HomeMy WebLinkAboutAgenda 03-15-22; 8-d - Approval of a Resolution Authorizing an Increase in the Micro-Purchase Threshold from $10,000 to $30,000 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 15, 2022
Action Agenda
Item No. 8-d
SUBJECT: Approval of a Resolution Authorizing an Increase in the Micro-Purchase
Threshold from $10,000 to $30,000
DEPARTMENT: Finance and Administrative
Services
ATTACHMENT(S): INFORMATION CONTACT:
Gary Donaldson, Chief Financial Officer,
Resolution Authorizing Increase in Micro- 919-245-2453
Purchase Thresholds Jovana Amaro, Purchasing Agent,
919-245-2651
Anne Marie Tosco, Staff Attorney,
919-245-2320
PURPOSE: To approve a resolution increasing the micro-purchase threshold from $10,000 to
$30,000 for County expenditures incurred with Federal Grant funds and authorize an amendment
to the County's Purchasing Policy to reflect the increased thresholds.
BACKGROUND: Purchases by non-Federal entities (state and local governments) made with
Federal funds must follow the competitive procurement standards set by the Federal Uniform
Guidance regulations unless the amount of the purchase is below the micro-purchase threshold.
The Federal micro-purchase threshold is currently $10,000 which means that the County does
not have to solicit competitive bids or quotes for purchases under $10,000 if the County deems
the price to be "reasonable based on research, experience, price history or other information and
documents [that] it files accordingly."
In 2020, the U.S. Government made revisions to the Federal Uniform Guidance that now allows
local governments to increase the micro-purchase threshold to a threshold up to $50,000 which
is the State's threshold for non-Federal purchases. Pursuant to the annual adoption of the
attached resolution, the County can now increase the Federal micro-purchase threshold from
$10,000 to the stated amounts below:
1. $30,000 for the purchase of "apparatus, supplies, materials, or equipment"
2. $30,000 for the purchase of "construction or repair work"
3. $50,000 for the purchase of services not subject to competitive bidding under North
Carolina law
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4. $50,000 for the purchase of architectural, engineering, and surveying services (services
subject to the "Mini-Brooks Act")where the County has exercised, in writing, an exemption
to the Mini-Brooks Act for a particular project
Increasing the micro-purchase threshold to mirror North Carolina purchasing laws will provide
consistency as the County expends Federal funds.
The Federal law requires that the County adopt an annual resolution to remain in compliance with
the higher micro-purchase for spending Federal funds. Staff plans to include this resolution as
part of the annual Budget Ordinance in each future year.
FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the
Chair to sign the Resolution Authorizing Increase in Micro-Purchase Threshold. The Manager
further recommends the Board authorize the Finance & Administrative Services Department to
amend the County's Purchasing Policy to reflect the increased Federal Micro-Purchase
thresholds.
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RES-2022-011
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION AUTHORIZING INCREASE IN MICRO-PURCHASE
THRESHOLD
WHEREAS, from time to time, Orange County (the "County"') purchases goods
and services using federal funding subject to the procurement standards in Title 2 of the
Code of Federal Regulations (2 C.F.R.) Part 200, Subpart D; and
WHEREAS, the County's procurement of such goods and services is subject to
the Orange County Purchasing Policy Manual, as most recently amended on October 1,
2019; and
WHEREAS, the County is a non-Federal entity under the definition set forth in 2
C.F.R. § 200.1; and
WHEREAS, pursuant to 2 C.F.R. 200.320(a)(1)(ii), a non-Federal entity may
award micro-purchases without soliciting competitive price or rate quotations if the non-
Federal entity considers the price to be reasonable based on research, experience,
purchase history or other information and documents that the non-Federal entity files
accordingly; and
WHEREAS, pursuant to 2 C.F.R. 200.320(a)(1)(iii), a non-Federal entity is
responsible for determining and documenting an appropriate micro-purchase threshold
based on internal controls, an evaluation of risk, and its documented procurement
procedures; and
WHEREAS, pursuant to 2 C.F.R. § 200.320(a)(1)(iv), a non-Federal entity may
self-certify on an annual basis a micro-purchase threshold not to exceed $50,000 and
maintain documentation to be made available to a Federal awarding agency and auditors
in accordance with 2 C.F.R. § 200.334; and
WHEREAS, pursuant to 2 C.F.R. § 200.320(a)(1)(iv), such self-certification must
include (1) a justification for the threshold, (2) a clear identification of the threshold, and
(3) supporting documentation, which, for public institutions, may be a "higher threshold
consistent with State law"; and
WHEREAS, G.S. 143-129(a) and G.S. 143-131(a) require the County to conduct
a competitive bidding process for the purchase of (1) "apparatus, supplies, materials, or
equipment" where the cost of such purchase is equal to or greater than $30,000, and (2)
"construction or repair work" where the cost of such purchase is greater than or equal to
$30,000; and
WHEREAS, North Carolina law does not require a unit of local government to
competitively bid for purchase of services other than services subject to the qualifications-
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based selection process set forth in Article 3D of Chapter 143 of the North Carolina
General Statutes (the "Mini-Brooks Act"); and
WHEREAS, G.S. 143-64.32 permits units of local government to exercise, in
writing, an exemption to the qualifications-based selection process for services subject to
the Mini-Brooks Act for particular projects where the aggregate cost of such services do
not exceed $50,000; and
WHEREAS, pursuant to 2 C.F.R. 200.320(a)(1)(iv), the Board of County
Commissioners of Orange County now desires to adopt higher micro-purchase thresholds
than those identified in 48 C.F.R. § 2.101.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ORANGE COUNTY:
1. In accordance with 2 C.F.R. § 200.320(a)(1)(iv) and the applicable
provisions of North Carolina law, the County hereby self-certifies the following micro-
purchase thresholds, each of which is a "higher threshold consistent with State law" under
2 C.F.R. § 200.320(a)(1)(iv)(C) for the reasons set forth in the recitals to this resolution:
A. $30,000, for the purchase of "apparatus, supplies, materials, or
equipment"; and
B. $30,000, for the purchase of "construction or repair work"; and
C. $50,000, for the purchase of services not subject to competitive bidding
under North Carolina law; and
D. $50,000, for the purchase of services subject to the qualifications-based
selection process in the Mini-Brooks Act; provided that such threshold shall
apply to a contract only if the County has exercised an exemption to the
Mini-Brooks Act, in writing, for a particular project pursuant to G.S. 143-
64.32. If the exemption is not authorized, the micro-purchase threshold
shall be $0.
2. The self-certification made herein shall be effective as of the date hereof
and shall be applicable until June 30, 2022, but shall not be applicable to Federal financial
assistance awards issued prior to November 12, 2020, including financial assistance
awards issued prior to that date under the Coronavirus Aid, Relief, and Economic Support
(CARES) Act of 2020 (Pub. L. 116-136).
3. In the event that the County receives funding from a federal grantor agency
that adopts a threshold more restrictive than those contained herein, the County shall
comply with the more restrictive threshold when expending such funds.
4. The County shall maintain documentation to be made available to a Federal
awarding agency, any pass-through entity, and auditors in accordance with 2 C.F.R. §
200.334.
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5. The Chief Financial Officer of the County is hereby authorized to revise the
Purchasing Policy of the Unit to reflect the increased micro-purchase thresholds specified
herein, and to take all such actions to carry into effect the purpose and intent of the
foregoing resolution.
Adopted by the Orange County Board of County Commissioners this the day of
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By: Attest:
Renee Price, Chair Laura Jensen, Clerk to the Board
Orange County Board of Commissioners