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December 21, 2009 (Regular Meeting) Page 1724 public interest or would tend to impair independent judgment or action in the performance of official duties. V. BENEFIT FROM CONFIDENTIAL INFORMATION It is unethical and unlawful for any employee or former employee knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person. Article 4 PURCHASING REGULATIONS I. LEGAL REQUIREMENTS Statutory provision for purchasing by local governments and regulations thereof are contained primarily in North Carolina General Statutes, Chapter 143 (multiple sections, but generally GS § 143-129 through § 143-135). Other specific duties, responsibilities, and authorities are contained in GS Chapters 14, 44A, 66, 75, 87, 105, 153A, 160A and 159, the Local Government Budget and Fiscal Control Act. By virtue of these statutes, the County is empowered to enter into the purchasing of materials and the contracting of services. The County Board of Commissioners has full budget and signature authority for all contracts. The authority to sign contracts for normal operation supplies and service contracts has been delegated to the County Manager or his designee, the Purchasing Agent and Department Heads. II. LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT Under the Local Government Budget and Fiscal Control Act, all contractual obligations must be supported by an appropriation that authorizes the expenditure. Appropriations are detailed in the annual budgets approved by the County Board of Commissioners. All contracts and purchase orders must also contain a signed statement by the Finance Officer indicating that it has been pre- audited as required by the Act. At the time the obligation is incurred, there must be an unencumbered balance remaining in the appropriation sufficient to pay the obligation in the current fiscal year. The Departments are responsible for ensuring that funds are available before submitting a requisition to Purchasing. Article 5 METHODS OF PROCUREMENT The type of product or service being solicited and the dollar amount determines the method of solicitation used, and the method of solicitation determines what type of response a vendor/contractor should submit. I. FORMAL BIDS ($90,000 or more) The purchase of apparatus, supplies, materials or equipment for expenditures of $90,000 or more are secured through the competitive sealed bid process governed by the North Carolina statutes. Cabarrus County will issue an Invitation to Bid or a Request for Proposal on all formal bids. Construction and Repair purchases are addressed in Article 8, Construction. A. Invitation to Bid (ITB) An "ITB" or competitive sealed bid is a written request for specifically defined goods or services. 1. Legal Requirements/Policies Contracts subject to the public bidding requirement set forth in NCGS § 143-129 must be entered into in accordance with the following procedures: a. Public Advertisement - Bids for contracts $90,000 or more must be evidenced by advertisement at least seven (7) full days before the time specified for the opening of such proposals by