GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-25
AN ACT TO AMEND THE LAW GOVERNING HIGHWAY SMALL PROJECT BIDDING.
The General Assembly of North Carolina enacts:
Section 1. G.S. 136-28.10(a) reads as rewritten:
"(a) Notwithstanding the
provisions of G.S. 136-28.4(b), for Highway Fund or Highway Trust Fund projects
of three hundred thousand dollars ($300,000) five hundred thousand
dollars ($500,000) or less, the Board of Transportation may, after
soliciting at least three informal bids in writing from Small Business
Enterprises, award contracts to the lowest responsible bidder. The
Department of Transportation may identify projects likely to attract increased
participation by Small Business Enterprises, and restrict the solicitation and
award to those bidders. The Board of Transportation may delegate full
authority to award contracts, adopt necessary rules, and administer the
provisions of this section to the Secretary of Transportation."
Section 2. G.S. 136-28.1(a) reads as rewritten:
"(a) All contracts over five
eight hundred thousand dollars ($500,000) ($800,000) 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 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."
Section 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,
maintenance, or repair is five eight hundred thousand dollars ($500,000)
($800,000) 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. The Secretary of Transportation shall
keep a record of all bids submitted, which record shall be subject to public
inspection at any time after the bids are opened."
Section 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 6th day of April, 1999.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 9:20 a.m. this 16th day of April, 1999