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County Commissioners Vote to Exempt Themselves from State Law

Franklin County Commissioners are adept at finding ways to get things done the way they want and their July 13, 2009 decision to exempt themselves from North Carolina General Statute 143-64.31 is no exception.

The decision stems from the commissioner's desire to avoid the competitive bid process in acquiring bids for proposed county jail expansion. The county wants to begin initial negotiations and design review with Surapon Sujjavanich Architects, P.A. because Mr. Sujjavanich was the designer of the current jail facility. County Manager Angela Harris strongly believes and has advised the commissioners that Sujjavanich produced preliminary or conceptual expansion drawings at the time he designed the original facility. She has indicated that she believes this will give him a competitive edge which could result in lower costs for designing the proposed expansion. This information prompted County Commissioners to resolve to exempt themselves from the state-mandated competitive bid process.

The statute involved is G.S. 143-64.31 which mandates that "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..."

State statutes also require that county governments "exercise in conformity with the laws of this State county powers, rights, duties, functions, privileges, and immunities of every name and nature." (G.S. 153A-11)

The commissioners voted on July 13, 2009 to exempt themselves from G.S. 143-64.31 with the blessing of the county attorney and without discussion.

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