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NORTH CAROLINA STATUTES AND CODES

§ 143-48.3. Electronic procurement.

§ 143‑48.3.  Electronicprocurement.

(a)        The Department ofAdministration shall develop and maintain electronic or digital standards forprocurement. The Department of Administration shall consult with the Office ofthe State Controller, the Office of Information Technology Services (ITS), theDepartment of State Auditor, the Department of State Treasurer, The Universityof North Carolina General Administration, the Community Colleges System Office,and the Department of Public Instruction.

(a1)      The Department ofAdministration shall comply with the State government‑wide technicalarchitecture for information technology, as required by the State ChiefInformation Officer.

(b)        The Department ofAdministration, in conjunction with the Office of the State Controller and theOffice of Information Technology Services may, upon request, provide to allState agencies, universities, and community colleges, training in the use ofthe electronic procurement system.

(c)        The Department ofAdministration shall utilize the Office of Information Technology Services asan Application Service Provider for an electronic procurement system. TheOffice of Information Technology Services shall operate this electronicprocurement system, through State ownership or commercial leasing, inaccordance with the requirements and operating standards developed by theDepartment of Administration and the financial reporting and accountingprocedures of the Office of the State Controller.

(d)        This section doesnot otherwise modify existing law relating to procurement between TheUniversity of North Carolina, UNC Health Care, community colleges, and theDepartment of Administration.

(e)        The Board ofGovernors of The University of North Carolina shall exempt North Carolina StateUniversity and The University of North Carolina at Chapel Hill from theelectronic procurement system authorized by this Article until May 1, 2003.Each exemption shall be subject to the Board of Governors' annual review andreconsideration. Exempted constituent institutions shall continue working withthe North Carolina E‑Procurement Service as that system evolves and shallensure that their proposed procurement systems are compatible with the NorthCarolina E‑Procurement Service so that they may take advantage of this serviceto the greatest degree possible. Before an exempted institution expands anyelectronic procurement system, that institution shall consult with the JointLegislative Commission on Governmental Operations and the Joint LegislativeOversight Committee on Information Technology. By May 1, 2003, the GeneralAssembly shall evaluate the efficacy of the State's electronic procurementsystem and the inclusion and participation of entities in the system.

(f)         Any State entityor community college operating a functional electronic procurement systemestablished prior to September 1, 2001, may until May 1, 2003, continue tooperate that system independently or may opt into the North Carolina E‑ProcurementService. Each entity subject to this section shall notify the Office ofInformation Technology Services by January 1 of each year of its intent toparticipate in the North Carolina E‑Procurement Service. (2000‑67, s. 7.8; 2000‑140,ss. 95(a), 95(b); 2001‑424, s. 15.6(b); 2001‑513, s. 28(a); 2002‑126,ss. 27.1(a), 27.1(b), 27.1(c); 2003‑147, s. 7; 2004‑129, ss. 40,40A, 41; 2004‑203, s. 72(b).)

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