01 NCAC 05B .1518. BOARD OF AWARD

(a)  When the dollar value of a contract for the purchase, lease, or lease/purchase of commodities or printing exceeds the agency's benchmark or delegation, the Board of Award (Board) shall canvass the Division's recommended action. This also includes reporting of emergency and pressing need purchases over the agency's benchmark or delegation.  The Division shall submit the Board's recommendation (award, cancellation, approval, negotiation, etc.) to the Secretary.  The Secretary may either concur with the recommendation of the Board by awarding contracts or approving other recommended action, or take other action as deemed necessary.  A Board of Award meeting shall be comprised of at least two voting members.  The SPO or designee shall conduct the meeting and one Division employee shall take the minutes of the meeting.  The Advisory Budget Commission may designate two or more voting members to serve as members of the Board.  The SPO may further designate the following persons who may serve in this capacity in the absence of member(s) of the Commission:

(1)           Assistant Superintendent for Financial Services, Department of Public Instruction;

(2)           Representative from Attorney General's Office;

(3)           All Council of State members with the exception of the Governor.

These alternate members shall not further delegate this responsibility.

(b)  Records shall be kept of each meeting and made public by the SPO unless there is statutory authority for keeping the record for a specific purchase confidential, and if so, that record shall be kept confidential. The Secretary may elect to proceed with the award of contracts without the recommendation of the Board in cases of emergencies or in the event that a Board is not available.  In such cases, contracts awarded without Board review shall be reported to a subsequent Board as a matter of record.

(c)  Exemptions: Approval by the Secretary is not required for the following purchase actions: exemption by statute, by rule, by special delegation, or where one agency is buying from another agency or through the State Surplus Property Agency or the State Agency for Federal Surplus Property.

 

History Note:        Authority G.S. 143-53; 143-318.18(10);

Eff. February 1, 1996;

Amended Eff. April 1, 1999.