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<br />waiver of the bid procedure will be considered in order to contract with a qualified supplier pursuant to this
<br />section. Notice may be published in a newspaper having general circulation in the political subdivision or by
<br />electronic means, or both. A decision to publish notice solely by electronic means for a particular contract or for
<br />all contracts under this subsection shall be approved by the governing board of the political subdivision. Rules
<br />issued by the Secretary of Administration pursuant to G.S. 143-49(6) shall apply with respect to participation in
<br />State term contracts.
<br />(h) Transportation Authority Purchases. - Notwithstanding any other provision of this section, any board or governing body of
<br />any regional public transportation authority, hereafter referred to as a "RPTA," created pursuant to Article 26 of Chapter 160A of the
<br />General Statutes, or a regional transportation authority, hereafter referred to as a "RTA," created pursuant to Article 27 of Chapter
<br />160A of the General Statutes, may approve the entering into of any contract for the purchase, lease, or other acquisition of any
<br />apparatus, supplies, materials, or equipment without competitive bidding and without meeting the requirements of subsection (b) of
<br />this section if the following procurement by competitive proposal (Request for Proposal) method is followed.
<br />The competitive proposal method of procurement is normally conducted with more than one source submitting an offer or
<br />proposal. Either a fixed price or cost reimbursement type contract is awarded. This method of procurement is generally used when
<br />conditions are not appropriate for the use of sealed bids. If this procurement method is used, all of the following requirements apply:
<br />(1) Requests for proposals shall be publicized. All evaluation factors shall be identified along with their relative
<br />importance.
<br />(2) Proposals shall be solicited from an adequate number of qualified sources.
<br />(3) RPTAs or RTAs shall have a method in place for conducting technical evaluations of proposals received and
<br />selecting awardees, with the goal of promoting fairness and competition without requiring strict adherence to
<br />specifications or price in determining the most advantageous proposal.
<br />(4) The award may be based upon initial proposals without further discussion or negotiation or, in the discretion of
<br />the evaluators, disoussions or negotiations may be conducted either with all offerors or with those offerors
<br />determined to be within the competitive range, and one or more revised proposals or a best and final offer may
<br />be requested of all remaining offerors. The details and deficiencies of an offeror's proposal may not be disclosed
<br />to other offerors during any period of negotiation or discussion.
<br />(5) The award shall be made to the responsible firm whose proposal is most advantageous to the RPTA's or the
<br />RTA's program witll price and other factors considered.
<br />The contents of the proposals shall not be public records until 14 days before the award of the contract.
<br />The board or governing body of the RPTA or the RTA shall, at the regularly scheduled meeting, by formal motion make fmdings
<br />of fact that the procurement by competitive proposal (Request for Proposals) method of procuring the particular apparatus, supplies,
<br />materials, or equipment is the most appropriate acquisition method prior to the issuance of the requests for proposals and shall by
<br />formal motion certifY that the requirements of this subsection have been followed before approving the contract.
<br />Nothing in this subsection subjects ~ procurement by competitive proposal under this subsection to G.S. 143-49, 143-52, or
<br />143-53.
<br />RPTAs and RTAs may adopt regulations to implement this subsection. (1931, c. 338, s. I; 1933, c. 50; c. 400, s. I; 1937, c. 355;
<br />1945, c. 144; 1949, c. 257; 1951, c. 1104, 5s. 1,2; 1953, c. 1268; 1955, c. 1049; 1957, c. 269, s. 3; c. 391; c. 862, ss. 1-4; 1959, c. 392,
<br />s. 1; c. 910, s. 1; 1961, c. 1226; 1965, c. 841, s. 2; 1967, c. 860; 1971, c. 847; 1973, c. 1194, s. 2; 1975, c. 879, B. 46; 1977, c. 619, BB.
<br />1,2; 1979, c. 182, s. I; 1979, 2nd Sess., c, 1081; 1981, c. 346, B. 1; c. 754, s. I; 1985, c. 145, ss. 1,2; 1987, c. 590; 1987 (Reg. SesB.,
<br />1988), c. 1108, BS. 7, 8; 1989, c. 350; 1993, c. 539, s. 1007; 1994, Ex. SeBs., c. 24, s. 14(c); 1995, c. 367, s. 6; 1997-174, ss. 1-4;
<br />1998-185, s. I; 1998-217, s. 16; 2001-328, B. 1; 2001-487, s. 88; 2001-496, ss. 4, 5; 2005-227, B. 1.)
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