§ 143-129.9. Alternative competitive bidding methods. - North Carolina Statutes

§ 143‑129.9.  Alternative competitive biddingmethods.

(a)        A political subdivision of the State may use any of thefollowing methods to obtain competitive bids for the purchase of apparatus,supplies, materials, or equipment as an alternative to the otherwise applicablerequirements in this Article:

(1)        Reverse auction. – For purposes of this section,"reverse auction" means a real‑time purchasing process in whichbidders compete to provide goods at the lowest selling price in an open andinteractive environment. The bidders' prices may be revealed during the reverseauction. A reverse auction may be conducted by the political subdivision or bya third party under contract with the political subdivision. A politicalsubdivision may also conduct a reverse auction through the State electronicprocurement system, and compliance with the procedures and requirements of theState's reverse auction process satisfies the political subdivision'sobligations under this Article.

(2)        Electronic bidding. – A political subdivision may receivebids electronically in addition to or instead of paper bids. Procedures forreceipt of electronic bids for contracts that are subject to the requirementsof G.S. 143‑129 shall be designed to ensure the security, authenticity,and confidentiality of the bids to at least the same extent as is provided forwith sealed paper bids.

(b)        The requirements for advertisement of bidding opportunities,timeliness of the receipt of bids, the standard for the award of contracts, andall other requirements in this Article that are not inconsistent with themethods authorized in this section shall apply to contracts awarded under thissection.

(c)        Reverse auctions shall not be utilized for the purchase oracquisition of construction aggregates, including, but not limited to, crushedstone, sand, and gravel. (2002‑107, s. 1.)