<div class="chunk-title">Sec. 30-13. - Specific procurement procedures for contracts using federal funds.</div>
<div class="chunk-content">
            <p class="p0">
               Either the purchasing office or the requesting department shall solicit bids in accordance
               with the requirements under this section based on the type and cost of the contract.
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Service contracts (except for architectural and engineering ("A/E") professional services)
                  costing less than $50,000.00 and purchase contracts costing less than $30,000.00 shall
                  be procured using the uniform guidance "micro-purchase" procedure (2 C.F.R. Â§ 200.320(a))
                  as follows:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  The contract may be awarded without soliciting pricing or bids if the price of the
                  goods or services is considered to be fair and reasonable.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  To the extent practicable, purchases must be distributed among qualified suppliers.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Service contracts (except for A/E professional services) costing $50,000.00 up to
                  $250,000.00 and purchase contracts costing $30,000.00 up to $90,000.00 shall be procured
                  using the uniform guidance "small purchase" procedure (2 C.F.R. Â§ 200.320(b)) as follows:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Obtain price or rate quotes from an "adequate number" of qualified sources (a federal
                  grantor agency might issue guidance interpreting "adequate number," so the requesting
                  department should review the terms and conditions of the grant award documents to
                  confirm whether specific guidance has been issued).
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as
                  required under 2 C.F.R. Â§ 200.321.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Cost or price analysis is not required prior to soliciting bids.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  Award the contract on a fixed-price basis (a not-to-exceed basis is permissible for
                  service contracts where obtaining a fixed price is not feasible).
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  Award the contract to the lowest responsive, responsible bidder.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Service contracts (except for A/E professional services) costing $250,000.00 and above
                  and purchase contracts costing $90,000.00 and above shall be procured using a combination
                  of the most restrictive requirements of the UG "sealed bid" procedure (2 C.F.R. Â§
                  200.320(c)) and state formal bidding procedures (G.S. Â§ 143-129) as follows:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Cost or price analysis is required prior to soliciting bids.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Complete specifications or purchase description must be made available to all bidders.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  The bid must be formally advertised in a newspaper of general circulation for at least
                  seven full days between the date of the advertisement and the date of the public bid
                  opening. Electronic-only advertising must be authorized by the governing board. The
                  advertisement must state the date, time, and location of the public bid opening, indicate
                  where specifications may be obtained, and reserve to the governing board the right
                  to reject any or all bids only for "sound documented reasons."
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as
                  required under 2 C.F.R. Â§ 200.321.
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  Open bids at the public bid opening on the date, time, and at the location noticed
                  in the public advertisement. All bids must be submitted sealed. A minimum of two bids
                  must be received in order to open all bids.
                  </p>
               		
               <p class="incr2">
                  f.
                  </p>
               		
               <p class="content3">
                  Award the contract to the lowest responsive, responsible bidder on a fixed-price basis.
                  Governing board approval is required for purchase contracts unless the governing board
                  has delegated award authority to an individual official or employee. Any and all bids
                  may be rejected only for "sound documented reasons."
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Service contracts (except for A/E professional services) costing $250,000.00 and above
                  may be procured using the uniform guidance "competitive proposal" procedure (2 C.F.R.
                  Â§ 200.320(d)) when the "sealed bid" procedure is not appropriate for the particular
                  type of service being sought. The procedures are:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  An RFP must be publicly advertised. Formal advertisement in a newspaper is not required
                  so long as the method of advertisement will solicit proposals from an "adequate number"
                  of qualified firms.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as
                  provided under 2 C.F.R. Â§ 200.321.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Identify evaluation criteria and relative importance of the criteria (criteria weight)
                  in the RFP.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  Consider all responses to the publicized RFP to the maximum extent practical.
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  A written method for conducting technical evaluations of proposals and selecting the
                  winning firm.
                  </p>
               		
               <p class="incr2">
                  f.
                  </p>
               		
               <p class="content3">
                  Award the contract to the responsible firm with most advantageous proposal taking
                  into account price and other factors identified in the RFP. Governing board approval
                  is not required.
                  </p>
               		
               <p class="incr2">
                  g.
                  </p>
               		
               <p class="content3">
                  Award the contract on a fixed-price or cost-reimbursement basis.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  Construction and repair contracts costing less than $30,000.00 shall be procured using
                  the uniform guidance "micro-purchase" procedure (2 C.F.R. Â§ 200.320(a)) as follows:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  The contract may be awarded without soliciting pricing or bids if the price of the
                  goods or services is considered to be fair and reasonable.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  To the extent practicable, contracts must be distributed among qualified suppliers.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  Construction and repair contracts costing $30,000.00 up to $250,000.00 shall be procured
                  using the uniform guidance "small purchase" procedure (2 C.F.R. Â§ 200.320(b)) as follows:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Obtain price or rate quotes from an "adequate number" of qualified sources (a federal
                  grantor agency might issue guidance interpreting "adequate number," so the requesting
                  department should review the terms and conditions of the grant award documents to
                  confirm whether specific guidance has been issued).
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as
                  required under 2 C.F.R. Â§ 200.321.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Cost or price analysis is not required prior to soliciting bids, although price estimates
                  may be provided by the project designer.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  Award the contract on a fixed-price or not-to-exceed basis.
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  Award the contract to the lowest responsive, responsible bidder. Governing board approval
                  is not required.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  Construction and repair contracts costing $250,000.00 up to $500,000.00 shall be procured
                  using the uniform guidance "sealed bid" procedure (2 C.F.R. Â§ 200.320(c)) as follows:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Cost or price analysis is required prior to soliciting bids (this cost estimate may
                  be provided by the project designer).
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Complete specifications must be made available to all bidders.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Publicly advertise the bid solicitation for a period of time sufficient to give bidders
                  notice of opportunity to submit bids (formal advertisement in a newspaper is not required
                  so long as other means of advertising will provide sufficient notice of the opportunity
                  to bid). The advertisement must state the date, time, and location of the public bid
                  opening, and indicate where specifications may be obtained.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as
                  provided under 2 C.F.R. Â§ 200.321.
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  Open the bids at the public bid opening on the date, time, and at the location noticed
                  in the public advertisement. All bids must be submitted sealed. A minimum of two bids
                  must be received in order to open all bids.
                  </p>
               		
               <p class="incr2">
                  f.
                  </p>
               		
               <p class="content3">
                  A five percent bid bond is required of all bidders. Performance and payment bonds
                  of 100 percent of the contract price are required of the winning bidder.
                  </p>
               		
               <p class="incr2">
                  g.
                  </p>
               		
               <p class="content3">
                  Award the contract on a firm fixed-price basis.
                  </p>
               		
               <p class="incr2">
                  h.
                  </p>
               		
               <p class="content3">
                  Award the contract to the lowest responsive, responsible bidder. Governing board approval
                  is not required. Any and all bids may be rejected only for "sound documented reasons."
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  Construction and repair contracts costing $500,000.00 and above shall be procured
                  using a combination of the most restrictive requirements of the uniform guidance "sealed
                  bid" procedure (2 C.F.R. Â§ 200.320(c)) and state formal bidding procedures (G.S. Â§
                  143-129) as follows:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Cost or price analysis is required prior to soliciting bids (this cost estimate should
                  be provided by the project designer).
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Complete specifications must be made available to all bidders.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Formally advertise the bid electronically for at least seven full days between the
                  date of the advertisement and the date of the public bid opening. Electronic-only
                  advertising must be authorized by the governing board. The advertisement must state
                  the date, time, and location of the public bid opening, indicate where specifications
                  may be obtained, and reserve to the governing board the right to reject any or all
                  bids only for "sound documented reasons."
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as
                  provided under 2 C.F.R. Â§ 200.321.
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  Open the bids at the public bid opening on the date, time, and at the location noticed
                  in the public advertisement. All bids must be submitted sealed and in paper form.
                  A minimum of three bids must be received in order to open all bids.
                  </p>
               		
               <p class="incr2">
                  f.
                  </p>
               		
               <p class="content3">
                  A five percent bid bond is required of all bidders (a bid that does not include a
                  bid bond cannot be counted toward the three-bid minimum requirement). Performance
                  and payment bonds of 100 percent of the contract price are required of the winning
                  bidder.
                  </p>
               		
               <p class="incr2">
                  g.
                  </p>
               		
               <p class="content3">
                  Award the contract on a firm fixed-price basis.
                  </p>
               		
               <p class="incr2">
                  h.
                  </p>
               		
               <p class="content3">
                  Award the contract to the lowest responsive, responsible bidder. Governing board approval
                  is required and cannot be delegated. The governing board may reject any and all bids
                  only for "sound documented reasons."
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
               <p class="content2">
                  Construction or repair contracts involving a building costing $300,000.00 and above
                  must comply with the following additional requirements under state law:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Formal HUB (historically underutilized business) participation required under G.S.
                  Â§ 143-128.2, including local government outreach efforts and bidder good faith efforts,
                  shall apply.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Separate specifications shall be drawn for the HVAC, electrical, plumbing, and general
                  construction work as required under G.S. Â§ 143-128(a).
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  The project shall be bid using a statutorily authorized bidding method (separate-prime,
                  single-prime, or dual bidding) as required under G.S. Â§ 143-129(a1).
                  </p>
               		
               
               <p class="incr1">
                  (10)
                  </p>
               		
               <p class="content2">
                  Contracts for architectural and engineering services costing under $250,000.00 shall
                  be procured using the state "Mini-Brooks Act" requirements (G.S. Â§ 143-64.31) as follows:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Issue a request for qualifications (RFQ) to solicit qualifications from qualified
                  firms (formal advertisement in a newspaper is not required). Price (other than unit
                  cost) shall not be solicited in the RFQ.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as
                  provided for under 2 C.F.R. Â§ 200.321.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Evaluate the qualifications of respondents based on the evaluation criteria developed
                  by the purchasing office and/or requesting department.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  Rank respondents based on qualifications and select the best qualified firm. Price
                  cannot be a factor in the evaluation. Preference may be given to in-state (but not
                  local) firms.
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  Negotiate fair and reasonable compensation with the best qualified firm. If negotiations
                  are not successfully, repeat negotiations with the second-best qualified firm.
                  </p>
               		
               <p class="incr2">
                  f.
                  </p>
               		
               <p class="content3">
                  Award the contract to best qualified firm with whom fair and reasonable compensation
                  has been successfully negotiated. Governing board approval is not required.
                  </p>
               		
               
               <p class="incr1">
                  (11)
                  </p>
               		
               <p class="content2">
                  Contracts for architectural and engineering services costing $250,000.00 or more shall
                  be procured using the uniform guidance "competitive proposal" procedure (2 C.F.R.
                  Â§ 200.320(d)(5)) as follows:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Publicly advertise a request for qualifications (RFQ) to solicit qualifications from
                  qualified firms (formal advertisement in a newspaper is not required). Price (other
                  than unit cost) shall not be solicited in the RFQ.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as
                  provided under 2 C.F.R. Â§ 200.321.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Identify the evaluation criteria and relative importance of each criterion (the criteria
                  weight) in the RFQ.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  Proposals must be solicited from an "adequate number of qualified sources" (an individual
                  federal grantor agency may issue guidance interpreting "adequate number").
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  Must have a written method for conducting technical evaluations of proposals and selecting
                  the best qualified firm.
                  </p>
               		
               <p class="incr2">
                  f.
                  </p>
               		
               <p class="content3">
                  Consider all responses to the publicized RFQ to the maximum extent practical.
                  </p>
               		
               <p class="incr2">
                  g.
                  </p>
               		
               <p class="content3">
                  Evaluate qualifications of respondents to rank respondents and select the most qualified
                  firm. Preference may be given to in-state (but not local) firms provided that granting
                  the preference leaves an appropriate number of qualified firms to compete for the
                  contract given the nature and size of the project.
                  </p>
               		
               <p class="incr2">
                  h.
                  </p>
               		
               <p class="content3">
                  Price cannot be a factor in the initial selection of the most qualified firm.
                  </p>
               		
               <p class="incr2">
                  i.
                  </p>
               		
               <p class="content3">
                  Once the most qualified firm is selected, negotiate fair and reasonable compensation.
                  If negotiations are not successfully, repeat negotiations with the second-best qualified
                  firm.
                  </p>
               		
               <p class="incr2">
                  j.
                  </p>
               		
               <p class="content3">
                  Award the contract to best qualified firm with whom fair and reasonable compensation
                  has been successfully negotiated. Governing board approval is not required.
                  </p>
               		
               
            <p class="historynote0">
               (Ord. No. 2023-11, 10-16-2023)
               </p></div>