For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ADDENDA” or “ADDENDUM.” Additional requirements, specifications, or instructions to the original request for bids, requests for proposals, request for quotations, request for qualifications or other solicitations. All contents of the addendum are incorporated into the original document.
“ARCHITECTURAL, SURVEYING AND ENGINEERING SERVICES.” Contracts performed by private consulting firms as agents of the city, including, but not limited to, feasibility studies, planning, design, testing, and construction administration or management services. The services are regulated by the state, and may not be competitively bid, per state statutes (S.C. Code § 40-3-300)and regulations (S.C. Code Ann. Reg. 49-305), but must be selected on a qualification basis with fees determined by direct negotiation.
“ASSISTANT CITY MANAGER.” The Assistant City Manager or Managers of the city.
“BIDDER.” Any person or other validly constituted legal entity submitting a bid or responsive proposal in response to a request for a publically funded project or service seeking award of a public contract or subcontract with the city.
“BUSINESS.” Any sole proprietorship, corporation, limited liability company or other legal entity which is, or will be if awarded a bid, licensed to do business in the jurisdiction where the work will be performed or the service provided.
“CITY COUNCIL.” The City Council of the City of Camden, the governing body of the city.
“CITY MANAGER.” The City Manager of the city.
“COMMODITY.” Any tangible good, ware, or article of merchandise which is moveable in trade or commerce.
“CONTRACT.” An agreement entered into voluntarily by two or more parties, with the intention of creating mutual legal obligations over a defined period of time; in the case of the city, contracts must be in writing, supported by valuable consideration, signed by an authorized representative of the city, and capable of being performed within the current budget year, unless a longer period of performance is approved by the City Manager or City Council. From the city's perspective, the contract is a legally binding document, which specifies and defines the performance requirements and expectations from a vendor for a purchase or project procured by the city or any of its departments. Time is of the essence in contract performance by all vendors.
“CONTRACTOR.” The person, firm, partnership, joint venture, corporation, or other validly constituted legal entity, which has entered into a contract with the city to provide goods or perform a service of any type with the city.
“DISCRIMINATION.” An action or series of activities that sets apart or causes separate and unequal treatment of a person or group ofpersons solely on the basis of his or her race, color, national origin, religion, sex, age, disability, sexual orientation or any other status in violation of any law prohibiting such conduct. Illegal acts of discrimination by a vendor, its servants, agents or employees, are prohibited in the performance of projects for the city, and depending on the seriousness of the conduct, in the city’s sole discretion, may be grounds for termination of a contract without penalty to the city.
“FORMAL BID.” Procedure whereby competitive written, sealed bids are solicited through customary means in connection with the awarding of contracts for the procurement of certain apparatus, supplies, materials and equipment, the estimated costs of which exceed a base amount specified elsewhere in this purchasing policy. Formal bids must be advertised in a manner best selected to reach the widest audience of qualified bidders, including via email to a bidder's list, posting on the South Carolina Business Opportunities website provided by the Materials Management Office of the state, or by public posting. Newspaper advertising may be used if determined by the department head or City Manager to be a cost effective method of reaching potential bidders. Bids shall be submitted in a sealed envelope, opened in public at the appointed time, and recorded in the purchasing records of the city department soliciting the bids. Once opened, these bids are public information, except for any parts designated as proprietary information or trade secrets by the bidder. The city, acting through the City Manager, determines, in its interpretation of applicable law, whether any part of a bid is protected from disclosure as proprietary information or as a trade secret or must be released as public information, but city accepts no legal duty to keep any bid information private.
“GOOD FAITH.” All activities are conducted honestly and ethically and with the observance of reasonable municipal standards of fair dealing.
“PROPOSER.” Refers to each firm that submits a proposal for consideration by the city in compliance with the requirements stated in the request for bids, request for qualifications, request for proposals or request for quotations.
“PURCHASE ORDER (PO).” Created from a purchase requisition, this is a document submitted to a vendor or contractor requesting the purchase of specified goods and/or services for a specified unit price, with a total amount for the order, and when accepted as submitted, constitutes a contract between city and vendor or contractor.
“PURCHASE REQUISITION OR REQUISITION.” A request from a city department to obtain specific goods or services, the cost of which has been provided for in the department's budget.
“QUOTE” or “QUOTATION.” A quote or quotation is defined as a price that is mailed, faxed or e-mailed that includes the following: (1) company name; (2) salesperson or representative's name; (3) telephone and fax number; (4) itemized unit prices; (5) delivery date; and (6) total cost including tax, handling and delivery charges.
“RECURRING COST.” Purchases made on a regular or repetitive basis for the maintenance of city services and/or property.
“REQUEST.” Generally includes a request for bids, request for proposals, request for quotations, request for qualifications or other solicitation.
“REQUEST FOR BIDS, REQUEST FOR PROPOSALS OR REQUESTS FOR QUOTATIONS.” Formal procedure for obtaining bids, proposals or quotations for apparatus, supplies, materials, equipment and commodities.
“REQUEST FOR QUALIFICATIONS.” Formal procedure for requesting written qualifications from licensed providers of professional services, such as architects, engineers, surveyors, attorneys and certified public accountants for specified services to be rendered to the city over a specified period of time.
“SPECIFICATIONS.” The parameters, requirements, and instructions that define the particular item or service that is sought by a department of the city and provides the basis for comparing bids. Specifications are generally incorporated into a contract by reference, to become the successful bidder's legal obligations under the contract.
“STATE.” The State of South Carolina and includes the South Carolina Budget and Control Board.
“STATE PURCHASING.” Group purchasing service provided by the Materials Management Office of the state whereby various commodities and services have been bid out by the state and qualified vendors selected who provide these items to the city at low unit prices that reflect the volume discount negotiated by the state for the benefit of all public bodies in the state.
“SUBCONTRACTOR.” Any qualified person or legal entity named by a general contractor, and approved by the city to perform work or provide services under the supervision and control of the general contractor for a public contract with the city.
“TERM CONTRACT.” A formal agreement between the city and a designated vendor(s) to provide an identified commodity upon request at an established price, and for a specified term.
“VENDOR.” See definition of “CONTRACTOR.” Individual or other validly constituted legal entity, which sells commodities or services to the city pursuant to a contract with the city, or through state purchasing or other approved group purchasing organization.
(Res. 11-003, passed 1-25-11; Am. Ord. 12-028, passed 1-22-13)