Capitol Corner April 2022

On Monday, April 4th, congressional lawmakers unveiled a $10 billion agreement for emergency Covid-19 funding to help with costs like vaccines, tests, therapeutics and other supplies. Thankfully the bill does not rescind billions in state funding under American Rescue Plan Act (ARPA) funds to pay for the new spending package, after an earlier proposal called for taking back about $7 billion from 30 states, including North Carolina, to do so.

Congressional negotiators had initially looked to take back funds promised to states to help pay for the emergency Covid funding while working on the $1.5 trillion omnibus spending bill for the current fiscal year. Instead, House leadership removed the Covid funding measure from the larger fiscal bill and began negotiations over passing it as separate legislation.

If enacted, the current deal would also create additional flexibility for states and localities to use their ARPA Coronavirus State and Local Fiscal Recovery Funds on infrastructure projects. It would allow up to $10 million, or 30%—whichever amount is greater—on a variety of transportation projects and on the types of spending allowed under the Community Development Block Grant Program. Provisions in the legislation would open new options for spending ARPA dollars on disaster relief expenses as well.

The measure must still pass both chambers of Congress.

Federal funds are commonly passed through state agencies in North Carolina before being awarded to local governments, which can make the original funding source less obvious. Before proceeding with a procurement, local governments should verify whether an award originates from a federal source. This determination affects compliance obligations, including procurement standards, reporting, and audit requirements.

When a construction or repair contract over $300,000 involves a building, the procurement and contract are subject to additional requirements under N.C.G.S. 143-128. Therefore, this question must be answered to determine whether the additional statutory requirements apply to this procurement scenario.

The micro-purchase threshold is a federal procurement threshold under which competitive procurement is not required. The default micro-purchase threshold is $15,000, but local governments may increase the micro-purchase threshold up to $50,000. An explanation of increasing the micro-purchase threshold and a template for the required annual self-certification is available here.