The following defined terms, words, and phrases shall have the meanings set forth below whenever they appear in this subchapter, unless the context clearly indicates otherwise. Any inconsistency between the definitions set forth below and the description and intended meaning of these terms, words or phrases as they may appear within the sections and parts of this subchapter is to be reconciled and harmonized, to the fullest extent possible, with each term, word, or phrase being read in the context of the section and part in which it may appear. Any term, word, or phrase utilized within this subchapter and not set forth and defined below shall be given its plain and ordinary meaning while being read in context with the section and part in which it may appear.
ACT OF GOD. An overwhelming, unpreventable act without the intervention of man and occasioned by the forces of nature, the effects of which could not be avoided by the exercise of due care or foresight.
ADDENDA. Additional directions or modifications to the solicitations, which are issued as separate documents after issuance of the solicitations.
ADVANTAGEOUS. In the county's best interests, as solely determined by the county, except as otherwise specified in this subchapter.
AWARD. The acceptance of a bid, offer, or proposal by the proper governmental authority. The County Council shall approve all purchases over the limit established, with the exception of emergency procurements.
BID. An offer to perform a contract for work and labor or supplying materials at a specified time.
BID BOND. A form of security indemnifying the county against a successful bidder's failure to execute the contract documents and proceed with performance.
BID TABULATION. A summation of bids received in response to an Invitation For Bids.
BLANKET PURCHASE ORDER. A purchase order annually used to reduce administrative costs associated with routinely created, small purchase orders.
BOND. A form of security in compliance with the South Carolina statutes which indemnifies the county from various events.
BRAND NAME. A specific make, model or type.
BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, limited liability company, or any other private legal entity.
CAPABILITY. Contractor ability to fully perform the contract requirements at the time of award.
CHANGE ORDER. A written change to the contract documents. It may change the contract sum, time of performance, quantity, or degree of services contemplated in the original contract's intent.
CLARIFICATION. Written or oral communication with a respondent, including demonstrations or questions and answers, for the sole purpose of information gathering, eliminating minor informalities or correcting nonjudgmental mistakes in a bid or proposal.
COMPETITIVE BEST VALUE BIDDING. The procurement process set forth to solicit competitive prices, where other evaluation factors other than price are considered in the determination of award for specific materials or services based on pre-determined criteria identified by the county.
COMPETITIVE SEALED BIDDING. The procurement process set forth to solicit competitive prices.
COMPETITIVE SEALED PROPOSALS. The solicitation process set forth to solicit prices and services.
CONSTRUCTION. A process of building, improving, altering, repairing, remodeling or demolishing any public structure, public building, highway, bridge, public infrastructure facility, or other public improvement of any kind to any real property. CONSTRUCTION does not include the routine maintenance of existing structures, buildings, or real property.
CONSTRUCTION MANAGER. Under a CONSTRUCTION MANAGER type of construction contract relationship format, York County contracts with an individual or entity to serve as its agent in managing the construction process on behalf of its interests throughout the construction project. Two types of relationship format are chosen - one is a pure agency relationship, and the other is a relationship in which the construction manager is “at risk.”
CONTRACT. All types of binding county agreements, regardless of what they may be called, for the procurement or disposal of materials, supplies, services, or construction.
CONTRACT MODIFICATION. Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, the terms and conditions of any contract, or any other provision, accomplished by mutual action of the parties to the contract.
CONTRACTOR. Any person who has a contract with county government.
COOPERATIVE PURCHASING. A procurement conducted by, or on behalf of, more than one public entity.
COUNCIL. The York County Council.
DEBARMENT. An action taken to prohibit a vendor from participating in county procurements.
DEPARTMENT HEAD. The person in charge of any county department or agency, including but not limited to, appointed and elected officials.
DESIGN-BID-BUILD. A project delivery method that includes three linear phases for completing a construction project - engineering and/or architectural design, bidding, and construction. As part of the DESIGN-BID-BUILD project delivery method, the county awards two separate contracts - the first for architectural and or engineering design and bid phase services, and the second for construction according to the design. Under this project delivery approach, the architect/engineer is selected through a qualification-based or competitive best value bidding approach, and the contractor is selected through competitive sealed bidding.
DESIGN-BUILD. The DESIGN-BUILD type of construction contract relationship format is one in which one contractor supplies all of the work involved in the project, including the design. York County provides the performance specifications and the contractor designs and constructs the project consistent with those performance specifications. In a DESIGN-BUILD type of contract relationship format, the contractor may even provide the site as part of the construction contract.
DESIGNEE. A duly authorized representative of the county manager, procurement director or County Council.
EMERGENCY. A threat to public health, welfare, safety, property or other substantial loss to the county.
EMPLOYEE. An individual employed by the county, drawing a salary or wages from the county.
ENCUMBRANCE. To encumber or earmark funds for a particular purchase.
EQUAL. An item or service of the same measure, quantity, amount, or number as the specified item, or is like in quality, nature, or status.
ERRORS AND OMISSIONS INSURANCE. Liability insurance to protect those providers of services from claims arising out of negligent acts, errors or omissions, or breach of the contract during performance of the contractual duties.
EVALUATION FACTORS. Factors which must be stated in the competitive best value bid to be used in award selection and numerical weighting for each factor. Cost must be considered as a factor in the award of the contract and it (cost) must be weighted at least 60% of the overall considerations.
EXCESS FIXED ASSET. Any personal property, which has a remaining useful life, but which no longer is required by the using agency or department in possession of the fixed assets.
FIXED ASSET. Any tangible capital item with a purchase value of $10,000 or more, and a life expectancy of one year or more.
FIXED-PRICE CONTRACT. A price not subject to any adjustments by the contractor in performing a contract.
GRANT. The transfer of funds, property or services to a county governmental unit.
INVITATION FOR BIDS. All documents, whether attached or included, detailing the scope of work and/or technical specifications that are used for soliciting bids.
LEASE. A contract between a lessor and a lessee for the hire of a specific asset. The ownership or asset is retained by the lessor, but the right to use the asset is given the lessee for an agreed period of time in return for a series of payments paid by the lessee to the lessor.
LIQUIDATED DAMAGES. Damages provided under a contract in a sum certain to be awarded to the county if a contractor fails to perform as agreed.
LITIGATION. All judicial, administrative, alternative dispute and mediation proceedings or hearings.
LOCAL FIRM. To be considered local, the firm, company, or entity must operate an office in York County, South Carolina.
MANDATORY BID AMOUNT. The dollar amount at which the formal competitive bid/request process is required, unless an exemption is provided in this subchapter. Also refers to the delegation of authority granted by the County Council to the county manager to approve purchases, sign and execute contracts, approve and execute change orders and leases, when the value is less than the MANDATORY BID AMOUNT.
MATERIALS. All property, including equipment, supplies, printing, insurance and leases of personal property but does not include land or other real property interests.
MINOR INFORMALITY. Mistakes, excluding judgmental errors, that have negligible effect on price, quantity, quality, delivery or other contractual terms, and the waiver or correction of such mistakes does not prejudice other respondents.
MINORITY VENDOR. A vendor that owns a business individually and is a member of a minority group; or a vendor that owns a business through partnership, joint venture, or association, at least 51% owned or controlled by members of a minority group; or a vendor that owns a business in corporate form that is certified to be wholly, or at least 51% owned, or controlled, by members of a minority group.
NOTICE OF AWARD. A letter from a county governmental unit advising the respondent of the award of a contract.
NOTICE TO PROCEED. A letter from the county governmental unit authorizing the contractor to start the work specified in the contract.
OFFER. A proposal of terms, either solicited or unsolicited, made with the purpose of securing or modifying a contract.
OFFEROR. The business or vendor who offers a response to a competitive solicitation.
OPEN PURCHASE ORDER. A purchase order whereby a vendor provides supplies or services on demand or on a prescribed schedule not to exceed a specific 12-month period or dollar amount or the mandatory bid amount.
PARTIAL PAYMENT PURCHASE ORDER. A payment made to a vendor for partial services rendered, or partial items delivered. Upon an invoice, payment for partial services or partial items delivered is deducted from the total amount of the purchase order.
PAYMENT BOND. A form of security required to be provided by a contractor for the protection of claimants supplying labor and/or materials to the contractor or his or her subcontractors.
PERFORMANCE BOND. A form of security provided by a contractor that secures the contractor's obligation to properly complete their work in accordance with the contract.
PERFORMANCE SPECIFICATION. A specification that sets forth a predefined criteria or objective to be met.
PERSON. Any corporation, business, individual, union, committee, club, other organization or group of individuals.
PRIVILEGED AND CONFIDENTIAL INFORMATION. Information in specific detail not customarily released to the general public, the release of which might cause harm to the competitive position of the party supplying the information.
PROCUREMENT. Buying, purchasing, renting, leasing or otherwise acquiring any information, materials, services or construction. PROCUREMENT also includes all functions that pertain to the obtaining of any material, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.
PROCUREMENT DEPARTMENT. The county procurement department or any county governmental unit delegated by the county manager and approved by the County Council to engage in specific procurement activity.
PROCUREMENT DIRECTOR. The employee specifically designated by the county manager to manage and oversee the county's procurement activities.
PROCUREMENT OFFICER. Any person duly authorized by the procurement director to engage in specific limited procurement activity, acting within the limits of authority under this subchapter.
PROFESSIONAL SERVICES. Services appropriate for procurement that require the application of specialized or advanced training, experience, or skills or qualifications in a given field of science or learning generally accepted as a profession, and where the final product or result may not be accurately predicted.
PROPOSAL. A written offer, solicited or unsolicited, for consideration as a basis for awarding or modifying a contract.
PUBLIC NOTICE. The distribution or dissemination of information using methods that are reasonably available to interested parties. Such methods will often include publication in newspapers of general circulation, electronic or paper mailing lists, and web sites designed by the county and maintained for that purpose.
PURCHASE ORDER. A purchaser's document to formalize a purchase transaction with a vendor, conveying acceptance of a vendor's proposal and committing the county to buy goods or services as described on the form.
PURCHASE REQUISITION. A paper document, electronic transmission, or verbal request, whereby a using agency specifies a need, and may include the product description, delivery schedule, suggested sources of supply, and other information.
QUALIFICATIONS-BASED SELECTION. Selection of award based on either a “pure qualifications-based selection” or a combination of qualifications and fees.
QUOTATION. An informal solicitation used to obtain written or verbal responses without formal advertising.
REQUEST FOR PROPOSAL (RFP). All documents, whether attached or incorporated by reference, intended for the solicitation for products and services that are technical and complex in nature, and that do not lend themselves to be included in an Invitation for Bid format. Responses to a RFP may include the submission of proposals based upon a generalized scope of work, with contract award to the responsible person(s) submitting the most advantageous and responsive proposal.
REQUEST FOR QUALIFICATION (RFQ). A method for obtaining professional services. Qualified professional firms are invited to submit statements of interest, and their qualifications and relevant experiences in meeting a specific need for professional services.
RESPONDENT. Any individual, corporation, partnership, or business entity, organization, or agency that responds to an Invitation to Bid, Request for Proposals, or Request for Qualifications.
RESPONSIBLE BIDDER OR PROPOSER. A respondent capable in all respects of fully performing the contract requirements, and the integrity and reliability to assure good faith performance.
RESPONSIVE BIDDER OR PROPOSER. A respondent who has submitted a bid or proposal response conforming in all material respects to the Invitation to Bid, Request for Proposals, or Request for Qualifications.
SELECTION COMMITTEE. A group of persons appointed, as provided in this subchapter and regulations, to rank in preferential order those professional firms interested in providing services on a particular project, and to assist in negotiating a final contract with the highest rated firm approved by the County Council.
SERVICES. The furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than required reports incidental to the required performance. This term shall not include employment agreements.
SOLE SOURCE. The only known vendor or the only reasonable vendor capable of providing a service or commodity to the county or some unique beneficial or economically advantageous service, commodity, and/or property to the county.
SOLICITATION. An Invitation for Bids, a Request for Proposals, a Request for Qualifications, Quotations, or any other invitation or request by which the county invites a person to participate in procurement.
SPECIFICATION. Any description of the physical or functional characteristics, or the nature of a material, service or construction item. SPECIFICATIONS may include a description of any requirement for inspecting, testing, or preparing a material, service or construction item for delivery.
STATE CONTRACT. A contract established by the state's chief procurement officer for a specific product or service for a specified time, and for which it is optional that all governmental bodies procure their requirements for the goods and services during its term.
SUPPLIES. All property, including but not limited to, equipment, materials, printing, insurance, information technology, software packages, and leases of real property, excluding land or a permanent interest in land.
SURPLUS PROPERTY. Any materials, fixed assets, or county property that no longer have any use for the county's needs, and that has been deemed “surplus” by the County Council and/or the procurement director, and designated for disposition.
UNIT PRICE. A price under which the contractor is paid for the selected unit for goods or service.
USING AGENCY. Any county governmental department or office, commission, board, or agency of the county that utilizes any materials, supplies, equipment, services or construction procured.
VENDOR. An actual or potential supplier of an item, service or material.
WRITTEN DETERMINATION. A written decision resolving a question or controversy, or finalizing a position within the limits of authority.
(Ord. 1006, passed 4-17-06; Am. Ord. 3411, passed 10-17-11; Am. Ord. 2014, passed 6-2-14; Am. Ord. 3022, passed 6-20-22; Am. Ord. 6023, passed 11-20-23)
this subchapter.