§ 133-32 – Gifts and favors regulated.
133-32. Gifts and favors regulated. (a) It shall be unlawful for any contractor, subcontractor, or supplier who: (1) Has a contract with a governmental agency; or (2) Has performed under such a contract within the past year; or (3) Anticipates bidding on such a contract in the future to make gifts or to give favors […]
§ 133-33 – Cost estimates; bidders' lists.
133-33. Cost estimates; bidders’ lists. Any governmental agency responsible for letting public contracts may promulgate rules concerning the confidentiality of: (1) The agency’s cost estimate for any public contracts prior to bidding; and (2) The identity of contractors who have obtained proposals for bid purposes for a public contract. If the agency’s rules require that […]
§ 133-40 – Purchase of contaminated property by public entities.
133-40. Purchase of contaminated property by public entities. (a) For purposes of this Article, the term "public entity" means the State and the Community College System; provided, however, that the term does not include the Department of Transportation in the exercise of the powers conferred by G.S. 136-19. (b) No public entity, as defined in […]
§ 133-18 – Additional payments by political subdivision.
133-18. Additional payments by political subdivision. The additional payments required under G.S. 133-8, 133-9, and 133-10 shall not be mandatory for political subdivisions of the State unless federal law makes such payments a condition of federal funding. (1989, c. 28, s. 7.)
§ 133-23 – Definition.
133-23. Definition. (a) The term "governmental agency" shall include the State of North Carolina, its agencies, institutions, and political subdivisions, all municipal corporations and all other public units, agencies and authorities which are authorized to enter into public contracts for construction or repair or for procurement of goods or services. (b) The term "person" shall […]
§ 133-24 – Government contracts; violation of G.S75-1 and 75-2.
133-24. Government contracts; violation of G.S. 75-1 and 75-2. Every person who shall engage in any conspiracy, combination, or any other act in restraint of trade or commerce declared to be unlawful by the provisions of G.S. 75-1 and 75-2 shall be guilty of a felony under this section where the combination, conspiracy, or other […]
§ 133-25 – Conviction; punishment.
133-25. Conviction; punishment. (a) Upon conviction of violating G.S. 133-24, any person shall be punished as a Class H felon. The court may also impose a fine of up to one hundred thousand dollars ($100,000) on any convicted individual and a fine of up to one million dollars ($1,000,000) on any convicted corporation. Any fine […]
§ 133-26 – Individuals convicted may not serve on licensing boards.
133-26. Individuals convicted may not serve on licensing boards. No individual shall be eligible to serve as a member of any contractor’s licensing board who has been convicted of criminal charges involving either: (1) A conspiracy in restraint of trade in the courts of this State in violation of G.S. 75-1, 75-2, or 133-24, or […]
§ 133-27 – Suspension from bidding.
133-27. Suspension from bidding. Any governmental agency shall have the authority to suspend for a period of up to three years from the date of conviction any person and any subsidiary or affiliate of any person from further bidding to the agency and from being a subcontractor to a contractor for the agency and from […]
§ 133-28 – Civil damages; liability; statute of limitations.
133-28. Civil damages; liability; statute of limitations. (a) Any governmental agency entering into a contract which is or has been the subject of a conspiracy prohibited by G.S. 75-1 or 75-2 shall have a right of action against the participants in the conspiracy to recover damages, as provided herein. The governmental agency shall have the […]