ORD 2016-11 Adopted ORDINANCE NO. 2016-11
AN ORDINANCE AMENDING PURCHASING PROCEDURES FOR THE CITY OF
NORTH AUGUSTA BY REVISING CHAPTER 2, ENTITLED "ADMINISTRATION",
ARTICLE XI. ENTITLED, "PURCHASING."
Be it ordained by the Mayor and City Council of the City of North Augusta,
South Carolina, in meeting duly assembled and by the authority thereof, that:
Article IX. of said Code of Ordinances of the City of North Augusta currently
existing Sections 2-250 through Section 2-261 is amended as follows:
Section 2-250. Unchanged
Section 2-251 Unchanged
Section 2-252 Unchanged
Section 2-253 Unchanged
Section 2-254 Unchanged
Section 2-255 Sealed Bid Procedures
Such section remains unchanged with the exception of (13) — Waiver of
Purchasing Formalities). Such section shall be amended by deleting as
currently written and replacing with the following:
Section 2-255 (13) Waiver of Purchasing Formalities
The City Administrator, as Purchasing Agent, is vested with the right to
waive all purchasing formalities when, in the opinion of the purchasing
agent, the best interest of the City would be served. This authority can be
exercised by the City Administrator for purchases/contracts of an amount less
than $20,000.00 without formal Council approval. However, in the event
that the City Administrator deems it to be in the best interest of the City to
waive such purchasing formalities on a purchase/contract in excess of
$20,000.00, such action would require formal approval by City Council at a
public meeting. In the event of a decision by the City Administrator to either
waive, or recommend the waiving of purchasing formalities to Council, the
Administrator shall file a written report setting forth the basis indicating
reasons for such waiver.
Section 2-256 Unchanged
Section 2-257 Unchanged
Section 2-258 Unchanged
Section 2-259 Unchanged
Section 2-260 Unchanged
Section 2-261 Unchanged
II. The following Sections are additions to the Purchasing Code:
Section 2-262 Project Delivery Methods
Authorized for Procurements Relating to Construction
(1) The following project delivery methods are authorized for
procurements relating to construction of any public infrastructure
facility:
(a) Design-bid-building;
(b) Construction management at-risk;
(c) Design-build;
(d) Design-build-operate-maintain; and
(e) Design-build-finance-operate-maintain.
(f) Competitive sealed proposals/request for proposals
(2) Participation in a report or study that is later used in the preparation of
design requirements for a project does not disqualify a firm from
participating as a member of a proposing team in a construction
management at-risk, design-build, design-build-operate-maintain, or
design-build- finance-operate-maintain procurement unless the
participation provides the business with a substantial competitive
advantage. The City Administrator or his designee may establish
guidance by regulation for the application of this item by departments
procuring construction services.
(3) Definitions:
(a) Design-bid-build means a project delivery method in which the
City sequentially awards separate contracts, the first for
architectural and engineering services to design a public
infrastructure facility and the second for construction of the public
infrastructure facility according to the design.
(b) Construction management at-risk means a project delivery
method in which the City awards separate contracts, one for
architectural and engineering services to design a public
infrastructure facility and the second to a construction manager at-
risk for both construction of the public infrastructure facility
according to the design and construction management services.
(c) Design-build means a project delivery method in which the City
enters into a single contract for design and construction of a public
infrastructure facility.
(d) Design-build-operate-maintain means a project delivery method
in which the City enters into a single contract for design,
construction, maintenance, and operation of a public infrastructure
facility over a contractually defined period.
(e) Design-build-finance-operate-maintain means a project delivery
method in which the City enters into a single contract for design,
construction, finance, maintenance, and operation of a public
infrastructure facility over a contractually defined period. Money
appropriated by the city is not used to pay for a part of the
services provided by the contractor during the contract period.
(f) Competitive sealed proposals/request for proposals means a
project delivery method utilized when the purchasing agent for the
City determines that the use of competitive sealed bidding is
either not practical or not advantageous to the City and
recommends that such procedure be used in lieu of attempting to
enter into a contract by use of any of the other project delivery
methods. Such method is specifically described in Section 2-264.
(g) Public infrastructure facility means any public structure, public
building, or other public improvements of any kind to real
property.
(4) Choice of project delivery method.
(a) Selection of method. The project delivery method used for a city
construction project must be that method which is most
advantageous to the city and results in the most timely,
economical, and successful completion of the construction project.
The city shall select the appropriate project delivery method for a
particular project and shall, for all project delivery methods other
than design-bid-build or purchasing procedures as described in
Section 2-251, Section 2-252 or Section 2-253, state in writing the
facts and considerations leading to the selection of that particular
method.
(b) City Administrator Review. The department procuring
construction services shall submit its written report stating the
facts and considerations leading to the selection of the particular
project delivery method to the City Administrator or his
authorized designee for his review
III. Section 2-263 Source Selection Methods Assigned to
Project Delivery Methods
(1) Scope. This section specifies the source selection methods applicable
to procurements for the construction project delivery methods
identified in Section 2-262, except as otherwise provided by
regulation for small purchases, sole source procurements, and
emergency procurements.
(2) Design-bid-build:
(a) Design, architect-engineer, construction management, and land
surveying services. A qualifications-based selection process must
be used to procure design, architect-engineer, construction
management, and land surveying services, unless those services
are acquired in conjunction with construction using one of the
project delivery methods provided in subsections (3) through (7)
of this section or Section 2-251, Section 2-252 or Section 2-253.
(b) Construction. Competitive sealed bidding must be used to procure
construction in design-bid- build procurements.
(3) Construction management at-risk. Contracts for construction
management at-risk must be procured by either competitive sealed
bidding or competitive sealed proposals.
(4) Design-build. Contracts for design-build must be procured by
competitive sealed proposals.
(5) Design-build-operate-maintain. Contracts for design-build-operate-
maintain must be procured by competitive sealed proposals.
(6) Design-build-finance-operate-maintain. Contracts for design-build-
finance-operate-maintain must be procured by competitive sealed
proposals.
(7) Competitive sealed proposals/request for proposals. Contracts for
competitive sealed proposals/request for proposals must be procured
in accordance with Section 2-264 as set forth hereafter.
IV. Section 2-264 Competitive Sealed Proposals/
Request for Proposals
Conditions for use. When the Purchasing Agent determines, in writing, with
explanation of the reason(s), that the use of competitive sealed bidding is
either not practicable or not advantageous to the City, a contract may be
entered into by use of the competitive sealed proposals method.
(1) Request for proposals. Proposals shall be solicited from at least three
(3) qualified sources, when such sources are available, through a
request for proposals.
(2) Public notice. Adequate public notice of the request for proposals
shall be given in accordance with any bidding requirements as
established by the purchasing agent for the City; provided the
minimum notice period shall be twenty-one (21) calendar days.
(3) Receipt of proposals. No proposals shall be handled so as to permit
disclosure of the contents of any proposal to competing offerors
during the process of negotiation. A register of proposals shall be
prepared containing the name of the offerors. The register of
proposals shall be open for public inspection only after contract is
awarded.
(4) Proposal opening. Proposals shall be publicly opened and only the
names of the offerors disclosed at the proposal opening. Contents of
competing proposals shall not be disclosed during the process of
negotiation. Proposal shall be open for public inspection, immediately
after a contract is awarded. Late proposals shall neither be opened nor
considered for award; however, the name and address of the late
offeror and the time of attempted delivery shall be recorded wherever
practicable.
(5) Request for qualifications. Prior to soliciting proposals, the
Purchasing Agent may issue a request for qualifications from
prospective offerors. Such request shall contain at a minimum a
description of goods or services to be solicited by the request for
proposals and the general scope of the work and shall state the
deadline for submission of information and how prospective offerors
may apply for consideration. The request shall require information
only on their qualifications, experience, and ability to perform the
requirements of the contract. After receipt of the responses to the
request for qualifications from prospective offerors, the prospective
offerors shall be ranked from most qualified to least qualified on the
basis of the information provided. Proposals shall then be solicited
from at least the top three (3) prospective offerors by means of a
request for proposals. The failure of a prospective offeror to be
selected to receive the request for proposals shall not be grounds for
protest.
(6) Public notice. Adequate public notice of the request for qualifications
shall be given in accordance with any bidding requirements as
established by the purchasing agent for the City; provided the
minimum notice period shall be twenty-one (21) calendar days.
(7) Evaluation criteria. The request for proposals shall state the criteria to
be considered in evaluating proposals. Price may, but need not be, an
initial evaluation criterion.
(8) Discussion with responsive/responsible offerors and revisions to
proposals. As provided in the request for proposals, discussions may
be conducted with responsible offerors who submit proposals
determined to be eligible of being selected for award for the purpose
of clarification to assure full understanding of, and conformance 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.
(9) Selection and ranking. Proposals shall be evaluated using only the
criteria stated in the request for proposals and there must be adherence
to any weighting that has been previously assigned. Once evaluation
is complete, all responsive offerors shall he ranked from most
advantageous to least advantageous to the City, considering only the
evaluation criteria stated in the request for proposals. If price is an
initial evaluation criterion, award shall be made in accordance with
Section 2-255(6). If price is not an initial evaluation factor,
negotiations shall be conducted with the top ranked responsive offeror
for performance of the contract at a price which is fair and reasonable
to the City. Should the Purchasing Agent be unable to negotiate a
contract at a price which is fair and reasonable to the City,
negotiations shall be formally terminated with the top ranked
responsive offeror and negotiations commenced with the second most
advantageous responsive offeror, and then the third and so on until a
satisfactory contract has been negotiated. In conducting negotiations,
there must be no disclosure of any information derived from
proposals submitted by competing offerors.
(10) Award. Award must be made to the responsible and responsive
offeror whose proposal is determined in writing to be the most
advantageous to the City, taking into consideration price and the
evaluation criteria set forth in the request for proposals. The contract
file shall contain the basis on which the award is made. The contract
shall be awarded with reasonable promptness by appropriate written
notice to the selected offeror whose proposal is being accepted.
(11) Other. If, after following the procedures set forth in Section 2-
264(10), a contract is not able to be negotiated, the scope of the
request for proposals may be changed in an effort to reduce the cost to
a fair and reasonable amount, and all responsive offerors must he
allowed to submit their best and final offers. Where price was an
initial evaluation factor, the using department. through the Purchasing
Agent, may in his/her sole discretion, and not subject to challenge
through a protest, proceed in any of the following manners:
(a) Negotiate price with the highest scoring offeror. If a satisfactory
price cannot be agreed upon, price negotiations may be conducted
with the second, and then the third, and so on, ranked offerors to
such level of ranking as determined by the using department
and/or the Purchasing Agent;
(b) Negotiate with the highest ranking offeror on matters affecting the
scope of the contract, so long as the overall nature and intent of
the contract is not changed. If a satisfactory contract cannot be
negotiated with the highest ranking offeror, negotiations may be
conducted with the second, and then the third, and so on, ranked
offerors to such level of ranking as determined by the using
department and/or the Purchasing Agent;
(c) Change the scope of the request for proposals and give all
responsive/responsible offerors an opportunity to submit best and
final offers.
(d) If any of these options are chosen. and it is still not possible to
award a contract, any of the procedures outlined herein may be
repeated until a proposed contract is successfully achieved.
(12) Minor informalities and irregularities in proposals. A minor
informality or irregularity is one which is merely a form or is some
immaterial variation from the exact requirements of the request for
proposals having no effect or merely a trivial or negligible effect on
total price, quality, quantity, or delivery of the supplies or
performance of the contract, and the correction or waiver of which
would not affect the relative standing of, or be otherwise prejudicial
to offerors. The Purchasing Agent shall either give the offeror the
opportunity to cure any deficiency resulting from a minor informality
or irregularity in a proposal or waive any such deficiency when it is to
the advantage of the City. Such communication or determination shall
be in writing. Examples of minor informalities or irregularities may,
in the City's sole discretion, include, but are not limited to:
(a) Failure of a offeror to return the number of copies of signed
proposals required by the solicitation;
(b) Failure of a offeror to furnish the required information concerning
the number of the offeror's employees or failure to make a
representation concerning its size;
(c) Failure of a offeror to acknowledge receipt of an amendment to a
solicitation, when required, but only if the amendment has no
effect or merely a trivial or negligible effect on price, quality,
quantity, delivery, or relative standing of offerors;
(d) Failure of a offeror to furnish product literature;
(e) Failure of a offeror to furnish financial statements;
(f) Failure of a offeror to indicate a bid number on its submission
envelope;
(g) Failure of an offeror to indicate his/her contractor's license
number.
(13) Cost of proposals. Under no circumstances will the City be liable for
any costs associated with any proposal. The offeror shall bear all costs
associated with the preparation of proposals.
(14) Rejection or acceptance of proposals; waiver of technicalities and
irregularities. The City shall reserve the unqualified right to reject
any and all proposals or accept such proposals, as appears in the
City's own best interest. The City shall reserve the unqualified right
to waive technicalities or irregularities of any kind in solicitations
made under this chapter. In all cases, the City shall be the sole judge
as to whether a proposer's proposal has or has not satisfactorily met
the requirements to solicitations made under this chapter.
V. All such ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
VI. This ordinance shall become effective immediately upon its adoption on third
reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
3y , 2016.
First Reading: e 'i tP _1 t' '
Second Reading: Cc' - '' I c Lark W. Jones, Mayor
Third Reading: 4- 20- I L ATTEST:
�obn - Z.
Donna B. Young, City C erk