Bill Summary for H 1043 (2013-2014)

Summary date: 

Jun 9 2014

Bill Information:

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.

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Bill summary

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.

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