contact
 
 
 
 

Procurement Code - General Provisions

General Provisions

Determinations

Definitions of Terms Used in this Code

Public Access to Procurement Information
 
 
1. Purpose and Policies
The underlying purposes and policies of this Code are:
a. 
to provide increased economy in District procurement activities and to maximize to the fullest extent practicable the purchasing values of funds while ensuring procurements that are the most advantageous to the District;
b.
to foster effective broad-based competition for public procurement within the free enterprise system;
c.
to develop procurement capability responsive to appropriate user needs;
d.
to consolidate, clarify, and modernize the procedure governing procurement in the District and permit the continued development of explicit and thoroughly considered procurement policies and practices;
e. 
to require the adoption of competitive procurement practices by the District;
f.
to ensure the fair and equitable treatment of all persons who deal with the procurement system of this District which will promote increased public confidence in the procedures followed in public procurement;
g.
to provide safeguards for the maintenance of a procurement system of quality and integrity with clearly defined rules for ethical behavior on the part of all persons engaged in the public procurement process; and
h.
to develop an efficient and effective means of delegating roles and responsibilities.
Back To Top

2. Obligation of Good Faith
Every contract or duty within this Code imposes an obligation of good faith in its negotiation, performance or enforcement. "Good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.
 
3. Application of this Code
a.
General Application. This Code applies only to contracts solicited or entered into after the effective date unless the parties agree to its application to a contract entered into prior to the effective date of this Code.
b.
Application to District Procurement. This Code shall apply to the expenditure of funds by this District under contract, including federal assistance monies, except as specified under the notice on "Compliance with Federal Requirements." It shall also apply to the disposal of District supplies as provided in Supply Management, except real property as defined in Board policy. The provisions of this Code shall apply to procurement of information technology elements.
c. 
Compliance with Federal Requirements. Where a procurement involves the expenditure of federal assistance or contract funds, the District shall also comply with such federal law and authorized regulations as are mandatorily applicable and which are not presently reflected in the Code. Notwithstanding, where the District uses federal assistance or contract funds in procurement, requirements that are more restrictive than federal requirements shall be followed.
d.
Acquisition by Foundation or Eleemosynary Organization. The acquisition of any facility or capital improvement by a foundation or eleemosynary organization on behalf of or for the use of the District which involves the use of public funds in the acquisition, financing, construction, or current or subsequent leasing of the facility or capital improvement is subject to the provisions of this Code in the same manner as any governmental body.
 
4. Purchase of Goods or Services from Entity Using Prison Labor
The District will not knowingly accept any proposals from or procure any goods or services from an entity which employs or uses inmates of a correctional system of another state who are not paid at least the required federal minimum wage for work performed in the manufacturing, processing or supplying of those goods or services. The District reserves the right to terminate any contract if it is subsequently determined that the entity supplying the goods or services has employed or use inmates of a correctional system of another state who are not paid at least the required federal minimum wage for work performed in the manufacturing, processing or supplying of those goods or services.

Back To Top
 
 


The District shall retain written determinations and findings required by the Code in an official contract file. Such determinations shall be documented in sufficient detail to satisfy the requirements of audit.

Back To Top
 
 

Definitions of Terms Used in this Code - The following words, unless the context clearly indicates otherwise, shall mean:

a.  "Information Technology (IT)" means data processing, telecommunications and office systems technologies and services:

  1. "data processing" means the automated collection, storage, manipulation and retrieval of data including: central processing units for micro, mini and mainframe computers. Related peripheral equipment such as terminals, document scanners, word processors, intelligent copiers, offline memory storage and printing systems, data transmission equipment; and related software such as operating systems, library and maintenance routines and applications programs."telecommunications" means voice, data, message and video transmissions, and includes the transmission and switching facilities of public telecommunications systems, as well as operating and network software."office systems technology" means office equipment such as typewriters, duplicating and photocopy machines, paper forms and records, microfilm and microfiche equipment and printing equipment and services.
  2. "services" means the providing of consultant assistance for any aspect of information technology, systems, and networks.

 

b. "Board" means the Board of School Commissioners of Richland County School District One.

c. "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other legal entity.

d. "Change order" means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or other provisions of any contract accomplished by mutual agreement of the parties to the contract.

e. "Procurement Officer" means the person authorized by the Board to make purchases.

f. "Construction" means the process of building, altering, repairing, remodeling, improving or demolishing any public structure or building or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair or routine maintenance of existing structures, buildings or real property.

g. "Contract" means all types of District agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, equipment or construction.

h. "Contract modification" means a written order signed by the Procurement Officer directing the contractor to make changes which the changes clause of the contract authorizes the Procurement Officer to order without the consent of the contractor.

i. "Contractor" means any person having a contract with the District.

j. "Cost effectiveness" means the ability of a particular product or service to efficiently provide goods or services to the District. In determining the cost effectiveness of a particular product or service, the Procurement Officer shall list the relevant factors in the bid notice or solicitation and use only those listed relevant factors in determining the award.

k. "Data" means recorded information, regardless of form or characteristics.

l. "Days" means calendar days. In computing any period of time prescribed by Code or the regulations, the day of the event from which the designated period of time begins to run shall not be included. If the final day of the designated period falls on a Saturday, Sunday, or legal holiday for the District, then the period shall run to the next business day.

m. "Debarment" means the disqualification of a person to receive invitations for bids, or requests for proposals, or the award of a contract by the District, for a specified period of time commensurate with the seriousness of the offense or the failure or inadequacy of performance.

n. "Designee" means a duly authorized representative of a person with formal responsibilities under the Code.

o. "Employee" means an individual receiving any wages, including a salary, from the District.

p. "District" means a governmental entity governed by an elected Board of School Commissioners, which appoints a Superintendent to carry out policies established by the Board. This refers to Richland County School District One hereinafter referred to as the "District".

q. "Grant" means the furnishing by the State or the United States government of assistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award, the primary purpose of which is to procure specified end products, whether in the form of supplies, services, equipment or construction. A contract resulting from such an award shall not be deemed a grant but a procurement contract.

r. "Invitation for Bids" means a written or published solicitation issued by the Procurement Officer or Buyer for bids to contract for the procurement or disposal of stated supplies, services, equipment or construction, which will ordinarily result in the award of the contract to the responsible bidder making the lowest responsive bid.

s. "Procurement" means buying, purchasing, renting, leasing or otherwise acquiring any supplies, services, equipment or construction. It also includes all functions that pertain to the obtaining of any supply, service, equipment or construction, including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration

.t. "Buyer" means any person duly authorized by the District, to enter into and administer contracts and make written determinations and findings with respect thereto. The term also includes an authorized representative of the District within the scope of his/her authority.

u. "Real Property" means any land, all things growing on or attached thereto, including buildings and structures located thereon

.v. "Request for Proposals (RFP)" means a written or published solicitation issued by the Procurement Officer or Buyer for proposals to provide supplies, services, equipment or construction, which will ordinarily result in the award of the contract to the responsible bidder making the proposal determined to be most advantageous to the District. The award of the contract shall be made on the basis of evaluation factors which shall be stated in the RFP, and which shall include but not be controlled solely by the factor of price proposed to be charged.

w. "Services" means the furnishing of labor, time, or effort by a contractor not required to deliver a specific end product, other than reports which are merely incidental to required performance. This term includes consultant services other than architectural, engineering, land surveying, construction management and related services. This term shall not include any employment agreements or services.

x. "Subcontractor" means any person having a contract to perform a particular service for a contractor as a part of the contractor's agreement with the District.

y. "Supplies" means all property, including but not limited to equipment, materials, printing, insurance and leases of real property, excluding real property or an interest in real property other than leasehold interests.

z. "Suspension" means the disqualification of a vendor to receive invitations for bids, requests for proposals, or the award of a contract by the District, for a temporary period pending the completion of an investigation and any legal proceedings that may ensue because a vendor is suspected upon probable cause of engaging in criminal, fraudulent or seriously improper conduct or failure or inadequacy of performance which may lead to debarment.

aa. "Term contract" means a contract established by the Procurement Officer or Buyers for a specific product or service for a specified time and for which it is mandatory that the District procure its requirements for such goods and services during the contract's term. If the District is offered goods and services at a price that is ten percent less than the term contract price for the same goods and services, it may purchase from the vendor offering the lower price after first offering the vendor holding the term contract the option to meet the lower price. If the vendor holding the term contract meets the lower price, then the District must purchase from the contract vendor. A term contract may be a multi-term contract as provided in III.E.3.

Back To Top
 
 
  1. Public Access to Procurement Information. Procurement information shall be a public record to the extent required by Chapter 4 of Title 30 (The Freedom of Information Act) of the South Carolina Code with the exception that commercial or financial information obtained in response to a "Request for Proposals" which is privileged and confidential need not be disclosed. Privileged and confidential information is 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. Examples of this type of information would include:
 

Customer lists;

Design recommendations and identification of prospective problem areas under a RFP;

Design concepts, including methods and procedures;

Biographical data on key employees of the bidder.

Evaluative documents pre-decisional in nature such as inter- or intra-agency memoranda containing technical evaluations and recommendations are exempted so long as the contract award does not expressly adopt or incorporate the inter- or intra-agency memoranda reflecting the pre-decisional deliberations.

At the time of submitting a proposal or bid, the party supplying a bid or proposal must identify any portions of the proposal or bid considered by the party to be a trade secret and thus eligible to be withheld from public inspection and copying. If the information identified by a party is a trade secret as defined in S.C. Code Ann. § 30-4-40(a)(1), it may be withheld from public inspection and copying. If the party fails to identify information as a trade secret, the entire bid or proposal is to be made available for public inspection and copying.

Back To Top