Purchasing Benchmarks

Less than $10,000 (small purchase)– (Non-State Contract Items) Any request that totals $10,000 or less (including taxes & shipping) may be submitted without having to secure multiple bids or quotes. 

• Competition is not required, but good purchasing practice suggests that it should be solicited wherever possible and documented on the requisition. No written quotations are required.

$10,000 - $31,000 (small purchase) – (Non-State Contract Items) Any request that totals between $10,000 and $31,000 (including taxes & shipping) requires an informal quote (at least 2 quotes are recommended). Please contact the Purchasing Agent if assistance is needed. 

• A quotation is a written document provided by a vendor that clearly lists the cost of the item, delivery charges, tax, and terms and conditions.

$31,000 - $100,000 – (Non-State Contract Items) Any request that totals between $31,000 and $100,000 (including taxes & shipping) requires 3 quotes (“3 quotes and a buy”). Please contact the Purchasing Agent if assistance is needed.  

$100,000+ – (Non-State Contract Items) Any request that totals $100,000 including tax and shipping costs, requires a written solicitation of competition. These written solicitations will be generated by the Purchasing Agent and will include the state terms and conditions. North Carolina Electronic Vendor Portal (eVP) will be used for solicitations. 

• The initiator/end-user should submit complete specifications and/or literature, names, phone numbers, and addresses of suggested vendors on the requisition.
• Once the solicitation is written, the Purchasing Agent will send this solicitation to the Division of Purchase and Contract for approval to post. Once the approval is received, the solicitation will be posted on the eVP website.
• After proposals are received, the Purchasing Agent reviews and analyzes the results and the department is notified. Depending on the commodity, the CCC Purchasing Agent will recommend a supplier for contract award and contact the using department for input.
• Once CCC recommends a supplier for contract award, the documents are forwarded to the Division of Purchase and Contract (P&C) for review.
• P&C will notify the college when they have approved our recommended award, and they will then give consent for us to award the contract to the vendor.

Request for Waiver of Competition 

• Depending on the circumstances, a written request for waiver of competition can be submitted for approval. It is imperative that a compelling case be drawn before such a request is forwarded. The CCC Purchasing Agent makes the final decision whether a request for waiver is constituted. Under certain conditions, and if deemed to be in the public interest, competition may be waived
• If a waiver of competition is being requested for one of the reasons below, the justification must be entered in unprinted comments on the requisition, or an e-mail may be sent to the Purchasing Agent referencing the requisition number. The Purchasing Agent reserves the right to seek additional justification for any request for a Waiver of Competition.
• One of the basic principles of public purchasing is to obtain competition by soliciting multiple responses whenever possible. However, there are instances when competition may be waived. 

• The justification for waiver of competition is a specific form that needs to be sent to the SPO for approval. The form must be prepared by the requestor to justify the purchase of certain items or services. The form should contain a thorough explanation for the request. The form should be sent to the Purchasing Agent. The specific instances requiring the use of a justification memo are described below. This list can also be found at the following link:

  01 NCAC 05B .1401

  • cases where performance or price competition are not available;
  • where a needed product or service is available from only one source of supply;
  • where emergency or pressing need is indicated;
  • where competition has been solicited but no satisfactory offers received;
  • where standardization or compatibility is the overriding consideration;
  • where a donation predicates the source of supply;
  • where personal or particular professional services are required;
  • where a particular medical product or service, or prosthetic appliance is needed;
  • where a product or service is needed for the blind or severely disabled and there are overriding considerations for its use;
  • where additional products or services are needed to complete an ongoing job or task;
  • where products are bought for "over the counter" resale;
  • where a particular product or service is desired for educational, training, experimental, developmental or research work;
  • where equipment is already installed, connected and
  • in service, and it is determined advantageous to purchase it;
  • where items are subject to rapid price fluctuation or immediate acceptance;
  • where there is evidence of resale price maintenance or other control of prices, lawful or unlawful, or collusion on the part of companies which thwarts normal competitive procedures;
  • where the amount of the purchase is
  • too small to justify soliciting competition or where a purchase is being made and a satisfactory price is available from a previous contract;
  • where the requirement is for an authorized cooperative project with another governmental unit(s) or a charitable non-profit organization(s);
  • where a used item(s) is available on short notice and subject to prior sale.

Lack of Competition 

The purpose of soliciting offers is both to seek and obtain competition; the responsibility is dual. Where only a single offer or a single acceptable offer is received or where reasonable and available competition is not obtained, the reason shall be ascertained and made a matter of record. 

**Purchase requirements cannot be divided to keep them under the established expenditure delegation amount** 

Specification Guidance (To be prepared by end-user) 

• What are you buying? This should include: An accurate description of the item, item numbers, model numbers, quantity needed, and list of additional components needed to complete the system.
• Is this the sole source? Why? If yes, obtain a letter stating such from the vendor.
• Are there specifications? These specifications should not be photocopies from literature but typed specifications that you can use.
• If it is brand specific, why? What brand?
• Is installation needed? If yes, it must be included in the bid or order.
• Is training needed? Major training or general instruction to user?
• Do you have any special delivery needs? Deadline for delivery? Inside delivery?
• What kind of warranty is provided or required?
• Do you need a maintenance contract for this kind of item?
• Would used, refurbished or demo equipment be acceptable?
• What kind of service do you need for the equipment?
• Is there a suggested vendor? Who? Provide contact information.

Protest Procedures 

Bid Protests 

A bid protest is a process by which a vendor wishing to protest an award by the state can present for consideration their request for relief. Bid protests are governed by 01 NCAC 05B .1519. A vendor initiates a bid protest by sending a written request to protest the award to the correct receiving entity, based on the contract amount. The protest letter must be received within thirty calendar days of the award, or the protest is untimely and will not be heard.  

Bid Protest Procedures  

To ensure fairness to all vendors and to promote open competition, agencies and P&C shall actively follow up and be consistent in responding to a vendor’s protest concerning contract awards. Protests of contracts that exceed an agency’s delegation are heard by the SPO. Protests of contracts valued less than an agency’s delegation are handled by the agency. 01 NCAC 05B .1519. Agencies should establish procedures to handle vendors’ protests for contracts valued below their general delegation.  

Protest Process Under Delegation 

Protests for contracts valued under an agency’s general delegation shall be heard by the agency. The below process shall be followed:  

• Vendor submits a written request for a protest meeting to the agency’s executive officer or their designee within thirty calendar days from the date of award. The vendor's request shall contain the reasons why it has a concern with the award and any supporting documentation.
• Within five calendar days from receipt of the protest letter, the executive officer shall submit a copy to the SPO.
• If a meeting is refused: Within ten calendar days from the date of receipt, the executive officer shall notify the vendor in writing that its protest met one of the following conditions:
  • It was not timely.
  • It did not contain the required information.
  • It was meritless, and a meeting would have served no purpose. A copy of the executive officer’s decision letter shall be forwarded to the SPO.
• If a meeting is granted: The meeting must be scheduled within thirty calendar days from receipt of the protest, unless mutually agreed.
• Within ten calendar days after the meeting, the executive officer shall notify the vendor of the results of the protest meeting and the appeal rights under Article 3 of G.S. 150B. A copy of the executive officer’s decision letter shall be forwarded to the SPO.
• If there is any further administrative or judicial review of the award, the purchasing agency shall notify the SPO in writing.

Process Over Delegation  

Protests for contracts that exceed an agency’s general delegation shall be heard by the SPO. The below process shall be followed:  

• Vendor submits a written request for a protest meeting to the SPO within thirty calendar days from the date of award. The vendor's request shall contain reasons why it has a concern with the award and any supporting documentation.
• If a meeting is refused: Within ten calendar days from the date of receipt, the SPO shall notify the vendor in writing that its protest met one of the following conditions:
  • It was not timely.
  • It did not contain the required information.
  • It was meritless, and a meeting would have served no purpose.
• If a meeting is granted: The meeting must be scheduled within thirty calendar days from receipt of the protest, unless mutually agreed.
• Within ten calendar days after the meeting, the SPO shall notify the vendor of the results of the protest meeting and the appeal rights under Article 3 of G.S. 150B.
• If there is any further administrative or judicial review of the contract award, the SPO shall notify the Secretary in writing.

Bid Protest Meeting 

Bid protest meetings are typically about one hour in length, but the duration may be adjusted due to complexity of the issues raised in the bid protest letter. The protest meeting is an informal, non-adversarial meeting in which the protesting vendor has the opportunity to further explain its position to the state. The awarded vendor may attend the protest meeting and provide a response to the protest allegations but is not required to do so. Each party will be given a set period of time in which to present their side.  

Because it is an informal process, not a hearing, evidence does not need to be presented, and witnesses do not need to be called. Counsel may attend and present on behalf of the protesting or awarded vendor but is not required to do so. 

The bid protest meeting is an opportunity for the protesting vendor to further explain its position, for the awarded vendor to provide any comments in response, and for the state to ask questions to further clarify the issues. The protesting vendor and the awarded vendor shall direct their comments to the state and not to one another. The state is not required to defend its position or answer vendor questions in the protest meeting.