For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENCY and USING AGENCY. Includes any department, office, board, commission, or other organizational unit for which the Council has line-item budgetary authority and/or whose affairs or funds are under the fiscal control of the Council, or whose funds are subject to being audited in the annual audit of funds entrusted to the Treasurer of Newberry County.
AWARDING AUTHORITY. The Purchasing Director, the County Administrator or his or her designee, or the County Council, as specified in this chapter as having the final authority to award a bid or make a purchase in a particular situation.
BID BOND. A surety in a form specified in this chapter and in the bid specifications that accompanies a bid submitted by a bidder, to ensure that a successful bidder will enter into a contract with the county and comply with the bid requirements. See § 34.65(C).
BIDDERS LIST. A current file of sources of supply of articles for each category of commodities repetitively purchased for county use.
CONTRACTUAL SERVICES. Includes any telephone, telecommunications, gas, water, electrical light, and power services; towel, window washing, and cleaning service; the rental of equipment and machinery; and all other types of agreements under which the contractor provides services which are required by the county government but are not furnished by its own employees; provided, however, that CONTRACTUAL SERVICES shall not include legal advertising and purchases of space for legal advertising which shall not be subject to the provisions of this chapter. The contracts may be in the form of a CONTRACT under which certain services will be provided for a specified period of time at an agreed upon cost.
HEAD OF DEPARTMENT. The elected official in charge of a department or agency of county government, or the county employee appointed head of a county department by the County Administrator, for those departments not under the direct supervision of an elected official, or the person in charge of a department, board, commission, or agency who was appointed by an outside authority, such as a Magistrate, Veteran's Affairs Officer, and other similarly-situated persons.
IRRESPONSIBLE BIDDER. Includes any bidder or prospective bidder who fails to furnish, upon written request, acceptable proof of his or her responsibility and who, as a vendor or contractor with the county or with other governmental units, has a history of making untimely or unsatisfactory performance of contractual obligations; or who has violated or attempted to violate the provisions of this chapter, or any bidder whom the County Administrator has determined to be an IRRESPONSIBLE BIDDER.
NONAPPROPRIATION CLAUSE. A NONAPPROPRIATION CLAUSE is a contractual provision whereby a contract with the County of Newberry, or any agency or department thereof, which provides for the delivery of goods or services beyond the current budget year, will be terminated without penalty effective at the end of the fiscal year for which funds have been appropriated, unless funds are specifically appropriated for the payments required under the contract for the new budget year, when Council adopts its annual budget.
PAYMENT BOND. A labor and materials PAYMENT BOND satisfactory to the county, executed by a surety company meeting the criteria established by S.C. Code § 29-6-250, as amended, or secured by cash, cashier's check, or unconditional letter of credit issued by a commercial bank in South Carolina, to secure the payment of all persons supplying labor, material, or rental equipment to the contractor or its subcontractors performing work under the contract, or who are otherwise entitled to assert a claim against the bond under S.C. Code §§ 29-6-250 or 11-1-120. As required by S.C. Code § 29-6-250, a PAYMENT BOND is required on all contracts to improve real property when the contract sum is in excess of $50,000, and in its discretion Council may require a PAYMENT BOND when the contract amount is for a lesser amount. The provisions and requirements of S.C. Code §§ 29-6-250 and 11-1-120, and other relevant provisions of the South Carolina Code, as amended from time to time, are incorporated herein by reference.
PERFORMANCE BOND. A PERFORMANCE BOND satisfactory to the county, executed by a surety company meeting the criteria established by the county or by state law, or otherwise secured in a manner satisfactory to the county, in an amount equal to at least 100% of the price specified in the contract, to secure the performance of the contract by the successful bidder.
PERSONAL SERVICES. Include the services of janitorial, office machine repair, elevator repair, or other individuals possessing technical type repair or service skills.
PROFESSIONAL SERVICES. Include the services of architects, attorneys, auditors, certified public accountants, engineers, land surveyors, physicians, and other professionals who are typically licensed by the State of South Carolina and/or by the United States government to provide a professional service.
RESPONSIBLE BIDDER. Includes any bidder who submits a responsive bid; who has furnished, when requested, information and data to establish that his or her financial resources, production or service facilities, service reputation, and experience are adequate to make satisfactory delivery of the supplies, materials, equipment, or contractual services on which he or she bids; and who has not violated, or attempted to violate, any provisions of this chapter. The term does not include any person or organization determined to be an irresponsible bidder.
RESPONSIVE BID. Includes any offer submitted by a responsible bidder on the prescribed form to furnish supplies, materials, equipment, or contractual services in conformity with the specifications, delivery terms and conditions, and other requirements included in the invitation for bids.
SUPPLIES, MATERIALS, AND EQUIPMENT. Include any articles or things which shall be furnished to or used by any county agency or using agency, including, but not limited to, furniture and fixtures, office equipment and supplies, computer hardware and software, telecommunications equipment, automobiles, trucks, equipment used for road construction and maintenance, equipment used for solid waste management, any printing, binding, publication, stationery, forms, laws, codes, journals, and reports.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)