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E <br />III V1VC <br />�r I sCIMM OF GOVERNMENY <br />Public Contracts Checklist <br />Basic Legal Requirements for Local Government Gontracts: <br />1. Were all (if any) statutorily required procurement procedures followed? (For example, if <br />formal or informal bidding is required, is the awardee the lowest responsible, responsive <br />bidder?) <br />2. Is the contract required to be in writing? <br />✓ Cities — all contracts must be in writing (G.S. 160A-16) <br />✓ Conveyance of real property (including easement), mining rights, or lease exceeding <br />3 years (G.S. 22-2) <br />✓ Construction contracts costing $500,000 or more, and purchase contracts costing <br />$90,000 or more (G.S. 143-129) <br />✓ Sale of goods exceeding $500 (G.S. 25-2-201(1)) <br />✓ Other UCC and common law contract requirements <br />✓ NOTE: Putting all contracts in writing is highly recommended <br />✓ NOTE: Defects in writing requirements can be cured by Board ratification <br />3. Did the proper legal authority award the contract? <br />✓ Governing board approval required for formal construction, informal and formal <br />sole -source, and piggyback contracts (G.S. 143-129); and small jurisdiction exception <br />to conflict of interest prohibition (G.S. 14-234(d1)) <br />✓ Delegated authority authorized for formal purchase contracts (G.S. 143-129) <br />✓ Board approval is not required for informal construction and informal purchase <br />contracts (G.S. 143-131) <br />✓ Board approval is not required for contracts below informal range <br />✓ Check local policies for more stringent board approval requirements <br />✓ Confirm delegated award authority either explicitly or implicitly (best to have explicit <br />delegation) <br />4. Did the proper legal authority execute the contract? <br />✓ Confirm execution authority either explicitly or implicitly (best to have explicit <br />authorization, such as by local policy or in job description) <br />Norma Houston Page 1 <br />UNC School of Government <br />