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Contract Procedure


ItemDescription
Policy TitleContract Procedure
Policy CategoryContracts and Grant (CNTR)
Policy IDCNTR-002
Policy Date2016-12-01

The following minimum procedures apply to all contracts entered into by the State Board of Education.  The Superintendent, in exercising the duties regarding contracts delegated by the State Board pursuant to the State Board’s Delegation of Authority from the State Board of Education to the Superintendent of Public Instruction policy, shall ensure compliance with this policy and all applicable North Carolina and federal laws.  For purposes of this policy, the term “contract” means all written agreements that must be processed through the Department of Public Instruction Purchasing and Contracts Section, including but not limited to UNC Task Orders; contracts subject to the requirements of Article 3 of Chapter 143 and Article 15 of Chapter 143B of the General Statutes; and all amendments thereto.  The term “contract” does not include memorandums of agreement, data sharing agreements, grants, or similar documents.

 General Requirements: 

  1. All contracts must comply with all applicable State procurement laws, rules, and regulations, including those set forth in Article 3 of G.S. Chapter 143, Article 15 of G.S. Chapter 143B, and the North Carolina Administrative Code.
  2. All requests for any type of contract must be preceded by an Intent to Contract approval form with proper signatures indicating internal approval and availability of funds.
  3. No contract, regardless of amount, shall be entered into for more than three (3) years without prior approval from the Department of Administration Division of Purchase and Contract or Department of Information Technology, where such approval is required. 
  4. All contracts must have beginning and ending dates.
  5. All contracts must include a not-to-exceed clause limiting the maximum expenditure for the term of the contract.
  6. Where required by law, policy, or regulation and otherwise to the extent practicable, all contracts must be competitively bid.
  7. To the extent practicable, all contracts should contain a payment plan that stipulates payments be made across at least three intervals and, for deliverable-based contracts, that payments shall not be made prior to completion and acceptance of deliverables.
  8. All contracts must be in writing and:
    1. Must be approved by the Chief Financial Officer and the Superintendent.
    2. Must be signed by the Superintendent if the contract has an annual value of $25,000.00 or above.
    3. Must be signed by the Superintendent or Superintendent’s designee if the contract has an annual value below $25,000.00.
  9. All contractual agreements shall be governed by and subject to applicable North Carolina and federal laws.

Monthly Report to State Board 

All signed contracts must be reported to the State Board monthly as information.  In addition, all proposed and pending contracts, including but not limited to proposed new contracts and contract amendments, shall be reported to the State Board monthly as information.  Proposed and pending contracts required to be reported under this section are limited to those contracts with an annual value of $25,000.00 or above and public school cooperative purchasing agreements (as defined in S.L. 2015-241 Section 8.14(b)).  

State Board members may request additional information or a presentation on any executed or proposed contract from the Superintendent or Superintendent’s designee.

 

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