§ 143-57.1. Furniture requirements contracts. - North Carolina Statutes

§ 143‑57.1.  Furniturerequirements contracts.

(a)        To ensure agenciesaccess to sufficient sources of furniture supply and service, to provideagencies the necessary flexibility to obtain furniture that is compatible withinterior architectural design and needs, to provide small and disadvantagedbusinesses additional opportunities to participate on State requirementscontracts, and to restore the traditional use of multiple award contracts forpurchasing furniture requirements, each State furniture requirements contractshall be awarded on a multiple award basis, subject to the followingconditions:

(1)        Competitive, sealedbids must be solicited for the contract in accordance with Article 3 of Chapter143 of the General Statutes unless otherwise provided for by the StatePurchasing Officer pursuant to that Article. Bids shall be solicited on ahistorical weighted average of specific contract items and not on a single itemwithin a class of items. Historical weighted average shall be based oninformation derived from the State's electronic procurement system, whenavailable, or other available data.

(2)        Subject to theprovisions of this section, bids shall be evaluated and the contract awarded inaccordance with Article 3 of Chapter 143 of the General Statutes.

(3)        For each category ofgoods under each State requirements furniture contract, awards shall be made toat least three qualified vendors unless three qualified vendors are notavailable. Additionally, if the State Purchasing Officer determines that thereare no qualified vendors within the three best qualified vendors who offerfurniture manufactured or produced in North Carolina or who are incorporated inthe State, the State Purchasing Officer shall expand the number of qualifiedvendors awarded contracts to as many qualified vendors as is necessary toinclude a qualified vendor who offers furniture manufactured or produced inNorth Carolina or who is incorporated in the State, but the State PurchasingOfficer shall not be required to expand the number of qualified vendors to morethan six qualified vendors. A vendor is qualified under this section if thevendor's products conform to the term contract specifications, the vendor islisted on the State's qualified products list, and the vendor submits a responsivebid.

(4)        An agency maypurchase from any vendor certified on the contract but shall make the mosteconomical purchase that it determines meets its needs, based upon price,compatibility, service, delivery, freight charges, and other factors that itconsiders relevant.

(b)        For purposes ofthis section, "furniture requirements contract" means Staterequirements contracts for casegoods, classroom furniture, bookcases, ergonomicchairs, office swivel and side chairs, computer furniture, mobile and foldingfurniture, upholstered seating, commercial dining tables, and related items. (1995, c. 136, ss. 1, 3; 1995(Reg. Sess., 1996), c. 716, s. 30; 2004‑115, s. 1.)