(A) It is the town’s policy to develop competition to ensure maximum purchasing value for all procurements and to make awards based on the lowest, responsive, responsible bid/offer received. Nothing in this section shall prohibit a higher level, more stringent procurement method being used if it is determined that the town’s best interest would be better served. No contract or purchase shall be subdivided to avoid the requirements of this section.
(B) Upon verification of adequate monies, procurement of goods and/or services shall be executed as follows:
(1) $1 to $5,000 - administrative process “delegated authority.” Competitive bidding is not required. The department initiating the purchase should exercise good judgment in accordance with this chapter.
(2) $5,001 to 10,000 – verbal quotations.
(a) Competitive pricing is required. The departments will request verbal quotations from vendors in order to obtain competitive pricing. At minimum, three verbal quotes shall be solicited.
(b) The Town Administrator or the Town Comptroller, or designees, must approve before the purchase is made.
(3) $10,001 to $25,000 – written quotations.
(a) Competitive pricing is required. The departments will request written quotations from vendors in order to obtain competitive pricing. At minimum, three written quotes shall be solicited.
(b) The Town Administrator and the Town Comptroller, or designees, must approve before the purchase is made.
(c) Purchases inclusive of grants and those with federal funds shall be referred to the Town Comptroller for processing.
(4) $25,001 to $49,999 – informal solicitations for bids or proposals.
(a) Competitive bidding is required. The Town Council will issue a written Invitation for Bids (IFB), Request for Proposals (RFP), or Request for Qualifications (RFQ) depending on the type of procurement. At minimum, three written bids or responses should be solicited.
(b) The Town Administrator and the Town Comptroller, or designees, must approve before the purchase.
(c) Purchases inclusive of grants and those with federal funds shall be referred to the Town Comptroller for processing.
(5) Purchases $50,000 and over – formal solicitations for bids or proposals.
(a) Competitive, sealed bidding is required; however, approval by Council is required before the purchase is made.
(b) Procurements involving construction may use a construction contracting administration method which is most advantageous to the town and will result in the most timely, acceptable quality, economical, and successful completion of the construction project. The Town Administrator or designees, shall make a determination regarding the appropriate method of construction contracting administration for a particular construction project.
(c) When it is determined that competitive, sealed bidding is either not practical, appropriate, or advantageous, competitive, formal sealed proposals shall be used. Approval by the Council is required before the purchase is made.
(C) Exceptions to bidding include the sole source, professional services, emergency procurements, purchasing cooperatives, multiterm contracts, and critical procurements as defined below.
(1) SOLE SOURCE.
(a) Sole source procurement is acceptable when, after a good faith review of all possible sources, it is determined there is only one viable source for material, supply, or service.
(b) Sole source requests should not be made unless town staff is confident the request is reasonable and appropriately justified.
(c) For sole source procurements between $5,001 and $25,000, at the request of the department manager, the Town Administrator, the Comptroller, or their designees, must approve the written sole source justification prior to the purchase being made. Approval by the Town Administrator, or designee is required for procurements between $25,001 to $50,000.
(2) PROFESSIONAL SERVICES. Professional services shall be advertised formally when services are expected to be $50,000 or greater.
(3) EMERGENCY PROCUREMENTS. The Town Administrator, or designee, may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions or where normal daily operations are affected or in jeopardy.
(4) PURCHASING COOPERATIVES. The State of South Carolina and its agencies, Charleston County and other South Carolina counties, South Carolina municipalities or purchasing cooperatives write numerous indefinite-delivery-type contracts yearly with manufacturers, service providers and contractors for regional and/or nationwide items or services. In all cases, town procurement of equipment, goods or services may be made from suppliers which have contracts in place through the State of South Carolina or one of its agencies, or Charleston County or other South Carolina county, or South Carolina municipality, or the U.S. General Services Administration, or purchasing cooperative, without seeking competitive bids or proposals.
(5) MULTITERM CONTRACTS. Multiterm contracts, also known as indefinite delivery or indefinite quantity contracts, may be used for products, goods, and/or services of such nature that an ongoing annual requirement exists. Where and when such conditions exist, multiterm contracts should be used as much as possible to be in the best interests of the town. Multiterm contracts for supplies and services may be entered into for specified periods of time, not to exceed five years.
(a) Subject to the limitations of this chapter, any type of contract which promotes the best interests of the town may be used, with the exception of cost-plus-a-percentage-of-cost contract which is prohibited. A cost reimbursement, or a cost reimbursement-plus-a-fixed-fee, may be used when it is determined that such a contract would be less costly to the town than any other type, or that it is impracticable to obtain the supplies, services, or construction required except under such a contract.
(b) The town’s best interest shall be served by contracts originated by using competitive prices obtained by: itemized unit measurement with cost, itemized project description breakdown with costs itemized, and lump sum project cost.
(6) CRITICAL PROCUREMENT. The Town Administrator, or designee, may make or authorize procurements that in nature are critical to the town, and time does not permit for solicitation or re-solicitation, and that the procurement may be accomplished in such a method that provides the town’s best interest be served.
(Prior Code, §§ 22-3, 22-4, 22-8, 22-9, 22-10) (Ord. 2020-22, passed 1-19-2021)