Mapping Sciences MINI BROOKS ACT   Procurement of Architectural, Engineering, and Surveying Services As an added convenience, we have added information on the Mini Brooks Act to our website so our clients in the state of North Carolina can better understand procurement procedures. If you have any questions about the Mini Brooks Act or need any assistance in preparing RFP’s or RFQ's, please contact Trudi Ashby at mailto:ashbyt01@lrkimball.com or Jim Loncella at loncej@lrkimball.com. Mini Brooks Act Procurement of Architectural, Engineering, and Surveying Services Declaration of public policy GS 143 – 64.31 Article 3D (a)It is the public policy of this State and all public subdivisions and Local Governmental Units thereof, except in cases of special emergency involving the health and safety of the people or their property, to announce all requirements for architectural, engineering, surveying and construction management at risk services, to select firms qualified to provide such services on the basis of demonstrated competence and qualification for the type of professional services required without regard to fee other than unit price information at this stage, and thereafter to negotiate a contract for those services at a fair and reasonable fee with the best qualified firm. If a contract cannot be negotiated with the best qualified firm, negotiations with that firm shall be terminated and initiated with the next best qualified firm. Selection of a firm under this Article shall include the use of good faith efforts by the public entity to notify minority firms of the opportunity to submit qualifications for consideration by the public entity. (b) Public entities that contract with a construction manager at risk under this section shall report to the Secretary of Administration the following information on all projects where a construction manager at risk is utilized: (1)  A detailed explanation of the reason why the particular construction manager at risk was selected. (2)  The terms of the contract with the construction manager at risk. (3)  A list of all other firms considered but not selected as the construction manager at risk and the amount of their proposed fees for services. (4)  A report on the form of bidding utilized by the construction manager at risk on the project. The Secretary of Administration shall adopt rules to implement the provisions of this subsection including the format and frequency of reporting. (1987, c. 102, s. 1; 1989, c. 230, s. 2; 2001-496, s. 1.) § 143-64.32.  Written exemption of particular contracts Units of local government or the North Carolina Department of Transportation may in writing exempt particular projects from the provisions of this Article in the case of: (a)  Proposed projects where an estimated professional fee is in an amount less than thirty thousand dollars ($30,000), or (b)  Other particular projects exempted in the sole discretion of the Department of Transportation or the unit of local government, stating the reasons therefore and the circumstances attendant thereto. (1987, c. 102, s. 2.) § 143-64.33.  Advice in selecting consultants or negotiating consultant contracts On architectural, engineering, or surveying contracts, the Department of Transportation or the Department of Administration may provide, upon request by a county, city, town or other subdivision of the State, advice in the process of selecting consultants or in negotiating consultant contracts with architects, engineers, or surveyors or any or all. (1987, c. 102, s. 3; 1989, c. 230, s. 3, c. 770, s. 44.) § 143-64.34.  (Effective until December 31, 2006) Exemption of certain projects (a) State Capital Improvement Projects under the jurisdiction of the State Building Commission where the estimated expenditure of public money is less than one hundred thousand dollars ($100,000) are exempt from the provisions of this article. (b) A capital improvement project of The University of North Carolina under G.S. 116-31.11 where the estimated expenditure of public money is less than three hundred thousand dollars($300,000) is exempt from this Article if: (1)  The architectural, engineering, or surveying services to be rendered are under an open-end design agreement; (2)  The open-end design agreement has been publicly announced and (3)  The open-end design agreement complies with procedures adopted by the University and approved by the State Building Commission under G.S. 116-31.11(a) (3). (1987, c. 102, s. 3.1; c. 830, s. 78(a); 1997-314, s. 1; 1997-412, s. 5; 2001-496, ss. 8(b), 8(c).) § 143-64.34.  (Effective December 31, 2006) Exemption of certain State Capital Improvement Projects (a)State Capital Improvement Projects under the jurisdiction of the State Building Commission where the estimated expenditure of public money is less than one hundred thousand dollars ($100,000) are exempt from the provisions of this Article. (b) Repealed by Session Laws 1997-412, s. 5.1, as amended by Session Laws 2001-496, s. 8(b), effective December 31, 2006.(1987, c. 102, s. 3.1; c. 830, s. 78(a); 1997-314, s. 1; 1997-412, ss. 5, 5.1; 2001-496, ss. 8(b), 8(c).) § 143-64.35 through 143-64.49.  Reserved for future codification purposes.
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