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Home My WebLink About2024-02 A RESOLUTION BY THE HARNETT COUNTY BOC AUTHORIZING AN INCREASE IN THE MICRO-PURCHASE THRESHOLDHarnett RESOLUTION NO.2024-02 COUNTY NORTH CAROLINA A RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING AN INCREASE IN THE MICRO -PURCHASE THRESHOLD WHEREAS, from time to time, the County of Harnett (the "County") purchases goods and services using federal funding subject to the procurement standards in 2 C.F.R. Part 200, Subpart D; and WHEREAS, the County's procurement of such goods and services is subject to the County of Harnett's Purchasing Policy & Procedures, as most recently amended on January 1, 2021; 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 -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 Harnett COUNTY huRTH CAr,ULINA WHEREAS, pursuant to 2 C.F.R. 200.320(a)(1)(iv), the Board of the 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 THE 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 the 301h day of June, 2023, 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. 5. The County Manager of the County is hereby authorized, individually and collectively, to revise the Purchasing Policy of the County to reflect the increased micro -purchase thresholds specified herein, and to take all such actions, individually and collectively, to carry into effect the purpose and intent of the foregoing resolution. [Signature to follow on next page] Harnett COUNTY NORTH CAROLINA Adopted this the 5th day of February, 2024. William Morris, Chairman Harnett County Board of Commissioners Attest: Meli a Capps, Clerk to the Board