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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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§ 34.33 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)
§ 34.36 PURCHASES IN EXCESS OF $25,000; USE OF FORMAL BIDDING PROCEDURES.
   (A)   Generally. All purchases of apparatus supplies, materials, equipment, or contractual services, when the estimated cost thereof shall exceed $25,000, shall be made according to prescribed procedures from the lowest responsive, responsible bidder after due notice inviting bids. See exceptions under § 34.16.
   (B)   Notice inviting bids. The Purchasing Director shall invite bids through the following methods:
      (1)   Advertisement in a form prescribed by the County Administrator or his or her designee in a newspaper of general circulation in the county, giving a brief description of the things to be purchased, the time and place where bids will be opened, and a location or telephone number where bid forms and complete specifications may be secured;
      (2)   Written invitations to bid, mailed to all appropriate vendors included in the bidders list (numbering at least 3). The notice inviting bids shall set forth in detail all requirements and conditions which will be considered in awarding the contract; and/or
      (3)   Delivery to interested bidders who specifically request an invitation to bid from the Purchasing Director. The Purchasing Director is authorized to deliver the information to prospective bidders by any of the following methods: in person, by mail, by facsimile (fax), or via the internet.
   (C)   Submission of bids. All bids shall be on an official bid form or attached to a bid form provided by the purchasing department and shall be sealed, marked Sealed Bid, and mailed or otherwise delivered to the Purchasing Director by the time specified in the invitation to bid. Late bids shall not be considered unless the delay was caused by improper handling by county employees. All bids shall be accompanied by a statement of noncollusion from the bidder, in substantially the following form: Bidder certifies under penalty of law that bidder has not colluded with any other person in the submission of this bid to the County of Newberry.
   (D)   Bid surety. Bid surety shall be required as specified in §§ 34.65 et seq. entitled Performance Bonds. For purchases covered under this section, a bid bond or certified check or cash is required as bid surety in the amount of 5%. Each invitation to bid, which shall be publicized, shall state this requirement. The bid bond is returned to unsuccessful bidders shortly after bids are opened and the successful bidder determined. The bid bond of the successful bidder is returned to that bidder when the bidder timely enters into the contract with the county and when any required performance and payment bonds are submitted to and accepted by the county.
   (E)   Opening of bids. All bids shall be opened publicly and tabulated. The tabulation shall be available for public inspection during normal business hours for at least 30 days after the opening of bids.
   (F)   Procedure in case of identical low bids. Before opening of bids, the Purchasing Director shall review with bidders the method of awarding contracts if the lowest responsible bids are identical in material detail. The method shall be to award the bid giving first priority to a bidder with a place of business in Newberry County, and if such is not determinative, then based on the factors set forth in § 34.49(B). If a decision cannot be made on this basis, the County Administrator may direct the Purchasing Director to re-advertise for bids in such situations, or, if practicable, to split the contract between the bidders submitting identical low bids.
   (G)   Forfeiture of bid surety. If the successful bidder does not enter into a contract within 10 days after mailing of notice of award of contract, then as liquidated damages, he or she shall forfeit his or her bid bond or other surety which accompanied his or her bid, unless the county is responsible for the delay. He or she shall also be held liable for any cost in excess of his or her bid surety which the county incurs in awarding the bid to the next lowest bidder or in otherwise purchasing the goods or services elsewhere. All invitations to bid and bid forms will include this language. In such an event, the bid may then be awarded to the next lowest, responsible bidder.
   (H)   Protested solicitations and awards.
      (1)   Right to protest. With regard to any goods or services valued at over $15,000 procured through the sealed bid method only, any actual or prospective bidder, offerer, contractor, or subcontractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Purchasing Director. The protest, setting forth the grievance, shall be submitted in writing within 10 days after the aggrieved persons know or should have known of the facts giving rise thereto.
      (2)   Authority to resolve protests. The Purchasing Director shall have authority, with the advice and consent of the County Administrator or designee, to attempt to settle and resolve a protest of an aggrieved bidder, offerer, contractor, or subcontractor, actual or prospective, concerning the solicitation or award of a contract without cost to the county. This authority shall be utilized in a manner consistent with regulations or laws governing the procurement of supplies, services, and construction for the county.
      (3)   Decision. If the protest is not resolved by mutual agreement, the Purchasing Director shall promptly issue a decision in writing within 5 working days. The decision shall state the reasons for the action taken.
      (4)   Notice of decision. A copy of this decision under division (H)(3) above shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.
      (5)   Finality of decision. A decision under division (H)(3) above shall be final and conclusive, or unless any person adversely affected by the decision requests a review, in writing, setting forth the grievance to the County Administrator, or unless the County Administrator decides to review the decision for his or her own reasons. If not resolved by the County Administrator within 10 working days, the protestant may, within 15 working days from date of the adverse decision is issued, request a review by the County Council. County Council, as soon thereafter as practicable, may review the file and make its decision based solely on the review or it may review the matter de novo, and hold a hearing to review the file and/or to receive the testimony of witnesses, in its sole discretion. The burden of proof in the review by County Council is on the protestant. Council shall determine the particular procedures it wishes to follow in making the review. The decision of the Council on all matters shall be final.
      (6)   Request for review. The request for a review shall not stay the purchase or contract unless the County Administrator or the County Council determines that there is good cause for the stay, or that the stay is advisable based on legal considerations.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
§ 34.37 COMPETITIVE SEALED PROPOSALS.
   (A)   Conditions for use. When the Purchasing Director recommends to the County Administrator or his or her designee and it is determined by the County Administrator or his or her designee that the use of competitive sealed bidding is not practicable or advantageous to the county, competitive sealed proposals may be used.
   (B)   Proposal opening. Proposals shall be opened and only the names of the companies disclosed. Contents of competing offerers shall not be disclosed during the process of negotiation. Proposals shall be open for public inspection after award of the contract. Confidential proprietary material marked as such in the proposal shall not be disclosed.
   (C)   Discussion with responsible offerers. Discussions may be conducted for the purpose of clarification and a full understanding of the requirements. Offerers shall be accorded fair and equal treatment.
   (D)   Evaluation factors. The request for proposal shall state the evaluation factors in order of importance.
   (E)   Award.
      (1)   The award shall be made to the offerer whose proposal is determined to be the most advantageous to the county, taking into consideration the evaluation factors set forth in the proposal.
      (2)   The contract file shall contain the basis on which the award was made.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
§ 34.38 REQUEST FOR QUALIFICATIONS; PROFESSIONAL SERVICES; PUBLIC ANNOUNCEMENT AND SELECTION PROCESS.
   (A)   Public announcement. It is the policy of the county to announce publicly all requirements for professional services and to negotiate the contracts on the basis of demonstrated competence and qualifications at fair and reasonable prices. In the procurement of professional services such as architect, engineer, land-surveying services, and other similar professional services, the Purchasing Director may request firms to submit a statement of qualifications and performance data, or other information relating to the training, competence, and experience of the provider of the services.
   (B)   Selection process. A selection committee composed of 3 members, including the Purchasing Director, the Administrator, or designee, and the head of a using agency in need of the architect-engineer or land-surveying services, or other professional services shall conduct discussions with 3 or more firms, whenever possible, regarding the proposed contract and the relative utility of alternative methods of approach for furnishing the required services and shall select from among them no less than 2 of the firms deemed most qualified to provide the required services. The selection shall be made in order of preference, based on criteria established and published by the selection committee. Provided, however, in the event that the County of Newberry has an ongoing professional relationship with a provider of those services required by the county, the County Administrator, in his or her discretion, may negotiate with the provider for the provision of the required services. Provided further, the County Administrator may select the provider of professional services in any event if the anticipated cost is $25,000 or less and not included with the current budget year, or $50,000 or less if the amount is included in the current budget year. For services in excess of $25,000 when not included with the current budget year, or $50,000 or less if included in the current budget year, the County Council shall select the provider of the services.
   (C)   Negotiation. Except as provided in division (B) above, the Purchasing Director shall negotiate a contract with the advice and consent of the Administrator or his or her designee, with the firm so selected to be the most qualified for architect-engineer, land surveying, or other professional services at compensation, which the Purchasing Director determines in writing to be fair and reasonable to the county. In making this decision, the Purchasing Director shall take into account the estimated value, the scope, the complexity, and the professional nature of the services to be rendered. Should the Purchasing Director be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the Purchasing Director determines to be fair and reasonable to the county, negotiations with that firm shall be formally terminated. The Purchasing Director shall then undertake negotiations with other firms as selected by the committee in the order selected until an agreement is reached. At the completion of negotiations, a tabulation of fees proposed by the organizations solicited will be prepared and mailed or delivered to all interested parties.
   (D)   Competitive bidding. If the County Administrator determines that competitive bidding should be used in the selection of the professional services, the process may be used in lieu of the procedures set forth herein, and in accordance with the bidding procedures set forth elsewhere in this chapter.
(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)
§ 34.39 PURCHASING REVIEW PANEL ABOLISHED.
   The Purchasing Review Panel created in Ordinance 05-04-02 is hereby abolished.
(Ord. 01-02-04, passed 1-7-2004)
§ 34.40 SOLE SOURCE PROCUREMENT.
   A contract may be awarded for a supply, service, or construction item without competition when the Purchasing Director determines that there is only 1 source for the required supply, equipment, service, or construction item.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
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