Expired November 20, 2003.

SECTION .0700 – MEDIATOR CERTIFICATION 01 ncac 30h .0701 Mediator Certification History Note: Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b); Temporary Adoption Eff. July 1, 2002; Temporary Adoption Expired November 20, 2003.

SECTION .0800 – RULE MAKING 01 ncac 30h .0801 Rule making History Note: Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b); Temporary Adoption Eff. July 1, 2002; Temporary Adoption Expired November 20, 2003.

SECTION .0900 – DEFINITIONS 01 ncac 30h .0901 Definitions History Note: Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b); Temporary Adoption Eff. July 1, 2002; Temporary Adoption Expired November 20, 2003.

SECTION .1000 – TIME LIMITS 01 ncac 30h .1001 Time Limits History Note: Authority G.S. 143-135.26(11); S.L. 2001-496, s. 14(b); Temporary Adoption Eff. July 1, 2002; Temporary Adoption Expired November 20, 2003.

SUBCHAPTER 30I - MINORITY BUSINESS PARTICIPATION GOAL SECTION .0100 - GOOD FAITH EFFORTS 01 NCAC 30I .0101 POLICY Each public entity which places a public construction project out for bid and which is subject to G.S. 143-128.2 shall require bidders to undertake good faith efforts…

01 NCAC 30I .0102 POINT VALUES FOR GOOD FAITH EFFORTS UNDERTAKEN. Good faith efforts and their values include: (1) Contacting minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor or available on State or local govern…

section .0200 – reserved for future codification

section .0300 – RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN PUBLIC CONSTRUCTION CONTRACTS 01 NCAC 30I .0301 SCOPE The rules in this Section apply to minority business participation in single-prime bidding, separate-prime bidding, construction manager at …

01 NCAC 30I .0302 DEFINITIONS As used in this section and G.S. 143-128.2 and G.S. 143-128.3: (1) "Bidder" means any person, firm, partnership, corporation, association, or joint venture seeking to be awarded a public contract or subcontract. (2) "Contract" means a mutually bindin…

01 NCAC 30I .0303 ADJUSTMENTS TO GOAL The Secretary shall use the preceding year's minority business participation and the availability of businesses in each category as indicated by the firms identified as minority businesses by the Department of Administration in identifying ap…

01 NCAC 30I .0304 OFFICE FOR HISTORICALLY UNDERUTILIZED BUSINESSES RESPONSIBILITIES (a) Interested businesses may register as a minority business as defined in G.S. 143-128.2(g). The information provided by the minority business shall be used by the HUB Office to: (1) Identify th…

01 NCAC 30I .0305 STATE CONSTRUCTION OFFICE RESPONSIBILITIES On State Construction Projects, the State Construction Office shall: (1) Attend the scheduled prebid conference, if requested, to clarify requirements of the General Statutes regarding minority-business participation, i…

01 NCAC 30I .0306 OWNER REQUIREMENTS (a) Before awarding a contract, an owner shall: (1) Develop and implement a minority business participation outreach plan to identify minority businesses that can perform public building projects and implement outreach efforts to encourage min…

01 NCAC 30I .0307 DESIGNER REQUIREMENTS Under the single-prime bidding, separate prime bidding, construction manager at risk, or alternative contracting method, the designer shall: (1) Attend the scheduled prebid conference to explain minority business requirements to the prospec…

01 NCAC 30I .0308 CONTRACTOR REQUIREMENTS This Rule applies to all contractors utilizing single-prime bidding, separate-prime bidding, construction manager at risk and alternative contracting methods. These requirements apply to all contractors performing as contractors and first…

01 NCAC 30I .0309 MINORITY BUSINESS RESPONSIBILITIES (a) Minority businesses seeking to be counted toward the minority business participation goals of G.S. 143-128.2 shall be certified or designated as minority business by the Department of Administration HUB Office or another ce…

01 NCAC 30I .0310 DISPUTE PROCEDURES Any business disputes arising under these Rules shall be resolved as set forth in G.S. 143-128(f1). History Note: Authority G.S. 143-128.3(e); 143-128(f1); Eff. February 1, 2006; Pursuant to G.S. 150B-21.3A, rule is necessary without substanti…

SUBCHAPTER 30J - CONSTRUCTION MANAGER-AT-RISK SELECTION PROCEDURES Section .0100 - GENERAL PROVISIONS 01 NCAC 30J .0101 AUTHORITY History Note: Authority G.S. 143-135.26; S.L. 2001-496, s. 11; Temporary Adoption Eff. February 1, 2003; Temporary Adoption Expired December 18, 2003.

01 NCAC 30J .0102 POLICY The State Building Commission shall select construction manager-at-risk for State capital improvement projects as defined in G.S. 143-128.1, based on criteria contained in this Subchapter and make available to every firm, licensed as a general contractor …

01 NCAC 30J .0103 DEFINITIONS For purposes of this subchapter, the following definitions shall apply: (1) "Capital Projects Coordinator" means the individual or designee authorized by each funded agency to coordinate all capital improvement projects and related matters for the ag…

01 ncac 30j .0201 PROJECT DESCRIPTION Each Capital Projects Coordinator shall provide the State Construction Office with a written description of the construction management-at-risk services desired, the program or scope of work, schedule requirements, amount of authorized funds,…

01 NCAC 30J .0202 PUBLIC ANNOUNCEMENT (a) Based upon project information furnished by a Capital Projects Coordinator, the State Construction Office shall publish an announcement of the need for construction management-at-risk services, a designated contact person in the using age…

SECTION .0300 - SELECTION OF CONSTRUCTION MANAGERS-AT-RISK 01 NCAC 30J .0301 CONSTRUCTION MANAGER-AT-RISK QUALIFICATIONS All firms desiring to provide construction management-at-risk services shall submit all information required in the RFP for the public owner's review and evalu…

01 ncac 30j .0302 PRE-SELECTION COMMITTEE A pre-selection committee shall be established for all projects requiring construction management-at-risk services. The pre-selection committee shall consist of at least the capital projects coordinator, a representative of the using agen…

01 NCAC 30J .0303 SELECTING CRITERIA In selecting the three firms to be presented to the SBC, the pre-selection committee shall take into consideration in the evaluation of the Proposals such factors as: (1) Workload that is able to accommodate the addition of this project. (2) R…

01 NCAC 30J .0304 CONSTRUCTION MANAGER-AT-RISK SELECTION FOR UNC SYSTEM PROJECTS In selecting Construction Manager-at-Risk for its projects, the UNC system shall comply with the rules in this Subchapter except that: (1) the pre-selection committee need not include a representativ…

01 NCAC 30J .0305 CONSTRUCTION MANAGER-AT-RISK SELECTION FOR OTHER THAN UNC SYSTEM PROJECTS (a) Upon receipt of a letter from the capital projects coordinator listing three firms in priority order along with recommendations and selection information, the secretary of the SBC, upo…

01 NCAC 30J .0306 CONTRACT NEGOTIATION After the three firms have been notified of the selection action by the SBC or the University of North Carolina, a representative from the State Construction Office, the capital projects coordinator, and a representative from the using agenc…

01 NCAC 32 .0403 DENIAL AND APPEAL PROCEDURES History Note: Authority G.S. 143-341(8)i; Eff. January 1, 1982; Repealed Eff. January 1, 1985.

01 NCAC 33 .1204 CLIENT COMPLAINT AND APPEAL PROCEDURES History Note: Authority G.S. 143-16; 143-16.1; 143-341; Eff. October 1, 1982; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

CHAPTER 35 - STATE EMPLOYEES COMBINED CAMPAIGN SUBCHAPTER 35A – STATE EMPLOYEES COMBINED CAMPAIGN SECTION .0100 - PURPOSE AND ORGANIZATION 01 NCAC 35A .0101 DEFINITIONS History Note: Authority G.S. 143-3.3; 143-340(26); 143B-10; Eff. February 1, 1984; Amended Eff. December 1, 199…