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(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)
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)
For the purpose of determining the low vendor, the Purchasing Director shall grant local vendors (those vendors maintaining a place of business in Newberry County) a 2% preference on the amount of their quotation or bid up to a maximum total of $50,000. The preference would not apply to purchases totaling less than $50. Preferences do not apply to either prime or subcontractors as relates to construction contracts nor any item that may be purchased on state contracts. Exception: road paving contracts, a 2% preference on the amount of their quotation or bid up to a maximum total of $800,000. Provided, however, that in the event the procurement is to be made pursuant to state or federal guidelines which prohibit or restrict local preference, then in the circumstances there shall be no local preference.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
(A) By Coordinator.
(1) Generally. In case of an apparent emergency which requires immediate purchase of supplies or procurement of contractual services, the County Administrator or his or her designee shall be empowered to authorize the Coordinator to secure by open market procedure as herein set forth, at the lowest obtainable price, any supplies or contractual services regardless of the amount of the expenditure.
(2) Recorded explanation. A full report of the circumstances of an emergency purchase shall be filed by the Coordinator with the County Administrator or designee.
(B) By head of department. In case of actual emergency, the head of any using department or agency may purchase directly any supplies and services whose immediate procurement is essential to prevent delays in the work of the using agency which may vitally affect the life, health, safety, or welfare of citizens.
(1) Recorded explanation. The head of the department or agency shall send to the Purchasing Director a requisition and a copy of the delivery record together with a full written report of the circumstances of the emergency. The report shall be filed with the County Administrator or designee as provided in division (A)(2) above.
(2) Emergency procedure. The County Council may prescribe by rules and regulations any additional procedures under which emergency purchases by heads of using agencies may be made.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
(A) As an alternative to the procedures described in this section, the Purchasing Director may purchase any supplies, materials, equipment, or contractual services through the State Purchasing Office of the Division of General Services, GSA, or the Houston Galveston Area Council (H-GAC) cooperative purchasing program; provided, however, that any such purchases estimated to cost in excess of $5,000 up to $25,000 in the current budget year, or not exceeding $50,000 if budgeted in the current budget year, shall be approved by the County Administrator or his or her designee, and any such purchase estimated to cost in the aggregate in excess of $25,000 (unbudgeted) or $50,000 (budgeted) in the current budget year shall be approved by County Council. Provided, however, items for which a specific appropriation has been made are deemed to be approved by County Council, and the County Administrator is authorized to purchase same from State Purchasing GSA, or H-GAC. Multiple vehicle purchases are to be considered in the aggregate amount of all the vehicles so purchased by a using agency.
(B) The Sheriff may be authorized under programs administered by the Federal Department of Homeland Security, the Department of Defense, and other programs to purchase certain items from programs approved or administered by the Federal Department of Homeland Security, the Department of Defense, and/or the GSA, or perhaps through other federal agencies, at preferential federal government contract prices, and in the event the Sheriff is authorized to make the purchases, but shall first obtain a purchase order, purchase order number, or direct payment number, as is necessary, from the Purchasing Director and the check for the purchase will be issued through the office of the county's Finance Director, so that the county will have current and accurate records of the expenditures.
(C) Likewise, the Emergency Preparedness Director or other county agencies may be eligible to purchase items from programs administered by the GSA or other federal agency, H-GAC, and in the event, if the price is advantageous to the county, the purchase may be made, subject to approval by the County Administrator or his or her designee, provided, however, that the purchasing county agency shall first obtain a purchase order, purchase order number, or direct payment number, as is necessary, from the Purchasing Director and the check for the purchase will be issued through the office of the county’s Finance Director, so that the county will have current and accurate Purchasing Director records of the expenditures.
(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)
(A) Generally. When lack of price or product competition renders the purposes of competitive bidding ineffective, the Purchasing Director may purchase supplies, materials, equipment, or contractual services through negotiation with a vendor up to $5,000 on his or her authority, and for amounts in excess of that, the Purchasing Director shall consult with and obtain the approval of the County Administrator or his or her designee, provided, however, for sole source purchased to be purchased with special source funds, the elected official in charge of the expenditure of those funds shall be authorized to approve the purchases by the Purchasing Director.
(B) When permissible. Purchase by negotiation may be made when 1 of the following types of conditions exist:
(1) Items are obtained from only 1 source, and there are no acceptable equivalents;
(2) Bids are received, but prices are unreasonable;
(3) Emergencies exist;
(4) A contract already exists on a family of items that must be compatible;
(5) Repair and replacement parts or accessories peculiar to specialized equipment are needed;
(6) Identical bidding is a persistent pattern;
(7) Resale price maintenance is practiced by manufacturers, such as exclusive dealerships or other methods which result in only pre-established, published prices being offered;
(8) There are reasonable indications of collusive bidding; or
(9) Contracts are renewed if provided for in the original bid invitation.
(C) Negotiated purchases. Written records shall be maintained for a period of 3 years of all negotiated bids. The records shall include the name of the vendor, the amount of purchase, the equipment or supplies purchased, and a justification for the negotiated bid.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-41-05, passed 10-19-2005; Am. Ord. 10-42-06, passed 11-15-2006)
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