PREQUALIFICATION UPDATE.

View NCGA Bill Details2013-2014 Session
House Bill 1043 (Public) Filed Wednesday, May 14, 2014
A BILL TO BE ENTITLED AN ACT TO CLARIFY THE STATUTES RELATED TO THE USE OF PREQUALIFICATION IN PUBLIC CONSTRUCTION CONTRACTING, AS STUDIED BY THE JOINT PURCHASE AND CONTRACT STUDY COMMITTEE.
Intro. by Arp.

Status: Ch. SL 2014-42 (House Action) (Jun 30 2014)

SOG comments (1):

Identical bill

Bill as filed is identical to S 814, filed 5/20/14.

H 1043/S.L. 2014-42

Bill Summaries:

  • Summary date: Jul 1 2014 - More information

    A BILL TO BE ENTITLED AN ACT TO CLARIFY THE STATUTES RELATED TO THE USE OF PREQUALIFICATION IN PUBLIC CONSTRUCTION CONTRACTING, AS STUDIED BY THE JOINT PURCHASE AND CONTRACT STUDY COMMITTEE. Enacted June 30, 2014. Section 8 is effective June 30, 2014. The remainder is effective October 1, 2014.

     

  • Summary date: Jun 19 2014 - More information

    Senate amendment makes the following changes to the 3rd edition:

    Deletes the provision repealing SL 1979-183, concerning the supplemental retirement fund for firemen in Mebane.  


  • Summary date: Jun 18 2014 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Increases the membership of the Blue Ribbon Commission to Study the Building and Infrastructure Needs of the State, established in this act, from 17 to 20 members. Permits the appointing authorities (the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor) to each make one additional appointment for a total of seven members appointed by the Speaker, seven by the President Pro Tem, and six appointed by the Governor. Requires that the appointees meet new prescribed standards and criteria.

    Makes additional technical corrections for clarity and accuracy.

    Repeals Chapter 183 of the 1979 Session Laws, which created a supplemental retirement fund for firemen in the town of Mebane and modified application of existing retirement law to Mebane.


  • Summary date: Jun 9 2014 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 143-135.8(b), whichprovidesthat a governmental entity may prequalifybiddersforaparticularconstruction or repair work project only when all of the enumerated circumstances apply, to add a third required circumstance. Requires that the governmental entity must have adopted theassessmenttool and criteria for that specific project, which mustincludethepre-qualificationscoring values and minimumrequiredscore for pre-qualification on that project.

    Deletes GS 143-135.8(c)(3)(b), removing criteria that required that pre-qualification criteria must include pre-qualification scoring values and minimum required score for pre-qualification. Makes a conforming change to GS 143-128.1 regarding construction management at risk contracts.

    Amends GS 143-128.1B(b)(6) and GS 143-128.1A(b)(6) to provide that the comparison criteria used by a governmental entity in determining the use of the design-build delivery method or the delivery methods identified in subdivisions (1), (2), and (4) of GS 143-128(a1) is to be a comparison of advantages and disadvantages of the delivery methods (was, a comparison of the cost and benefit).

    Adds a new Section 8 to this act which establishes a 17-member Blue Ribbon Commission to Study the Building and Infrastructure Needs of the State (Commission), with six members appointed by the Speaker of the House of Representatives (Speaker), six members appointed by the President Pro Tempore of the Senate (President Pro Tem), and five members appointed by the Governor. Specifies the criteria for the appointment of the Commission members.

    Enumerates matters related to building and infrastructure needs in North Carolina that the Commission is to study. Building and infrastructure needs to be studied include (1) new repairs, (2) renovations, (3) expansion, and (4) new construction.

    Provides for two co-chairs for the Commission, with one representative appointed as co-chair by the Speaker and one senator appointed as co-chair by the President Pro Tem. Provides that 10 members constitute a quorum of the Commission and that any vacancy is to be filled by the appointing authority. Authorizes the Commission to exercise all the powers provided for under GS 120-19 and GS 120-19.4 in the discharge of its official duties. Provides that Commission members are to receive per diem, subsistence, and travel allowances in accordance with GS 120-3.1, 138-5, or 138-6, as appropriate. Provides additional criteria regarding the meeting and operation of the Commission. Directs the House of Representatives' and the Senate's Directors of Legislative Assistants to assign clerical staff to the Commission and directs the Commission to bear the expenses relating to the clerical employees.

    Directs all state departments, agencies, local governments, and their subdivisions to provide the Commission with any information in their possession or available to them.

    Provides that the Commission may make an interim report of its findings and recommendations to the 2015 General Assembly and requires the Commission to make a final report of its findings and recommendations to the 2016 Regular Session of the 2015 General Assembly. Directs the Commission to terminate on December 31, 2016, or the filing of the final report, whichever comes first.

    Provides that Section 8 of this act becomes effective when it becomes law.


  • Summary date: May 14 2014 - More information

    Section 1 of the bill amends GS 143-135.8 to define prequalification and to clarify the circumstances under which units of government may prequalify contractors for purposes of bidding on public construction or repair contracts.  New subsection (a) prohibits the use of prequalification except under specific circumstances enumerated in new subsection (b) as follows:  (1) the unit is bidding the project under the separate-prime, multi-prime, or dual bidding methods and (2) the governing board has adopted an objective prequalification policy.  New subsection (c) requires the prequalification policy to be uniform, consistent, and transparent; allow all bidders who meet the prequalification criteria to be prequalified; clearly state the prequalification criteria and assessment process; establish a protest process for bidders denied prequalification; and outline a process for communicating the basis for denial of prequalification to a bidder.  New subsection (d) clarifies that a bid submitted by a bidder denied prequalification shall be deemed nonresponsive.  New subsection (e) prohibits the use of prequalification in selecting architects, engineers, or surveyors under Article 3D of Chapter 143, design-builders under GS 143-128.1A, preliminary designers on a design-build bridging project under GS 143-128.1B, a public-private partnership developer under GS 143-128.1C, or a construction manager at-risk under GS 143-128.1.  New subsection (f) defines prequalification.

    Section 2 of the bill amends GS 143-128.1 to require construction managers at-risk to use prequalify first-tier subcontractors in accordance with the new prequalification provisions; requires a unit of government to compare the cost and benefit of using construction management at-risk for a particular project in lieu of traditional construction delivery methods and determine that construction management at-risk is in the best interest of the project.

    Section 3 of the bill recodifies the reporting requirements related to using alternative construction delivery methods under GS 143-64.31(b),(c), and (d) as GS 143-133.1(a), (b), and (c), which is detailed in Section 5 of the bill.

    Section 4 of the bill amends GS 143-64.31 by adding a new subsection (f) prohibiting the solicitation, submission, or consideration of work product or design, or costs or fees other than unit price,  when procuring professional services subject to this statute (architects, engineers, surveyors, and alternative construction delivery method services).  Examples of prior work may be solicited, submitted, and considered.

    Effective October 1, 2014, and applies to all contracts awarded on or after that date. 


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