§ 2-581. Pre-litigation resolution of controversies.

(a)

Authority to resolve protested solicitations and awards.

(1)

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 purchasing services manager. The protest shall be submitted in writing within 14 days after such aggrieved person knows or should have known of the facts giving rise thereto.

(2)

Authority to resolve protests. The purchasing services manager shall have authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved bidder, offeror, or contractor, actual or prospective, concerning the solicitation or award of a contract.

(3)

Decision. If the protest is not resolved by mutual agreement, the purchasing services manager shall issue a decision in writing within ten days. The decision shall:

a.

State the reasons for the action taken; and

b.

Inform the protestant of its right to administrative review as provided in this division.

(4)

Notice of decision. A copy of the decision under subsection 2-583(a)(3) shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

(5)

Finality of decision. A decision under subsection 2-583(a)(3) of this section shall be final and conclusive, unless fraudulent, or:

(b)

Authority to debar or suspend. Any person adversely affected by the decision appeals administratively to the procurement appeals board in accordance with this division.

(1)

Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the purchasing services manager, after consultation with the county attorney, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period of more than three years. The same officer, after consultation with the county attorney, shall have authority to suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension shall not be for a period exceeding three months. The authority to debar or suspend shall be exercised in accordance with regulations.

(2)

Causes for debarment or suspension. The causes for debarment or suspension include the following:

a.

Conviction 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;

b.

Conviction 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, and directly affects responsibility as a county contractor;

c.

Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;

d.

Violation of contract provisions, as set forth below, of a character which is regarded by the purchasing services manager to be so serious as to justify debarment action:

i.

Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

ii.

A recent record 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.

e.

Any other cause the purchasing services manager determines to be so serious and compelling as to affect responsibility as a county contractor, including debarment by another governmental entity for cause.

f.

For violation of the ethical standards set forth in South Carolina State Ethics Act.

(3)

Decision. The purchasing services manager shall issue a written decision within 30 days to debar or suspend. The decision shall:

a.

State the reasons for the action taken; and

b.

Inform the debarred or suspended person involved of its rights to administrative review as provided in this division.

(4)

Notice of decision. A copy of the decision under subsection 2-581(b)(3) shall be mailed or otherwise furnished immediately to the debarred or suspended person and any other party intervening,

(5)

Finality of decision. A decision under subsection 2-581(b)(3) shall be final and conclusive, unless fraudulent, or:

a.

The debarred or suspended person appeals administratively to the procurement appeals board in accordance with this division.

(c)

Authority to resolve contract and breach of contract controversies.

(1)

Applicability. This subsection (C) applies to controversies between the county and a contractor and which arise under, or 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 rescission. Using departments shall have responsibility for daily contract administration in consultation with the purchasing services division and the county attorney's office. This section shall not be deemed to supersede the using department's daily contract administration but shall apply in cases of significant controversies where the using department is not successful in resolution.

(2)

Authority. The purchasing services manager is authorized, prior to commencement of an action in a court concerning the controversy, to settle and resolve a controversy described in subsection 2-581(c)(1).

(3)

Decision. If such a controversy is not resolved by mutual agreement, the purchasing services manager shall promptly issue a decision in writing within 30 days. The decision shall:

a.

State the reason for the action taken; and

b.

Inform the contractor of its right to administrative review as provided in this division.

(4)

Notice of decision. A copy of the decision under subsection 2-581(c)(3) shall be mailed or otherwise furnished immediately to the contractor.

(5)

Finality of decision. The decision under subsection 2-581(c)(3) of this section shall be final and conclusive, unless fraudulent, or:

a.

The contractor appeals administratively to the procurement appeals board in accordance with this division.

(6)

Failure to render timely decision. If the purchasing services manager does not issue the written decision required under subsection 2-581(c)(3) within 30 days 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.

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