ATTACHMENT 1

 

North Carolina General Statute 143-129(g):

 

(g)    When the governing board of any municipality, county, or other subdivision of the

State, or the manager or purchasing official delegated authority under subsection (a) of this section, determines that it is in the best interest of the unit, the requirements of this section may be waived for the purchase of apparatus, supplies, materials, or equipment from any person or entity that has, within the previous 12 months, after having completed a public, formal bid process substantially similar to that required by this Article, contracted to furnish the apparatus, supplies, materials, or equipment to:

 

(1)  The United State of America or any federal agency:

 

(2)     The State of North Carolina or any agency or political subdivision of the State: or

 

(3) Any other state or any agency or political subdivision of that state, if the person or entity is willing to furnish the items at the same or more favorable prices, terms, and conditions as those provided under the contract with the other unit or agency.  Notwithstanding any other provision of this section, any purchase made under this subsection shall be approved by the governing body of the purchasing municipality, county or other political subdivision of the State at a regularly scheduled meeting of the governing body no fewer than 10 days after publication of notice, in a newspaper of general circulation in the area served by the governing body, that a waiver of the bid procedure will be considered in order to contract with a qualified supplier pursuant to this section.  Rules issued by the Secretary of Administration pursuant to G.S. 49(6) shall apply with respect to participation in State term contracts.