§ 116-13. Powers of Board regarding property and services subject to general law. - North Carolina Statutes

§ 116‑13.  Powers of Board regarding propertyand services subject to general law.

(a)        The power and authority granted to the Board of Governorswith regard to the acquisition, operation, maintenance and disposition of realand personal property and services shall be subject to, and exercised inaccordance with, the provisions of Chapters 143 and 146 of the General Statutesand related sections of the North Carolina Administrative Code, except when apurchase is being made that is not covered by a State term contract and either:

(1)        The funds used to procure personal property or services arenot moneys appropriated from the General Fund or received as tuition or, in thecase of multiple fund sources, moneys appropriated from the General Fund orreceived as tuition do not exceed thirty percent (30%) of the total funds; or

(2)        The funds used to procure personal property or services arecontract and grant funds or, in the case of multiple fund sources, the contractand grant funds exceed fifty percent (50%) of the total funds.

When a special responsibility constituent institution makes a purchaseunder subdivision (1) or (2) of this subsection, the requirements of Chapter143, Article 3 shall apply, except the approval or oversight of the Secretaryof Administration, the State Purchasing Officer, or the Board of Awards shallnot be required, regardless of dollar value.

(b)        Special responsibility constituent institutions shall havethe authority to purchase equipment, materials, supplies, and services fromsources other than those certified by the Secretary of Administration on termcontracts, subject to the following conditions:

(1)        The purchase price, including the cost of delivery, is lessthan the cost under the State term contract;

(2)        The items are the same or substantially similar in quality,service, and performance as items available under State term contracts;

(3)        The cost of the purchase shall not exceed the benchmarkestablished under G.S. 116‑31.10; and

(4)        The special responsibility constituent institution notifiesthe Department of Administration of purchases consistently being made underthis provision so that State term contracts may be improved. (1971, c. 1244, s. 1; 2003‑228, s. 1.)