SECTION .0300 – PROCUREMENT AUTHORIZATION AND PROCEDURES
09 NCAC 06B .0301 PROCUREMENT PROCEDURES
All technology purchases involving the expenditure of public funds by agencies or ITS shall be in conformity with the "Best
Value" information technology procurement requirements in G.S. 143-135.9 and Rule .0308 of this Section. Exemptions may
be granted by ITS where a waiver, special delegation, exemption or an emergency purchase is permitted by rule. Information
technology procurements not covered by statewide firm, convenience or service contracts issued by ITS shall comply with the
following delegations and procedures:
(1) Small Purchases: A small purchase is defined as the purchase of goods and services, where the expenditure
of public funds is five thousand dollars ($5,000) or less. The executive officer of each agency or ITS, or
his designee, shall set forth in writing purchasing procedures for making small purchases. The using
agency or ITS shall award contracts for small purchases.
(2) Purchases Governed by General Delegation or Statute:
(a) For purchases made by an agency or ITS involving an expenditure of public funds over five
thousand dollars ($5,000) or less up to the general delegation limit established by the CIO, the
agencies or ITS shall use the following methodologies to encourage competition:
(i) The agency or ITS shall issue solicitation documents requesting or inviting offers;
(ii) The agency or ITS shall include in solicitation documents standard language, including
terms and conditions as published by ITS on its IT procurement website. If additional
terms and conditions are used, they shall not conflict with ITS' standard terms and
conditions unless prior written approval is obtained from ITS for unusual requirements;
(iii) The agency may request distribution lists, if available from ITS, and use them in
addition to distribution lists maintained by the agency for the purpose of soliciting
(b) Agencies shall advertise their solicitations through ITS for purchases exceeding ten thousand
dollars ($10,000) up to the general delegation established by the CIO. Agencies may advertise
smaller dollar purchases through ITS.
(c) The agencies may award contracts under their general delegation.
(3) Procurement Procedure: Where the total requirements for goods or services involve an expenditure of
public funds that exceed the general delegation established by the CIO, offers in conformity with G.S. 143-
135.9 shall be solicited as follows:
(a) Competitive offers for goods, excluding services, shall be solicited by ITS via advertisement,
unless the advertising requirement is waived by the CIO or his designee subject to the provisions
of Rule .0314 of this Section. This shall include offers for statewide term or convenience
(b) For service contracts exceeding twenty-five thousand dollars ($25,000), an agency or ITS shall
solicit offers in accordance with the rules established for Sub-items (2)(a) and (2)(b) of this Rule.
For agency solicitations, ITS shall engage in a review and approval process to ensure that
proposed and actual acquisitions are advantageous to the state. Agencies shall submit drafts of
acquisition documents to ITS for approval prior to proceeding with the acquisition process. After
completing the evaluation of offers received, the agency shall prepare a written recommendation
for award, and if over the general delegation established by the CIO, shall submit a copy of all
offers received and their award recommendation or other action to ITS for approval or other
action deemed necessary by the CIO or his designee (Examples: cancellation, negotiation, etc.).
ITS shall send a notice of the ITS decision to the agency. The agency shall then award contracts
for services. The contract shall not be for more than three years including extensions and
renewals, without the prior approval of the CIO or his designee based on a determination that it is
advantageous to the state.
(4) Notwithstanding any waiver, general delegation, or exemption rules; all telecommunications goods and
services shall be procured by ITS.
History Note: Authority G.S. 143-135.9; 147-33.91; 147-33.0101; 147-33.103(b);
Temporary Adoption Eff. January 1, 2000;
Eff. August 1, 2000.