CHAPTER 34: PURCHASING
Section
General Provisions
   34.01   Definitions
   34.02   Purchasing Director
Competitive Bidding Policy
   34.15   Generally
   34.16   Award of contract
Procedural Requirements
   34.30   Centralized purchasing required
   34.31   Procedural regulations
   34.32   Purchases up to $500; discretionary
   34.33   Purchases over $500 and up to $2,000; solicitation of quotations
   34.34   Purchases over $2,000 and up to $5,000; open market procedure
   34.35   Purchases over $5,000 and up to $25,000; modified open market procedure
   34.36   Purchases in excess of $25,000; use of formal bidding procedures
   34.37   Competitive sealed proposals
   34.38   Request for qualifications; professional services; public announcement and selection process
   34.39   Purchasing Review Panel abolished
   34.40   Sole source procurement
   34.41   Local preference
   34.42   Emergency purchases
   34.43   State and federal purchasing, and other cooperative purchasing
   34.44   Purchase negotiations
   34.45   Affirmative action
   34.46   Purchase order or direct payment number required
   34.47   Sale or transfer of surplus county property
   34.48   Purchasing files
   34.49   Exceptions
   34.50   Personal interests
   34.51   Purchase of surplus equipment
Performance, Payment, and Bid Bonds; Miscellaneous Provisions
   34.65   Performance, payment, and bid bonds, and proof of insurance coverage
   34.66   Charges for plans and specifications
   34.67   Retainage
   34.68   Contracts to be used
   34.69   Time limits
   34.70   Change orders
   34.71   Placement and operation of vending machines, food services, pay telephones, and other concessions on county property
Concluding Provisions
   34.85   County Administrator
   34.86   Nonappropriation clauses
   34.87   Restoring bidder to bidders list
   34.88   Incorporation of state law
GENERAL PROVISIONS
§ 34.01 DEFINITIONS.
   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)
§ 34.02 PURCHASING DIRECTOR.
   (A)   Position established. There is hereby established within the administrative services section of county government the position of Purchasing Director. The Purchasing Director shall be subject to the provisions of the county's personnel policies and procedures and shall perform the duties enumerated pursuant in this chapter under the supervision of the Administrator or designee. The Purchasing Director is also subject to any applicable provisions of state law.
   (B)   Further duties. The Purchasing Director shall:
      (1)   Purchase all supplies, materials, equipment, and contractual services required by county agencies and using agencies and perform the purchasing-related functions required of the Purchasing Director herein;
      (2)   Negotiate contracts for goods and personal services and submit them for approval and award as provided herein;
      (3)   Use standard specifications wherever they are applicable for purchase orders and contracts and ensure compliance with the specifications through adequate inspection of deliveries;
      (4)   Transfer between departments and agencies supplies, materials, and equipment, which are no longer needed by a holding department and agency but which can be used by the receiving department and agency;
      (5)   Exchange, trade in, or sell those supplies, materials, and equipment which are surplus, obsolete, or unused and which are found by the County Administrator not to be required for public use, as provided in § 34.47;
      (6)   Develop, with the approval of the County Attorney as to legal sufficiency, standard forms and conditions of invitation to bid, purchase orders, and contracts; and prescribe the use by departments and agencies of other forms required in carrying out the provisions of this chapter; and amend or eliminate any such forms;
      (7)   Upon request of County Council, and subject to its approval of each transaction, perform those functions delegated by Council to the Purchasing Director in connection with acquisition and disposal of real property; and
      (8)   Prepare and maintain current bidders lists.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
COMPETITIVE BIDDING POLICY
§ 34.15 GENERALLY.
   (A)   All public purchases shall be made in a manner which provides for the greatest economy for the taxpayer, the fairest selection of vendor, and the prevention of conflicts of interest.
   (B)   Toward this end, it shall be the policy of the county that, whenever practical, and except as otherwise noted herein, goods and services required by county agencies shall be procured through competitive bidding when the expected cost is to be $25,000 or greater in the budget year for which funds are appropriated.
   (C)   Other, less formal, procedures are set forth for use when the expected cost is less than $25,000 in the budget year for which funds are appropriated.
(Ord. 01-02-04, passed 1-7-2004)
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