BC 2009 12 21 Regular - Laserfiche WebLink

Home Browse Search

December 21, 2009 (Regular Meeting) Page 1729 Manager/Deputy County Manager with review by the Purchasing Agent. Selection of a firm to provide these services is based on the qualifications of the firm and individuals to perform the desired services in accordance with NCGS § 143-64.31-34 which states that local governments are required: 1. To announce all requirements for architectural, engineering, and surveying services; 2. To select firms qualified to provide such services on the basis of demonstrated competence and qualification for the type of professional services required, without price information; and, 3. To negotiate a contract for these services at a fair and reasonable fee with the best qualified firm. X. SOLE SOURCE Sole Source purchases are exempt from formal bidding for purchase contracts "when performance or price competition for a product is not available; when a needed product is available from only one source of supply; or when standardization or compatibility is the overriding consideration." A. Legal Requirements/Internal Policies The following requirements must be met: 1. Contracts in excess of $90,000 made under the sole source exemption must be approved by the Board of Commissioners (authority cannot be delegated); and, 2. The Board of Commissioners must keep a record of purchases made under this exception (and the School of Government (SOG) recommends that such record include a written justification for use of the exception). B. Procedure Upon determination that there available for that which is to purchase has been approved by contract may be negotiated and competitive bidding. is only one source practicably be procured and the sole source the appropriate authorities, a awarded to that source without XI. SPECIAL EXCEPTIONS There are several statutory exemptions from the competitive bidding requirements. The following apply to County procurement activity. A. State Contract Participation Local Governments can purchase from state contract vendors under the exception contained in NCGS § 143-129(g) or by participating in state contracts under the rules established by the North Carolina Department of Administration through the Division of Purchase and Contract. State contracts may be utilized when determined to be the most favorable method of procurement for any given item based on price and terms. The North Carolina State contract database can be accessed from the NC Department of Administration website: www.doa.state.nc.us/pandc B. Cooperative Purchasing Purchases made through a competitive bidding group purchasing program, which is a formally organized program that offers competitively bid purchasing services at discount prices to two or more public agencies, are exempt from the North Carolina competitive bid laws. C. Emergencies The formal bidding statute provides that bidding is not required "in cases of special emergency involving the health and safety of the people or their property." The essential elements for an emergency to be exempt under the statute are: 1. The emergency must be present, immediate and existing; 2. Harm cannot be averted through temporary measures; and,