During the final week of the recently adjourned 2017 legislative session, the General Assembly enacted S.L. 2017-193 (H161), “Divestment from Companies that Boycott Israel.” This legislation created a new Article 6G of Chapter 147 prohibiting the investment of state funds in or governmental contracting with any company that boycotts or is involved in a boycott […]
Posts Tagged ‘contracts’
Companies that Boycott Israel – New Contracting Limitation But No Action Required Yet!
Thursday, August 17th, 2017Iran Divestment Act Changes – No Certification Required Anymore!
Wednesday, August 16th, 2017In 2015, the General Assembly enacted the Iran Divestment Act (IDA) which prohibits state agencies and local governments from contracting with a company that the NC State Treasurer has determined invests more than $20 million dollars in the Iranian energy sector (for more information on the IDA, see this blog post). The Treasurer is required […]
HB2 Reset Beyond Bathrooms . . . Local Government Contracting Limitations Repealed
Thursday, March 30th, 2017Earlier today the General Assembly passed H142 (S.L. 2017-4), Reset of S.L. 2016 repealing HB2 (S.L. 2016-3), the Public Facilities Privacy and Security Act, which was enacted during a special session held in March 2016. In repealing HB2, H142 enacts a new statute preempting state agency and local governments from regulating access to multiple occupancy […]
Beyond Bathrooms – Special Session Legislation Impacts City and County Contracts
Thursday, March 24th, 2016UPDATE March 2017: See this post for a discussion of the impact of HB2’s repeal on city and county contracting authority. UPDATED April 2016: See Trey Allen’s blog post update for information on a recent 4th Circuit ruling that has bearing on HB2 (Title IX discrimination claim involving a transgender student’s use of bathrooms in […]
IT’S BACK . . . New E-Verify Contracting Requirements
Monday, October 5th, 2015In the waning days of the 2015 legislative session, the General Assembly enacted legislation that once again changes the E-Verify contracting prohibition for state and local government contracts. In some respects HB318 (Protect North Carolina Workers Act) limits the prohibition; in many other respects, however, the prohibition has been expanded. Local governments, school units, […]
Annexation Agreements for Economic Development – Not an Option
Wednesday, September 9th, 2015The City of Promiseland has been in discussions with a developer about a property just outside the city that is perfect for a small business center. The city is willing to extend water and sewer services to the property, and according to the city’s policy, will require the developer to petition for annexation. The property […]
New Design-Build Bridging Construction Method – Design-Build “Lite”
Thursday, February 6th, 2014My last post discussed the new design-build construction method authorized by the General Assembly during the 2013 Session. S.L. 2013-401/H857 created not only a design-build construction contracting process, but also a construction contracting process called design-build bridging. Enacted as G.S. 143-128.1B, design-build bridging might be thought of as design-build “lite,” meaning it is a somewhat […]
New Design-Build Construction Method – No Local Act Required
Wednesday, January 29th, 2014Those familiar with local government construction contracting know the drill – put out an RFQ to hire an architect or engineer to design the project and then bid the construction work. But what if a local government wants to hire both its design professional and its contractor at the beginning of the project to work […]
E-Verify Requirements Apply to Public Contracts – NOW!
Wednesday, September 4th, 2013UPDATE: The General Assembly amended the E-Verify contracting prohibition for cities and counties during the 2014 legislative session. Under Section 13 of S.L. 2014-119, which went into effect on October 1, 2014, the E-Verify contracting prohibition now ONLY applies to purchase and construction or repair contracts in the formal bidding ranges (i.e., those subject to […]
2013 Public Purchasing and Contracting Legislative Update – What’s Hot and What’s Not
Thursday, June 6th, 2013The General Assembly’s crossover deadline has come and gone, so now is a good time to pause and take stock of pending legislation affecting public purchasing and contracting. Bills proposing changes to our state’s public contracting statutes include authorizing design-build and public private partnership construction contracts, authorizing local preferences, and requiring E-Verify by construction contractors. […]
Local Government Commission (LGC) Approval of Contracts, Leases, and Other (Non-Debt) Financing Agreements
Thursday, August 9th, 2012Which of the following proposed transactions requires that the unit first seek approval from the State’s Local Government Commission? 1. The Town of Blowing Rocks borrows $1 million from a local credit union to make repairs to several of its administrative buildings that were damaged in a recent storm. The town grants a security interest […]
Does the Board Have to Approve This?
Thursday, August 18th, 2011A frequently asked question if there ever was one. It would be nice if the statutes that govern local government activities were consistent and clear about what specific decisions or activities require governing board approval. No such luck. But there are a few key pieces of information that can help answer the question. This blog […]
2011 Purchasing and Contracting Legislative Wrap-Up
Friday, July 1st, 2011The North Carolina General Assembly adjourned on June 18, 2011 and will reconvene next month on July 13th. When it reconvenes in July, the legislature will only consider a narrow list of bills, namely redistricting, election laws, legislative appointments to boards and commissions, bills vetoed by the governor, and bills already in conference (Res. 2011-9). So, unless the […]
Rejecting Bids – Who Can and When Can They?
Wednesday, April 13th, 2011Pauline Purchaser has advertised a contract and is pleased by the number of bids she’s received. When she opens the bids, much to her dismay, she discovers that all are way over budget. As Pauline regroups to figure out what went wrong, she realizes there was a flaw in the specifications. She decides to reject […]
Tapping Private Resources for Construction of Public Facilities – Some Legal Limitations Local Government Officials Should Know About
Wednesday, March 31st, 2010Times are tough and money is tight. Public officials and private developers, trying to imagine new and creative ways to finance and construct needed infrastructure, might suggest a new approach: A private developer will front the money to build a new public facility or renovate an existing building for public use. The project might use […]
Binding Future Boards
Wednesday, November 25th, 2009In my last blog I said I would address the question of whether, after members-elect take office, the new board can undo things the “lame duck” board has done. This discussion includes the concept of “binding future boards,” although in many cases the legal issue is really about whether a particular commitment is valid, even […]
Signing Minutes and Ordinances
Friday, October 30th, 2009We occasionally get phone calls from local government officials who are concerned that the mayor – or in the case of a county, the chair of the board of commissioners – has not signed an ordinance or has not signed the minutes of the meeting. In one instance the ordinance had been adopted several years […]
“Approved as to Form”
Wednesday, October 21st, 2009I sometimes get questions about the ubiquitous “approved as to form,” which appears on official documents, signed by the local government attorney. Is this just typical boilerplate, or is it a legal requirement for a contract, ordinance, or other official document? And what exactly does it mean when the attorney approves something as to form?
Before You Start Recycling Your Bid Files, Read This!
Tuesday, October 6th, 2009Your local government has just awarded a contract. Now what are you supposed to do with all of the bids, bid tabulations, paperwork, and email generated by the bidding process? Can you throw any of it away? Do you have to keep any of it, and, if so, for how long?
Buying Without Bidding: Limits on Three Common Exceptions to the Bidding Laws
Tuesday, September 8th, 2009Your county needs to buy 5 new law enforcement vehicles costing $30,000 each, and the sheriff tells you that he prefers a specific make and model with certain options. The sheriff also tells you that he knows that a neighboring county recently bought 10 law enforcement vehicles of the same make and model, with the […]
Are You Certified? Part II: More Information About The New Statewide Uniform HUB Certification Program
Tuesday, August 25th, 2009My post on the Statewide Uniform HUB Certification Program from two weeks ago prompted some follow-up questions through email. I thought it might be helpful to post those questions and my answers to those questions here.
To Bid or Not to Bid? How to Buy Hardware and Software
Tuesday, August 18th, 2009NOTE: This post has been updated to reflect changes enacted by the General Assembly in 2015. Is your local government still using 10-year-old desktop computers? Do you need to buy new anti-spyware software? Or do you need to update your phone system? If the answer to any of these questions is yes, and you decide […]
Are You Certified? The New Statewide Uniform HUB Certification Program
Tuesday, August 11th, 2009On July 1, 2009, a new Statewide Uniform Certification Program for Historically Underutilized Businesses (commonly abbreviated as “HUBs” and formerly referred to as “minority- and women-owned businesses”) went into effect. North Carolina state agencies and local governments may now count only those businesses that are certified as HUBs through the new statewide program to determine […]
Change orders: How much change is too much?
Tuesday, August 4th, 2009As anyone who has been involved in a construction project knows, construction almost always involves unexpected costs. The North Carolina General Statutes give local governments the flexibility to address these costs through change orders. G.S. 143-129(e)(4) says that the bidding laws do not apply to work undertaken “during the progress of” a construction project that […]