Purchasing Manual Procurement Policies and Procedures for NCDOT

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  • Overview

    Purchasing manual, commodities information, material pricing and other resources to assist businesses purchasing project materials through NCDOT

  • Waiver of Competition

    ​UNDER CERTAIN CONDITIONS, AND OTHERWISE IF DEEMED TO BE IN THE PUBLIC INTEREST, COMPETITION MAY BE WAIVED. CONDITIONS PERMITTING WAIVER INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:

    1. CASES WHERE PERFORMANCE OR PRICE COMPETITION IS NOT AVAILABLE.
    2. WHERE A NEEDED PRODUCT OR SERVICE IS AVAILABLE FROM ONLY ONE SOURCE OF SUPPLY.
    3. WHERE EMERGENCY OR PRESSING NEED IS INDICATED.
    4. WHERE COMPETITION HAS BEEN SOLICITED BUT NO SATISFACTORY OFFERS WERE RECEIVED.
    5. WHERE STANDARDIZATION IS THE OVERRIDING CONSIDERATION.
    6. WHERE A DONATION PREDICATES THE SOURCE OF SUPPLY.
    7. WHERE A PERSONAL OR PARTICULAR PROFESSIONAL SERVICES ARE REQUIRED.
    8. WHERE ADDITIONAL PRODUCES OR SERVICES ARE NEEDED TO COMPLETE AN ONGOING JOB OR TASK.
    9. WHERE A PARTICULAR PRODUCT OR SERVICE IS DESIRED FOR EDUCATIONAL, TRAINING, EXPERIMENTAL, DEVELOPMENTAL OR RESEARCH WORK.
    10. WHERE EQUIPMENT IS ALREADY INSTALLED, AND IN SERVICE, AND IT IS DETERMINED ADVANTAGEOUS TO PURCHASE IT.
    11. WHERE ITEMS ARE SUBJECT TO RAPID PRICE FLUCTUATION OR IMMEDIATE ACCEPTANCE.
    12. WHERE THERE IS EVIDENCE OF RESALE PRICE MAINTENANCE OR OTHER CONTROL OF PRICES, LAWFUL OR UNLAWFUL, OR COLLUSION ON THE PART OF COMPANIES WHICH THWARTS NORMAL COMPETITIVE PROCEDURES.
    13. WHERE THE AMOUNT OF THE PURCHASE IS TOO SMALL TO JUSTIFY SOLICITING COMPETITION OR WHERE A PURCHASE IS BEING MADE AND A SATISFACTORY PRICE IS AVAILABLE FROM A PREVIOUS CONTRACT.
    14. WHERE THE REQUIREMENT IS FOR AN AUTHORIZED COOPERATIVE PROJECT WITH ANOTHER GOVERNMENTAL UNIT (S) OR A CHARITABLE NON-PROFIT ORGANIZATION (S).
    15. WHERE A USED ITEM (S) IS AVAILABLE ON SHORT NOTICE AND SUBJECT TO PRIOR SALE.

    IN ACCORDANCE WITH A LAW ENACTED IN 1999, G. S. 143-53 (a) (5), ANY WAIVER OF COMPETITION FOR THE PURCHASE, RENTAL, OR LEASE OF EQUIPMENT, MATERIALS, SUPPLIES, OR SERVICES MUST BE SENT TO PURCHASE AND CONTRACT FOR PRIOR REVIEW, IF THE EXPENDITURE EXCEEDS $10,000.00, REGARDLESS OF OUR DELEGATION AMOUNT.

    01 NCAC 05B.1402 - APPROVAL AND DOCUMENTATION:  ALTHOUGH COMPETITION MAY BE WAIVED PURSUANT TO RULE .1401 OF THIS SECTION, ITS USE IS REQUIRED WHEREVER PRACTICABLE.  WHERE WAIVER IS COMTEMPLATED, AGENCIES MAY NEGOTIATE WITH A POTENTIAL VENDOR(s) IN AN EFFORT TO ACQUIRE THE QUALITY OF COMMODITY, SERVICE, OR PRINTING NEEDED AT THE BEST POSSIBLE PRICE, DELIVERY, TERMS AND CONDITIONS, WHEN THE EXPENDITURE IS LESS THAN THEIR RESPECTIVE BENCHMARK OR DELEGATION.  A SOLICITATION DOCUMENT REQUESTING OR INVITING AN OFFER(S) SHALL BE ISSUED BY THE AGENCY, INCLUDING STANDARD LANGUAGE, TERMS AND CONDITITIONS ISSUED BY THE DIVISION OF PURCHASE & CONTRACT.  UNDER AN EMERGENCY OR PRESSING NEED SITUATION, A SOLICITATION DOCUMENT REQUESTING OR INVITING AN OFFER(S) SHALL BE ISSUED BY THE AGENCY, INCLUDING STANDARD LANGUAGE, TERMS AND CONDITIONS ISSUED BY THE DIVISION, UNLESS CIRCUMSTANCES PROHIBIT THEIR USE.  NEGOTIATIONS MAY ALSO BE CONDUCTED WITH A POTENTIAL VENDOR(S) FOR CONTRACTS EXCEEDING AN AGENCY'S BENCHMARK OR DELEGATION, BUT ARE SUBJECT TO THE CONDITIONS OF RULE .1518 OF THIS SUBCHAPTER, EXCEPT WHERE OTHERWISE PERMITTED BY RULE. 

  • Waiver of Competition

    ​UNDER CERTAIN CONDITIONS, AND OTHERWISE IF DEEMED TO BE IN THE PUBLIC INTEREST, COMPETITION MAY BE WAIVED. CONDITIONS PERMITTING WAIVER INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:

    1. CASES WHERE PERFORMANCE OR PRICE COMPETITION IS NOT AVAILABLE.
    2. WHERE A NEEDED PRODUCT OR SERVICE IS AVAILABLE FROM ONLY ONE SOURCE OF SUPPLY.
    3. WHERE EMERGENCY OR PRESSING NEED IS INDICATED.
    4. WHERE COMPETITION HAS BEEN SOLICITED BUT NO SATISFACTORY OFFERS WERE RECEIVED.
    5. WHERE STANDARDIZATION IS THE OVERRIDING CONSIDERATION.
    6. WHERE A DONATION PREDICATES THE SOURCE OF SUPPLY.
    7. WHERE A PERSONAL OR PARTICULAR PROFESSIONAL SERVICES ARE REQUIRED.
    8. WHERE ADDITIONAL PRODUCES OR SERVICES ARE NEEDED TO COMPLETE AN ONGOING JOB OR TASK.
    9. WHERE A PARTICULAR PRODUCT OR SERVICE IS DESIRED FOR EDUCATIONAL, TRAINING, EXPERIMENTAL, DEVELOPMENTAL OR RESEARCH WORK.
    10. WHERE EQUIPMENT IS ALREADY INSTALLED, AND IN SERVICE, AND IT IS DETERMINED ADVANTAGEOUS TO PURCHASE IT.
    11. WHERE ITEMS ARE SUBJECT TO RAPID PRICE FLUCTUATION OR IMMEDIATE ACCEPTANCE.
    12. WHERE THERE IS EVIDENCE OF RESALE PRICE MAINTENANCE OR OTHER CONTROL OF PRICES, LAWFUL OR UNLAWFUL, OR COLLUSION ON THE PART OF COMPANIES WHICH THWARTS NORMAL COMPETITIVE PROCEDURES.
    13. WHERE THE AMOUNT OF THE PURCHASE IS TOO SMALL TO JUSTIFY SOLICITING COMPETITION OR WHERE A PURCHASE IS BEING MADE AND A SATISFACTORY PRICE IS AVAILABLE FROM A PREVIOUS CONTRACT.
    14. WHERE THE REQUIREMENT IS FOR AN AUTHORIZED COOPERATIVE PROJECT WITH ANOTHER GOVERNMENTAL UNIT (S) OR A CHARITABLE NON-PROFIT ORGANIZATION (S).
    15. WHERE A USED ITEM (S) IS AVAILABLE ON SHORT NOTICE AND SUBJECT TO PRIOR SALE.

    IN ACCORDANCE WITH A LAW ENACTED IN 1999, G. S. 143-53 (a) (5), ANY WAIVER OF COMPETITION FOR THE PURCHASE, RENTAL, OR LEASE OF EQUIPMENT, MATERIALS, SUPPLIES, OR SERVICES MUST BE SENT TO PURCHASE AND CONTRACT FOR PRIOR REVIEW, IF THE EXPENDITURE EXCEEDS $10,000.00, REGARDLESS OF OUR DELEGATION AMOUNT.

    01 NCAC 05B.1402 - APPROVAL AND DOCUMENTATION:  ALTHOUGH COMPETITION MAY BE WAIVED PURSUANT TO RULE .1401 OF THIS SECTION, ITS USE IS REQUIRED WHEREVER PRACTICABLE.  WHERE WAIVER IS COMTEMPLATED, AGENCIES MAY NEGOTIATE WITH A POTENTIAL VENDOR(s) IN AN EFFORT TO ACQUIRE THE QUALITY OF COMMODITY, SERVICE, OR PRINTING NEEDED AT THE BEST POSSIBLE PRICE, DELIVERY, TERMS AND CONDITIONS, WHEN THE EXPENDITURE IS LESS THAN THEIR RESPECTIVE BENCHMARK OR DELEGATION.  A SOLICITATION DOCUMENT REQUESTING OR INVITING AN OFFER(S) SHALL BE ISSUED BY THE AGENCY, INCLUDING STANDARD LANGUAGE, TERMS AND CONDITITIONS ISSUED BY THE DIVISION OF PURCHASE & CONTRACT.  UNDER AN EMERGENCY OR PRESSING NEED SITUATION, A SOLICITATION DOCUMENT REQUESTING OR INVITING AN OFFER(S) SHALL BE ISSUED BY THE AGENCY, INCLUDING STANDARD LANGUAGE, TERMS AND CONDITIONS ISSUED BY THE DIVISION, UNLESS CIRCUMSTANCES PROHIBIT THEIR USE.  NEGOTIATIONS MAY ALSO BE CONDUCTED WITH A POTENTIAL VENDOR(S) FOR CONTRACTS EXCEEDING AN AGENCY'S BENCHMARK OR DELEGATION, BUT ARE SUBJECT TO THE CONDITIONS OF RULE .1518 OF THIS SUBCHAPTER, EXCEPT WHERE OTHERWISE PERMITTED BY RULE. 

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