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UNC <br />�Y SCHOOL OF GOVERNMENT <br />withdraw his bid to Superior Court within 20 days of receiving the local <br />government's ruling. Any bidder who withdraws may not rebid on the project or <br />provide materials, equipment, or labor to a contractor or subcontractor performing <br />on the contract from which the bidder withdrew without the written permission of <br />the local government; a violation of this second prohibition is a Class 1 <br />misdemeanor. A withdrawn bid counts toward the 3 -bid minimum required for <br />formal bid opening. [G.S. 143-129.1] <br />3. When bid documents become public records — Bid documents submitted by bidders <br />eventually become open to public inspection 3. The point in time when bids submitted <br />by bidders become public varies depending on the procurement method. <br />a. Below informal bidding range — Bid documents become open for public inspection <br />when they are received by the local government (or, if sealed, when opened). <br />b. Informal bidding range — The record of bids (and bid documents) become open for <br />public inspection when the contract is awarded. <br />c. Formal bidding range — Bid documents become open for public inspection when the <br />bids are opened at the public bid opening. <br />Step 5: Evaluate Bids <br />1. Evaluation—Once bids are received (informal) or opened (formal), the local government <br />must evaluate bids to determine if the bids conform to the project specifications and <br />meetall applicable legal requirements. <br />2. Bidders must be licensed — A licensed general contractor must oversee the project if it <br />costs over $30,000. [G.S. 87-1(a)] General contractor oversight is not required if the <br />local government is acting as its own general contractor by using its own forces. [G.S. <br />143-135, G.S. 87-1(b)(2)] If the local government is acting as its own general contractor, <br />it must submit an owner -contractor affidavit to the local building inspector attesting to <br />its eligibility to act as its own general contractor. [G.S. 87-14]" <br />' Information in bids that is a "trade secret" remains confidential even after the bid becomes public. [G.S. 132-1.2; <br />G.S. 66-152] For more information on trade secrets, see, Vouens, Eileen, "Bidding Confidential." Coates Canons <br />Local Government Law blog, UNCSchool of Government, April 8, 2010. For more information on when bid <br />documents become public records, see Vouens, Eileen, When are Bids and Proposals Subject to Public Inspection? <br />LGLB No. 119, UNC School of Government (February 2009). <br />°The affidavit requirement for owner -contractor construction projects was enacted by the General Assembly in <br />2011(S.L. 2011-376). More information about this new requirement and a sample affidavit are available on the <br />SOG's Local Government Purchasing and Contracting website under "Legislative Updates." <br />miter 1 \n <br />5 1 Construction Contracting Basic Legal Requirements Updated September 2013 <br />F-9 Page 81 <br />