§ 136-28.1. Letting of contracts to bidders after advertisement; exceptions.
§ 136‑28.1. Letting ofcontracts to bidders after advertisement; exceptions.
(a) All contracts overone million two hundred thousand dollars ($1,200,000) that the Department ofTransportation may let for construction, maintenance, operations, or repair necessaryto carry out the provisions of this Chapter shall be let to a responsiblebidder after public advertising under rules and regulations to be made andpublished by the Department of Transportation. The right to reject any and allbids shall be reserved to the Board of Transportation. Contracts forconstruction or repair for federal aid projects entered into pursuant to thissection shall not contain the standardized contract clauses prescribed by 23U.S.C. § 112(e) and 23 C.F.R. § 635.109 for differing site conditions,suspensions of work ordered by the engineer or significant changes in thecharacter of the work. For those federal aid projects, the Department ofTransportation shall use only the contract provisions for differing siteconditions, suspensions of work ordered by the engineer, or significant changesin the character of the work developed by the North Carolina Department ofTransportation and approved by the Board of Transportation.
(b) For contracts letto carry out the provisions of this Chapter in which the amount of work to belet to contract for transportation infrastructure construction or repair is onemillion two hundred thousand dollars ($1,200,000) or less, and fortransportation infrastructure maintenance, excluding resurfacing, that is onemillion two hundred thousand dollars ($1,200,000) per year or less, at leastthree informal bids shall be solicited. The term "informal bids" isdefined as bids in writing, received pursuant to a written request, withoutpublic advertising. All such contracts shall be awarded to the lowestresponsible bidder. The Secretary of Transportation shall keep a record of allbids submitted, which record shall be subject to public inspection at any timeafter the bids are opened.
(c) The construction,maintenance, and repair of ferryboats and all other marine floating equipmentand the construction and repair of all types of docks by the Department ofTransportation shall be deemed highway construction, maintenance, or repair forthe purpose of G.S. 136‑28.1 and Chapter 44A and Chapter 143C of theGeneral Statutes, the State Budget Act. In cases of a written determination bythe Secretary of Transportation that the requirement for compatibility does notmake public advertising feasible for the repair of ferryboats, the publicadvertising as well as the soliciting of informal bids may be waived.
(d) The construction,maintenance, and repair of the highway rest area buildings and facilities,weight stations and the Department of Transportation's participation in theconstruction of welcome center buildings shall be deemed highway construction,maintenance, or repair for the purpose of G.S. 136‑28.1 and 136‑28.3and Chapter 143C of the General Statutes, the State Budget Act.
(e) The Department ofTransportation may enter into contracts for construction, maintenance, orrepair without complying with the bidding requirements of this section upon adetermination of the Secretary of Transportation or the Secretary's designeethat an emergency exists and that it is not feasible or not in the publicinterest for the Department of Transportation to comply with the biddingrequirements.
(f) Notwithstandingany other provision of law, the Department of Transportation may solicitproposals under rules and regulations adopted by the Department ofTransportation for all contracts for professional engineering services andother kinds of professional or specialized services necessary in connectionwith the planning, design, maintenance, repair, and construction oftransportation infrastructure. In order to promote engineering and designquality and ensure maximum competition by professional firms of all sizes, theDepartment may establish fiscal guidelines and limitations necessary to promotecost‑efficiencies in overhead, salary, and expense reimbursement rates.The right to reject any and all proposals is reserved to the Board ofTransportation.
(g) The Department ofTransportation may enter into contracts for research and development witheducational institutions and nonprofit organizations without soliciting bids orproposals.
(h) The Department ofTransportation may enter into contracts for applied research and experimentalwork without soliciting bids or proposals; provided, however, that if theresearch or work is for the purpose of testing equipment, materials, orsupplies, the provisions of Article 3 of Chapter 143 of the General Statutesshall apply. The Department of Transportation is encouraged to solicitproposals when contracts are entered into with private firms when it is in thepublic interest to do so.
(i) The Department ofTransportation may negotiate and enter into contracts with public utilitycompanies for the lease, purchase, installation, and maintenance of generatorsfor electricity for its ferry repair facilities.
(j) Repealed bySession Laws 2002‑151, s. 1, effective October 9, 2002.
(k) The Department ofTransportation may accept bids under this section by electronic means and mayissue rules governing the acceptance of these bids. For purposes of this subsection"electronic means" is defined as means relating to technology havingelectrical, digital, magnetic, wireless, optical, electromagnetic, or similarcapabilities.
(l) The Department ofTransportation may enter into as many as two pilot contracts for public privateparticipation in providing litter removal from State right‑of‑way.Selection of firms to perform this work shall be made using a best valueprocurement process and shall be without regard to other provisions of lawregarding the Adopt‑A‑Highway Program administered by theDepartment. Acknowledgement of sponsors may be indicated by appropriate signsthat shall be owned by the Department of Transportation. The size, style,specifications, and content of the signs shall be determined in the sole discretionof the Department of Transportation. The Department of Transportation may issuerules and policies necessary to implement this section.
(m) The Department ofTransportation may enter into as many as two pilot contracts for public‑privateparticipation in providing real‑time traveler information at State‑ownedrest areas. Selection of firms to perform this work shall be made using a bestvalue procurement process. Recognition of sponsors in the program may beindicated by appropriate acknowledgment for any services provided. The size,style, specifications, and content of the acknowledgment shall be determined inthe sole discretion of the Department. Revenues generated pursuant to acontract initiated under this subsection shall be shared with Department ofTransportation at a predetermined percentage or rate, and shall be earmarked bythe Department to maintain the State owned rest areas from which the revenuesare generated. The Department of Transportation may issue guidelines, rules,and policies necessary to administer a pilot program initiated under thissubsection. (1971,c. 972, s. 1; 1973, c. 507, ss. 5, 16; c. 1194, ss. 4, 5; 1977, c. 464, ss.7.1, 16; 1979, c. 174; 1981, c. 200, ss. 1, 2; c. 859, s. 68; 1985, c. 122, s.2; 1985 (Reg. Sess., 1986), c. 955, s. 46; c. 1018, s. 2; 1987, c. 400; 1989,c. 78; c. 749, ss. 2, 3; 1995, c. 167, s. 1; 1997‑196, s. 1; 1999‑25,ss. 2, 3; 2001‑424, ss. 27.9(a), 27.9(b); 2002‑151, s. 1; 2006‑68,s. 1; 2006‑203, s. 75; 2007‑439, ss. 3, 4; 2009‑266, s. 1;2009‑475, s. 12.)