North Carolina Administrative Code

01 NCAC 05A .0103 ORGANIZATION History Note: Authority G.S. 143B-9; 143B-10; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. July 1, 1987.

01 NCAC 05A .0104 LOCATION The principal offices of the Division of Purchase and Contract are located in the Administration Building, 116 West Jones Street, Raleigh, N.C. 27603-8002. History Note: Authority G.S. 143B-10; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Am…

01 NCAC 05A .0105 RULE-MAKING AUTHORITY History Note: Authority G.S. 143-53; 143-60; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. July 1, 1987.

01 NCAC 05A .0108 FORMS: PROCEDURES: TERMS AND CONDITIONS The Division of Purchase and Contract establishes procedures for acquiring commodities, printing and services and prescribes forms, consistent language, terms and conditions and advertisement requirements, applicable to al…

01 NCAC 05A .0111 INFLATION POLICY History Note: Authority G.S. 143-48; 143-49; 143-53; Eff. February 27, 1979; Repealed Eff. June 1, 1986.

01 NCAC 05A .0112 DEFINITIONS For the purpose of this Chapter: (1) "Agency" or "Agencies" means all departments, institutions, boards, commissions, universities, community colleges, or other units of the State subject to G.S. 143, Article 3, unless specifically exempted by statut…

SUBCHAPTER 05B - PURCHASE PROCEDURES SECTION .0100 - REQUISITIONING 01 NCAC 05B .0101 PROCEDURE Using agencies shall request quotation, bid and purchase actions of the Division of Purchase and Contract by means of electronic or written requests. History Note: Authority G.S. 143-4…

01 NCAC 05B .0102 VERBAL REQUESTS Verbal or other means of request are not satisfactory substitutes for electronic or written requests except in emergencies. Electronic or written confirmation must follow any such request made in an emergency situation. History Note: Authority G.…

01 NCAC 05B .0103 CONFIDENTIALITY (a) All information and documentation whether Electronic, Written, or verbal relative to the development of a Solicitation for a proposed or pending Procurement shall be confidential, except as deemed necessary by the Purchaser to develop a compl…

SECTION .0200 - SPECIFICATIONS 01 NCAC 05B .0201 TYPES OF SPECIFICATIONS There shall be two general types of purchase specifications. A standard specification shall be originated and developed by the Division of Purchase and Contract. It shall be comprehensive in nature and inten…

01 NCAC 05B .0202 NEED The Division of Purchase and Contract is authorized to inquire into the need for and the level of quality of the items and services requested. History Note: Authority G.S. 143-49(2); 143-53; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Pursuant …

01 NCAC 05B .0203 DEVELOPMENT OF SPECIFICATIONS (a) A standard specification is intended for general use, applicable insofar as practicable to the needs of agencies and kept current by the Division of Purchase and Contract. In formulating such a specification, advisory committees…

01 NCAC 05B .0204 ARTICLES FOR SPECIAL PURPOSES Where articles are to be used for educational or training purposes, by handicapped persons, or for test and evaluation or research purposes, special or overriding consideration may be given to the factor of suitability in the prepar…

01 NCAC 05B .0205 NORTH CAROLINA PRODUCTS Where quality and availability allow, specifications are based on products grown or manufactured in North Carolina. This special interest in North Carolina products is intended to encourage and promote their use, but it is not exercised t…

01 NCAC 05B .0206 SUBMISSION FOR ADOPTION Upon completion of all necessary studies, reviews and drafts, any proposed standard specification shall be submitted to the SPO for consideration. When a specification is adopted as a standard, it becomes applicable to agency purchases ge…

01 NCAC 05B .0209 ON-SITE INSPECTION OF GOODS History Note: Authority G.S. 143-49(2); 143-53; 143-49; 143-60; 143B-397; 143B-398; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. February 1, 1996.

01 NCAC 05B .0210 CONFIDENTIALITY History Note: Authority G.S. 133-33; 143-53; 143-60; Eff. February 1, 1996; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016; Repealed Eff. October 1, 2019.

SECTION .0300 - PROCUREMENT AUTHORIZATION AND PROCEDURES 01 NCAC 05B .0301 CONTRACTING REQUIREMENTS Except where a waiver, special delegation, exemption, or an emergency purchase is permitted under Rule .1401, .1505(b), or Section .1600 of this Subchapter, all purchases involving…

01 NCAC 05B .0302 MAILING LISTS History Note: Authority G.S. 143-49; 143-52; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Amended Eff. February 1, 1996; Temporary Repeal Eff. February 15, 1998; Repealed Eff. April 1, 1999.

01 NCAC 05B .0303 ELECTRONIC, FACSIMILE, AND TELEPHONE OFFERS E-mail, facsimile, and telephone Offers shall not be accepted in response to a Solicitation that is required to be sealed pursuant to Rule .0301 of this Section. The use of digital or Electronic Signatures on Electroni…

01 NCAC 05B .0304 RECALL OF OFFERS Offers may be recalled prior to opening upon Written and signed request from an authorized agent of the Vendor to the Purchasing Agency. A record of the recall shall be maintained in the bid file. History Note: Authority G.S. 143-49; 143-52; Eff…

01 NCAC 05B .0305 PUBLIC OPENING (a) Pursuant to G.S. 143-52(a) the Purchasing Agency shall publicly open and tabulate all Offers (except those that have been previously withdrawn, or Voided Bids) at the time, date, and place identified in the Solicitation. The Tabulation shall b…

01 NCAC 05B .0306 LATE OFFERS, MODIFICATIONS, OR WITHDRAWALS All Offers or modifications must be received by the due date, time and location as specified in the Solicitation document. Any Offer or modification received after the specified time shall not be considered. Withdrawal …

01 NCAC 05B .0307 ERROR/CLARIFICATION When an offer appears to contain an obvious error or otherwise where an error is suspected, the circumstances may be investigated and then may be considered and acted upon. Any action taken shall not prejudice the rights of the public or othe…

01 NCAC 05B .0308 EXTENSION OF ACCEPTANCE TIME When in the public interest, Vendors may be requested by the Purchasing Agency to extend the time within which an Offer is to be accepted. History Note: Authority G.S. 143-49; 143-52; Eff. February 1, 1976; Readopted Eff. February 27…

01 NCAC 05B .0309 EVALUATION (a) In determining the award of Contract, Responsive Offers shall be considered and evaluated as provided by statute and applicable rules. The evaluation criteria to be used in determining the award of Contract shall be identified in the Solicitation …

01 NCAC 05B .0310 NOTIFICATION OF AWARD (a) Following the award of a Contract in accordance with Rule .0301 of this Section, the Purchasing Agency shall notify the winning Vendor in writing. Written notifications may include letter or Electronic means, such as posting on the Elec…

01 NCAC 05B .0311 GOODS REQUIRING IMMEDIATE ACCEPTANCE History Note: Authority G.S. 143-49; 143-52; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Amended Eff. July 1, 1987; Repealed Eff. February 1, 1996.

01 NCAC 05B .0312 LACK OF COMPETITION The purpose of soliciting offers is both to seek and to obtain competition; the responsibility is dual. Where only a single offer or a single acceptable offer is received or, otherwise, where reasonable and available competition is not obtain…

01 NCAC 05B .0313 TABULATIONS AND ABSTRACTS History Note: Authority G.S. 143-49; 143-52; 143-53; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Amended Eff. February 1, 1996; Repealed Eff. October 1, 2019.

01 NCAC 05B .0314 Solicitation documents (a) In this Rule, the Division establishes standard Solicitation Documents for use in Contracts with the State. A Purchasing Agency shall use Division Solicitation Documents for purchases over the Small Purchase Benchmark. (b) Division Sol…

01 NCAC 05B .0315 DIVISION OF REQUIREMENTS An agency shall not divide requirements in order to keep the expenditure under its benchmark or delegation and thereby avoid following the appropriate contracting requirement. In the case of similar and related items and groups of items,…

01 NCAC 05B .0316 ADVERTISEMENT REQUIREMENTS (a) Unless otherwise directed by statute or excepted pursuant to Paragraph (d) of this Rule, all advertisements required by Rule .0301 of this Section shall be posted through the Division's Electronic Bid System for at least 10 calenda…

01 NCAC 05B .0317 MANDATORY CONFERENCES/SITE VISITS (a) When a Solicitation requires potential Vendors to attend a mandatory conference or mandatory site visit, the date, time, location, and other details of the conference or site visit shall be given in the Solicitation, and in …

01 ncac 05b .0318 terms and conditions (a) In this Rule, the Division establishes standard terms and conditions for use in Contracts with the State. (b) In addition to any contract provisions specifically required by an applicable statute or rule, standard terms and conditions sh…

01 NCAC 05b .0319 contract term (a) Except as allowed in G.S. 143-53(d), the Agency's executive officer, or his or her designee, shall develop procedures consistent with this Chapter for approving Contract terms up to three years. (b) Except as otherwise provided by statute, a Co…

01 NCAC 05B .0320 CONTRACT EXTENSIONS (a) Except as allowed in G.S. 143-53(d), any Extension beyond the term originally provided in the Contract that would result in a total Contract term that exceeds three years shall be by approval of the SPO prior to the expiration of the init…

01 NCAC 05B .0321 FACTORS FOR CONTRACT EXTENSION OR RENEWAL (a) Before exercising a Renewal or seeking an Extension of a Contract as provided in this Section, the Agency shall consider and document in the official file, in accordance with 01 NCAC 05B .1903, the following factors:…

01 NCAC 05B .0404 DELEGATIONS History Note: Authority G.S. 143-53; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Amended Eff. July 1, 1987; January 1, 1985; Repealed Eff. February 1, 1996.

SECTION .0500 - REJECTION OF OFFERS 01 NCAC 05B .0501 REJECTION or cancellation of offers (a) Any Offers received in response to a Solicitation may be rejected. The basis for rejection may include the following: (1) the Offer does not address the requirements in the Solicitation …

01 NCAC 05B .0502 PUBLIC RECORD History Note: Authority G.S. 143-52; 143-53; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Amended Eff. February 1, 1996; Repealed Eff. October 1, 2019.

01 NCAC 05B .0503 NEGOTIATION (a) The Purchasing Agency may negotiate with one or more Responsive Vendors or reject all Offers under the provisions of Rule .0501 of this Subchapter and negotiate with one or more sources of supply that may be capable of satisfying the requirement.…

SECTION .0600 - PURCHASE OF USED ITEMS 01 NCAC 05B .0601 GENERAL PROCEDURES Rules of this Subchapter regarding seeking competition shall be followed wherever feasible, when it appears that the acquisition of used commodities is in the public interest. History Note: Authority G.S.…

01 NCAC 05B .0602 ACQUISITION IN BEST INTEREST OF STATE Solicitation documents on used items may or may not include a request for prices on like new products, but in either case acquisition may be made on the basis of that which is considered most advantageous for the intended pu…

SECTION .0700 - REMOVAL OF CERTAIN ITEMS FROM GENERAL CONSTRUCTION 01 NCAC 05B .0701 POLICY Every agency shall review the items being included in a construction/renovation project and remove any items that it considers are non-related to the actual construction/renovation of the …

01 NCAC 05B .0702 TURN KEY PROJECTS History Note: Authority G.S. 143-341(3); Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. February 1, 1996.

01 NCAC 05B .0809 MULTI-COLOR PROCESS PRINTING History Note: Authority G.S. 143-169; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. June 1, 1987.