Bill Summary for H 635 (2019-2020)

Summary date: 

Apr 9 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 635 (Public) Filed Tuesday, April 9, 2019
AN ACT TO PROVIDE THAT THE DIVISION OF PURCHASE AND CONTRACT OF THE DEPARTMENT OF ADMINISTRATION SHALL REVIEW PROTESTS ON CONTRACTS AND RECEIVE REPORTS ON EMERGENCY PURCHASES BY STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES IF THE DOLLAR AMOUNT EXCEEDS THE EXPENDITURE BENCHMARK ESTABLISHED BY THE SECRETARY OF ADMINISTRATION; TO ELIMINATE OBSOLETE LANGUAGE RELATING TO FURNITURE CONTRACTS FROM THE GENERAL STATUTES; TO PROVIDE PROCUREMENT SIMPLIFICATION AND INCREASED ACCOUNTABILITY; TO CLARIFY PLAN REVIEW, CODE ENFORCEMENT, AND CREATE AN EXEMPTION FROM THE STATE PROPERTY FIRE INSURANCE FUND FOR CERTAIN BUILDINGS WITHIN NC GLOBAL TRANSPARK; TO CREATE A PRISON SOFTWARE MANAGEMENT PILOT PROGRAM; TO CLARIFY THE AUTHORITY OF OWNERS ASSOCIATIONS TO IMPOSE CHARGES FOR STATEMENTS OF UNPAID ASSESSMENTS; TO CLARIFY DISTRICT ATTORNEY DISCRETION IN REGISTRATION REQUIREMENT REVIEWS; AND TO PROVIDE LIMITED IMMUNITY FROM COVID-19 RELATED CLAIMS ARISING FROM THE REOPENING OF PRIVATELY OWNED COMMUNITY SWIMMING POOLS IN ACCORDANCE WITH EXECUTIVE ORDERS ISSUED BY THE GOVERNOR DURING THE COVID-19 STATE OF EMERGENCY.
Intro. by Ross, Holley.

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Bill summary

Amends GS 143-53 regarding rules the Secretary of Administration (Secretary) is authorized to adopt. Concerning review and protest of an awarded State contract, requires the Secretary to adopt rules or criteria governing the review of and decision on a protest on a contract in an amount less than the appropriate expenditure benchmark established under GS 143-53.1 (previously, a contract of less than $25,000) by the agency that awarded the contract. Makes conforming changes to require the Division of Purchase and Contract (Division) to review and decide a protest on a contract valued at an amount that exceeds the appropriate expenditure benchmark established under GS 143-53.1 (was, a contract valued at $25,000 or more). Adds that a waiver of competition for the purchase, rental, or lease of goods or services is subject to the Secretary's review if the expenditure exceeds the agency's benchmark established under GS 143-53.1 (was, if the expenditure exceeds $10,000).

Amends GS 143-57 regarding the purchase of articles in certain emergencies. Now requires the report on the circumstances of an emergency or need under the statute and the transactions made under the circumstances to be promptly made to the Division if the expenditure exceeds the benchmark established in GS 143-53.1 (was, if the expenditure exceeds $10,000).

Amends GS 143-57.1 regarding State furniture requirements contracts. Modifies the provisions concerning the required condition that awards be made to at least three qualified vendors unless not available, as provided, for each category of goods under each contract, to remove the requirement that a vendor be listed on the State's qualified products list to be a qualified vendor under the provision. 

Amends GS 146-27 to require the Department of Administration to give written notice to the Legislative Commission on Governmental Affairs (Commission), rather than prior consultation with the Commission, when a proposed disposition of land owned by the State or by any State agency is a sale or gift of land with an appraised value of at least $25,000. Requires the notice to be given to the chairs of the Commission at least 30 days prior to the disposition. Applies to dispositions made on or after July 1, 2019.

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