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UNC �Y SCHOOL OF GOVERNMENT a. Financial interest in materials — Designers cannot knowingly include specifications for building materials, equipment, or other items manufactured, distributed, or sold by a company in which the designer is a partner, officer, employee, agent or substantial stockholder. [G.S. 133-1] b. Manufacturer drawing plans — Designers cannot employ or allow a manufacturer to draw plans or specifications. [G.S. 133-2] Brand names — Designers must include in plans the specific performance and design characteristics of materials. Where it is impossible or impracticable to include these specifications, brand names for materials can be used, but only if at least three examples that are of equal or equivalent design are included and the specifications indicate that brand names are being used to convey the general style, type, quality, and character of the desired product. If it is impossible to list three or more items, then as many items as are available must be cited. If the unit wishes to specify a brand name product or materials as a preferred brand name alternate, performance standards that support the brand name item must be listed and approved in advance by the owner in an open meeting.11 [G.S. 133-31 4. Certain large buildings approved by DOI — Plans for buildings that are 20,000 sq. ft. or larger must be approved by the NC Department of Insurance for fire safety. If DOI approval is delayed, the local government may seek approval from the State Building Commission. [G.S. 58-31-40(b)] 5. Project expediter — The local government can specify in its bid documents that one of the contractors may be assigned responsibility for expediting the construction project. The project expediter can make recommendations on payments to contractors and, if required by the contract, is responsible for developing a project schedule with input from contractors and subcontractors. [G.S. 143-128(e)] Step 2: Solicit Bids 1. Construction methods —For building construction projects costing more than $300,000, local governments can only use the following statutorily authorized construction methods. A local government may choose, at its discretion, the specific method it wishes to use .12 [G.S. 143-128] 11 Governing board approval is not specifically required under G.S. 133-3; the approval maybe made by an employee to whom this authority has been delegated by the governing board. The meeting at which the approval is given must be open to the public, which suggests reasonable public notice of the meeting (following the public notice procedures for a special meeting of a public body is one recommended approach). G For a discussion of the effectiveness of the authorized construction methods, see Riecke, Valerie Rose, Public Construction Contracting: Choosing the Right Project -Deliver Method, Popular Government. Vo. 70, No. 1,U INC School of Government, (Fall 2004). mber 1 \n 10 1 Construction Contracting Basic Legal Requirements Updated September 2013 F-9 Page 86