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UNC �Y SCHOOL OF GOVERNMENT bid. There is no limitation on the dollar amount of change order work, but use of change orders should be limited to circumstances that were unforeseen when the contract was awarded. [G.S. 143-129(e)(4)] 3. Emergencies — Construction and repair work arising from situations involving public health and safety is exempt from competitive bidding requirements. Use of this exception should be limited to situations involving an imminent or immediate threat to public health and safety; the exception is not allowed if the local government can comply with competitive bidding requirements without exacerbating the threat to public health and safety or damage to property.22 [G.S. 143-129(e)(2)] 4. Guaranteed Energy Savings Contracts (GESC) — A GESC is a contracting and financing method for the repair or upgrade of existing buildings (not new construction) that involve energy-saving improvements where the total cost of the contract is paid forwith the energy savings, and the contractor guarantees the amount of energy savings over the life of the contract. A special RFP process is required for advertising, evaluating, and awarding a GESC. [G.S. 143-64.17, -64.17A, -674.178; G.S. 143-129(e)(8)] 5. Solid Waste Management and Sludge Management Facilities — In lieu of competitive bidding procedures, a special RFP process may be used for the design, operation, and construction of solid waste and sludge management facilities. [G.S. 143-129.2] V. Resources Websites and Manuals: 3 School of Government Local Government Purchasing and Contracting website 3 School of Government Coates' Canons: NC Local Government Law Blog 3 State Construction Office Guidelines 3 Department of State Treasurer Purchasing and Contracting Checklist 3 Department of State Treasurer Policy Manual for Local Governments, Section 35: Purchasing and Contracting Manual 3 NC Office for Historically Underutilized Businesses Certification Program 3 NC Office for Historically Underutilized Businesses Statewide Uniform Certification Procedures Manual Publications: 3 Fleming Bell, II, Construction Contracts with North Carolina Local Governments, 4`b ed. (2007) 3 Bluestein, Frayda, A Legal Guide to Purchasing and Contracting for North Carolina Local Governments, 2M ed. (2004), with 2007 supplement. v Raynor v. Town of Louisburg, 220 N.C. 348, 17 S.E.2d 495(1941); Houston, Norma, "When is an Emergency Really an Emergency?" Coates Canons blog post, UNC School of Government, June 7, 2011. miter 1 \n 16 1 Construction Contracting Basic Legal Requirements updated September 2013 F-9 Page 92