01 NCAC 05B .0316. ADVERTISEMENT REQUIREMENTS

(a)  Unless already required by statute, all advertisements required by rule shall be through the Division of Purchase and Contract via the Division's home page on the internet. If advertisement is required by rule, the solicitation shall be advertised at least once and at least 10 days prior to the date designated for opening.  This Rule does not prevent solicitation of offers by additional direct mailings or additional advertisement by an agency.

(b)  Agencies required by rule to advertise their solicitations shall electronically transmit the required data directly to the Division's home page.  The required data shall include the complete solicitation document (specifications, requirements, terms and conditions, etc.), with agency name, buyer name, phone number and address for accessing hard copies of the solicitation, solicitation identification number, title (a short description of the commodity, service or printing requirement), and the opening date, time and place.  If the solicitation requires potential offerors to attend a mandatory conference or mandatory site visit, this information shall also be furnished with the advertisement, to include date, time, location, contact person and the contact person's phone number.

(c)  Within three agency working days from the award of a contract that has been advertised through the Division, agencies shall electronically transmit an award notice directly to the Division's home page on the internet.  The award notice shall be posted for at least 30 consecutive calendar days. This award notice shall identify the contract and award information.

(d)  Exceptions to this Rule are as follows:

(1)           When it is deemed by the agency's executive officer or the officer's designee that there is a valid reason for the agency not to transmit the advertisement or award notice electronically, that agency may submit the data to the Division, so the Division may transmit it electronically, or the agency may place the advertisement (excluding the complete solicitation document) via newspaper.  If advertised via newspaper, the agency which issued the solicitation document shall be responsible for the advertisement and the award notice shall not be required.  Some valid reasons include computer equipment failure, networking difficulties, or insufficient copies of samples for a printing job.

(2)           If there is an attachment to a solicitation that the agency determines will not be electronically transmitted, then the solicitation document, when it is electronically transmitted, shall include instructions to contact the agency which issued the solicitation to obtain the attachment. 

(3)           If an agency determines that it is not feasible to electronically transmit a particular solicitation document through the Division's home page, then the agency shall electronically transmit a summary notice in the same way as if it had electronically transmitted the solicitation document.  The summary notice will instruct anyone inquiring about the solicitation on the Division's home page to contact the agency for a hard copy.

 

History Note:        Authority G.S. 143-52; 143-53;

Temporary Adoption Eff. February 15, 1998;

Eff. April 1, 1999.