GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 749
The General Assembly of North Carolina enacts:
Section 1. Section 2 of Chapter 860 of the 1987 Session Laws reads as rewritten:
"Sec. 2. This act is effective upon ratification,
and shall expire June 30, 1989 June 30, 1991."
Sec. 2. G.S. 136-28.1(a) as amended by Chapter 78 of the 1989 Session Laws reads as rewritten:
"(a) All contracts over one
hundred fifty thousand dollars ($150,000) three hundred thousand dollars
($300,000) that the Department of Transportation may let for construction
or repair necessary to carry out the provisions of this Chapter shall be let to
a responsible bidder after public advertising under rules and regulations to be
made and published by the Department of Transportation. The right to
reject any and all bids shall be reserved to the Board of Transportation.
Contracts for construction or repair for federal-aid projects entered into
pursuant to this section shall not contain the standardized contract clauses
prescribed by 23 U.S.C. § 112(e) and 23 C.F.R. § 635.131(a) for differing site
conditions, suspensions of work ordered by the engineer or significant changes
in the character of the work. The Department of Transportation shall use
only the contract provisions provided in the the North Carolina Department of
Transportation, Standard Specifications for Roads and Structures, January 1,
1984, except as each may be changed or provided for by rule adopted by the
Board of Transportation in accordance with the Administrative Procedure
Act."
Sec. 3. G.S. 136-28.1(b) reads as rewritten:
"(b) In those cases in
which the amount of work to be let to contract for highway construction or
repair is one hundred fifty thousand dollars ($150,000) three hundred
thousand dollars ($300,000) or less, at least three informal bids shall be
solicited. The term 'informal bids' is defined as bids in writing,
received pursuant to a written request, without public advertising. All
such contracts shall be awarded to the lowest responsible bidder, taking
into consideration quality, performance, and the time specified in the bids for
the performance of the contract. bidder. The Secretary of
Transportation shall keep a record of all bids submitted, which record shall be
subject to public inspection at any time. time after the bids are
opened."
Sec. 4. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 9th day of August, 1989.