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Newberry County, SC Code of Ordinances
NEWBERRY COUNTY, SOUTH CAROLINA CODE OF ORDINANCES
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ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
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TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
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§ 34.42 EMERGENCY PURCHASES.
   (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)
§ 34.43 STATE AND FEDERAL PURCHASING, AND OTHER COOPERATIVE PURCHASING.
   (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)
§ 34.44 PURCHASE NEGOTIATIONS.
   (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)
§ 34.45 AFFIRMATIVE ACTION.
   Newberry County will take affirmative steps to assure that disadvantaged business enterprises, small business enterprises, minority business enterprises, and women’s business enterprises are utilized when possible as sources of supplies, equipment, construction and services.
(Ord. 08-16-16, passed 9-21-2016)
§ 34.46 PURCHASE ORDER OR DIRECT PAYMENT NUMBER REQUIRED.
   Any purchase made pursuant to this chapter with funds under the control of the County Treasurer, whether from tax revenues, special source revenues, bond proceeds, or other sources, shall be recorded in the county financial records by purchase order number, or direct payment number, with reference to the quantity and description of each item to be purchased, and the budget account to which the purchase is to be charged, except those items purchased by contract or individually by an employee who seeks reimbursement from the Petty Cash Fund. For contracts involving construction or other improvements to real property, the purchase order may be combined with, or in the form of, a notice to proceed.
(Ord. 01-02-04, passed 1-7-2004)
§ 34.47 SALE OR TRANSFER OF SURPLUS COUNTY PROPERTY.
   (A)   Any items of personal or real property belonging to the county, which are declared by the County Administrator to be obsolete or surplus, may be sold to the highest responsible bidder by advertising for sealed bids or by public auction. Surplus property, in the discretion of the Administrator, may be transferred to other county agencies or transferred to or loaned to entities supported by county funds; in addition, at the discretion of the County Administrator, surplus property may also be traded in or exchanged for other property needed by the county. In connection with the sale of surplus property, the Purchasing Director shall ensure that the procedures described in this section are followed, according to the estimated dollar salvage value of the goods to be sold. Vehicle or heavy equipment trade-ins must be approved by County Council, or its designee.
(Ord. 01-02-04, passed 1-7-2004)
   (B)   The county has determined that the value of used computer equipment after 3 or more years of use is generally less than $100, and there is a risk that confidential county data will be released to the public if computers are sold in the same manner as other surplus county property. If the County Administrator determines that a computer, and its peripherals has reached the end of its useful life to the county and is surplus property, and he or she determines that it has an anticipated surplus sale value of $100 or less, then the County Administrator may authorize the department heads or elected officials to let their employees who used that computer equipment to purchase it, for personal use only, for the value determined, provided that the employee assumes the responsibility for removing all county data from the computer before removing from the county and signs an agreement that the computer equipment will not be resold as all or further transferred outside of his or her immediate family.
   (C)   The County Administrator is authorized to investigate the advantages to the county of selling any of its surplus equipment and property (personal and real) via an appropriately competitive internet sales mechanism, and he or she is authorized to enter into preliminary contracts for the sale of select surplus property, so that he or she can investigate the efficacy of such methods of selling surplus property, including surplus heavy equipment, and report on same to Council. If such methods prove to be advantageous to the county, then further sales via the internet may be authorized by Council.
(Am. Ord. 10-41-05, passed 10-19-2005; Am. Ord. 10-42-06, passed 11-15-2006; Am. Ord. 5-14-2022, passed 7-6-2022)
§ 34.48 PURCHASING FILES.
   (A)   Generally. The Purchasing Director shall develop and maintain a list of vendors who offer supplies, materials, equipment, or contractual services normally required by county agencies. The Purchasing Director shall record on the bidders list any significant history of trade with a vendor, whether favorable or unfavorable, for the purpose of determining whether a given vendor is a responsible bidder. The status of a given vendor may be reviewed from time to time by the Purchasing Director.
   (B)   Catalog file. The Purchasing Director shall develop and update from time to time a file of catalogues for supplies, materials, and equipment normally required by county agencies.
   (C)   Specifications file. The Purchasing Director shall develop and maintain a file reflecting specifications for all standard supplies, materials, and equipment normally used by county agencies. The specifications shall be the sole criteria of acceptability for all items of the types for which they are maintained. Using agencies should not specify additional characteristics on standard items unless the additional specifications (e.g., brand, specific color, unusual size, and the like) are justified to the satisfaction of the Purchasing Director, provided, however, that the Purchasing Director is not authorized to interfere with the performance of the duties of an elected official in the administration of these specifications in the purchasing of equipment, materials, services, and supplies. The Purchasing Director should develop standard nomenclature for the purpose of communication with using agencies concerning their requirements.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
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