HomeMy WebLinkAboutRES-2022-011-Resolution authorizing increase in Micro-Pur chase threshold 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 ) ( 11 ) , 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 ) ( 111 ) , 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 -
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 ) ( 1v) ( 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 . 1116 - 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 .
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 :
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Renee Price , Chair Laura Jens , Clerk to the Board
Orange County Board of Commissioners
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