Competitive quotes or bidding are required on all purchases exceeding $5,000 with the following exceptions.
(A) Emergency procurement. Notwithstanding any other provision of this procedure, 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) and (D) 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 $150,000 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 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.
(C) Sole source procurement. The purchase has been classified as sole source procurement and documentation, approved by the Mayor, or his or her designee, 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, 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 must approve prior to ordering.
(E) Professional services (architect/engineering services). It is the policy of the town to publicly announce all requirements for architect-engineer and surveying services and to negotiate such contracts based on demonstrated competence and qualifications at fair and reasonable prices. In the procurement of architect-engineer and land surveying services, the Mayor or his or her designee shall request firms to submit a statement of qualifications and performance data.
(1) The Mayor or his or her designee 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 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 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 Mayor or his or her designee is unable to negotiate a satisfactory contract with the firm considered to be most qualified, negotiations with that firm shall be formally terminated. 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 Mayor or his or her designee shall then undertake negotiations with the third most qualified firm. If the Mayor or his or her designee is unable to negotiate a contract with any of the selected firms, the Mayor or his or her designee may select additional firms in order of their competence and qualifications, and the Mayor or his or her designee shall continue negotiations in accordance with this section until an agreement is reached.
(F) Professional services. The competitive procurement requirements of this section shall not apply to the procurement of professional services where the person employed is customarily employed on a fee basis rather than by competitive bidding such as legal, medical, consulting, real estate, appraiser, auditor or accounting services. The Mayor, or his or her designee, may secure professional services by direct negotiation and selection, taking into account the type of services required, the proximity (location) of the professional providing the services, the capability of the professional to produce the required service within a reasonable time, past performance, and the ability to meet budget requirements. Nothing herein shall be deemed to prohibit the town from using competitive procurement procedures for professional services if the Mayor or his or her designee determines it is in the best interests of the town.
(G) An expenditure may be made without competitive procurement when an item is required for trial use or testing. The Mayor, or his or her designee, shall set forth such determination and the basis therefor in a written statement submitted to Town Council and entered in the minutes of Council.
(H) The following types of expenditures are exempt from the competitive procurement requirements of this section;
(1) Utilities including gas, electric, water, and sewer;
(2) Information technology;
(3) Maintenance and repairs to vehicles, machinery or equipment necessary in providing an essential town service;
(4) Maintenance or service contracts which are made with the manufacturer or authorized service agent;
(5) Replacement parts of existing equipment supplied by the original equipment manufacturer or authorized dealer;
(6) Routine, recurring purchases (e.g., office supplies);
(7) Works of art and holiday decorations for public display; and
(8) Competitive bidding including, but not limited to, reverse auctions.
(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; Am. Ord. 2024-02, passed 3-21-2024)