Bill Summary for H 18 (2017-2018)

Summary date: 

Jan 25 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 18 (Public) Filed Wednesday, January 25, 2017
AN ACT TO REQUIRE STATE AGENCIES TO USE ELECTRONIC PROCUREMENT AND CONTRACT MANAGEMENT SYSTEMS DEVELOPED BY THE DEPARTMENT OF ADMINISTRATION, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.
Intro. by Davis, Lucas.

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Bill summary

Amends GS 143-48.3 to require the Department of Administration (DOA) to develop and maintain electronic or digital standards and systems for the procurement of goods and services, as well as contract management (previously did not address area of contract management).  Amends the catchline of the section to be Electronic procurement and contract management (was, Electronic Procurement).  Makes organizational and conforming changes to clarify that  the DOA must follow specified processes and procedures in developing and deploying the developed standards and systems, and expands upon these requirements to include utilizing the Department of Information Technology as an Application Service Provider to operate these electronic standards and systems.  Also requires the DOA to ensure that any contract management system be capable of performing various functions, including making payments in accordance with the applicable contract terms and conditions and that key documents can be stored, searched, and retrieved from the system by appropriate personnel. Also requires the DOA to provide State agencies with advance notice of newly developed standards or systems for the purpose of a smooth transition to using them.

Deletes language and makes organizational changes, adding new provisions that clarify what State agencies are subject to this Article. Further clarifies that the University of North Carolina, a constituent institution, a community college, or a unit of local government are not subject to these provisions but allows universities and community colleges to opt in as specified. Prohibits state agencies from entering into any contract, or renewing an existing contract, for the performance of an electronic contract procurement or contract management service if the DOA has given notice that the new system has been deployed.

Provides that nothing in this act can be construed to require the breach of any contract that exists on the effective date of this act.

Makes numerous conforming changes to: GS 18C-150 (Procurements); GS 53-320(d); GS 53-326(d); GS 53-391 (Employment of counsel, accountants, and other experts; compensation); GS 53-401 (Provisions for conservator; duties and powers); GS 58-10-285(d); GS 58-10-315(e); GS 58-10-350(3); GS 58-33-30 (License requirements); GS 58-33-125(e); GS 58-33-130(a); GS 58-56A-10(f); GS 58-58-50(r); GS 58-65-131(e); GS 58-71-40(d); GS 58-82A-2.1(c); GS 63A-24(a)(1); GS 108A-55(b); GS 114-9.4(b); GS 115D-67.4 (Fees collected by the Center; purchases using Center funds); GS 115D-89.4(b); GS 116-37(h); GS 116-40.6(c); GS 135-48.34 (Contracts not subject to Article 3 of Chapter 143 of the General Statutes); GS 136-89.194(g)(1); GS 143B-139.4B(b); GS 143B-431.01(b); GS 147-86.72(c)(2) and GS 148-134 (Preference for Division of Adult Correction of the Department of Public Safety products).

Effective October 1, 2017.

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