143-134. Applicable to Department of Transportation and Department of Public Safety; exceptions; all contracts subject to review by Attorney General and State Auditor. [Effective until January 1, 2023]
(a) This Article applies to the Department of Transportation and the Department of Public Safety except in the construction of roads, bridges and their approaches; provided however, that whenever the Director of the Budget determines that the repair or construction of a building by the Department of Transportation or by the Department of Public Safety can be done more economically through use of employees of the Department of Transportation and/or prison inmates than by letting the repair or building construction to contract, the provisions of this Article shall not apply to the repair or construction.
(b) Notwithstanding subsection (a) of this section, the Department of Transportation and the Department of Public Safety shall: (i) submit all proposed contracts for supplies, materials, printing, equipment, and contractual services that exceed one million dollars ($1,000,000) to the Attorney General or the Attorney General's designee for review as provided in G.S. 114-8.3; and (ii) include in all contracts to be awarded by the Department of Transportation or the Department of Public Safety a standard clause providing that the State Auditor and internal auditors of the Department of Transportation or the Department of Public Safety may audit the records of the contractor during and after the term of the contract to verify accounts and data affecting fees and performance. Neither the Department of Transportation nor the Department of Public Safety shall award a cost plus percentage of cost agreement or contract for any purpose. (1933, c. 400, s. 3-A; 1955, c. 572; 1957, c. 65, s. 11; 1967, c. 860; c. 996, s. 13; 1973, c. 507, s. 5; 1977, c. 464, s. 34; 2010-194, s. 24; 2011-145, s. 19.1(h); 2011-326, s. 15(y); 2012-83, s. 45; 2013-289, s. 1.)
143-134. Applicable to Department of Transportation and Department of Adult Correction; exceptions; all contracts subject to review by Attorney General and State Auditor. [Effective January 1, 2023]
(a) This Article applies to the Department of Transportation and the Department of Adult Correction except in the construction of roads, bridges and their approaches; provided however, that whenever the Director of the Budget determines that the repair or construction of a building by the Department of Transportation or by the Department of Adult Correction can be done more economically through use of employees of the Department of Transportation and/or prison inmates than by letting the repair or building construction to contract, the provisions of this Article shall not apply to the repair or construction.
(b) Notwithstanding subsection (a) of this section, the Department of Transportation and the Department of Adult Correction shall: (i) submit all proposed contracts for supplies, materials, printing, equipment, and contractual services that exceed one million dollars ($1,000,000) to the Attorney General or the Attorney General's designee for review as provided in G.S. 114-8.3; and (ii) include in all contracts to be awarded by the Department of Transportation or the Department of Adult Correction a standard clause providing that the State Auditor and internal auditors of the Department of Transportation or the Department of Adult Correction may audit the records of the contractor during and after the term of the contract to verify accounts and data affecting fees and performance. Neither the Department of Transportation nor the Department of Adult Correction shall award a cost plus percentage of cost agreement or contract for any purpose. (1933, c. 400, s. 3-A; 1955, c. 572; 1957, c. 65, s. 11; 1967, c. 860; c. 996, s. 13; 1973, c. 507, s. 5; 1977, c. 464, s. 34; 2010-194, s. 24; 2011-145, s. 19.1(h); 2011-326, s. 15(y); 2012-83, s. 45; 2013-289, s. 1; 2021-180, s. 19C.9(n).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143 - State Departments, Institutions, and Commissions
§ 143-128 - Requirements for certain building contracts.
§ 143-128.1 - Construction management at risk contracts.
§ 143-128.1A - Design-build contracts.
§ 143-128.1B - Design-build bridging contracts.
§ 143-128.1C - Public-private partnership construction contracts.
§ 143-128.2 - Minority business participation goals.
§ 143-128.3 - Minority business participation administration.
§ 143-128.4 - Historically underutilized business defined; statewide uniform certification.
§ 143-129 - Procedure for letting of public contracts.
§ 143-129.1 - Withdrawal of bid.
§ 143-129.3 - Exemption of General Assembly from certain purchasing requirements.
§ 143-129.4 - Guaranteed energy savings contracts.
§ 143-129.5 - Purchases from nonprofit work centers for the blind and severely disabled.
§ 143-129.6 - Exemption for certain training projects of the North Carolina National Guard.
§ 143-129.7 - Purchase with trade-in of apparatus, supplies, materials, and equipment.
§ 143-129.8 - Purchase of information technology goods and services.
§ 143-129.8A - Purchase of certain goods and services for the North Carolina Zoological Park.
§ 143-129.9 - Alternative competitive bidding methods.
§ 143-130 - Allowance for convict labor must be specified.
§ 143-131 - When counties, cities, towns and other subdivisions may let contracts on informal bids.
§ 143-132 - Minimum number of bids for public contracts.
§ 143-133 - No evasion permitted.
§ 143-133.3 - E-verify compliance.
§ 143-133.5 - Public contracts; labor organizations.
§ 143-134.1 - Interest on final payments due to prime contractors; payments to subcontractors.
§ 143-134.2 - Actions by contractor on behalf of subcontractor.
§ 143-134.3 - No damage for delay clause.
§ 143-135 - Limitation of application of Article.
§ 143-135.2 - Contracts for restoration of historic buildings with private donations.
§ 143-135.3 - Adjustment and resolution of State board construction contract claim.
§ 143-135.6 - Adjustment and resolution of community college board construction contract claim.
§ 143-135.7 - Safety officers.