AG 2001 12 17 - Laserfiche WebLink

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Sherri Barnhardt From: Sent: To: Subject: Bluestein, Frayda S [Bluestein@iogmail.iog.unc.edu] Friday, December 07, 2001 8:55 AM The ncpurchasing mailing list [ncpurchasing] New Legislation As one of its last actions in the now concluded longest session in North Carolina history, the General Assembly passed Senate Bill 914, which makes significant changes in the requirements for public construction contracts. Although the final version hasn't been posted yet, you will soon be able to view the final text of the act at: http:/t204.84.200.301gascriptslbi]lnumbedbillnumber.pl?Session=2001 &Billl D=s+914. (Note: the sixth edition is not the final version.) Most of the key provisions affecting local governments, including the changes in dollar thresholds, will become effective for bids or proposals solicited on or after January 1, 2002. Key provisions include: Increases formal limit for construction or repair work from $100,000 to $300,000. Increases formal limit for purchase of apparatus, supplies, materials, and equipment from $50,000 to $90,000. Authorizes public agencies to choose from among five options for building construction or repair contracts: (1) Single prime only; (2) Multi prime only; (3) Dual bidding (multi and single prime, unit may award either way); (4) construction management at risk (procedures for which are set out in detail in the new law); (5) and alternative methods authorized by the State Building Commission. Requires reporting of costs and methods chosen for each project. Significantly increases the requirements for minority participation good faith efforts in several ways. Adds minority participation outreach requirements to the procedures governing selection of architects, engineers, and surveyors, as well as for building construction contracts in the informal range. Imposes a 10% goal for local building construction contracts funded with state money. Delineates with specificity the good faith efforts local governments must make, and those that local governments must require contractors to make, including designating a point system for evaluating what constitutes a sufficient good faith effort. Requires the Secretary of the Dept. of Administration to develop guidelines on the point system and goals for particular areas of work. Makes local governments subject to state oversight if they fail to comply with the requirements and imposes new reporting requirements on good faith efforts programs. Increases the thresholds in G.S. 133-1.1 for requirement of architect/engineer design of public projects from $45,000 to $135,000 for new construction or additions and structural repairs, and from $100,000 to $300,000 for nonstructural repair Adds new requirement for dispute resolution procedures on building construction projects to be developed at the local level, which must include mediation. Clarifies statutes governing engineers and landscape architects to delineate respective areas of work, and requires the respective boards to develop an agreement regarding the overlap. Other changes affect the approval and oversight of university projects. A more complete summary of this and other legislation affecting public purchasing and contracting will be posted as soon as it is completed.