GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2004-115
HOUSE BILL 964
AN ACT to amend the law governing furniture requirement contracts for state agencies.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143-57.1 reads as rewritten:
"§ 143-57.1. Furniture requirements contracts.
(a) To ensure agencies access to sufficient sources of furniture supply and service, to provide agencies the necessary flexibility to obtain furniture that is compatible with interior architectural design and needs, to provide small and disadvantaged businesses additional opportunities to participate on State requirements contracts, and to restore the traditional use of multiple award contracts for purchasing furniture requirements, each State furniture requirements contract shall be awarded on a multiple award basis, subject to the following conditions:
(1) Competitive, sealed bids must be solicited for the contract in accordance with Article 3 of Chapter 143 of the General Statutes unless otherwise provided for by the State Purchasing Officer pursuant to that Article. Bids shall be solicited on a historical weighted average of specific contract items and not on a single item within a class of items. Historical weighted average shall be based on information derived from the State's electronic procurement system, when available, or other available data.
(2) Subject to the provisions of this section, bids shall be evaluated and the contract awarded in accordance with Article 3 of Chapter 143 of the General Statutes.
(3) For each category of
goods under each State requirements furniture contract, awards shall be made to
at least three qualified vendors unless three qualified vendors are not
available. Additionally, if the State Purchasing Officer determines that there
are no qualified vendors within the three best qualified vendors who offer
furniture manufactured or produced in North Carolina or who are incorporated in
the State, the State Purchasing Officer shall expand the number of qualified
vendors awarded contracts to as many qualified vendors as is necessary to
include a qualified vendor who offers furniture manufactured or produced in
North Carolina or who is incorporated in the State, but the State Purchasing Officer
shall not be required to expand the number of qualified vendors to more than
six qualified vendors. three qualified vendors are not available or that
it is in the best interest of the State to make fewer awards. The State
Purchasing Officer, subject to the approval of the Board of Award, shall state
his reasons in writing for making fewer awards and the written documentation
shall be maintained as part of the bid file and subject to public inspection.
A vendor is qualified under this section if the vendor's products conform to
the term contract specifications, the vendor is listed on the State's qualified
products list, and the vendor submits a responsive bid.
(4) An agency may purchase from any vendor certified on the contract but shall make the most economical purchase that it determines meets its needs, based upon price, compatibility, service, delivery, freight charges, and other factors that it considers relevant.
(b) For purposes of this section, "furniture requirements contract" means State requirements contracts for casegoods, classroom furniture, bookcases, ergonomic chairs, office swivel and side chairs, computer furniture, mobile and folding furniture, upholstered seating, commercial dining tables, and related items."
SECTION 2. This act becomes effective July 1, 2004, and applies to contracts advertised for bid on or after that date.
In the General Assembly read three times and ratified this the 7th day of July, 2004.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 2:11 p.m. this 17th day of July, 2004