Federal Procurement Requirements

Uniform Guidance, found at 2 C.F.R. 200, has three major components: administrative requirements (Subparts B through D), cost principles (Subpart E), and audit requirements (Subpart F). These requirements, which are issued by the Office of Management and Budget (OMB), apply to most categories of federal grant and loan funds. The information on this page provides guidance on compliance with the federal Uniform Guidance procurement requirements, found in Subpart D and specifically 2 C.F.R. 317 through 327.

Pursuant to 2 C.F.R. 200.109, the OMB is obligated to review the Uniform Guidance at least every five years. The last comprehensive update was made in 2018, during which the micro-purchase and simplified acquisition thresholds were increased. OMB also amended Uniform Guidance in 2020; this amendment included some minor revisions and several consequential changes. Notably, as of November 12, 2020, there are two new sections that impose domestic preference for procurement and prohibit the use of contracting with certain telecommunications entities, found in 2 CFR 200.322 and 2 CFR 200.216 respectively. Another significant change with the 2020 revisions to Uniform Guidance is that local governments can self-certify to increase the micro-purchase threshold default from the standard of $10,000 up to $50,000, in compliance with state law. This means that a local government can self-certify up to $50,000 for Mini-Brooks Act services, or up to $30,000 for purchases. You can read more about this optional self-certification here.

When spending federal grant and loan funds, local governments should confirm with their federal grantor agency whether the Uniform Guidance requirements apply and what, if any, additional requirements the federal grantor agency has imposed. Local governments also should consult with their attorneys and autidors to ensure full compliance with the Uniform Guidance requirements.

Uniform Guidance (full text of 2 CFR Part 200):

CFR-2014-title2-vol1-part200.pdf

Electronic version of Uniform Guidance available at e-CFR (click here)

Procurement Requirements Summaries:

OMB memorandum M-18-18 increasing UG bid thresholds (effective June 20, 2018)

Memo #2018-06 UG Procurement Standards final R1.pdf (guidance from the NC Treasurer's Office on federal Uniform Guidance requirements)

Federal and State Procurement Comparison Chart - General.pdf (comparison of state and federal procurement requirements)

Most Restrictive Rule summary.pdf (summary of most restrictive bidding requirements under both UG and state law based on type of contract and cost)

Sample Policies and Forms:

Sample UG Procurement Policy.docx (sample procurement policy developed by the School of Government)

Sample UG Conflicts and Gifts Policy.docx (sample conflicts of interest and gift policy developed by the School of Government)

Compliance statement for local procurement policies.docx (sample compliance statement for local government procurement policies)

Procurement Analysis - HUD Indian programSAMPLEPROCEMTPOLICY.pdf (example of procurement analysis form for HUD programs documenting the method of procurement and basis for selection)

Price Analysis Sample Form.pdf (price analysis form used by GoTriangle)

Price Analysis 2 Sample Form.pdf (price analysis form used by GoTriangle)

Cost Analysis Template Form.xls (cost analysis excel worksheet used by GoTriangle)

Independent Estimate Guide_HCDE internal (swl 7.22.15).docx (example of independent estimate analysis form provided bu Dr. Jesus Amezuca of the Harris County Department of Education, Texas. If using this form, it should be modified to reflect North Carolina law)

Cost or Price Analysis Form_HCDE internal (swl revised 7.22.15).docx (example of cost or price analysis form provided bu Dr. Jesus Amezuca of the Harris County Department of Education, Texas. If using this form, it should be modified to reflect North Carolina law)

Onslow Policy - Procurement Procedures with Federal Funds - 2018 revised.pdf (Onslow County Procurement Policy updated to reflect new UB bid thresholds0

Charlotte UG Procurement Policy 2018-6-12.pdf

Contract Provisions:

Contract Provisions Appendix II.docx (full text of required contract provisions under 2 CFR Part 200, Appendix II)

Contract provisions short version.docx (sample short form contract provision developed by the School of Government)

Vendor _Contract Provisions_Certifications_inc EDGAR_HCDE internal (swl 7.7.15).docx (sample contract provisions provided by Dr. Jesus Amezcua of the Harris County Department of Education, Texas. Local governments should consult with their attorneys in developing contract provisions)

Presentations:

UG Procurement Requirements - updated webinar presentation slides.pdf (presentation slides from School of Government webinar conducted April 24, 2018; updated June 24, 2018 to reflect increase in UG bid thresholds)

UG webinar Q&A - april2018.pdf (questions and answers from the School of Government webinar conducted on April 24, 2018

UG - CAGP Regional Training 2018.pdf (FAQ's and M/WBE solicitation requirements presented at CAGP regional training fall 2018

UG MWBE Requirements - Coordinators Network June2018 - presentation slides.pdf (M/WBE solicitation requirements and state HUB requirements)

FEMA Requirements and Resources: More information on FEMA requirements is available at the School of Government's Emergency Management microsite (click here)

Federal and State Procurement Comparison Chart - FEMA.pdf (comparison of UG and FEMA procurement requirements with state law)

FEMA UG Procurement Requirements webinar presentation slides - june2018.pdf (slides from School of Government webinar on FEMA procurement requirements updated June 24, 2018 to reflect increase in UG bid thresholds)