§ 115D-58.14. Purchasing flexibility.
§ 115D‑58.14. Purchasing flexibility.
(a) Community collegesmay purchase supplies, equipment, and materials from noncertified sources thatare available under State term contracts, subject to the following conditions:
(1) The purchase price,including the cost of delivery, is less than the cost under the State termcontract;
(2) The cost of thepurchase shall not exceed the bid value benchmark established under G.S. 143‑53.1;and
(3) The items are thesame or substantially similar in quality, service, and performance as itemsavailable under State term contracts.
(a1) Notwithstanding theprovisions of this section, a community college may purchase, in any lawfulmanner, an item that is neither available under State term contracts norsubstantially similar to an item available under State term contracts.
(b) The State Board ofCommunity Colleges and the Department of Administration shall jointly adoptpolicies and procedures for monitoring the implementation of this section,including without limitation (i) definitions of substantial similarity, (ii)the content and frequency of reports and audits of such purchases, and (iii) aprocess for identifying any term contract existing as of October 1, 2009, withrespect to which the exercise of purchasing flexibility could constitute abreach of that contract.
In the formation of each newterm contract entered into after October 1, 2009, the Department ofAdministration shall, in its discretion, either provide in the contract for thepurchasing flexibility set out in this section or make the term contractinapplicable to community colleges.
(c) The State Board ofCommunity Colleges, in consultation with the Department of Administration,shall review the purchasing process for community colleges and may increase ordecrease the purchasing/delegation benchmark for each community college basedon the college's overall capabilities, including staff resources, purchasingcompliance reviews, and audit reports. The State Board may, in its discretion,reduce a community college's purchasing/delegation benchmark at anytime. TheState Board shall not increase a community college's purchasing/delegationbenchmark by more than fifteen percent (15%) in any calendar year without theconcurrence of the Department of Administration within 60 days of submission.The maximum purchasing/delegation benchmark for a community college shall beone hundred thousand dollars ($100,000). (1998‑68, s. 2; 2005‑103, s. 5; 2009‑132,s. 1.)