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DocuSign Envelope ID:A9CF8A9E-4CDB-4BB9-A678-D4AD80CD1393 <br /> SCHOOL OF OVERNMENT <br /> 2014 Legislative Sum rya <br /> Public Purchasing and Contracting <br /> Norma R. Houston <br /> UNC School of Government <br /> The North Carolina General Assembly Prequalification is defined under the <br /> adjourned the 2013-14 legislative session new G.S. 143-135.8(f)(2) as "[a] process of <br /> sine die (from the Latin "without day") on evaluating and determining whether <br /> August 20, 2014. Unless recalled to Raleigh potential bidders have the skill, judgment, <br /> for a special session, the General Assembly integrity, sufficient financial resources, and <br /> will not meet again until January 14, 2015, ability necessary to the faithful <br /> when a new session convenes following the performance of a contract for construction <br /> November 2014 general elections. Enacted or repair work." This definition is consistent <br /> legislation affecting public purchasing and with the North Carolina Court of Appeals' <br /> contracting is summarized below. interpretation of who is a responsible <br /> bidder under the lowest responsive, <br /> responsible bidder standard of award <br /> I. Public Bills applicable to purchase and construction or <br /> Prequalification Requirements repair contracts in the informal and formal <br /> S.L. 2014-42 (H1043) amends G.S. 143- bidding ranges.1 <br /> 135.8 by establishing specific procedural Under the new version of G.S. 143 <br /> requirements for when and how local 135.8, use of prequalification is limited to <br /> governments may prequalify construction construction or repair projects (regardless <br /> contractors to bid on construction and of cost) that are bid under the single-prime, <br /> repair contracts. These new requirements separate prime (multi prime), or dual <br /> also apply to the prequalification of first-tier bidding methods. Prequalification is <br /> subcontractors by a construction manager specifically prohibited on all contracts <br /> at risk under G.S. 143-128.1(c). The focus of subject to the Mini Brooks Act (G.S. 143 <br /> these new requirements is to ensure that a 64.31), meaning prequalification cannot be <br /> prequalification process is conducted used when contracting for architectural, <br /> transparently using criteria that relate to engineering, or surveying services as well as <br /> the specific project being bid and which are alternative construction delivery methods <br /> applied objectively and fairly to all bidders. (construction management at risk, design <br /> The new requirements also give bidders an build, design build bridging, and public <br /> opportunity to learn why they were denied private partnerships). <br /> prequalification and to appeal that denial. If a local government intends to <br /> The changes go into effect on October 1, prequalify bidders, it must first adopt an <br /> 2014, and apply to all contracts awarded on <br /> or after that date. 1 Kinsey Contracting Co.,Inc. v. City of Fayetteville, <br /> 106 N.C.App.383,385,416 S.E.2d 607,609(1992). <br /> 2014 Legislative Summary—Public Purchasing and Contracting Page 1 <br /> UNC School of Government <br />