§ 116-31.11. Powers of Board regarding certain fee negotiations, contracts, and capital improvements.
§ 116‑31.11. Powers ofBoard regarding certain fee negotiations, contracts, and capital improvements.
(a) NotwithstandingG.S. 143‑341(3) and G.S. 143‑135.1, the Board shall, with respectto the design, construction, or renovation of buildings, utilities, and otherproperty developments of The University of North Carolina requiring theestimated expenditure of public money of two million dollars ($2,000,000) orless:
(1) Conduct the feenegotiations for all design contracts and supervise the letting of allconstruction and design contracts.
(2) Develop proceduresgoverning the responsibilities of The University of North Carolina and itsaffiliated and constituent institutions to perform the duties of the Departmentof Administration and the Director or Office of State Construction under G.S.133‑1.1(d) and G.S. 143‑341(3).
(3) Develop proceduresand reasonable limitations governing the use of open‑end designagreements, subject to G.S. 143‑64.34 and the approval of the StateBuilding Commission.
(4) Use existing plansand specifications for construction projects, where feasible. Prior todesigning a project, the Board shall consult with the Department ofAdministration on the availability of existing plans and specifications and thefeasibility of using them for a project.
(b) The Board maydelegate its authority under subsection (a) of this section to a constituent oraffiliated institution if the institution is qualified under guidelines adoptedby the Board and approved by the State Building Commission and the Director ofthe Budget.
(c) The Universityshall use the standard contracts for design and construction currently in usefor State capital improvement projects by the Office of State Construction ofthe Department of Administration.
(d) A contract may notbe divided for the purpose of evading the monetary limit under this section.
(e) Notwithstanding anyother provision of this Chapter, the Department of Administration shall not bethe awarding authority for contracts awarded pursuant to this section.
(f) The Board ofGovernors shall annually report to the State Building Commission the following:
(1) A list of projectsgoverned by this section.
(2) The estimated costof each project along with the actual cost.
(3) The name of eachperson awarded a contract under this section.
(4) Whether the personor business awarded a contract under this section meets the definition of"minority business" or "minority person" as defined in G.S.143‑128.2(g). (1997‑412, s. 1; 2001‑496, s. 8(a); 2005‑300, ss. 1,2; 2006‑217, s. 2.)