116-13. Powers of Board regarding property and services subject to general law.
(a) The power and authority granted to the Board of Governors with regard to the acquisition, operation, maintenance and disposition of real and personal property and services shall be subject to, and exercised in accordance with, the provisions of Chapters 143 and 146 of the General Statutes and related sections of the North Carolina Administrative Code, except when a purchase is being made that is not covered by a State term contract and either:
(1) The funds used to procure personal property or services are not moneys appropriated from the General Fund or received as tuition or, in the case of multiple fund sources, moneys appropriated from the General Fund or received as tuition do not exceed thirty percent (30%) of the total funds; or
(2) The funds used to procure personal property or services are contract and grant funds or, in the case of multiple fund sources, the contract and grant funds exceed fifty percent (50%) of the total funds.
When a special responsibility constituent institution makes a purchase under subdivision (1) or (2) of this subsection, the requirements of Chapter 143, Article 3 shall apply, except the approval or oversight of the Secretary of Administration or the State Purchasing Officer is not required, regardless of dollar value.
(b) Special responsibility constituent institutions shall have the authority to purchase equipment, materials, supplies, and services from sources other than those certified by the Secretary of Administration on term contracts, subject to the following conditions:
(1) The purchase price, including the cost of delivery, is less than 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 benchmark established under G.S. 116-31.10; and
(4) The special responsibility constituent institution notifies the Department of Administration of purchases consistently being made under this provision so that State term contracts may be improved. (1971, c. 1244, s. 1; 2003-228, s. 1; 2013-234, s. 6.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 116 - Higher Education
Article 1 - The University of North Carolina.
§ 116-3 - Incorporation and corporate powers.
§ 116-3.3 - Mediation matters.
§ 116-4 - Constituent institutions of the University of North Carolina.
§ 116-5 - Initial membership of Board of Governors.
§ 116-6 - Election and terms of members of Board of Governors.
§ 116-6.1 - Student member of the Board of Governors.
§ 116-7 - General provisions concerning members of the Board of Governors.
§ 116-8 - Chairman, vice-chairman and secretary.
§ 116-9 - Meetings of Board of Governors.
§ 116-11 - Powers and duties generally.
§ 116-11.1 - Transferred to G.S116-37 by Session Laws 1971, c1244, s6.
§ 116-11.2 - Duties regarding programs in education administration.
§ 116-11.3 - UNC admissions policy for early college graduates.
§ 116-12 - Property and obligations.
§ 116-13 - Powers of Board regarding property and services subject to general law.
§ 116-13.1 - Capital facilities; reports.
§ 116-13.2 - Report on University Fiscal Liabilities.
§ 116-14 - President and staff.
§ 116-15 - Licensing of certain nonpublic post-secondary educational institutions.
§ 116-17.1 - Dependent care assistance program.
§ 116-17.2 - Flexible Compensation Plan.
§ 116-18 - Information Center established.
§ 116-22.1 through 116-25 - Transferred to §§ 116A-3 to 116A-7 by Session Laws 1971, c1135, s2.
§ 116-26 - Transferred to § 116-43 by Session Laws 1971, c1244, s17.
§ 116-29.1 - University Cancer Research Fund[Effective July 1, 2022]
§ 116-30 - Transferred to § 116-40 by Session Laws 1971, c1244, s9.
§ 116-30.1 - Special responsibility constituent institutions.
§ 116-30.2 - Appropriations to special responsibility constituent institutions.
§ 116-30.3A - Availability of excess receipts.
§ 116-30.3B - Energy conservation savings.
§ 116-30.4 - Position management.
§ 116-30.5 - Impact on education.
§ 116-30.8 - Special responsibility constituent institutionsannual audit by State Auditor.
§ 116-30.20 - Establishment of private, nonprofit corporations.
§ 116-31 - Membership of the boards of trustees.
§ 116-31.10 - Powers of Board regarding certain purchasing contracts.
§ 116-31.12 - Acquisition and disposition of real property by lease.
§ 116-32 - Officers and meetings of the boards of trustees.
§ 116-33 - Powers and duties of the boards of trustees.
§ 116-33.1 - Board of trustees to permit recruiter access.
§ 116-33.2 - Cooperative Extension Service employees.
§ 116-34 - Duties of chancellor of institution.
§ 116-35 - Electric power plants, campus school, etc.
§ 116-36.1 - Regulation of institutional trust funds.
§ 116-36.2 - Regulation of special funds of individual institutions.
§ 116-36.4 - Vending facilities.
§ 116-36.6 - East Carolina University School of Medicine; Medicare receipts.
§ 116-36.7 - Wake Forest Institute for Regenerative Medicine; profit sharing with State.
§ 116-37 - University of North Carolina Health Care System.
§ 116-37.1 - Center for public media.
§ 116-37.2 - Regulation of University of North Carolina Hospitals at Chapel Hill Funds.
§ 116-38 - Child development research and demonstration center.
§ 116-39 - Agricultural research stations.
§ 116-40 - Board to accept gifts and congressional donations.
§ 116-40.5 - Campus law enforcement agencies.
§ 116-40.6 - Certain Personnel of East Carolina University.
§ 116-40.7 - Internal auditors.
§ 116-40.11 - Disciplinary proceedings; right to counsel for students and organizations.
§ 116-40.12 - Student organizations; rights and recognition.
§ 116-40.13 - Authorization to secure liability insurance for alcohol sales.
§ 116-40.20 - Legislative findings.
§ 116-40.21 - Board of governors may authorize management flexibility.
§ 116-40.22 - Management flexibility.
§ 116-40.23 - Reporting requirement; effective date of reported policies, procedures, and rules.
§ 116-41.2 - Powers of Board of Governors generally.
§ 116-41.3 - University authorized to pay service charges; payments deemed revenues.
§ 116-41.6 - Pledge of revenues; lien.
§ 116-41.7 - Proceeds of bonds, revenues, etc., deemed trust funds.
§ 116-41.8 - Rights and remedies of bondholders.
§ 116-41.9 - Refunding revenue bonds.
§ 116-41.10 - Exemption from taxation.
§ 116-41.11 - Executive committee may be authorized to exercise powers and functions of Board.
§ 116-41.13 - Distinguished Professors Endowment Trust Fund; purpose.
§ 116-41.13A - Distinguished Professors Endowment Trust Fund; definitions.
§ 116-41.14 - Distinguished Professors Endowment Trust Fund; establishment; maintenance.
§ 116-41.15 - Distinguished Professors Endowment Trust Fund; allocation; administration.
§ 116-41.16 - Distinguished Professors Endowment Trust Fund; contribution commitments.
§ 116-41.17 - Distinguished Professors Endowment Trust Fund; establishment of chairs.
§ 116-41.18 - Distinguished Professors Endowment Trust Fund; selection of Distinguished Professors.
§ 116-41.19 - Distinguished Professors Endowment Trust Fund; promulgation of rules.
§ 116-41.30 - Establishment of Future Teachers of North Carolina.
§ 116-41.31 - Oversight of Future Teachers of North Carolina.
§ 116-43 - Escheat receipts prior to July 1, 1971.
§ 116-43.1 - Institute for Transportation Research and Education.
§ 116-43.10 - Academic Common Market program.
§ 116-43.16 - Small business counseling information.
§ 116-43.17 - Confidentiality of research data, records, and information of a proprietary nature.
§ 116-43.20 - Operation of 4-H camps.
§ 116-43.30 - Advanced Placement courses for secondary school students.
§ 116-44.1 - Transferred to § 116-42 by Session Laws 1971, c1244, s11.
§ 116-44.2 - Transferred to § 116-38 by Session Laws 1971, c1244, s7.
§ 116-44.4 - Regulation of traffic and parking and registration of motor vehicles.