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Newberry County Overview
Newberry County, SC Code of Ordinances
NEWBERRY COUNTY, SOUTH CAROLINA CODE OF ORDINANCES
OFFICIALS OF NEWBERRY COUNTY, SOUTH CAROLINA
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 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)
§ 34.16 AWARD OF CONTRACT.
   (A)   Except as otherwise provided in this chapter, all contracts shall be awarded to the lowest responsive, responsible bidder whose bid complies materially with the specifications publicized.
   (B)   The County Administrator may, however, upon the advice and recommendation of the Purchasing Director, refuse all bids or may refuse any bid that is not responsive or is not from a responsible bidder or for any other reason justified by this chapter and may direct the Purchasing Director to re-advertise for bids, if required, if the public interest would be served thereby; provided, however, that if the County Administrator shall refuse all bids, he or she shall retain, for county records, a written explanation of the reasons therefor.
   (C)   If in the best interest of the county, the awarding authority may authorize an award of a bid, quotation, or contract that is not the lowest but is submitted by a more responsive or responsible bidder. See § 34.49(B).
   (D)   Bids of $25,000 or less, and bids not exceeding $50,000 established in the current budget year, shall be subject to review and approval by the Administrator or his or her designee.
   (E)   Bids exceeding $25,000 and not included in the current budget year, or bids not exceeding $50,000 as shown in the current budget year, shall be subject to review and approval by County Council; provided that these amounts may be increased or decreased by appropriate provision in the annual budget ordinances, or by resolution of Council.
   (F)   (1)   It is the intent of this chapter that County Council shall have an oversight role in the selection of successful bids in excess of $25,000 if not included in the current budget year, or bids of $50,000 or less if included in the current budget year, and that County Council shall evaluate and approve the ultimate selection publicly.
      (2)   The provisions of this section shall also apply to contracts awarded on the basis of requests for proposals or request for qualifications.
      (3)   The County Administrator must sign all contracts on behalf of the county, except those routine maintenance agreements or other routine purchasing agreements which have been delegated to the Purchasing Director or other designee to execute on behalf of the county, or except as otherwise provided herein.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006; Am. Ord. 5-14-2022, passed 7-6-2022)
PROCEDURAL REQUIREMENTS
§ 34.30 CENTRALIZED PURCHASING REQUIRED.
   As required by S.C. Code §§ 4-9-160 and 11-35-50, as amended, it shall be the policy of the Newberry County Council that goods and services required by county government, including all of its county departments and agencies, shall be procured by the use of centralized purchasing procedures unless specifically exempted by County Council or by state statute.
(Ord. 01-02-04, passed 1-7-2004)
§ 34.31 PROCEDURAL REGULATIONS.
   (A)   Purchasing Director to prepare. The Purchasing Director is hereby authorized to prepare administrative procedures to amplify the provisions of this chapter and, with the advice and consent of the County Administrator, the administrative procedures shall be implemented and distributed to the various county departments and offices, the procedures including, but not limited to:
      (1)   The procedure for handling bids, including their custody and safeguarding; opening and tabulation; rejection and re-advertising; and the procedure for determining the lowest responsible bidder;
      (2)   The procedure for securing from bidders and prospective bidders the data necessary to determine whether or not they are responsible;
      (3)   The procedure for inspection of deliveries of supplies, materials, equipment, and contractual services;
      (4)   The procedure for reporting receipt of deliveries of supplies, materials, equipment, and contractual services;
      (5)   The procedure for submitting requisitions for the supplies, materials, equipment, and contractual services required by the using agencies;
      (6)   The procedure for making emergency purchase;
      (7)   The procedure for control and safeguarding of supplies, materials, and equipment in storerooms or at storage points;
      (8)   The procedure for determining from heads of using departments estimated future requirements for supplies and services needed on a recurring basis; and
      (9)   Any matters as may be necessary to give effect to provisions of this chapter and any amendments thereto.
   (B)   Copy available. A copy of the administrative procedures shall be distributed to all operating departments and offices, and shall be available in the Purchasing Director's office and shall be open to public inspection during regular business hours.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
§ 34.32 PURCHASES UP TO $500; DISCRETIONARY.
   (A)   Purchases up to and including $500 can be made at the discretion of the Purchasing Director, who is expected to use vendors who have proven to provide low prices, quality supplies, and prompt delivery to the county.
   (B)   The Purchasing Director shall approve the purchase by signing the purchase order form.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
§ 34.33 PURCHASES OVER $500 AND UP TO $2,000; SOLICITATION OF QUOTATIONS.
   All purchases of supplies, materials, equipment, or contractual services, when the estimated cost thereof shall exceed $500 but shall not exceed $2,000 in the current budget year, shall be made after solicitation of quotations by telephone or by request for written quotation by letter, by fax, over the internet, or through a catalog and a record kept of each quotation so obtained. The Purchasing Director shall endeavor to contact at least 3 vendors on the bidders list and purchase the required goods or services from the lowest responsible, responsive vendor. Provided, however, that the County Administrator may require that vendors submit written bids or quotations when the procedure is deemed by him or her to be in the public interest. The Purchasing Director shall approve the purchase by signing the purchase order form.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
§ 34.34 PURCHASES OVER $2,000 AND UP TO $5,000; OPEN MARKET PROCEDURE.
   For all purchases of supplies, materials, equipment, or contractual services, when the estimated cost thereof shall exceed $2,000 but shall not exceed $5,000 in the current budget year, the Purchasing Director shall solicit written quotations from vendors in the bidders list, which may be obtained by letter, by fax, over the internet, or through a catalog, with any oral quotations promptly confirmed in writing, and a record kept of all quotations obtained. The Purchasing Director shall not be required to advertise publicly to invite bids, proposals, or qualifications. Provided, however, that the County Administrator or his or her designee may, at his or her discretion, require formal bidding procedures to be utilized when the procedures are in the public interest. The Purchasing Director shall approve the purchase by signing the purchase order form.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
§ 34.35 PURCHASES OVER $5,000 AND UP TO $25,000; MODIFIED OPEN MARKET PROCEDURE.
   For all purchases of supplies, materials, equipment, or contractual services, when the estimated cost thereof is in a range from $5,000 up to $25,000 in the current budget year, the County Administrator has the discretion to direct the Purchasing Director to either solicit written quotations from vendors in the bidders list, or to request sealed bids from responsible vendors who are either on the bidders list or who otherwise express a desire to bid on the proposed purchase. The Purchasing Director shall not be required to advertise publicly to invite bids, proposals, or qualifications, but the County Administrator may direct the public advertisement, in his or her discretion. Provided further, however, that the County Administrator or his or her designee may, at his or her discretion, require formal bidding procedures to be utilized when the procedures are deemed by him or her to be in the public interest. When the purchase is approved by the County Administrator, the Purchasing Director shall complete the purchase by signing the purchase order form.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
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