GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1997
SESSION LAW 1998-194
The General Assembly of North Carolina enacts:
Section 1. G.S. 115C-522.1 reads as rewritten:
"§
115C-522.1. Pilot program for provision of equipment from other
sources. Purchasing flexibility.
(a) The State
Board of Education shall develop and implement a pilot program allowing
selected local school administrative units to purchase supplies, equipment, and
materials from noncertified sources. In developing the program, the State Board
shall collaborate with the Department of Administration on establishing
standards, specifications, and any other measures necessary to implement and
evaluate the pilot program. The State Board shall initially select twelve (12)
local school administrative units that are diverse in geography and size to participate
in the pilot program. If the State Board thereafter determines that the pilot
program is effective, efficient, and in the best interest of the public
schools, the State Board shall have the authority to expand the pilot program
to additional local school administrative units.
(b) Local school
administrative units participating in the pilot program shall have the
authority to purchase the same supplies, equipment, and materials from
noncertified sources as are available under State term contracts, subject
to the following conditions:
(1) The purchase price, including the cost of delivery, is less than the cost under the State term contract;
(1a) The items are the same or substantially similar in quality, service, and performance as items available under State term contracts;
(2) The cost of the purchase shall not exceed the bid value benchmark established under G.S. 143-53.1;
(3) The local school
administrative unit documents in writing maintains written
documentation of the cost savings; and
(4) The local
school administrative unit shall provide annually by August 15 an itemized
report of the cost savings to the State Board of Education.
(5) The local school administrative unit notifies the Department of Administration of any purchases of items it made that are substantially equivalent to and not the same as items under State term contracts.
(c) The requirements listed in subsection (b) of this section shall not apply to purchases from noncertified sources that fall below the economic ordering quantity of a State term contract.
(d) The State Board of
Education shall provide to the Upon the request of the Department of
Administration Administration, copies of the itemized annual
reports produced by the local school administrative units participating in the
pilot program. The State Board shall evaluate the information provided by the
participating units and shall report its findings and recommendations to the
Joint Legislative Education Ovesight Committee by October 1, 1997, and annually
thereafter. a local school administrative unit shall provide the written
documentation of cost savings required under subdivision (3) of subsection (b)
of this section.
(e) The State Board shall adopt rules to exempt from this section supplies, equipment, and materials related to student transportation. The State Board shall adopt guidelines regarding the interpretation and implementation of this section."
Section 2. G.S. 115C-522(a) reads as rewritten:
"§ 115C-522. Provision of equipment for buildings.
(a) It Except
as provided in G.S. 115C-522.1, it shall be the duty of local boards of
education to purchase or exchange all supplies, equipment and materials in
accordance with contracts made by or with the approval of the Department of
Administration. Title to instructional supplies, office supplies, fuel and
janitorial supplies, enumerated in the current expense fund budget and
purchased out of State funds, shall be taken in the name of the local board of
education which shall be responsible for the custody and replacement: Provided,
that no contracts shall be made by any local school administrative unit for
purchases unless provision has been made in the budget of the unit to pay for
the purchases, unless surplus funds are on hand to pay for the purchases, or
unless the contracts are made pursuant to G.S. 115C-47(28) and G.S. 115C-528
and adequate funds are available to pay in the current fiscal year the sums
obligated for the current fiscal year, and in order to protect the State
purchase contractor, it is made the duty of the governing authorities of the
local units to pay for these purchases promptly and in accordance with the
terms of the contract of purchase."
Section 3. G.S. 115C-47(23) reads as rewritten:
"(23) To Purchase Equipment and Supplies. -
Local boards shall contract for equipment and supplies pursuant to the
provisions of under G.S. 115C-522(a) 115C-522(a),
115C-522.1, and 115C-528."
Section 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 15th day of October, 1998.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 2:06 p.m. this 24th day of October, 1998