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.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. (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. 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. 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. (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 […]
133-29. Reporting of violations of G.S. 75-1 or 75-2. Any person having knowledge of acts committed in violation of G.S. 75-1 or 75-2 involving a contract with a governmental agency who reports the same to that governmental agency and assists in any resulting proceedings may receive a reward as set forth herein. The governmental agency […]
133-30. Noncollusion affidavits. Noncollusion affidavits may be required by rule of any governmental agency from all prime bidders. Any such requirement shall be set forth in the invitation to bid. Failure of any bidder to provide a required affidavit to the governmental agency shall be grounds for disqualification of his bid. The provisions of this […]
133-31. Perjury; punishment. Any person who shall willfully commit perjury in any affidavit taken pursuant to this Article or rules pursuant thereto shall be guilty of a felony and shall be punished as a Class I felon. (1981, c. 764, s. 1; 1993, c. 539, s. 1307; 1994, Ex. Sess., c. 24, s. 14(c).)
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. 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 […]
