143-50.1. Division of Purchase and Contract; Contract Management Section.
(a) The Contract Management Section (CMS) is established in the Division of Purchase and Contract, Department of Administration. The CMS shall include legal counsel with the duties and responsibilities included in this section.
(b) Unless otherwise provided in G.S. 114-8.3(b) or (b1), or in this section, for all proposed solicitations for supplies, materials, printing, equipment, or contractual services that exceed one million dollars ($1,000,000), the CMS shall:
(1) Participate and assist in the preparation of all proposed solicitations, and review all available proposals from prospective contractors, with the goal of obtaining the most favorable contract for the State.
(2) Interpret proposed contract terms and advise the Secretary or the Secretary's designee of the potential liabilities to the State.
(3) Review all proposed contracts to ensure that the contracts:
a. Are in proper legal form.
b. Contain all clauses required by law.
c. Are legally enforceable.
d. Require performance that will accomplish the intended purposes of the proposed contract.
(c) With respect to proposed contracts for services that exceed five million dollars ($5,000,000), the CMS shall perform the duties required under G.S. 143-49(3a).
(d) The CMS shall:
(1) Assist State departments, agencies, and institutions to establish formal contract administration procedures and functions.
(2) Advise personnel in contracting specialist roles as to appropriate contract management and administrative techniques and activities.
(3) Act as a general resource to State agencies on contracting issues related to procurement, including contract drafting, clarification of terms and conditions, proper solicitation and bid evaluation procedures, contract negotiation, and other matters as directed by the State Purchasing Officer.
(4) Assist representatives of the Attorney General, agency counsel, and other legal staff, as requested, in matters related to contracting for goods and services.
(e) The Department of Administration shall adopt procedures for the record keeping of the information provided by State agencies and that has been received by the Secretary or the Secretary's designee pursuant to G.S. 114-8.3(c). The Department shall keep the records, and shall include a log with information that provides identification of individual contracts and where the contract documents are located. The Secretary is authorized to require that entities reporting pursuant to G.S. 114-8.39(c) provide additional information that may be required to identify the individual contracts.
(f) The CMS shall consist of personnel designated by the Secretary and perform other functions as directed by the Secretary that are not inconsistent with this section. (2013-234, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143 - State Departments, Institutions, and Commissions
Article 3 - Purchases and Contracts.
§ 143-48.1 - Medicaid program exemption.
§ 143-48.2 - Procurement program for nonprofit work centers for the blind and the severely disabled.
§ 143-48.3 - Electronic procurement.
§ 143-48.4 - Statewide uniform certification of historically underutilized businesses.
§ 143-48.5 - Contractors must use E-Verify.
§ 143-48.6 - Personal services contracts subject to Article.
§ 143-49 - Powers and duties of Secretary.
§ 143-49.1 - Purchases by volunteer nonprofit fire department and lifesaving and rescue squad.
§ 143-50 - Certain contractual powers exercised by other departments transferred to Secretary.
§ 143-50.1 - Division of Purchase and Contract; Contract Management Section.
§ 143-51 - Reports to Secretary required of all agencies as to needs and purchases.
§ 143-52.1 - Award recommendations; State Purchasing Officer action.
§ 143-52.3 - Multiple award schedule contracts.
§ 143-53.1 - Setting of benchmarks; increase by Secretary.
§ 143-54 - Certification that bids were submitted without collusion.
§ 143-55 - Requisitioning by agencies; must purchase through sources certified.
§ 143-56 - Certain purchases excepted from provisions of Article.
§ 143-57 - Purchases of articles in certain emergencies.
§ 143-57.1 - Furniture requirements contracts.
§ 143-58 - Contracts contrary to provisions of Article made void.
§ 143-58.1 - Unauthorized use of public purchase or contract procedures for private benefit.
§ 143-58.2 - State policy; bid procedures and specifications; identification of products.
§ 143-58.3 - Purchase of recycled paper and paper products; goals.
§ 143-58.4 - Energy credit banking and selling program.
§ 143-58.5 - Alternative Fuel Revolving Fund.
§ 143-58.6 - Specifications for use of coal combustion products.
§ 143-58.7 - Contracts with Conservation Corps North Carolina.
§ 143-59.1 - Contracts with certain foreign vendors.
§ 143-59.1A - Preference given to products made in United States.
§ 143-59.2 - Certain vendors prohibited from contracting with State.
§ 143-59.4 - Contracts performed outside the United States.
§ 143-60 - Rules covering certain purposes.
§ 143-62 - Law applicable to printing Supreme Court Reports not affected.
§ 143-63 - Financial interest of officers in sources of supply; acceptance of bribes.