GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-250
SENATE BILL 437
AN ACT to increase the force account limit for mecklenburg county.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143-135 reads as rewritten:
"§ 143-135. Limitation of application of Article.
Except for the provisions of G.S. 143-129 requiring bids
for the purchase of apparatus, supplies, materials or equipment, this Article
shall not apply to construction or repair work undertaken by the State or by
subdivisions of the State of North Carolina (i) when the work is performed by
duly elected officers or agents using force account qualified labor on the
permanent payroll of the agency concerned and (ii) when either the total cost
of the project, including without limitation all direct and indirect costs of
labor, services, materials, supplies and equipment, does not exceed one
hundred twenty-five thousand dollars ($125,000) or the total cost of labor on
the project does not exceed fifty thousand dollars ($50,000); three
hundred thousand dollars ($300,000); provided that, for The University of
North Carolina and its constituent institutions, force account qualified labor
may be used (i) when the work is performed by duly elected officers or agents
using force account qualified labor on the permanent payroll of the university
and (ii) when either the total cost of the project, including, without
limitation, all direct and indirect costs of labor, services, materials,
supplies, and equipment, does not exceed two hundred thousand dollars
($200,000) or the total cost of labor on the project does not exceed one
hundred thousand dollars ($100,000). This force account work shall be subject
to the approval of the Director of the Budget in the case of State agencies, of
the responsible commission, council, or board in the case of subdivisions of
the State. Complete and accurate records of the entire cost of such work,
including without limitation, all direct and indirect costs of labor, services,
materials, supplies and equipment performed and furnished in the prosecution
and completion thereof, shall be maintained by such agency, commission, council
or board for the inspection by the general public. Construction or repair work
undertaken pursuant to this section shall not be divided for the purposes of
evading the provisions of this Article."
SECTION 2. This act only applies to nonutility construction or repair work for park and greenway projects in Mecklenburg County.
SECTION 3. This act is effective when it becomes law and expires June 30, 2012.
In the General Assembly read three times and ratified this the 2nd day of July, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives