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Purchases made through a competitive bidding group purchasing program, which <br />is a formally organized program that offers competitively bid purchasing services <br />at discount prices to two or more public agencies, are exempt from the North <br />Carolina competitive bid laws. <br />C. Emergencies <br />The formal bidding statute provides that bidding is not required "in cases of <br />special emergency involving the health and safety of the people or their <br />property." The essential elements for an emergency to be exempt under the <br />statute are: <br />1. The emergency must be present, immediate and existing; <br />2. Harm cannot be averted through temporary measures; and, <br />3. The emergency cannot be self- created (due to a failure to take precautions). <br />D. Purchases from other governmental units <br />Compliance is not required with the competitive bidding statutes when the <br />contract for the purchase of apparatus, supplies, materials or equipment is from <br />any federal agency, or any other governmental unit within the United States (i.e. <br />municipalities, counties, schools, housing authorities). <br />E. Contracts established by the State or any agency of the State <br />The North Carolina Statutes allow purchases from contracts established by the <br />State or any agency of the State, if the contractor is willing to extend the same or <br />more favorable prices, terms and conditions as established in the original <br />contract. No governing board approval is needed to enter into a contract under <br />this provision. <br />F. Purchase of Used Equipment <br />Page 28 of 48 <br />Attachment number 1 <br />F -6 Page 100 <br />