School Law Bulletin #2001/14

The year 2001 saw numerous updates and changes to the rules applying to public contracts. Several groups of individuals who work in and represent public agencies developed legislative proposals to revise both public bidding requirements and the criminal self-dealing statutes, with the goal of clarifying these laws and making them better reflect current contracting practices. An effort to provide flexibility in the public construction bidding process resulted in major changes affecting building construction and in significant new requirements designed to promote the use of minority contractors and document good faith efforts toward that end. Public agencies, including public schools, community colleges, and the university, now have authority to use single-prime contracting and construction management at risk for major building projects. Local governments (other than local school units) now have authority to use a “request for proposals” process for procuring information technology goods and services and have several new exemptions under which goods may be purchased without bidding. Thresholds for the sealed bidding and other requirements have been significantly increased. These modifications will provide increased flexibility for public agencies, including public schools, community colleges, and the university. In some cases, the modifications will significantly change how business is done through public contracts in North Carolina.