BID ACCORDING TO STATE LAW
Charter schools and Local Education Agencies (LEAs) are considered part of local government and are covered by the NC General Statutes on procurement for local government.
While North Carolina Office of Information Technology Services (ITS) has the authority to negotiate contracts for the State of North Carolina for information technology and telecommunications, only executive agencies of the State of North Carolina are required to purchase services from ITS contracts. The only K-12 schools in these executive agencies are in DHHS and Juvenile Justice. Charter schools and LEAs can choose to purchase services from ITS contracts, but they are not required to do so.
Search North Carolina General Statute 143 for information regarding state contract law. Article 8, 129, and others may be applicable depending on the specific procurement situation.
An Overview of Contract Bidding Requirements for North Carolina Local Governments was published in September 2007 by the UNC School of Government.
Public education entities: Be certain that if items (i.e. goods and merchandise) requested on the 470 are required to be bid under state law, that you post these items for bidding advertisement at the same time. Competitively bidding on the SLD website does not exempt you from bidding at the local level according to the school code. If the 470 and RFP are not released on the same day, the SLD will permit this situation as long as these forms are publicly availably for 28 coterminous days. In other words, if you release your RFP, and then post your 470 five days later, the RFP must be open and available for bid responses until the end of the 470's 28-day competitive bidding period and vice versa. Further, be careful not to schedule any pre-bid meetings on the day or few days after the 470 has been posted in order to give the maximum number of vendors the chance to review your 470 and attend your pre-bid meeting.
North Carolina Contract Law is ambiguous when it comes to services (e.g. telephone service). Therefore, bidding services, beyond the posting of a Form 470, would be a local procurement policy decision. E-rate simply requires that you are in compliance with all local and state procurement rules. The North Carolina Office of State Procurement would be the authoritative body if you have any questions.
BID ACCORDING TO LOCAL RULES
E-rate applicants must also follow all local rules pertaining to procurement including policies related to gifts. All E-rate applicants should be familiar with local policies and understand that USAC must strictly interpret local policy per FCC rules.