Q. Can small transit properties establish a small purchase threshold of $100,000?
A. Yes, unless further restricted by State or local laws and procedures. FTA Circular 4220.1F, Ch. VI, §3.b., allows, but does not mandate, simplified small purchase procedures up to $100,000. As a method of procurement, small purchase procedures recognize that it could cost more to conduct formal competitions than the value expected to be yielded by those more formal procedures. Therefore, grantees are encouraged to use simplified methods when legal and feasible in light of their own procurement organization’s experience, training, and internal controls. (Revised June 2010)
Q. Our organization is now responsible for administering our own FTA Grants and needs guidance to ensure we comply with FTA guidelines. I am concerned with small purchases under $100,000 for commodities and everyday items (not construction contracts) i.e. motor oil, tires, bus repair parts, office supplies, copy machines, etc anything that we need to run our day to day operations. I have studied the printed material regarding the Micro purchase threshold and Small purchase threshold and our County and State purchasing guidelines are stricter and will take precedence. A purchase over $500 requires three price quotes, over $1,000 requires written quote responses and over $10,000 requires a formal bid.
If we purchase tires (or anything else) on a regular basis and the annual total is under $10,000 are we required to prepare a formal quote that includes all the FTA clauses or are they only applicable when we exceed $100,000 annually in that commodity?
If we purchase tires (or anything else) on a regular basis and the annual total exceeds $10,000 but is still under $100,000 NY State law requires we prepare a formal bid. Are we required to include and attach all the FTA clauses to the bid?
If we purchase tires (or anything else) on a regular basis and the annual total exceeds $10,000 but is still under $100,000 but NYS OGS has a competitive bid in place that State law allows us to purchase from can we continue to use that bid or must be prepare and issue our own bid for the same specifications so that we can attach all the FTA clauses?
We wish to set up our procurement procedures so they meet FTA requirements but don’t want to make the process any more cumbersome than necessary.
A. The FTA threshold for small purchase procedures is $100,000 per procurement. Those procedures are discussed in the BPPM section 4.2 – Small Purchases. Your agency may have a number of purchases during the year for a commodity that are less than $100,000 each but more than $100,000 for the entire year. The threshold applies to each individual contract. We would caution you that if you award a contract to a particular supplier that is below $100,000 but add to it later so that it grows to more than $100,000, you must add the FTA required clauses for contracts above $100,000 once you cross that threshold. Thus, if you suspect this may happen, you should include the above $100,000 clauses initially. Of course, you should plan your purchases annually and consolidate where feasible to get the best prices and quality available, but limitations such as inventory space or program uncertainties may make it infeasible to consolidate into larger procurement packages. You will have to make those program/business judgments.
The FTA clauses required are determined by the value of each procurement using FTA’s dollar criteria, not your state or local criteria. The BPPM discusses the various clauses and instructions for each, including dollar criteria, in Appendix A.1.
If the non-construction procurements are under the federal micro-purchase threshold of $3,000, then there are no FTA clauses required. Micro-purchases are discussed in BPPM section 4.1 – Micro-Purchases.
The question of using a state GSA – type contract is discussed in the BPPM sections 22.214.171.124 – Intergovernmental Agreements, Joint Procurements, Piggybacking/ Assignments, and 6.3.3 – Joint Procurements of Rolling Stock and “Piggybacking.” Section 126.96.36.199 discusses the issue of grantees adding federal clauses to state GSA-type contracts (if they were initially awarded by the state without the clauses). FTA takes the position that grantees may add the required federal clauses in their first purchase orders against these contracts. (Reviewed June 2010)
Q. Reading the FTA Required Clauses section in the Best Practices Manual it says, "As part of their applications each year, recipients are required to submit a certification to the effect that they will not enter into contracts over $100,000 with suspended or debarred contractors and that they will require their contractors (and their subcontractors) to make the same certification to them." Am I required to include language in my RFPs and IFBs for procurements which may be less than $100,000?
A. You are required to include the Certification Regarding Debarment, Suspension, etc. only for procurements that equal or exceed the Federal procurement small purchase threshold, which is currently fixed at $100,000. You may refer to the Best Practices Procurement Manual, Appendix A, Clause 22 which incorporates the requirements of 2 C.F.R. part 180. (Revised June 2010)
Q. If the small purchase procurement method is used applying the Brooks Act procedures, does a formal RFP have to go out, or can qualifications be requested informally from various firms without advertising in the newspaper?
A. Small purchase procedures do not require formal RFPs. All that is required is that you solicit proposals from an "adequate number of qualified sources." The topic of Small Purchases is also discussed in the Best Practices Procurement Manual Section 4.2 - Small Purchases. As the BPPM states, the procedure envisioned by the Federal requirement is a "simple and informal" one, and solicitations and quotations may be either oral or written. (Reviewed June 2010)
Q. We have an estimate from one vendor who produces HR administration software for a $7,000 end-user license agreement. The first year support agreement is $3,000. Subsequent annual maintenance support agreement costs are $3,000. We are not locking ourselves into anything more than a 1-year contract if this firm is awarded following a competitive solicitation (follow-on annual maintenance support agreements are not required to operate the software). Our agency's simplified acquisition threshold threshold is $25,000. Is this still considered within the simplified acquisition (small purchase) guidelines under FTA Circular 4220.1F, or should formal procedures requiring an RFP be used?
A. The simplified acquisition threshold, which is currently $100,000 at the Federal level but typically less for individual grantees (based on their own procurement policies), is applicable to the expected value of the procurement action presently being processed. This should include any options in the current contract if exercising them will result in a larger contract value that would exceed the simplified acquisition threshold. We do not believe the grantee should look beyond the current contract value (including options) when making a determination of whether the threshold for small purchases should apply. In this case, for example, the current contract value for licensing the software for the first year is only $7,000–$10,000. The agency is making no contractual commitment for future years. We would also note that software technology is changing so rapidly that it is simply good business practice not to contract long-term for software that may become obsolete. Based on these facts we see no reason for you to assume now that your contract will grow to $25,000, and we would advise that this action should be processed as a small purchase under your simplified acquisition procedures procedures.
(Reviewed June 2010)