April 16, 2012 - Cabarrus County

Purchases made through a competitive bidding group purchasing program, whichis a formally organized program that offers competitively bid purchasing servicesat discount prices to two or more public agencies, are exempt from the NorthCarolina competitive bid laws.C. EmergenciesThe formal bidding statute provides that bidding is not required “in cases ofspecial emergency involving the health and safety of the people or theirproperty.” The essential elements for an emergency to be exempt under thestatute are:1. The emergency must be present, immediate and existing;2. Harm cannot be averted through temporary measures; and,3. The emergency cannot be self-created (due to a failure to take precautions).D. Purchases from other governmental unitsCompliance is not required with the competitive bidding statutes when thecontract for the purchase of apparatus, supplies, materials or equipment is fromany federal agency, or any other governmental unit within the United States (i.e.municipalities, counties, schools, housing authorities).E. Contracts established by the State or any agency of the StateThe North Carolina Statutes allow purchases from contracts established by theState or any agency of the State, if the contractor is willing to extend the same ormore favorable prices, terms and conditions as established in the originalcontract. No governing board approval is needed to enter into a contract underthis provision.F. Purchase of Used EquipmentPage 28 of 48Attachment number 1F-6Page 100