Posts Tagged ‘bids’

School of Government COVID-19 Procurement Resources – We’re Here to Help!

Thursday, April 16th, 2020

As the fight against the coronavirus wages on, local government purchasing officers, clerks, department heads, and others who handle procurements are scouring every vendor and supplier they can think of to find everything from surgical masks and gloves to rental equipment to sanitizing and cleaning supplies to telework devices, and yes, even the ever-elusive toilet […]

Companies that Boycott Israel – New Contracting Limitation But No Action Required Yet!

Thursday, August 17th, 2017

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 […]

HB2 Reset Beyond Bathrooms . . . Local Government Contracting Limitations Repealed

Thursday, March 30th, 2017

Earlier 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 […]

IT’S BACK . . . New E-Verify Contracting Requirements

Monday, October 5th, 2015

  In 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, […]

New Construction Contractor Prequalification Requirements

Tuesday, July 29th, 2014

Since 1995, local governments have had express statutory authorization to prequalify bidders for public construction contracts under G.S. 143-135.8. If you look to this statute for guidance on the criteria or process to be used for prequalifying bidders, you will find the following: “Bidders may be prequalified for any public construction project.” That’s it? That’s […]

2013 Public Purchasing and Contracting Legislative Update – What’s Hot and What’s Not

Thursday, June 6th, 2013

The 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. […]

Rejecting Bids – Who Can and When Can They?

Wednesday, April 13th, 2011

Pauline 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 […]

Signed, Sealed, Delivered: When Sealed Bids Are Required

Wednesday, February 23rd, 2011

Your school system is bidding out a $1.2 million school construction project. Because the total cost of the project will exceed the formal bidding threshold for construction and repair ($500,000), you’ve advertised for formal bids. The bids are due tomorrow at 2 p.m. Right before you leave the office for the day, your phone rings. […]

Counting the Days

Wednesday, February 9th, 2011

Paul Purchaser is putting the final touches on his first Invitation for Bids (IFB) for Carolina City, and he’s trying to figure out when he has to place the advertisement for the IFB in the newspaper. He knows the formal bidding statute says something about 7 days between the advertisement and the bid opening, but […]

Local Preferences in Public Contracting, Part 6

Wednesday, December 8th, 2010

This is the final post in a series on local preference policies.  (Earlier posts can be found here, here, here, here, and here.)  Once again, we find ourselves listening in on the Emerald City Council meeting where the Council is discussing local preference policies.  The Council has just heard from Mr. Green Apple, a representative […]

Local Preferences in Public Contracting, Part 5

Wednesday, November 24th, 2010

This is the fifth installment in a series of posts discussing the efforts of the City Council of Emerald City, North Carolina, to support its local businesses by adopting a local preference policy.  (You can find the earlier installments here, here, here, and here.)  In the last post, City Attorney Tin Man explained the constitutional […]

Local Preferences in Public Contracting, Part 4

Wednesday, November 10th, 2010

This is the fourth installment of a series of posts discussing the efforts of the City Council of Emerald City, North Carolina, to support its local businesses by adopting a local preference policy.  (You can find the earlier installments here, here, and here.)  In the last post, City Attorney Tin Man gave the City Council […]

Local Preferences in Public Contracting, Part 3

Wednesday, October 20th, 2010

In my last two posts (here and here), I’ve discussed the efforts of the City Council of Emerald City, North Carolina, to support its local businesses by adopting a local preference policy.  Purchasing Officer Scarecrow has just finished reviewing the Council’s goals for the policy: reducing local unemployment, supporting local businesses, increasing Emerald City’s tax […]

Local Preferences in Public Contracting, Part 2

Wednesday, October 6th, 2010

In my last post, I talked about the efforts of the City Council of Emerald City, North Carolina, to support its local businesses by adopting a local preference policy. We now rejoin our friends in Emerald City, where the City Council has asked Purchasing Officer Scarecrow to research what goals a preference policy might achieve. […]

Local Preferences in Public Contracting, Part 1

Wednesday, September 22nd, 2010

Hard times have come to Emerald City, North Carolina.  People are out of work, no one is buying or building anything, and it doesn’t look like things will get better anytime soon.  The Emerald City Council has decided that they need to take action to help out their local businesses, so they decide to pass […]

The ABCs of IFBs, ITBs, RFPs, RFQs, and RFIs

Wednesday, September 1st, 2010

What’s the difference between an IFB, and RFP, and an RFQ, and what are they anyway?  As I’ll explain in more detail in this post, what name you give a solicitation document—the document you use to solicit bids or proposals—is not as important as the process you use to award the contract.  And the North […]

2010 Local Government Purchasing and Contracting Legislative Update

Wednesday, August 18th, 2010

[Updated 8/26/2010 to include link to list of approved computer equipment manufacturers and television manufacturers.] This wasn’t a big year for changes to local government purchasing and contracting in North Carolina, although there were significant changes affecting North Carolina state agency purchasing and contracting.  Since this blog focuses on local governments, this post highlights those […]

Conflicts of Interest and Subcontractors

Wednesday, August 4th, 2010

One of your city council members, Georgia Peach, is a plumber, and owns her own plumbing business, Peaches & Plumbs, LLP.  Peaches & Plumbs often subcontracts with one of the bigger and more reputable general contractors in town, Constructive Construction, Inc.  Your city is getting ready to renovate the town hall, and, as it turns […]

All For One and One For All: Competitive Bidding Group Purchasing Programs

Wednesday, July 21st, 2010

Have you heard of U.S. Communities?  What about National IPA?  Or HGAC?  WSCA?  TCPN?  NJPA? This alphabet soup of organizations (and others like them) can provide North Carolina local governments with purchasing flexibility and efficiency through an exception to the bidding statutes for “competitive bidding group purchasing programs.”  This exception, found in G.S. 143-129(e)(3), was […]

Good Faith Efforts? Prove It!

Wednesday, July 7th, 2010

Your local government has just received single-prime bids on the construction of a new civic center.  After evaluating the bids you’ve received, you determine that Crafty Contractor Construction Company (“Crafty”) is the apparent lowest responsive, responsible bidder.  Crafty identified four historically underutilized businesses (HUBs, that is, minority and women-owned businesses) that it will use on […]

Brand-specific specifications

Wednesday, May 19th, 2010

Your public works department is planning to construct a new waste water collection system, and, in a meeting with your engineer, you learn that a piece of equipment she plans to include in the bid specifications is a proprietary piece of equipment manufactured by only one company, No-Stink, Inc.  She tells you that this particular […]

Executive Order 50 and Local Governments

Wednesday, April 21st, 2010

Many of you are aware that Governor Bev Purdue recently signed an executive order to give North Carolina businesses the opportunity to match the lowest bid when bidding on state contracts for the purchase of goods. You can find Executive Order 50 here. This post addresses the questions that I’ve received about this Order.

Bidding Confidential

Thursday, April 8th, 2010

Your local government has just awarded a contract for digital imaging software to Super Secret Software, Inc., after considering several proposals submitted in response to your request for proposals. Sour Grapes Software, LLC, one of the vendors who submitted a proposal but was not awarded the contract, calls to ask you for a copy of […]

Low Bidder Limbo: When the Low Bid Is Too Low

Tuesday, November 10th, 2009

You’ve just received bids on a construction project estimated (by your engineer) to cost about $2 million.  The lowest bid is for $1.5 million, and the next highest bid is $1.9 million, with the other bids ranging from $2.1 million to $2.3 million.  After reviewing the bids, you think the lowest bidder must have made […]

Federal Grants and Codes of Conduct

Wednesday, November 4th, 2009

As I mentioned in my post last week, the Grants Management Common Rule (which applies to all federal grants) requires entities that receive federal grants to establish a “code of conduct.”  This post will address what the Rule says about what the code of conduct must include.

Protests and ARRA and Bears, Oh My!

Tuesday, October 27th, 2009

Now that local governments are digging in to the requirements that apply to American Recovery and Reinvestment Act grants, I’ve started to get questions about developing bid protest procedures.  Are these procedures required?  If so, what should the procedures look like?  And where can I find a sample bid protest procedure?

Prequalification: Good, bad, or indifferent?

Tuesday, October 20th, 2009

Your local government is planning a major construction project, and the engineering firm working with you on the project has strongly recommended prequalifying contractors before bidding.  The engineer tells you that this will ensure that the bids you receive are only from serious, qualified bidders, making the bidding process more efficient.  This sounds appealing to […]

Contracting Without a License? Beware.

Tuesday, October 13th, 2009

You’ve just received bids on a construction project costing $50,000, and discovered that the lowest bidder is not a licensed general contractor.  When you bring this to the bidder’s attention, she tells you that she will be licensed by the time the project is scheduled to start.  Can you accept her bid?

Before You Start Recycling Your Bid Files, Read This!

Tuesday, October 6th, 2009

Your 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?

To Bid or Not to Bid? How to Buy Hardware and Software

Tuesday, August 18th, 2009

NOTE:  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 […]