AG 2004 08 16 - Laserfiche WebLink

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The same rules apply as in purchasing (G.S. 143-129) There is one modification for real property. An advertisement for sealed bids must be published in a newspaper having general circulation in the local government's area not less than 30 days before the date fixed for opening bids. (Publication must occur 10 days before the bids are opened if only personal property is being sold) The advertisement should generally describe the property, tell where it can be examined and when and where the bids will be opened, state that a five percent (5%) bid deposit is required and will be retained if the successful bidder fails to consummate the contract, and reserve the boards' right to rejec~ any and all bids. Bids must be opened in public and be recorded in the board's minutes. The award should be made to the highest bidder. Negotiated offer, advertisement and upset bids: a. The governing body may solicit or receive an offer to purchase property. b. The offeror must make a deposit of five percent (5%) of the amount offered to be considered by the unit. c. The offer must be advertised ten (10) days before the sale is consummated. The advertisement should include a notice that within ten (10) days any person may raise the bid by not less than ten percent (10%) of the first one thousand dollars ($1,000) and five percent (5%) of the remainder. This additional bid is referred to as an "upset bid". d. If an upset bid is received, steps b. and c. must be repeated until no further bids are received. Public Auction: a. The governing body must pass a resolution authorizing the sale; describing the property to be sold; and specifying the date, time, place and terms of sale. b. Notice of the sale of real property must be published once at least 30 days before the sale. For personal property only, the notice must be published at least ten (10) days before auction or negotiated sale. c. High bids received at the sale must be reported to the governing body and accepted or rejected within 30 days. d. If the bids are rejected, the property may be re-advertised for sale. e. The resolution may require the highest bidder to make a bid deposit of an amount specified in the resolution. Private Negotiation and Sale of Personal Property (one item or a group of similar items) Valued at Less than $30,000 or Exchange of Government-owned Facilities for Like Facilities of Comparable Value: a. The governing body must pass a resolution authorizing the sale. b. The resolution must be published once after passage. c. The sale cannot be consummated until ten (10) days after publication of the resolution. Real property valued at $10,000 or more and personal property valued at $30,000 or more (for an item or a group of similar items) may be exchanged as permitted by G.S. 153A-176 or may be sold under the requirements of items 1., 2., or 3. above. Private negotiation and sales of these items are only allowed under G.S. 153A-176 for the disposal of real or personal properties with certain historical or architectural significance to a non-profit corporation or trust whose purposes include the preservation or conservation of real or personal property. Before any real or personal property is dispose of by a department in a county, notice should be circulated to other departments that the property is considered surplus.