§ 143-64.31. Declaration of public policy.
Article 3D.
Procurement ofArchitectural, Engineering, and Surveying Services.
§ 143‑64.31. Declaration of public policy.
(a) It is the publicpolicy of this State and all public subdivisions and Local Governmental Unitsthereof, except in cases of special emergency involving the health and safetyof the people or their property, to announce all requirements forarchitectural, engineering, surveying and construction management at riskservices, to select firms qualified to provide such services on the basis ofdemonstrated competence and qualification for the type of professional servicesrequired without regard to fee other than unit price information at this stage,and thereafter to negotiate a contract for those services at a fair andreasonable fee with the best qualified firm. If a contract cannot be negotiatedwith the best qualified firm, negotiations with that firm shall be terminatedand initiated with the next best qualified firm. Selection of a firm under thisArticle shall include the use of good faith efforts by the public entity tonotify minority firms of the opportunity to submit qualifications forconsideration by the public entity.
(a1) A resident firmproviding architectural, engineering, surveying, or construction management atrisk services shall be granted a preference over a nonresident firm, in thesame manner, on the same basis, and to the extent that a preference is grantedin awarding contracts for these services by the other state to its residentfirms over firms resident in the State of North Carolina. For purposes of thissection, a resident firm is a firm that has paid unemployment taxes or incometaxes in North Carolina and whose principal place of business is located inthis State.
(b) Public entitiesthat contract with a construction manager at risk under this section shallreport to the Secretary of Administration the following information on allprojects where a construction manager at risk is utilized:
(1) A detailedexplanation of the reason why the particular construction manager at risk wasselected.
(2) The terms of thecontract with the construction manager at risk.
(3) A list of all otherfirms considered but not selected as the construction manager at risk and theamount of their proposed fees for services.
(4) A report on the formof bidding utilized by the construction manager at risk on the project.
The Secretary ofAdministration shall adopt rules to implement the provisions of this subsectionincluding the format and frequency of reporting. (1987, c. 102, s. 1; 1989, c.230, s. 2; 2001‑496, s. 1; 2006‑210, s. 1.)