§ 2-542. Methods of source selection.

Unless otherwise required by law, all county contracts shall be awarded by competitive sealed bidding, pursuant to subsection 2-542(a) (competitive sealed bidding), except as provided in:

(1)

Subsection 2-532(c) (Exemptions);

(2)

Subsection 2-542(b) (Competitive sealed proposals);

(3)

Subsection 2-542(c) (Small purchases);

(4)

Subsection 2-542(d) (Sole source procurement);

(5)

Subsection 2-565(e) (Architect-engineer and land surveying services);

(6)

Subsection 2-542(e) (Energy efficiency performance contracting);

(7)

Subsection 2-542(f) (Competitive online bidding);

(8)

Subsection 2-542(g) (Emergency procurement).

Cancellation of solicitations. An invitation for bids, request for proposals, or other solicitation may be cancelled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it is in the best interest of the county. The reason therefore shall be made part of the contract file.

(a)

Competitive sealed bidding.

(1)

Conditions for use. Contracts greater than $75,000 shall be awarded by competitive sealed bidding except as otherwise provided in subsection 2-542 (methods of source selection).

(2)

Invitation for bids. An invitation for bids shall be issued and shall include a purchase description, and all contractual terms and conditions applicable to the procurement.

(3)

Public notice. Public notice of the invitation for bids shall be given not less than seven days prior to the date set forth therein for the opening of bids. The notice must include publications in the county's central electronic advertising and may include publication in a newspaper of general circulation a reasonable time prior to bid opening.

(4)

Bid opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as may be specified by regulation, together with the name of each bidder shall be recorded; the record and each bid shall be open for public inspection after award.

(5)

Procedure when only one bid or proposal received in response to invitation for bids. If only one responsive bid is received in response to an invitation for bids (including multistep bidding), an award may be made to the single bidder if the purchasing services manager finds that the price submitted is fair and reasonable, and that either other prospective bidders had reasonable opportunity to respond, or there is not adequate time for re-solicitation. Otherwise the bid may be rejected and either:

a.

New bids or offers may be solicited;

b.

The proposed procurement may be canceled;

c.

Or, if the purchasing services manager determines in writing that the need for the supply or service continues, but that the price of the one bid is not fair and reasonable and there is no time for re-solicitation or re-solicitation would likely be futile, the procurement may be completed as a sole source purchase or an emergency purchase if all the requirements are met for sole source or emergency purchase.

(6)

Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this article. Bids may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total life cycle costs. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the invitation for bids.

(7)

Correction or withdrawal of bids; cancellation of awards. Corrections or withdrawals of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. After bid opening no changes in bid prices or other provisions to bids prejudicial to the interest of the county or fair competition shall be permitted. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of bids, or to cancel awards of contracts based on bid mistakes, shall be supported by a written determination made by the purchasing services manager.

(8)

Discussion with bidders. As provided in the invitation for bids, discussions may be conducted with apparent responsive bidders for the purpose of clarification to assure full understanding of the requirements of the invitation for bids. All bids, in the procuring agency's sole judgment, needing clarification must be accorded that opportunity. Clarification of a bidder's bid must be documented in writing by the purchasing services manager or designee and must be included with the bid. Documentation concerning the clarification must be subject to disclosure upon request as required by section 2-523.

(9)

Award. The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event all bids for a construction project exceed available funds as certified by the fiscal officer, and the low responsive and responsible bid does not exceed such funds by more than five percent, the purchasing services manager is authorized in situations where time or economic considerations preclude re-solicitation of work of a reduced scope to negotiate an adjustment in the bid price, including changes in the bid requirements, with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds.

(10)

Multi-step sealed bidding. When it is considered impractical to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have qualified under the criteria set forth in the first solicitation.

(11)

Tie bids. In the event of a tie bid, the purchasing services manager is authorized to make awards on any reasonable basis subject to the governing rules and regulations to prevent identical bidding, and in instances where that does not provide a solution, to reject all bids.

a.

If there is a Dorchester County firm tied with an out-of-county firm, the award must be made automatically to the Dorchester County firm.

b.

Tie bids involving South Carolina produced or manufactured products, when known, and items produced or manufactured out of the state must be resolved in favor of the South Carolina commodity.

c.

Tie bids involving a business certified by the South Carolina Office of Small and Minority Business Assistance as a minority business enterprise must be resolved in favor of the minority business enterprise.

d.

In all other situations in which bids are tied, the award must be made to the tied bidder offering the quickest delivery time, or if the tied bidders have offered the same delivery time, the tie must be resolved by the flip of a coin witnessed by the purchasing services manager. All responding vendors must be invited to attend.

e.

Request for qualifications. Before soliciting bids, the purchasing services division may issue a request for qualifications from prospective bidders.

f.

The request must contain, at a minimum, a description of the scope of work to be solicited by the invitation for bids, the deadline for submission of information, and how prospective bidders may apply for consideration. The request must require information concerning the prospective bidders' product specifications, qualifications, experience, and ability to perform the requirements of the contract. Adequate public notice of the request for qualifications must be given in the manner provided in subsection 2-542(a)(3).

g.

After receipt of the responses to the request for qualifications from prospective bidders, the rank of the prospective bidders must be determined in writing from most qualified to least qualified on the basis of the information provided. Bids then must be solicited from at least the top two prospective bidders by means of an invitation for bids. The determination regarding how many bids to solicit is not subject to review.

(b)

Competitive sealed proposals.

(1)

Conditions for use. When the purchasing services manager determines in writing that the use of competitive sealed bidding is either not practical or not advantageous to the county, a contract may be entered into by competitive sealed proposals.

(2)

Request for proposals. Proposals shall be solicited through a request for proposals.

(3)

Public notice. Public notice of the request for proposals shall be given in the same manner as provided in subsection 2-542(a)(3).

(4)

Proposal opening. Proposals shall be publicly opened and only the names of the offerors disclosed at the proposal opening, Contents of competing offerors shall not be disclosed during the process of negotiation. Proposals shall be open for public inspection as provided in section 2-523 after contract award.

(5)

Discussion with responsible and responsive offerors and revisions to proposals prior to selection of preferred offeror/proposal. As provided in the request for proposals, discussions may be conducted with responsible and responsive offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors except as required by law.

(6)

Procedure when only one proposal is received in response to request for proposals. If only one proposal is received in response to a request for proposals, the purchasing services manager may, as such officer deems appropriate, either make an award or, if time permits, resolicit for the purpose of obtaining competitive sealed proposals.

(7)

Evaluation factors. The request for proposals shall state the evaluation factors in relative order of importance. Unless directed otherwise in writing by the county administrator, cost must be included as an evaluation factor. Other factors may include, but are not limited to, any of the following as determined by the purchasing services manager and requesting department:

a.

Operational costs the county would incur if the bid is accepted;

b.

Quality of the product or service or its technical competency;

c.

Reliability of delivery and implementation schedules;

d.

Maximum facilitation of data exchange and systems integration;

e.

Warranties, guarantees, and return policy;

f.

Vendor financial stability;

g.

Consistency of the proposed solution with the state's planning documents and announced strategic program direction;

h.

Quality and effectiveness of business solution and approach;

i.

Industry and program experience;

j.

Prior record of vendor performance;

k.

Vendor expertise with engagement of similar scope and complexity;

1.

Extent and quality of the proposed participation and acceptance by all user groups;

m.

Proven development methodologies and tools; and

n.

Innovative use of current technologies and quality results.

(8)

Award. Award shall be made to the responsible and responsive offeror whose proposal is determined in writing to be most advantageous to the county. Proposals shall be evaluated by a selection committee, consisting of the purchasing services manager, the deputy county administrator/CFO or designee, and at least one other person designated by the purchasing services manager. Proposals shall be scored or ranked, whichever is most effective for the solicitation, taking into consideration the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.

(c)

Small purchases. Any procurement not exceeding $5,000.00 may be made in accordance with small purchase procedure promulgated by the purchasing services manager, provided, however, that procurement requirements shall not be artificially divided so as to constitute a small purchase under this subsection.

(1)

For those procurements greater than $5,000.00 but less than $25,000.00, three quotes must be obtained. In the event that a department is unable to obtain three quotes, the purchasing services manager may allow an exception to this requirement if he feels it is warranted. However, an informal request for quotes must also be published for a minimum of five business days.

(2)

For those procurements greater than $25,000.00 but less than $75,000.00, three quotes must be obtained and an informal request for quote must be advertised on the county's electronic bidding site for a period of not less than five business days.

(d)

Sole source procurement.

(1)

Conditions for use. A contract may be awarded for a supply, service, or construction item without competition when the purchasing services manager determines in writing that there is only one source for the required supply, service, or construction item. The deputy county administrator/CFO or his designee shall approve the request for a sole source purchase. Any request by an agency or department head that procurement be restricted to one potential source shall be accompanied by a justification form provided by the purchasing services manager and signed by the department head stating why no other source will be suitable or acceptable to meet the needs. A contract of less than or equal to $75,000.00 may be awarded for a supply, service or construction item without competition when the deputy county administrator/CFO, or designee, and the purchasing services manager, or designee determine in writing that there is either only one source for the required supply, service or construction item or that the proposed award to a sole source is permitted, non-competitive procurement as set forth herein. After verification of a sole source vendor, or the justification of a sole source purchase is warranted, the purchasing services manager, or designee, has the authority to negotiate the price, terms and conditions of the procurement. A sole source or non-competitive contract award greater than $75,000.00, for supply, service or construction item is subject to approval by county administrator.

(2)

Term. Sole source authorization forms expire two (2) years from initial approval. At that time, an exploration will need to be conducted to determine whether the vendor is still the sole source provider of the products or services.

(e)

Energy efficiency performance contracting. The purchasing services manager is authorized to enter guaranteed energy, water, wastewater savings contracts as referenced under Section 48-52-660 under the South Carolina Code of Laws.

(f)

Competitive online bidding. Competitive online bidding includes, but is not limited to reverse auctions. When the purchasing services manager determines that online bidding is more advantageous than other procurement methods, he is authorized to solicit bids through competitive online bidding.

(g)

Emergency procurement. Notwithstanding any other provision of this article, the purchasing services manager 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; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances.

( Ord. No. 18-18, 10-1-2018 )