Competitive quotes or bidding are required on all purchases exceeding $2,000 with the following exceptions.
(A) Emergency procurement. Notwithstanding any other provision of this procedure, the purchasing agent, the Mayor, or his or her designee, may make an emergency procurement when there exists a threat to public health, welfare or safety under emergency conditions or where normal daily operations are affected. The purchasing limits, as provided for in the informal purchase procedures in division (C), (D) and (E) of this section, will be suspended during the emergency situation to prevent an interruption or delay in emergency response. The maximum amount of the emergency purchase will be limited to $100,000 for such emergency purpose. Purchases above this amount will require approval by a quorum of Town Council.
(B) Procurement without competitive bidding. The state and its agencies, including South Carolina counties and municipalities, write numerous indefinite-delivery-type contracts yearly with manufacturers, service providers, and contractors for regional and/or nationwide items, construction projects, or services. In all cases, town procurement of equipment, goods, or services may be made from suppliers which have current contracts in place through the state or one of its agencies, including South Carolina counties or municipalities, without seeking competitive bids or proposals. Also, the purchasing agent, the Mayor, or his or her designee, may procure from the private or public sector supplies, services, or construction items whenever such procurement may be obtained at or below the price established by the state purchasing division for an identical item in accordance with this chapter.
(C) Sole source procurement. The purchase has been classified as sole source procurement and documentation, approved by the purchasing agent, filed with any quote received by the vendor. As much competition amongst providers shall be sought when possible. A purchase may be classified as sole source for one of the following reasons:
(1) There is only one vendor that can provide a specific product or service;
(2) A brand or make has been established for conformity, to standardize equipment, improve maintenance, or other similar reasons; or
(3) A specific brand has been established based on reviews, testing, availability, ability to work with other owned products, or other similar reasons.
(D) Sensitive procurement. When it is determined that unlimited solicitation may jeopardize sensitive operations, a limited solicitation shall be authorized, with such competition as practicable under the circumstances. Unless otherwise authorized by the Mayor and Council, sensitive procurement shall be limited to legal services, financial services to include financial advisors and rate consultants, or administrative services. In all such cases, the Mayor and Council must approve prior to ordering.
(E) Professional services. It is the policy of the town to publicly announce all requirements for architect-engineer and to negotiate such contracts on the basis of demonstrated competence and qualifications at fair and reasonable prices. In the procurement of architect-engineer and land surveying services, the purchasing agent, the Mayor or his or her designee shall request firms to submit a statement of qualifications and performance data.
(1) The purchasing agent, the Mayor or his or her designee and a member of Council shall conduct discussions with no less than three firms, except when fewer respond. The firm deemed most qualified to provide the required services will be selected.
(2) The selection shall be made in order of preference, based on criteria established and published by the purchasing agent. The purchasing agent, the Mayor or his or her designee shall negotiate with the highest qualified firm for architect-engineer or land surveying services at a compensation which is considered to be fair and reasonable to the town. In making this decision, the purchasing agent, the Mayor or his or her designee shall take into account the established value, the scope, the complexity, and the professional nature of the services to be rendered.
(3) If the purchasing agent, the Mayor or his or her designee is unable to negotiate a satisfactory contract with the firm considered to be most qualified, Council will be notified and negotiations with that firm shall be formally terminated. The purchasing agent, the Mayor or his or her designee and a member of Council shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the purchasing agent, the Mayor or his or her designee and a member of Council shall then undertake negotiations with the third most qualified firm. If the purchasing agent, the Mayor or his or her designee is unable to negotiate a contract with any of the selected firms, the purchasing agent, the Mayor or his or her designee may select additional firms in order of their competence and qualifications, and the purchasing agent, the Mayor or his or her designee and a member of Council shall continue negotiations in accordance with this section until an agreement is reached.
(F) The following types of expenditures are exempt from the competitive procurement requirements of this section;
(1) Utilities including gas, electric, water, and sewer;
(2) Maintenance and repairs to vehicles, machinery or equipment necessary in providing an essential town service;
(3) Maintenance or service contracts which are made with the manufacturer or authorized service agent (not including groundskeeping, landscaping, arborist or other similar services and/or service contractors which are not exempt);
(4) Replacement parts of existing equipment supplied by the original equipment manufacturer or authorized dealer;
(5) Routine, recurring purchases (e.g., office supplies); and
(6) Legal/attorney services excluding lobbying services.
(Ord. 2012-16, passed 11-15-2012; Ord. 2015-03, passed 3-19-2015; Am. Ord. 2017-06, passed 5-18-2017; Am. Ord. 2019-13, passed 1-16-2020)