§ 38.02 AUTHORITY.
   (A)   This chapter is adopted pursuant to and in compliance with South Carolina law and with the authority of Town Council. The Bids and Purchases Committee (“Committee”), as appointed by the Mayor, shall act as the principal public procurement governing authority of the town, unless the full Town Council, by majority vote of a quorum of Council, decides a matter otherwise in advance of any final decision by the Committee. Final actions by the Committee must be by the majority vote of a quorum of the Committee. In the event of a tie vote the matter under consideration will be referred to the full Town Council for resolution. In other words, normally the Committee shall act with full and final authority relative to all procurement matters, pursuant to the specific requirements of this chapter; however, Town Council herein reserves the right to exercise such authority, as deemed appropriate. Specifically, Town Council has the right to assume full and final authority in any procurement matter, but only before a final, majority decision and vote by a quorum of the Committee is placed on the public record. This section is not intended to contravene the appeals process requirement identified in this chapter, when applicable.
   (B)   As used in this chapter, PROCUREMENT is defined as the process and procedure for obtaining goods and services, including all activities from the planning steps including the preparation and processing of a requisition, through receipt and acceptance of delivery and processing of a final invoice for payment. However, Committee authority in procurement does not include the authority to materially alter or amend any contract or agreement approved by a majority vote of Town Council; material alteration and amendment of such contracts and agreements is reserved solely to the Town Council.
   (C)   The Committee of the town delegates to the Town Administrator, or designee, the duties and responsibilities for administering the procurement of all supplies, services, and construction, as well as the management and disposal of surplus supplies and equipment in accordance with this chapter.
   (D)   The Procurement Officer or authorized designee, shall provide for implementation and compliance with all requirements of this chapter in order to maximize the purchasing value of public funds, providing safeguards for maintaining quality and integrity within the procurement system, yet providing for the fair and equitable treatment of all involved in public procurement. The Procurement Officer shall act under the direction of the Chief Financial Officer, or designee, and shall organize and execute all procurement activities for the town as set forth in this chapter.
(Ord. 18010, passed 2-14-18)