CHANGES TO G.S.143-128 The following changes to requirements for public building contracts over $500,000 were made in 1998 and apply only to school building projects.

1. When bids are solicited under both the single-prime and separate-prime systems, a school system may select either the lowest single-prime bidder or the lowest set of separate-prime bidders, based upon its evaluation of the bids.  In evaluating the the lowest single-prime versus the lowest separate-prime bid, the school system may consider quality, performance, time, cost of construction oversights and other factors the school system deems appropriate.
2. Single-prime bids must include a listing of the plumbing, HVAC, and electrical subcontractors to be used and provide the respective prices bid to the single-prime contractor for each subcontractor’s work.
3. A subcontractor may not bid more (but may bid less) under the single-prime system than the amount bid as a separate prime contractor.
4. Separate-prime bids must be received three hours prior to single-prime bids, but all bids should be opened at the same time.
5. Each contractor must submit an affidavit with their bid that they have made a good-faith effort to meet the minority business goals required by G.S.143-128(f). MBE requirements remain the same--only the requirement for an affidavit is added.
6. School systems may not solicit bids under the single-prime system only. Bids must be solicited under the single-prime and the separate-prime systems if single-prime bids are desired. Single-prime bids may be opened and contracts awarded if only one general construction bid is received under the separate-prime system. Separate prime bids should not be opened if less than a complete set is received.

MINIMUM NUMBERS OF BIDS Bids may not be opened unless at least three competitive bids are received in one of the following combinations.

1. Three complete sets of separate-prime bids ( three each of general construction, plumbing, HVAC, and electrical).
2. Three single-prime bids plus one general construction bid under the separate-prime system.
3. Two single-prime bids plus one complete set of separate-prime bids
4. One single-prime bid plus two complete sets of separate-prime bids.

If the minimum number of bids has not been received, a school system must re-advertise. After the resultant bids are received, bids may be opened and contracts awarded with a minimum of one complete set of separate-prime bids or one single-prime bid.