§ 131A-9. Construction contracts. - North Carolina Statutes

§131A‑9.  Construction contracts.

Contracts for the constructionof any health care facilities on behalf of a public agency shall be awarded bythe Commission in accordance with Article 8 of Chapter 143 of the GeneralStatutes. If the Commission shall determine that the purposes of this Chapterwill be more effectively served, the Commission in its discretion may award orcause to be awarded contracts for the construction of any health carefacilities on behalf of a nonprofit agency upon a negotiated basis asdetermined by the Commission. The Commission shall prescribe such bid securityrequirements and other procedures in connection with the award of suchcontracts as in its judgment shall protect the public interest. The Commissionmay by written contract engage the services of the public or nonprofit agencyin the construction of such health care facilities and may provide in suchcontract that such public or nonprofit agency, subject to such conditions andrequirements consistent with the provisions of this Chapter as shall beprescribed in such contract, may act as an agent of, or an independentcontractor for, the Commission for the performance of the functions describedtherein, including the acquisition of the site and other real property for suchhealth care facilities, the preparation of plans, specifications and contractdocuments, the award of construction and other contracts upon a competitive ornegotiated basis, the construction of such health care facilities directly bysuch public or nonprofit agency, the inspection and supervision ofconstruction, the employment of engineers, architects, builders and othercontractors and the provision of money to pay the cost thereof pendingreimbursement by the Commission. Any such contract may provide that theCommission may, out of proceeds of bonds or notes, make advances to orreimburse the public or nonprofit agency for its costs incurred in theperformance of such functions, and shall set forth the supporting documentsrequired to be submitted to the Commission and the reviews, examinations andaudits that shall be required in connection therewith to assure compliance withthe provisions of this Chapter and such contract. (1975, c. 766, s. 1.)