§ 115D-9. (For applicablility, see Editor's note) Powers of State Board regarding certain fee negotiations, contracts, and capital improvements. - North Carolina Statutes

§ 115D‑9.  (Forapplicablility, see Editor's note) Powers of State Board regarding certain feenegotiations, contracts, and capital improvements.

(a)        The expenditures ofany State funds for any capital improvements of existing institutions shall besubject to the prior approval of the State Board of Community Colleges and theGovernor. The expenditure of State funds at any institution herein authorizedto be approved by the State Board under G.S. 115D‑4 shall be subject tothe terms of the State Budget Act unless specifically otherwise provided inthis Chapter.

(b)        NotwithstandingG.S. 143‑341(3), the State Board of Community Colleges may, with respectto design, construction, repair, or renovation of buildings, utilities, andother State or non‑State funded property developments of the NorthCarolina Community College System requiring the estimated expenditure of publicmoney of one million dollars ($1,000,000) or less:

(1)        Conduct the feenegotiations for all design contracts and supervise the letting of allconstruction and design contracts.

(2)        Develop proceduresgoverning the responsibilities of the North Carolina Community College Systemand its community colleges to perform the duties of the Department ofAdministration and the Director or Office of State Construction under G.S. 133‑1.1(d)and G.S. 143‑341(3).

(3)        Use existing plansand specifications for construction projects, where feasible. Prior todesigning a project, the State Board shall consult with the Department ofAdministration on the availability of existing plans and specifications and thefeasibility of using them for a project.

(c)        The State Board maydelegate its authority under subsection (b) of this section to a communitycollege if the community college is qualified under guidelines adopted by theState Board and approved by the State Building Commission and the Director ofthe Budget.

(d)        The North CarolinaCommunity College System shall use the standard contracts for design andconstruction currently in use for State capital improvement projects by theOffice of State Construction of the Department of Administration.

(e)        A contract may notbe divided for the purpose of evading the monetary limit under this section.

(f)         Notwithstandingany other provision of this Chapter, the Department of Administration shall notbe the awarding authority for contracts awarded under subsections (b) or (c) ofthis section.

(g)        The State Boardshall annually report to the State Building Commission the following:

(1)        A list of projectsgoverned by this section.

(2)        The estimated costof each project along with the actual cost.

(3)        The name of eachperson awarded a contract under this section.

(4)        Whether the personor business awarded a contract under this section meets the definition of"minority business" or "minority person" as defined in G.S.143‑128.2(g).  (2009‑229, s. 2.)