01 NCAC 05B .0320          CONTRACT EXTENSIONS

(a)  Except as allowed in G.S. 143-53(d), any Extension beyond the term originally provided in the Contract that would result in a total Contract term that exceeds three years shall be by approval of the SPO prior to the expiration of the initial Contract or Renewal as provided in Rule .0319 of this Section, after consideration of the factors set forth in Rule .0321.

(b)  When an Agency determines, through consideration of the factors listed in Rule .0321 of this Section, that a Contract Extension is most advantageous to the State, as defined by G.S. 143-52, the Agency shall publicly post a notification of the Extension on the Electronic Bid System. The notification shall state for any Contract Extension:

(1)           the original bid number;

(2)           the awarded Vendor;

(3)           the Contract start and end dates;

(4)           the original Contract amount;

(5)           the revised end date;

(6)           an explanation of any pricing modification to be included; and

(7)           Agency and Contract Manager contact information.

(c)  When an Agency determines it is most advantageous to the State, as defined by G.S. 143-52, the Agency may request the Vendor to extend the scheduled termination dates of Contracts. Extensions shall not result in a change in the prices stated in the original Contract unless agreed to by the Purchasing Agency in writing. Extensions that result in a total contract value that exceeds a Purchasing Agency's General Delegation or Bid Value Benchmark shall be submitted to the Division for approval.

History Note:        Authority G.S. 143-49; 143-52; 143-53; 143-135.9;

Eff. March 1, 2022.