What are the legal requirements related to public contracts?
In North Carolina, all public contracts must follow specific legal requirements in order to be lawful. Public contracts are those made between government or public entities and other parties with respect to goods, services, or both. All public contracts must be in writing and must include the names of the parties involved, the purpose of the contract, a detailed description of the goods or services, and any applicable terms and conditions. The contract must be signed by the authorized representative of each party and include the date the signing was completed. The contract must also include the estimated cost of the goods or services, the duration of the contract, and any applicable performance standards. The State of North Carolina also requires that all public contracts include certain provisions that contain specific language from the General Statutes of North Carolina. These provisions include clauses relating to indemnification of the contractor, access by state officials to the worksite, and the contractor’s adherence to applicable laws. In addition, the purchasing agency, such as a school district or county government, must follow specific laws and procedures when selecting bidders for public contracts. These laws and procedures include rules about advertising for bids, receiving and evaluating bids, and awarding contracts. Finally, each public contract is subject to review and approval by the governing body of the public agency, usually the Board of County Commissioners or the school board. This review and approval process involves consideration of the cost of the goods or services being provided, as well as the contractor’s ability to provide them. All of these legal requirements must be strictly followed in order for the public contract to be considered legally valid in North Carolina.
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