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CHAPTER 587 Session Laws—1971 unlawful for them, or any of them, to purchase any supplies, materials or equipment from other sources than those certified by the Director of Administration. One copy of such requisition or order shall be furnished to and when requested by the Director of Administration. "§ 143-56. Certain purchases excepted from provisions ofarticle.—Except as may otherwise be ordered by the Director of Administration, with the approval of the Advisory Budget Commission, the purchase of supplies, materials and equipment through the Director of Administration shall not be mandatory in the following cases: (1) Published books, manuscripts, maps, pamphlets and periodicals. (2) Perishable articles such as fresh vegetables, fresh fish, fresh meat, eggs, and others as may be classified by the Director of Administration with the approval of the Advisory Budget Commission. All purchases of the above articles made directly by the departments, institutions and agencies of the State government shall, wherever possible, be based on competitive bids. Whenever an order is placed or contract awarded for such articles by any of the departments, institutions and agencies of the State government, a copy of such order or contract shall be forwarded to the Director of Administration and a record of the competitive bids upon which it was based shall be retained for inspection and review. "§ 143-57. Purchases ofarticles in certain emergencies.—In case of any emergency or pressing need arising from unforeseen causes including but not limited to delay by contractors, delay in transportation, breakdown in machinery, or unanticipated volume of work, the Director of Administration shall have power to obtain or authorize obtaining in the open market any necessary supplies, materials, equipment, printing or services for immediate delivery to any department, institution or agency of the State government. A report on the circumstances of such emergency or need and the transactions thereunder shall be made a matter of record promptly thereafter. "§ 143-58. Contracts contrary to provisions of article made void.—If any department, institution or agency of the State government, required by this article and the rules and regulations adopted pursuant thereto applying to the purchase or lease of supplies, materials, equipment, printing or services through the Director of Administration, or any non-state institution, agency or instrumentality duly authorized or required to make purchases through the Department of Administration, shall contract for the purchase or lease of such supplies, materials, or equipment contrary to the provisions of this article or the rules and regulations made hereunder, such contract shall be void and of no effect. If any such State or non-state department, institution, agency or instrumentality purchases any supplies, materials, or equipment contrary to the provisions of this article or the rules and regulations made hereunder, the executive officer of such department, institution, agency or instrumentality shall be personally liable for the costs thereof. "§ 143-59. Preference given to North Carolina products and citizens, and articles manufactured by State agencies.—The Director of Administration and any State agency authorized to purchase foodstuff or other products, shall in the purchase of or in the contracting for foods, supplies, materials, equipment, printing or services give preference as far as may be practicable to such products or services manufactured or produced in North Carolina or furnished by or through citizens of North Carolina: Provided, however, that in giving such preference no sacrifice or loss in price or quality shall be permitted: and Provided further, that preference in all cases shall be 514
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Title | Page 560 |
Full Text | CHAPTER 587 Session Laws—1971 unlawful for them, or any of them, to purchase any supplies, materials or equipment from other sources than those certified by the Director of Administration. One copy of such requisition or order shall be furnished to and when requested by the Director of Administration. "§ 143-56. Certain purchases excepted from provisions ofarticle.—Except as may otherwise be ordered by the Director of Administration, with the approval of the Advisory Budget Commission, the purchase of supplies, materials and equipment through the Director of Administration shall not be mandatory in the following cases: (1) Published books, manuscripts, maps, pamphlets and periodicals. (2) Perishable articles such as fresh vegetables, fresh fish, fresh meat, eggs, and others as may be classified by the Director of Administration with the approval of the Advisory Budget Commission. All purchases of the above articles made directly by the departments, institutions and agencies of the State government shall, wherever possible, be based on competitive bids. Whenever an order is placed or contract awarded for such articles by any of the departments, institutions and agencies of the State government, a copy of such order or contract shall be forwarded to the Director of Administration and a record of the competitive bids upon which it was based shall be retained for inspection and review. "§ 143-57. Purchases ofarticles in certain emergencies.—In case of any emergency or pressing need arising from unforeseen causes including but not limited to delay by contractors, delay in transportation, breakdown in machinery, or unanticipated volume of work, the Director of Administration shall have power to obtain or authorize obtaining in the open market any necessary supplies, materials, equipment, printing or services for immediate delivery to any department, institution or agency of the State government. A report on the circumstances of such emergency or need and the transactions thereunder shall be made a matter of record promptly thereafter. "§ 143-58. Contracts contrary to provisions of article made void.—If any department, institution or agency of the State government, required by this article and the rules and regulations adopted pursuant thereto applying to the purchase or lease of supplies, materials, equipment, printing or services through the Director of Administration, or any non-state institution, agency or instrumentality duly authorized or required to make purchases through the Department of Administration, shall contract for the purchase or lease of such supplies, materials, or equipment contrary to the provisions of this article or the rules and regulations made hereunder, such contract shall be void and of no effect. If any such State or non-state department, institution, agency or instrumentality purchases any supplies, materials, or equipment contrary to the provisions of this article or the rules and regulations made hereunder, the executive officer of such department, institution, agency or instrumentality shall be personally liable for the costs thereof. "§ 143-59. Preference given to North Carolina products and citizens, and articles manufactured by State agencies.—The Director of Administration and any State agency authorized to purchase foodstuff or other products, shall in the purchase of or in the contracting for foods, supplies, materials, equipment, printing or services give preference as far as may be practicable to such products or services manufactured or produced in North Carolina or furnished by or through citizens of North Carolina: Provided, however, that in giving such preference no sacrifice or loss in price or quality shall be permitted: and Provided further, that preference in all cases shall be 514 |