(A) Expenditures of $1,000 or more. A purchase order signed by the Purchasing Agent must be obtained before placing an order, and the Purchasing Agent will be responsible for keeping a file of all PO’s.
(B) Expenditures of $5,000 or more.
(1) On expenditures of $5,000 or more, the Purchasing Agent shall obtain three written bids. These bids may come from advertising, invitation, use of catalogs, brochures, proposals or other written materials.
(2) Less than three will be accepted only when the bid request has been advertised, or if state purchasing is used. The Purchasing Agent shall have authority to join with other units of government in cooperative purchasing, or state purchasing plans, when the best interest of the town would be served without the formality of publication and receiving competitive bids.
(C) Expenditures of $10,000 or more.
(1) Pertains to all sealed bids.
(a) Sealing. Bids shall be submitted to the Purchasing Agent securely sealed in an envelope, and shall be identified on the envelope in accordance with bid instructions.
(b) Opening. Bids shall be opened in public at the time and place stated in the public notices.
(c) Tabulation. A tabulation of all bids received shall be available for public inspection.
(2) Pertains to all bids.
(a) Rejection of bids. The Purchasing Agent shall have the authority to reject all bids, parts of all bids, or all bids for any one or more supplies or contractual services included in the proposed contract, when the public interest will be served thereby.
(b) Bidders in default to town. The Purchasing Agent shall not accept the bid of a vendor or contractor who is delinquent in the payment of tax, license, or other moneys due the town.
(c) Lowest responsible bidder. Contracts shall be awarded to the “lowest responsible bidder,” in addition to price, the Purchasing Agent shall consider the following:
1. The ability, capacity and skill of the bidder to perform the contract or provide the service required;
2. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
3. The character, integrity, reputation, judgement, experience and efficiency of the bidder;
4. The quality of performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
7. The quality, availability and adaptability of the supplies or contractual services to the particular use required;
8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
9. The number and scope of conditions attached to the bid;
10. The Purchasing Agent shall award the contract to local vendors if deemed in the best interest of the town.
(d) Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the Purchasing Agent and filed with the papers relating to the transaction and held for a period of not less than twelve months.
(e) Performance bonds. The Purchasing Agent shall have the authority to require a performance bond, before entering into a contract, in such form and amount as he shall find reasonably necessary to protect the best interest of the town.
(f) Payment bond/labor material bond. The Purchasing Agent may require a payment bond and a labor and material bond before entering into a contract, in such form and amount as he shall deem.
(g) Equal opportunity. Equal opportunity to businesses in which the majority ownership is by disadvantaged and/or female persons. The Purchasing Agent shall affirmatively ensure that all business enterprises in which a majority of the ownership is by disadvantaged persons and/or women will be afforded full and equal opportunity to submit proposals in response to a request for bids, and will not be discriminated against on the grounds of gender, race, color or national origin in consideration for an award.
(h) Independent cost analysis. In order to comply with Federal and state grant requirements an independent cost analysis will be obtained prior to solicitation. An independent cost analysis is a tool for measuring cost reasonableness.
(i) Right to protest. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a; contract may protest to the procurement director, except as otherwise stated in this ordinance. The protest shall be submitted in writing within seven calendar days after such aggrieved prospective bidder, offeror, or contractor knows or should have known of the facts giving rise thereto.
(j) Authority to resolve protests. The Purchasing Agent shall have authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest by an aggrieved bidder; offeror, or a contractor, actual or prospective, concerning the solicitation or award of a contract.
(k) Decision on protests. If the protest is not resolved by mutual agreement, the Purchasing Agent shall issue a decision in writing within ten calendar days. The decision shall:
1. State the reasons for the action taken; and
2. Inform the protestant of the protestant's rights to appeal the decision of the Purchasing Agent as provided in this section;
(l) Notice of decision on protests. A copy of the decision shall be mailed or otherwise furnished to the protestant.
(m) Finality of decision on protests. A decision shall be final and conclusive, unless a business adversely affected by the decision appeals administratively to the Town Council in accordance with this section.
(n) Authority to debar or suspend. After reasonable notice to the business or person involved and reasonable opportunity for that business or person to be heard, the Purchasing Agent shall have authority to debar a business or person for cause from consideration for award of contracts. The procurement director, shall also have the authority to suspend a business or person from consideration for award of contracts if there is probable cause to believe that the business or person has engaged in any activity which might lead to debarment. The period of debarment or suspension shall be as prescribed as appropriate by the procurement director.
(o) Causes for debarment or suspension. The causes for debarment or suspension shall include, but not be limited to, the following:
1. Conviction of a business or any of its principal officers or employees for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract; or in the performance of such contract or subcontract;
2. A determination by the Purchasing Agent that the business, as an offeror or bidder engaged in misuse of the town's protest procedure, including, but not limited to, the filing of frivolous protests or appeals, the filing of protests or appeals whereby it is clear that the basis of an appeal would not result in the protestant being awarded a contract under a solicitation, or the; filing of protests or appeals intended to cause delay in awarding a contract;
3. A determination by the Purchasing Agent that the business as an offeror or bidder engaged in collusion or other anti-competitive practices;
4. Conviction of a business or any of its principal officers or employees under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, or directly affects; responsibility as a town contractor;
5. Conviction of a business or any of its principal officers or employees under state or Federal antitrust statues arising out of the submission of bids or proposals;
6. Violation by a business or any of its principal officers or employees of contract provisions of a character which is regarded by the Purchasing Agent to be so serious as to justify debarment action;
7. Deliberate failure of thef business without good cause to perform in accordance with the specifications or within the time limit provided in a contract with the town;
8. A recent record by the business of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment;
9. Any other cause the; Purchasing Agent determines to be so serious and compelling as to affect responsibility as a town contractor/including debarment by another governmental entity for cause; or
10. For violation by a business or any of its principal officers or employees of the ethical standards set forth in S.C. Code 1976, Title 8, Chapter 13, as amended (the State Ethics Act);
(p) Decision on debarment or suspension. The Purchasing Agent shall issue a written decision to debar or suspend. The decision shall:
1. State the reasons for the action taken; and
2. Inform the debarred orsuspended business or person involved of business or person's rights to administrative review as provided in this chapter.
(q) Notice of decision on debarment or suspension. A copy of the decision shall be mailed or otherwise furnished to the debarred orsuspended business or person. Such notice shall be deemed received three calendar days after such mailing, or on the day of actual delivery.
(r) Finality of decision on debarment or suspension. A decision under this ordinance shall be final and conclusive, or unless the debarred or, suspended business or person submits a timely appeal to the Purchasing Agent in accordance with this section. Debarment is not stayed pending appeal.
(s) Contract and breach of contract controversies.
1. Applicability. This division applies to controversies between the town and a contractor and which arise under, of by virtue of, a contract between them. This includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or revision.
2. Authority. The Purchasing Agent is authorized, prior to commencement of an action in a court concerning the controversy, to settle and resolve a controversy described in divisions 1. above.
3. Decision. If such a controversy is not resolved by mutual agreement, the Purchasing Agent shall promptly issue a decision in writing. The decision shall:
A. State the reason for the action taken; and
B. Inform the contractor of the contractor's rights to administrative review as provided in this chapter;
4. Notice of decision. A copy of the decision under division 3. above shall be mailed to the contractor.
5. Finality of decision. The decision under division 3. above shall be final and conclusive, unless fraudulent, or unless the contractor submits a timely appeal to town council in accordance with this chapter.
6. Failure to render timely decision. If the Purchasing Agent does not issue the written decision required under division 3. above within a reasonable time after written request for; a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision had been received.
(t) Finality and appeal of procurement director's decisions. The decision of the Purchasing Agent shall be final unless appealed to Town Council by either the town or the business or person, within ten days after service of notice of the procurement director's decision, using the same time criteria above; if such a decision is appealed to Town Council, Town Council shall review the records and without further hearing affirm, modify, or deny the appeal in open session. The decision of Town Council shall be final and any stay that may be instituted shall be lifted at that time. Service of notice of the decision of Town Council may be accomplished by delivery in person or by mailing, and shall be complete when either delivered in person or placed in the mail. Service may be made either to the business or person or to the business or person's attorney;
(u) Stay of procurement during protest or appeal. In the event of a timely protest under this section, the town shall not proceed further with the solicitation or with the award of the contract until a final decision has been made and the time for appeal has expired, unless the Procurement Director, after consultation with the head of the using department makes a written determination that the award of the contract is necessary to protect substantial interests of the town;
(v) Solicitations or awards in violation of the law. The provisions of this division apply where it is determined by the procurement director, or upon administrative review, and in the town's sole discretion, that a solicitation or award of a contract is in violation of law.
1. Remedies prior to award. If prior to award, it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be: cancelled; revised to comply with the law and rebid; or revised to comply with the law and awarded in a manner that complies with the provisions of this chapter.
2. Remedies after an award, if after an award of a contract, it is determined that the solicitation or award is in violation of law, then:
A. If the business awarded the contract has not acted fraudulently or in bad faith:
i. The contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of the town; or
ii. The contract may be terminated and the business awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract prior to the termination.
B. If the business awarded the contract has acted fraudulently or in bad faith:
i. The contract may be declared null and void; or
ii. The contract may be ratified and affirmed if such action is in the best interest of the town, without prejudice to the town's right to such damages as may be appropriate.
(D) Expenditures of $5,000 or more must be approved by Council.
(E) The Purchasing Agent shall keep a tabulation sheet for all written bids.
(Ord. 94-02, passed 3-28-94; Am. Ord. 18-13, passed 6-4-18; Am. Ord. 18-20, passed 11-5-18)