TCTC Purchasing Policies and Procedures Manual



TCTC Purchasing Policies and Procedures ManualRevised2/2020TABLE OF CONTENTS PageSECTION A. GENERAL INFORMATIONPurpose of Manual1Determination of Compliance1Responsibilities of the Purchasing Office1Ethical Standards2SECTION B. PURCHASING POLICIES/PRACTICESGeneral2Unauthorized Purchases3Approval/Authorization Levels for Purchasing3Assistance to Minority Businesses3Bid Award4Budgetary Control 4Methods of Source Selection 4Competition Requirements for Purchases5Small Purchases:Purchases not in Excess of $10,000.005Purchases from $10,000.01 to $50,000.005Purchases from $25,000.01 to $50,000.00 (additional)6Competitive Sealed Bid6Competitive Fixed Price Bidding14Competitive Best Value Bidding15Competitive Sealed Proposals16 Emergency Purchasing 18 Sole Source Purchasing 19 Auctions-Purchasing at Auctions 19 Competitive Online Bidding (Reverse Auctions) 19 State Term Contracts20Conflict of Interest20Contracts between State Agencies20Correspondence with Vendors21Departmental Solicitation by Sales Associates21Disposal of College Surplus Property21Drug Free WorkplaceOpen Trade Representation22Personal Purchases22Property Control22South Carolina Business Opportunities22South Carolina Sales and Use Tax22TABLE OF CONTENTS (continued) PageSECTION C. PURCHASING PROCEDURESGeneral23Equipment/Furnishings: Furnishings Covered Under S11-35-450 23Information Technology Plan Requirement 24Trade-Ins 24Purchase of Surplus Property 24Repair of Equipment 24Leases/Rentals:Conference Facilities Procurement25Equipment Leases25Office Space/Other Real Property25Services:Accreditation Team Visits 26Auditing and Legal Services26Construction and Related Professional Services 26Consultant Services/Independent Contractors26Food Services27Maintenance/Service Agreement Renewals 27Multi-Year Contracts28Printing Services 28Check Request (Check w/ Order)28Supplies:Bookstore29Desk-top Delivery29Regular Order29Standing Order29Travel:General30Overnight Travel Approval 30Airline Tickets30Prepayment of Travel Expenses30Same Day Travel 31Travel Reimbursement Request 31TABLE OF CONTENTS (continued) PageCompleting the Ordering/Receiving/Payment Process:Lead Time 31Processing the Purchase Order 31Receipt of Goods Ordered 31Damaged Goods or Shortages 32Return of Goods or Canceling Order 32Change-Order Policy 33Invoice Processing 33SECTION D. VENDOR COMPLAINT PROCEDURESComplaints About Vendors 33Complaints by Vendors 34SECTION E. PURCHASING PROCEDURES FOR FEDERAL FUNDS34This page intentionally left blankSECTION A. GENERAL INFORMATIONPurpose of ManualThis manual is provided as a guide to all departments of Tri-County Technical College for the purchasing of materials, supplies, equipment and services required in their respective operations; and for the budgetary control of the costs of purchases.Procedures outlined herein apply regardless of the source of funds. Although this manual is not intended to cover the internal operations of the College’s Purchasing Office, certain phases of its operation are included for the purpose of clarification of the procedures stated herein.All forms, on-line requisition training manual, and this purchasing manual can be found on the College’s eTC website.Determination of ComplianceIt is the intent of the Purchasing Office of Tri-County Technical College to adhere to and abide by the rules and regulations as set forth in the South Carolina Consolidated Purchasing Code and the subsequent Permanent Regulations issued by the State Budget and Control Board.Policies and procedures implemented by the College shall be consistent with the provisions of the Consolidated Purchasing Code and the Permanent Regulations.Responsibilities of the Purchasing OfficeUnder the authority delegated to Tri-County Technical College by and in conformity with provisions and regulations/policies of the State Board for Technical and Comprehensive Education, the Purchasing Office, under the supervision of the Director of Fiscal Affairs, has the exclusive responsibility for:Supporting the educational mission of the College by purchasing the materials, supplies, equipment, and services required for the College’s operation.Providing purchasing services to all departments and locations of the College.Purchasing such commodities and services in the most efficient, economical, and responsible manner.Ethical StandardsTri-County Technical College adheres to the Code of Ethics as adopted by the National Association of Educational Buyers for the purchasing official.To give first consideration to the objectives and policies of the College.To strive to obtain the maximum value of each dollar of expenditure.To cooperate with trade and industrial associations, and governmental and private agencies engaged in the promotion and development of sound business methods.To demand honesty in sales representation, whether offered through a verbal or written statement, advertisement, or a sample of the product.To decline personal gifts.To grant all competitive bidders equal consideration; to regard each transaction on its own merits; to foster and promote fair, ethical and legal trade practices. To use, only by consent, original ideas and designs devised by a vendor for competitive purchase purposes.To accord a prompt and courteous reception, in so far as conditions permit, to all who call on legitimate business missions. To counsel and cooperate with all organizations and individuals engaged in activities designed to enhance the development of governmental and educational purchasing.SECTION B. PURCHASING POLICIES/PRACTICESGeneralA contract is defined as a binding agreement based upon the genuine assent of two or more parties to perform a service of providing a product under established conditions for defined consideration.From the inception to the consummation of a contract, many important issues are involved. Therefore, the proper handling of these issues and the administering of the business features connected with them are vital factors in the successful completion of a contract.All contracts must be submitted to Purchasing for review. The President, VP of Business Affairs, Director of Fiscal Affairs, and Purchasing Manager are the only individuals authorized to legally bind the College. Any contract not reviewed by Purchasing or signed by someone other than the above listed positions will be considered non-binding and null and void.For these reasons, the authority and responsibility for purchasing rests with the Purchasing Office. This places the responsibility on those who have the interest and the skill to do the work properly and whose primary concern is in the performance of this special task. Under these conditions, the Purchasing Office can establish uniform policies with respect to seller relationships. Such policies are summarized below.Unauthorized PurchasesThe Purchasing Office is the only unit of the College authorized to procure goods and services for the College. All unauthorized purchases within the College’s purchasing authority must be submitted to the College VP of Business Affairs for ratification. The College President must submit unauthorized purchases exceeding the College’s authority to the State Fiscal Accountability Authority for ratification. UNAUTHORIZED PURCHASES, IF NOT RATIFIED BY THE VP OF BUSINESS AFFAIRS OR THE STATE CHIEF PROCUREMENT OFFICER, SHALL BECOME THE RESPONSIBILITY OF THE INDIVIDUAL MAKING SUCH PURCHASES.Approval/Authorization Levels for Purchasing??????????? The Purchasing Office has established and will maintain approval queues for all areas of the College. All purchasing activities shall require, at a minimum, the following levels of approval:Up to $2500????????????????The appropriate budget manager(s)Above $2500.01?????????Appropriate Vice President.NOTE: Some approval levels may vary depending on request of the Supervisor of the area.All equipment purchases, regardless of cost, must be approved by the appropriateVice President.Assistance to Minority BusinessesThe State encourages the involvement of Minority Business in the economic mainstream. The College is supportive of this effort, and quarterly progress reports are submitted to the Division of Small and Minority Business Contracting and Certification (SMBCC). The statement of policy and regulations may be found in Article 21, Subarticle 3, Section 11-35-5210 of the South Carolina Consolidated Purchasing Code.Bid AwardBid awards shall be made to the lowest responsive and responsible bidder. Purchases shall be made on the basis of functional specifications, not brand names. If the low bidder submits an item as an “equal”, the bid will be returned to the originator for evaluation prior to award of the bid. Final approval for awards other than low bid must be justified in writing and signed by the requester.All bidders/proposers submitting bids/proposals with a total potential value of more than ten thousand dollars must certify they are not currently engaged in the boycott of a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code Section 11-35-5300.All bidders/proposers submitting bids/proposals in excess of $50,000 must certify that they will comply with Title 44, Code of Laws of SC, 1976, relating to health, by adding Chapter 107, The Drug-Free Workplace Act. This also applies to any Sole Source or Emergency procurements in excess of $50,000.The Purchasing Office will conduct all price negotiations.Budgetary ControlEach department using materials and services as described in this manual is responsible for confining its expenditures within the limits of its budget.If a departmental budget is overspent, requisitions will not be processed for that particular department, unless deemed in the best interest of the College and sufficient budget is identified.Methods of Source SelectionAll state contracts must be awarded by competitive sealed bidding unless, by written determination, one of the below nine source selection methods is justified to be more practicable or advantageous to the State. Competitive Sealed Bidding, Fixed Price Bidding, Best Value Bidding, Competitive Sealed Proposals, Small Purchases, Sole Source Procurements, Emergency Procurements, Auctions, and Competitive Online Bidding are detailed petition Requirements for Small Purchases 11-35-1550Small purchase procedures may be utilized only in conducting procurements for governmental bodies that are up to the amounts not in excess of the governmental granted authority in accordance with Section 11-35-1550 and 11-35-1210. Procurements made under $50,000.00 may not be protested. The procedures are outlined below.The certification level for purchases by the College is $50,000.00. This means any order exceeding $50,000.00 which cannot be obtained through a State Term Contract, sole source, emergency purchasing, or orders exempted from the purchasing code, must be submitted to the Division of Procurement Services (DPS) for delegation or must be bid by DPS. NOTE: In order to avoid any conflict of interest issues, no Tri-County Technical College employee will be eligible for business transactions between the employee and the College.Purchases Not in Excess of $10,000.00Small purchases not exceeding $10,000.00 may be accomplished without securing competitive quotations if the prices are considered to be "fair and reasonable." When practical and in accordance with Tri-County Technical College policies, the VISA Procurement Card may be used for purchases up to $2,500.00. The Purchasing Office shall process requisitions for less than $2,500.00 when VISA is not accepted or not applicable. Such purchases shall be distributed equitably among qualified suppliers. When practical, a quotation will be solicited from other than the previous supplier prior to placing a repeat order.Purchases for items $10,000.01 to $50,000.00Written request for written quotes from a minimum of three qualified sources of supply may be made and, unless adequate public notice is provided in the South Carolina Business Opportunities, documentation of at least three bona fide, responsive, and responsible quotes must be attached to the purchase requisition for a small purchase not in excess of $25,000.00, or for a small purchase of commercially available off-the-shelf products not in excess of $50,000.00. The award must be made to the lowest responsive and responsible sources. The request for quotes must include a purchase description. Requests must be distributed equitably among qualified supplies unless advertised as provided above. If an online requisition is used, the Purchasing Office will hold the order until the quote documentation is received either through campus mail or by email. The award shall be made to any vendor whose price is deemed fair and reasonable.The Budget and Control Board in accordance with Section 11-33-710 of the South Carolina Purchasing Code exempted certain items from the competitive bidding procedure. However, these items are NOT exempt from requiring a purchase order. The Purchasing Office or purchase initiator will follow the same procedures described above, where practical, for purchases of exempt items.Purchases for services or supply items (not defined as Commercially Available Off the Shelf) from $25,000.01 to $50,000.00The Purchasing Office will solicit written quotes, bids, or proposals from qualified sources of supply. The procurement shall be advertised in the South Carolina Business Opportunities (SCBO) publication at least seven (7) days prior to the due date of the solicitation. The award shall be made to the lowest responsive and responsible source, or when a request for proposal (RFP) process is used, to the highest ranking offeror. Vendors quoting on purchases greater than $10,000 will be offered the opportunity to claim a procurement preference for South Carolina vendors and products or United States made or manufactured end products. A preference of seven percent (7%) will be provided to vendors who are residents of South Carolina or whose products are made, manufactured, or grown in South Carolina as set forth in Section 11-35-1524 of the South Carolina Procurement Code. A preference of two percent (2%) will be provided to vendors of products made, manufactured, or grown in other states of the United States. If a vendor qualifies as a resident vendor and is bidding a product made, manufactured, or grown in South Carolina, an additional three percent (3%) preference will be given if claimed by the vendor. These preferences shall not apply: (1) when the price of a single unit is more than $50,000 or a single award has a total potential value in excess of $500,000; (2) to any procurements conducted under Article 9 of the Code (construction, architect-engineer, construction management, and surveying services); (3) to any prime contractor or subcontractor providing materials or services relating to permanent improvements to real estate; (4) to procurements less than $10,000; (5) to any solicitation conducted under Section 11-35-1530 of the Code (Competitive Sealed Proposals).Procurements exceeding $50,000.00 without delegation are solicited and awarded by the Division of Procurement Services (DPS) for supplies and services or for information technology. A requisition must completed and submitted online through the SC Employee Enterprise System (SCEIS) to petitive Sealed Bid, Section 11-35-1520Condition for Use - Contracts with a value of $50,000 or more shall be awarded by competitive sealed bidding, except as otherwise provided in Section 11-35-10. Invitation for Bids - An invitation for bids shall be issued in an efficient and economical manner to include specifications and all contractual terms and conditions applicable to the procurement.Notice - Adequate notice of the invitation for bids shall be given at a reasonable time prior to the date set for the opening of bids. This notice shall be advertised in South Carolina Business Opportunities (SCBO) at least seven (7) days prior to the bid opening.Receipt and Safeguarding of Bids - All bids received prior to the time of opening shall be kept secure and (with the exception of unidentified bids) unopened, in a locked file in the Fiscal Affairs Office. If an invitation for bid is canceled, bids shall be returned to the bidders. When bid samples are submitted, they shall be handled with sufficient care to prevent disclosure of characteristics before bid opening.Unidentified Bids - Unidentified bids may be opened solely for the purpose of identification, and then only by the Procurement Manager or a designee. If a sealed bid is mistakenly opened, the person who opens the bid will write his/her name and position on the envelope and immediately deliver it to the Procurement Manager. The Procurement Manager shall immediately write on the envelope an explanation of the opening, the date and time opened, the invitation for bid number, sign, and immediately reseal the envelope.Postponement of Bid Openings - In accordance with regulation 19-445-2050, if it becomes necessary to postpone a bid opening, the Procurement Manager shall issue appropriate amendments to the solicitation to postpone or reschedule the bid opening.Bid Opening - Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the bid invitation. The amount of each bid, the bidder name, and any other relevant information shall be tabulated. The tabulation shall be open for public inspection at that time.Disclosure of Bid Information - Under the Freedom of Information Act, Chapter 3 of Title 30, only the information disclosed by the Procurement Manager or his/her designee at a bid opening is considered to be public information until the award is made.Bid Acceptance and Evaluation - Bids shall be accepted unconditionally without alteration or correction, except as authorized in the Code. The Invitation for Bid shall state the evaluation criteria to be used, and only those criteria will be used. When necessary for the best interest of Tri-County Technical College and the State, bid criteria to determine acceptability may include inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. These criteria will affect the bid price and shall be considered in evaluation for award as measurable costs to include (but not limited to) discounts, transportation costs, total or life cycle costs.Electronic Bids - As a general rule, electronic bids will not be authorized. When, in the judgment of the Procurement Officer, the date for the opening of the bids will not allow bidders sufficient time to prepare and submit bids on prescribed forms or when prices are subject to frequent changes, electronic bids may be authorized.Rejection of Bids - As a general rule, after opening, an invitation for bids should not be canceled and re-advertised due solely to increased requirements for the item being procured. Award should be made on the initial invitation for bids, and the additional quantity required should be treated as a new procurement. Unless there is a compelling reason to reject one or more bids, the award will be made to the lowest responsible and responsive bidder. Any bid that fails to conform to the essential requirements of the invitation for bids shall be rejected.Alternate Bids - Any bid that does not conform to the specifications contained or referenced in the bid invitation may be rejected, unless the invitation authorized the submission of alternate bids and the supplies offered as alternatives meet the requirements specified in the invitation.Non-responsive Bids - Any bid which fails to conform in all material aspects to the invitation for bid (IFB) or request for proposal (RFP) may be rejected. Offerors must be able, in all respects, to fully perform the contract requirements and have the integrity and reliability to assure good faith performance which may be substantiated by past performance.Modification of Requirements by Bidder - Ordinarily a bid will be rejected when the bidder attempts to impose conditions which modify the requirements of the bid or limit their liability. For example, bids should be rejected in which the bidder:Attempts to protect himself against future changes in conditions, such as increased cost, if total possible cost to the state cannot be determinedFails to state a price and, in lieu thereof, states that price shall be “price in effect at time of delivery”States a price but qualifies such price as being subject to “price in effect at time of delivery”Conditions or qualifies his bid (when not authorized by the invitation) by stipulating that his bid is to be considered only if, prior to the date of award, bidder receives (or does not receive) award under separate procurementRequires the state to determine that the bidder’s product meets state specificationsLimits the rights of the state under any contract clause. The lowest responsive and responsible bidder may be requested to delete objectionable conditions from his bid provided these conditions do not go to the substance (as distinguished from form) of the bid or work, and in justice to other bidders.Price Unreasonableness - Any bid may be rejected if the Procurement Manager determines in writing that it is unreasonable.Unsigned Bids - Unsigned bids shall be rejected unless a representative of the company who has the authority to sign is present at the bid opening. If discovery is made prior to reading any bids for that procurement, the representative may be allowed to sign the bid.Exception to Rejection Procedures - Any bid received after the procurement officer has declared that the time set for bid opening has arrived, shall be rejected unless the bid had been delivered to the designated procurement office or the College’s mail room prior to the bid opening.All or None Qualifications - Unless the invitation for bid so provides, a bid is not rendered non-responsive by the fact that the bidder specifies that the award shall be accepted only on all, or a specified group, of the items included in the invitation for bids. However, bidders shall not be permitted to withdraw or modify “all or none” qualifications after bid opening.Correction or Withdrawal of Bids; Cancellation of Awards - Correction or withdrawal of inadvertently erroneous bids before bid opening; withdrawal of inadvertently erroneous bids after award; or cancellation and re-award of award or contract, after award but prior to performance; may be permitted in accordance with the Regulations. After bid opening, no changes in bid prices or other provisions prejudicial to the interests of the state 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 or contracts, after award but prior to performance, shall be supported by a written determination by the Procurement Manager. A bidder or offeror must submit a written request to correct a written bid. Each request must document that the bidder’s or offeror’s mistake is clearly an error that will cause him substantial loss.Correction Creates Low Bid - To maintain the integrity of the competitive sealed bidding system, a bidder shall not be permitted to correct a bid mistake after bid opening that would cause such bidder to have the low bid unless the mistake, in the judgment of the procurement officer, is clearly evident from examining the bid document; for example, extension of unit prices or errors in addition.Discussion with Bidders - Discussions with apparent responsive bidders may be conducted for the purpose of clarification to assure full understanding of the requirements of the invitation for bids.Tie Bids - If two or more bidders are tied in price while otherwise meeting all of the required conditions, awards are determined as follows:If there is a South Carolina firm tied with an out-of-state firm, the award must be made to the South Carolina firm.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. Tie bids involving South Carolina firms must be resolved in favor of the South Carolina firm located in the same taxing jurisdiction as the College.Tie bids involving South Carolina firms in the same taxing jurisdiction as the College must be resolved by the flip of a coin witnessed by all interested parties in the office of the Procurement Manager or designee.In all other situations where bids are tied, the award will be made to the tied bidder offering the quickest delivery time, or if the bidders have offered the same delivery time, the tie shall be resolved by the flip of a coin witnessed by all interested parties in the office of the Procurement Manager or designee.Award - Unless all bids are rejected, notice of an intended award of a contract to the lowest responsible and responsive bidder whose bid meets the requirements set forth in the invitation for bid shall be given by posting such notice as noted in the bid. Prior to the posting of the award, the College may negotiate with the lowest bidder to lower his bid within the scope of the invitation for bid. The invitation for bid and the posted notice must contain a statement of the bidder’s right to protest under Section 11-35-4210(1), and the date and location of posting must be announced at bid opening. Notice of award shall be made available to the public on request and shall be posted at the location announced at the bid opening.Negotiations after Unsuccessful Competitive Sealed Bidding 11-35-1540 - When bids received pursuant to IFB under Section 11-35-1520 are considered unreasonable by the College, or are not independently reached in open commitment, or the low bid exceeds available funds, and it is determined in writing by the Procurement Manager that time or other circumstances will not permit the delay required to re-solicit competitive sealed bids, a contract may be negotiated pursuant to this section, provided that:Each responsible bidder who submitted a bid under the original solicitation is notified of the determination and is given reasonable opportunity to negotiateThe negotiated price is lower than the lowest rejected bid under the original solicitationThe negotiated price is the lowest price offered by any responsible and responsive offeror.Request for Qualifications – Prior to soliciting bids, the College may issue a request for qualifications from prospective bidders. Such request shall contain at a minimum a description of the goods or services to be solicited by the bid invitation, the general scope of the work, the deadline for submission of information, and how prospective bidders may apply for consideration. The request shall 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 shall be given in the manner provided in Section 11-35-1520(3). The use of the request for qualifications is subject to the approval of the Division of Procurement Services. After receipt of the responses to the request for qualifications, the prospective bidders shall be ranked from the most qualified to the least qualified based on the information provided. Bids shall be solicited from at least the top two prospective bidders by means of an invitation for bids. The failure of a prospective bidder to receive the invitation for bids shall not be protested under Section 11-35-4210.Minor Informalities and Irregularities in Bids - A minor informality is one which is merely a matter of form or is some immaterial variation from the exact requirements of the bid invitation having no effect (or merely a trivial or negligible effect) on total bid price, quality, quantity, or delivery of the supplies or performance of the contract, and the correction or waiver would not be prejudicial to bidders. The procurement officer shall either give the bidder an opportunity to correct any deficiency resulting from a minor informality or irregularity in a bid or waive any such deficiency when it is to the advantage of the College. Such communication or determination shall be in writing. The following are examples and are not limited to these only:Failure of a bidder to return the number of copies of signed bids required by the solicitationFailure of a bidder to furnish the required information concerning the number of the bidder’s employees or failure to make a representation concerning its sizeFailure of a bidder to sign its bid, but only if the firm submitting the bid has formally adopted or authorized the execution of documents by typewritten, printed, or rubber stamped signature and submits evidence of such authorization, and the bid carries such a signature or the unsigned bid is accompanied by other material indicating the bidder’s intention to be bound by the unsigned document, such as the submission of a bid guarantee with the bid or a letter signed by the bidder referring to and identifying the bid itselfFailure of a bidder to acknowledge receipt of an amendment to a solicitation, but only if:The bid received indicates in some way that the bidder received the amendment, such as where the amendment added another item to the solicitation and bidder submitted a bid thereon, provided that the bidder states under oath that it received the amendment prior to bidding and that the bidder will stand by its bid price, orThe amendment has no effect on price or quantity, or merely a trivial or negligible effect on quality or delivery, and is not prejudicial to bidders, such as an amendment correcting a typographical mistake in the name of the CollegeFailure of a bidder to furnish an affidavit concerning affiliatesFailure of a bidder to execute the certifications with respect to Equal Opportunity and Affirmative Action ProgramsFailure of a bidder to furnish cut sheets or product literatureFailure of a bidder to furnish certificates of insuranceFailure of a bidder to furnish financial statementsFailure of a bidder to furnish its vendor numberFailure of a bidder to furnish referencesNotwithstanding Section 40-11-80, the failure of a bidder to indicate his contractor’s license number or other evidence of licensure, provided that no contract shall be awarded to the bidder unless and until the bidder is properly licensed under the laws of South Carolina.South Carolina Vendor Product Preference - A preference of seven percent (7%) must be provided to vendors who are residents of South Carolina or whose products are made, manufactured, or grown in South Carolina as set forth in Section 11-35-1524.As used in this section, unless the context indicates otherwise, the terms below have the following meanings:Made: To assemble, fabricate, or process component parts into a finished end-product, the value of which assembly, fabrication, or processing is a significant portion of the value of the finished end-product.Manufacture: To make or process raw materials into a finished end-product.Grown: To produce, cultivate, raise, or harvest, timber, agriculture product, or livestock, on the land; or to cultivate, raise, catch, or harvest products or food from the water which results in an end-product that is locally derived from the product cultivated, raised, caught, or harvested.End-Product: The item sought by the College and described in the solicitation including all component parts, and in final form and ready for use intended by the College.Unreasonable CostThe cost of an item from a resident vendor or an end-product made, manufactured, or grown in South Carolina is unreasonable if the bid exceeds by more than seven percent (7%) the lowest qualified bid on the same item or end-product which is made, manufactured, or grown in other states or in a foreign country.The cost of an end-product made, manufactured, or grown in other states is unreasonable if the bid exceeds by more than two percent 2%) the lowest qualified bid on the same or similar end-product which is made, manufactured, or grown in a foreign country.Resident Vendor - A vendor is considered to be a resident of South Carolina if the vendor:Is an individual, partnership, association, or corporation authorized to transact business within South Carolina,Maintains an office in South Carolina,Maintains an inventory for expendable items representative of the general type of commodities on which the bid is submitted and located in South Carolina at the time of the bid having a total value of $10,000 or more based on the bid price, but not to exceed the amount of the contract; or is a manufacturer with a $10 million payroll headquartered in South Carolina, and the product is made or processed from raw materials into a finished end-product by such manufacturer or an affiliate (as defined in Section 1563 of the Internal Revenue Code) of such manufacturer, andHas paid all assessed taxes.Application - Competitive procurements made by governmental bodies shall be made from vendors resident to South Carolina or vendors who bid end-products made, manufactured or grown in South Carolina or in the United States, if available, provided that (1) the bidder has certified in writing in the bid that he/she is a resident of South Carolina, or (2) the bidder has certified in writing in the bid that the end-product was made, manufactured or grown in South Carolina or in the United States, and (3) the end-product is not unreasonable. In order to receive the award, the vendor must be a responsible and responsive bidder and the bid must otherwise comply with the S.C. Consolidate Procurement Code and Regulations.In the case of a request for resident vendor status, this requirement shall apply to the entire solicitation. In the case of a request for end-product status, this requirement shall apply to each line item or each lot in a solicitation to which a separate, responsive bid may be made.Exceptions - This section shall not apply: (1) to any procurements conducted under Article 9 of the Code (construction, architect-engineer, construction management and land surveying services); (2) to any prime contractor or subcontractor providing materials or services relating to permanent improvements to real estate; (3) to any solicitation, bid, offer, or procurement when the price of a single unit of the end-product is more than $50,000 whether or not more than one unit is bid or offered or to any single award with a total potential value in excess of $500,000; (4) to any solicitation, bid, offer, or procurement where the contract award is less than $10,000; or (5) to any solicitation conducted under Section 11-35-1530 of the Code (Competitive Sealed Proposals).Enforcement - A bidder shall be suspended or debarred from doing business with the College in accordance with Section 11-35-4220 of the South Carolina Consolidated Procurement Code if it is determined that the certification made by the bidder as to the resident vendor request or the origin of the end-product was filed under false pretenses and is, therefore, not valid. In addition, if the bidder with the invalid certification of origin was awarded the contract, he shall also pay the College the amount by which the bid based on the invalid certification exceeded the lowest responsible and responsive bid that would have been selected but for the invalid certification.If a bidder has not requested the preference, he will neither be entitled to claim any preference against another bidder nor will he be protected from application of another bidder’s claim to the preference against his bid in determining contract award.South Carolina Vendor Plus South Carolina Product Preference - If a vendor qualifies as a resident vendor and is bidding a product made, manufactured, or grown in South Carolina, an additional three percent (3%) preference is given if claimed by the petitive Fixed Price Bidding 11-35-1525Conditions for Use - When the College determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the College, a contract may be entered into by competitive fixed price bidding subject to the provisions of Section 11-35-1520 and the ensuing regulations, unless otherwise provided for in this section.Fixed Price Bidding - The purpose of fixed price bidding is to provide multiple sources of supply for specific goods or services based on a pre-set maximum price which the state will pay for such goods or services.Public Notice - Adequate public notice of the solicitation shall be given in the same manner as provided in Section 11-35-1520(3).Pricing - The College shall establish, prior to issuance of the fixed price bid, a maximum amount the College will pay for the goods or services desired.Evaluation - Vendors’ responses to the fixed price bid will be reviewed to determine if they are responsive and responsible.Discussion with Responsive Bidders - Discussions may be conducted with apparent responsive bidders to assure understanding of the requirements of the fixed price bid. All bidders whose bids, in the College’s sole judgment, need clarification shall be accorded such an opportunity.Award must be made to all responsive and responsible bidders to the College’s request for competitive fixed price bidding. The contract file shall contain the basis on which the award is made and must be sufficient to satisfy external audit.Bids Received After Award - Bidders not responding to the initial fixed price bid may be added to the awarded vendors list, provided the bidder furnishes evidence of responsibility and responsiveness to the College’s original fixed price bid as authorized by the solicitation.The failure of a specific offeror to receive business, once it has been added to the awarded vendor’s list, shall not be grounds for a contract controversy under Section 11-35-petitive Best Value Bidding 11-35-1528Conditions for use - When the College determines in writing that the use of competitive sealed bidding is either not practical or not advantageous to the College, a contract may be entered into by competitive best value bidding subject to the provisions of Section 11-35-1520 and the ensuing regulations, unless otherwise provided for in this section.Best Value Bidding - The purpose of best value bidding is to allow factors other than price to be considered in the determination of award for specific goods or services based on pre-determined criteria identified by the College.Public Notice - Adequate public notice of the request for the solicitation shall be given in the same manner as provided in Section 11-35-1520(3).Bid Opening - At the time of the bid opening, the only information released will be the names of participating vendors. Cost information will be provided following the ranking of bidders and issuance of the award.Evaluation Factors - The best value bid shall state the factors to be used in determination of award and the numerical weighting for each factor. Cost must be a factor in determining the award and cannot be weighted as less than sixty percent. Best value bid evaluation factors may be defined to include, but are not limited to, any of the following as determined by the College in its sole discretion and not subject to protest:Operational costs that the College would incur if the bid is acceptedQuality of the product or service, or its technical competencyReliability of delivery and implementation schedulesMaximum facilitation of data exchange and systems integrationWarranties, guarantees, and return policyVendor financial stabilityConsistency of the proposed solution with the College’s planning documents and announced strategic program directionQuality and effectiveness of business solution and approachIndustry and program experiencePrior record of vendor performanceVendor expertise with engagement of similar scope and complexityExtent and quality of the proposed participation and acceptance by all user groupsProven development methodologies and toolsInnovative use of current technologies and quality results.Discussion with Responsive Bidders - Discussions may be conducted with apparent responsive bidders to assure understanding of the best value bid. All bidders, in the College’s sole judgment, needing clarification shall be afforded such an opportunity.Selection and Ranking - Bids shall be evaluated using only the criteria stated in the best value bid and by adhering to the weighting as assigned. All evaluation factors, other than cost, will be considered prior to determining the effect of cost on the score for each participating bidder. Once the evaluation is complete, all responsive bidders shall be ranked from most advantageous to least advantageous.Award - The award must be made to the responsive and responsible bidder whose bid is determined, in writing, to be most advantageous to the College, taking into consideration all evaluation factors set forth in the best value bid. The contract file shall contain the basis on which the award is made and must be sufficient to satisfy external petitive Sealed Proposals 11-35-1530Conditions for Use - When the College determines in writing that the use of competitive sealed bidding is either not practical or not advantageous to the College, a contract may be entered into by competitive sealed proposals subject to the provisions of Section11-35-1520 and the regulations, unless otherwise provided for in this section. Subject to the requirements of Section 1-35-3220, the board may provide by regulation that it is either not practical or not advantageous to the College to procure specified types of supplies, services, or construction by competitive sealed bidding.Public Notice - Adequate public notice shall be given in the same manner as provided in Section 11-35-1520 (3) for request for proposals.Receipt of Proposals - Proposals shall be opened publicly in accordance with regulations of the board. A tabulation of proposals shall be prepared in accordance with regulations promulgated by the board and shall be open for public inspection after contract award.Request for Qualifications - Prior to soliciting proposals, the College, acting through the authorized Procurement Manager, may issue a request for qualifications (RFQ) from prospective offerors. Such requests shall contain, at a minimum, a description of the goods or services to be solicited by the RFP 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 for qualifications, 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 two prospective offerors by means of a request for proposal (RFP). The failure of a prospective offeror to be selected to receive the request for proposals shall not be grounds for protest under Section 11-35-4210.Evaluation Factors - The RFP shall state the relative importance of the factors to be considered in evaluating proposals, but shall not require numerical weighting for each factor. Price may, but need not, be an evaluation factor.Discussion with Offerors - As provided in the RFP, discussions may be conducted with apparent responsive offerors for the purpose of clarification.Selection and Ranking - Proposals shall be evaluated using the criteria stated in the RFP and must be adherence to the weightings previously assigned. Once evaluation is complete, all responsive offerors shall be ranked from most advantageous to least advantageous to the College, considering the evaluation factors stated in the RFP. If price is an initial factor, award shall be made in accordance with Section 11-35-1530(9) below.Negotiations - Whether price was an evaluation factor or not, the College (through the appropriate procurement official) may, in its sole discretion and not subject to challenge through a protest filed under Section 11-35-4210, proceed in any of the manners listed below:Negotiate price with the highest ranked offeror - If a satisfactory price cannot be agreed upon, price negotiations may be conducted (in the sole discretion of the College) with the second offeror, and then the third, etc.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 (in the sole discretion of the College) with the second, third, etc.During the negotiation process as outlined above in (A) and (B), if the College is unsuccessful in its first round of negotiations, it may reopen negotiations with any offeror with whom it previously negotiated.If, after following the procedures set forth in Section 11-35-1530(8), a contract is not able to be negotiated, the scope of the RFP may be changed in an effort to reduce the cost to a fair and reasonable amount, and all responsive offerors must be allowed to submit their best and final offers. In conducting negotiations, there must be no disclosure of any confidential information derived from proposals and negotiations submitted by competing offerors.Award - Award must be made to the responsive offeror whose proposal is determined in writing to be the most advantageous to the College, taking into consideration price and the evaluation factors set forth in the RFP, unless the College determines to utilize one of the options provided in Section 11-35-1530(8). The contract file shall contain the basis on which the award is made and must be sufficient to satisfy external audit. Procedures and requirements for the notification of intent to award the contract shall be the same as those stated in Section 11-35-1520(10).Emergency Purchasing 11-35-1570An emergency condition is a situation which creates a threat to public health, welfare or safety that may arise by reason of floods, epidemics, riots, equipment failures, fire loss or such other reason as may be proclaimed by either the Chief Procurement Officer or the head of a governmental body. The existence of such conditions must create an immediate and serious need for supplies, services, or construction that cannot be met through normal purchasing methods and the lack of which would seriously threaten the functioning of State government, the preservation or protection of property, or the health or safety of any person.Emergency purchases shall be limited to supplies, services, or construction items necessary to meet the emergency. Any governmental body may make emergency purchases when an emergency condition arises and the need cannot be met through normal purchasing methods, provided that whenever practical, approval by either the head of a governmental body or his designee or the Chief Procurement Officer shall be obtained prior to purchasing. Although emergencies do occur through failure of equipment or other conditions that cannot be foreseen, frequent emergency orders may be indicative of poor planning, coordination, and organization. Sole Source Purchasing 11-35-1560In accordance with Section 11-35-1560 of the Consolidated Purchasing Code, a contract may be awarded for a supply, service, or construction item without competition when the chief purchasing officer, the head of a governmental body, or a designee of either office above the level of the purchasing officer, determines in writing that there is only one source for the required supply, service, or construction item. These regulations must include the requirements contained in this paragraph. Written documentation must include the determination and basis for the proposed sole source purchasing. Any delegation of authority by either the chief purchasing officer or the head of a governmental body with respect to sole source determinations must be submitted in writing to the materials management officer. In cases of reasonable doubt, competition must be solicited. Any decision of a governmental body that purchasing be restricted to one potential vendor must be accompanied by an explanation as to why no other will be suitable or acceptable to meet the need. Any violations of these regulations by a purchasing agency shall, upon recommendation of the State Fiscal Accountability Authority (SFAA), result in the temporary suspension, not to exceed one year, of the violating agency’s ability to procure supplies, services, or construction items under this section.To obtain approval for sole source purchasing, the using department must complete a “Justification for Sole Source Purchasing” form and forward to the Vice President for Business Affairs for final determination and approval. These forms may be obtained from the Purchasing Office or can be found on the Internet at state.sc.us/mmo/mmo/.Auctions-Purchasing at Auctions 11-35-1575Participation in auctions is allowed as a means of purchasing needed items. The College will survey the needed items being offered at auction to ascertain their condition and usefulness, determine a fair market value for new like items through informal quotes, determine the fair market value from similar items considering age and useful like, and estimate repair cost and delivery cost of the desired items. Using this information, the College will determine the maximum price it can pay for each petitive Online Bidding (Reverse Auctions) 11-35-1529The solicitation must designate both an Opening Date and Time and a Closing Date and Time. The Closing Date and Time need not be a fixed point in time, but may remain dependent on a variable specified in the solicitation. At the Opening Date and Time, the State must begin accepting real-time electronic bids. The solicitation must remain open until the Closing Date and Time. The State may require bidders to register before the Opening Date and Time and, as a part of that registration, to agree to any terms, conditions, or other requirements of the solicitation. Following receipt of the first bid after the Opening Date and Time, the lowest bid price must be posted electronically to the Internet and updated on a real- time basis. At any time before the Closing Date and Time, a bidder may lower the price of its bid, except that after Opening Date and Time, a bidder may not lower its price unless that price is below the then lowest bid. Bid prices may not be increased after Opening Date and Time. Except for bid prices, bids may be modified only as otherwise allowed by this code. A bid may be withdrawn only in compliance with Section 11-35-1520. If a bid is withdrawn, a later bid submitted by the same bidder may not be for a higher price. If the lowest responsive bid is withdrawn after the Closing Date and Time, the State may cancel the solicitation in accordance with this code or reopen electronic bidding to all pre-existing bidders by giving notice to all pre-existing bidders of both the new Opening Date and Time and the new Closing Date and Time. Notice that electronic bidding will be reopened must be given as specified in the solicitation.State Term ContractsIt is mandatory that the College utilize term contracts established by the Division of Procurement Services. "Term contract" is defined by the South Carolina Consolidated Procurement Code as a mandatory contract established by DPS for a specific product or service for a specified time by which all State agencies procure their requirements for the goods/services during its term. If a State agency is offered goods/services at a price at least 10% less than the term contract price for the same goods or services, the agency 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, the agency must purchase from the contract vendor. If the vendor holding the contract refuses to match the price, the vendor offering the lower price must agree to all terms and conditions of the term contract. The items or services and delivery terms must be the same. A list of these contracts is maintained on the web at . These contracts are frequently updated by the State.Conflict of InterestIt is the responsibility of each staff member in the Purchasing Office to take all appropriate steps to ensure that the College does not knowingly enter into any purchase commitment which could result in a conflict of interest situation. Procurements may not be made from an employee of the College of any goods or services nor may procurements of any goods or services be made from any business in which any College employee or any immediate family member, either individually or collectively, has (have) a majority (over 50 percent) ownership interest.Contracts between State AgenciesIn accordance with Section 11-35-710 of the South Carolina Consolidated Procurement Code, the Division of Procurement Services has the authority to exempt contracts between State agencies for supplies and services. This approval is secured by providing a cost justification, (MMO Form No. 136) to the DPS Officer. The following types of contracts are exempt and do not require approval: (1) agreements between state agencies which are mandated by federal or state laws; and (2) service agreements between agencies for services authorized by that agency’s enabling legislation as its purpose, duty, or mission.Correspondence with VendorsFollowing the transmittal of a purchase order to the vendor, all correspondence in connection with the fulfillment of the contract is to be handled by the Purchasing Office.In special cases where the technical details involved make it advisable to delegate authority to others, the Purchasing Office must receive copies of all correspondence.Departmental Solicitation by Sales AssociatesMany items used by the College must be obtained under state contracts or through competitive bidding by vendors, so departmental solicitation of business is of little productive value to a sales representative. The Purchasing Office serves as a screen from salesmen, but not a barrier.A department should not receive materials on consignment, pending the issuance of a confirming purchase order, or accept equipment for demonstration purposes without the prior approval of the Purchasing Office.Disposal of College Surplus PropertyIn accordance with Section 11-35-3820 of the Consolidated Purchasing Code, items identified as surplus by the College are offered for sale through the Division of General Services Surplus Property. Under no circumstances should the College, regardless of the source, dispose of any equipment without approval from the State. Contact the College Property and Inventory Control Manager for instructions regarding disposal of College property.Drug Free WorkplaceThe State of South Carolina has amended Title 44, Code of Laws of South Carolina, 1976, relating to health, by adding Chapter 107, so as to enact the Drug Free Workplace Act. The College will comply with Section 44-107-20 of the Drug Free Workplace Act by requiring vendor certification on all contracts of $50,000.00 or more that a drug free workplace has been provided for their employees. This applies to sole source, emergency, interagency, construction, and exempt contracts. Open Trade RepresentationFor contracts for supplies, services, information technology, or construction with a total potential value of more than ten thousand dollars, the awarded vendor must certify they are not currently engaged in the boycott of a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code Section 11-35-5300.Personal PurchasesThe Purchasing Office does not enter into any negotiations or become involved in any transactions for the purchase of anything whatsoever for the personal use of College employees. Certain items which might be classified as personal in nature and suspect as inappropriate expenses from College funds may be questioned and disallowed, and may subject employee to disciplinary action.Property ControlIt is the responsibility of the Property and Inventory Control Manager to coordinate the use of and maintain records on all properties of the College.South Carolina Business OpportunitiesSouth Carolina Business Opportunities (SCBO) is a live database for goods, services, information technology and construction needs of state and local government.? The South Carolina State Procurement Code requires SC state agencies’ solicitations at or above $10,000 in estimated or actual value to appear in SCBO. The purpose of this database is to provide a listing of proposed procurements of construction, information technology, supplies, services, and other procurement information of interest to the business community. This database is available on the web at Carolina Sales and Use TaxOther than those categories of items exempted by law, all purchases are subject to the inclusion of an applicable sales tax as part of the cost. A full listing of all of the current exemptions and exclusions found in the SCDOR Sales and Use tax manual is available on the web at C. PURCHASING PROCEDURESGeneralThe purchase requisition (created electronically or manually) is the most important form of communication between the various departments and the Purchasing Office. This document alerts the Purchasing Office that a department desires a specific commodity or service. Usually it is the only document submitted; therefore, the purchase requisition must present specific and complete details on the commodity or service desired. All purchase requisitions (except equipment requests and check order requisitions) will be created electronically using the BANNER system according to instructions in the BANNER ON-LINE REQUISITIONING TRAINING MANUAL. The type of order should be entered in the comments field.The College utilizes a purchase order as a means for purchasing goods and services. The Purchasing Office issues a purchase order after the department has created the purchase requisition. The Purchasing Office can suggest vendors for various commodities. The Purchasing Office will conduct training sessions with new employees and individuals needing additional training in on-line requisitions.Purchases may also be made using the College’s purchasing card program. See the purchase card manual and request for purchasing card on the College’s eTC website.Equipment/FurnishingsFurnishings Covered Under Section 11-35-450 General:A Requisition Form or other document approved by the Purchasing Office must be used for all equipment requests. Equipment is defined as any tangible item (regardless of the cost) not normally included in a department’s operational budget, (ex. furniture, computers, printers, software, shredders, shelving, other media or technology items).Under section 11-35-450 of the South Carolina Consolidated Procurement Code, the purchase of furniture, floor coverings, wall coverings, or any other decorative or ornamental item by a governmental body for at least one of the following uses will be reported to the Area Commission when the cost of the furniture, coverings, or items exceed $1,000 per item:In an office or adjoining reception area utilized by the President or Vice-PresidentsIn a board room or a conference room used as a board room.The reports must include the item to be purchased and its price. The Area Commission shall approve or disapprove the purchase. These approvals will be retained in the Purchasing Office to substantiate compliance by the State Fiscal Accountability Authority Audit and Certification rmation Technology Plan RequirementThe Director of Information Technology is the single point of contact for computer resources for the College. After the information technology needs are identified and approved, the Director of Information Technology will be responsible for identifying those items requiring approval from CIO. The Director of Information Systems will forward a request justifying the need to purchase to the Information Technology Management Office (CIO) in compliance with the South Carolina State Purchasing Code and Regulations. When the request is approved, the College will receive written approval from CIO.Only information technology items for administrative use that exceed $50,000 in cost will require approval from DSIT, with few exceptions (consult the Purchasing Office for specific exceptions). Academic IT equipment may be exempt from this requirement.Trade-InsGovernmental bodies may trade in personal property whose original price did not exceed $5,000, the trade-in value of which must be applied to the purchase of new items. When the original unit purchase price exceeds $5,000, the governmental body shall refer the matter to the State Fiscal Accountability Authority, DPS, or the designee of either, for disposition. The Property & Inventory Control Manager is responsible for obtaining trade-in approvals.Purchase of Surplus PropertyThe State has for sale to State agencies and institutions, surplus property located at the warehouse on Boston Avenue in West Columbia, SC. Departments interested in obtaining surplus property should contact the Purchasing Office and/or Inventory Control.Repair of EquipmentFor equipment repair covered under a maintenance contract, the department contact person should be contacted for service calls. When equipment needs repair and is not covered under a maintenance contract, a requisition should be submitted through proper channels. Leases/RentalsConference Facilities Procurement:Prior to entering into a contract for both in-state and out-of-state facilities, the following guidelines must be met:Whenever possible, the conference site should be changed from those utilized for previous conferences.South Carolina State Park facilities should be considered if they meet conference requirements.A minimum of two hotels/motels should be contacted in at least two different cities when the conference is to be held in a different city than the one in which the agency's central office is located. If the conference is to be held in the same city in which the agency's central office is located, a minimum of two hotels/motels shall be contacted in that city.A written determination of the site selection shall be made by the using department on the Justification for Conference Site Selection (MMO Form No. 138). This determination must be submitted, with the requisition, and be retained by the Purchasing Office for audit by the State Fiscal Accountability Authority Audit and Certification Team.Equipment Leases:Lease or rental agreements must be justified in writing and require the use of the State of South Carolina Standard Equipment Agreement. Rental of equipment valued at more than $10,000 or for more than ninety (90) days requires the use of the State Standard Equipment Agreement. Vendor agreements are not acceptable. Installment purchases must be submitted to the State Fiscal Accountability Authority on a purchase requisition, along with written justification for approval, and these must then be bid by the State Fiscal Accountability Authority. The State Treasurer’s Office is responsible for securing the financing and does not allow installment purchases less than $25,000.Office Space and Other Real Property:All requests for lease of office space or other real property must be directed to the State Fiscal Accountability Authority, Real Property Management Section, for negotiations. There is an exception for leases of less than three months duration or a total cost of less than $25,000 in a single fiscal year.ServicesAccreditation Team VisitsA Requisition Form or online requisition should be completed for expenses incurred by accreditation team visits. All reservations for travel and lodging will be accomplished through the Department for whom the visit is required.Auditing and Legal Services:Prior to the award of any state contract for auditing services, approval shall be obtained from the State Auditor. Purchasing of such services shall be made in compliance with the Purchasing Code and Regulations.Prior to the award of any state contract for the services of attorneys, the governmental body from the Office of the State Attorney General shall obtain approval for such. Purchasing of such services shall be made in accordance with Regulation #19-445.2025(D) of the Procurement Code.Construction and Related Professional Services:Tri-County Technical College will adhere to the guidelines established by the Office of the State Engineer in conjunction with Purchasing Code requirements for construction purchases. As policies are formulated at the State level, these policies are incorporated in the College’s purchasing procedures.Consultant Services/Independent Contractors:In the past, these services have been identified as consultant, speaker, evaluator, performer, and lecturer, and have been contracted on a fee basis with travel, lodging and subsistence expenses, and (where applicable) reimbursed under the travel regulations.This type of service is rendered from a platform of unusual experience or expertise in a particular field. Such expertise has usually been gained by education, training, certification, licensing, publication, public acclaim, election or appointment. Often, the professional is uniquely qualified to provide the requested service in the context of background, style, and/or time needed.When personal, professional services are to be obtained under an independent contractual relationship, in which the College elects away the right to direct or control the professional in the method of performance or the end results of his/her efforts as defined in IRS regulations, then purchasing must be accomplished as directed in the Consolidated Purchasing Code 11-35-1270 and ensuring Regulation 19-445.2025.The IRS looks at “control” in three areas:BEHAVIORAL: Does the worker control how he/she works?FINANCIAL: Does the worker have a significant investment (e.g., own tools, etc.)? Can a profit or loss be made?RELATIONSHIP: Is the worker responsible for benefits? Is there a written contract?Operational Procedures:A “Contract for Professional Service” must be completed with the contractor’s signature, and approval must be granted by the Division Chair/Dean and the Director of Fiscal Affairs before work is started.After the contract is approved, an online purchase requisition must be entered to encumber the budget.A “W-9” form completed by the contractor must be attached to the completed contract.After work is finished, the Department Head will sign the confirmation of services section and send to the Accounts Payable Office for payment.Food Service Contracts:Any food service contracts shall be solicited under code Section 11-35-1530, Competitive Sealed Proposals, and Regulation 19-445-2095. A review panel composed of one representative each from the Purchasing Office, Auxiliary Services, and Division of Procurement Services shall review such proposals and grant approval prior to contract award.Maintenance/Service Agreement Renewals and New Agreements:A purchase request must be completed for each maintenance/service agreement renewal or new agreement. If the cost is between $10,500.00 and $25,000.00, three (3) quotes should be solicited unless adequate justification for only one quote is provided to the Purchasing Office. Multi-Year Contracts Section 11-35-2030:A contract for supplies or services will not be entered into for any period of more than one year unless approved in a manner prescribed by regulation of the board; provided that the term of the contract and conditions of renewal of extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods will be subject to the availability and appropriation of funds. Prior to utilization of a multi-term contract, the College will determine that estimated requirements cover the period of the contract and are reasonably firm and continuing, and that such a contract will serve the best interests of the State by encouraging effective competition or otherwise promoting economies in state procurement. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract will be canceled. Contract terms of up to seven years may be approved by the Division of Procurement Services. Contracts exceeding seven years must be approved by the Budget and Control Board.Printing Services:All printing purchases will be done in accordance with the purchasing code and the South Carolina Government Printing Services Manual. The manual is available via Internet at of whether the purchasing is to be done by the agency or DPS, all solicitations for printing services must include either a “Printing Specification Sheet” or “Form Specification Sheet”, whichever is applicable. Additional detailed specifications are explained in the manual.Check Request (Check w/order):Check requests are used when services must be paid on the date of the event or for items which must be prepaid such as membership fees, hotel/motel reservations, subscription renewals, registration fees for workshops, seminars, etc. that do not require a purchase order. All check requests must be submitted to Accounts Payable on a Requisition Form. A copy of the invoice to be paid must be attached to the requisition. No payment will be processed without required backup information. Requisitions received with incomplete information will be returned to the individual requesting the supply/service with a request to provide the backup, resulting in unnecessary delay of the order. Departments are encouraged to submit check requests to AP at least 14 days in advance to allow for processing the check and mailing, if necessary.Departments should be aware that the State does not allow State Agencies to prepay for products or services (other than those types listed above). Payments will be made within 30 days after receipt of the product or service and a valid invoice.SuppliesBookstore:Textbooks for classroom use, unique academic items and unique office supplies, insignia items such as stationery, envelopes, napkins, etc. may be purchased at the bookstore. Desk-Top Delivery for Office Supplies:All office supplies for College personnel are to be obtained through the State Contract Desk Top Delivery contractor. Contact Purchasing Office for names of State Contract vendors.Regular Order:All purchase requisitions not defined as standing orders or pick-up orders are considered regular orders.Standing Order:The standing order is used when repetitive needs of small amounts require frequent purchases over a period of time or the item will not require a receiver to be keyed in Banner. It must include the aggregate dollar amount for the total purchases made during the term of the purchase order. This total shall not exceed $10,000.00 unless three quotes are provided to the Purchasing Office at the time the requisition is submitted for a P.O. The establishment of a standing/blanket order is in accordance with Regulation 19-445.2100, Subsection C of the Permanent Regulations issued by the Budget and Control Board.The purchasing agent, to assure that authorized procedures are being followed, shall review standing purchase agreements periodically. Standing purchase agreements shall be issued for a period of no longer than twelve (12) months and shall not exceed the fiscal year end.TravelGeneral:Please refer to the College’s policy #7-3-1010, Travel & Subsistence Expense, and procedures #7-3-1010.1, Reimbursement of Travel & Subsistence Expense, and 7-3-1010.2, Reimbursement for Meals Associated with Official College Business, for a detailed explanation of travel procedures.Overnight Travel Approval:Prior to making arrangements for any travel requiring overnight accommodations, the “Overnight Travel Authorization Form” must be completed and submitted to the Accounts Payable Office. Once the approvals are obtained the reservations may be made for hotel, airfare, registrations, etc.Airline Tickets:The user, upon authority granted by an approved over-night travel request, may procure tickets for commercial air travel utilizing their College purchasing card (PCard).Transportation to and from points of departure and arrival will be accomplished by the most economical method.Prepayment of Travel Expense:Prepayment of travel expenses such as registrations and airfare may be made using the College’s purchasing card. The purchasing card cannot be used for hotels. (The Purchasing Card Manual can be found on the College website.)Payment by College check for travel reservations requires a completed Requisition Form signed by the individual making the request, with a copy of documentation of the purpose for the travel attached. The request should be sent to the Accounts Payable office to be processed for payment.Same Day Travel:Reimbursement for either local travel or non-overnight travel is accomplished by completing a “Local Travel (Non-Overnight) Reimbursement Request”. This form requires signatures of requestor, supervisor, and division chair and must be sent to Accounts Payable for processing. Travel Reimbursement Request:Upon return from a trip, the “Overnight Travel Reimbursement Form” will be completed for reimbursement of allowable expenses incurred during travel. This form requires signatures of requestor, supervisor, and division chair and must be sent to Accounts Payable for processing. Completing the Order/Receiving/Payment ProcessLead Time:In determining lead-time for processing of purchase orders, the following factors should be taken into consideration:If no bids are required, the Purchasing Office normally requires a minimum of two (2) working days to process the order after it is received in the Purchasing Office.If bids are required, a minimum of ten (10) working days should be allowed after receipt of bid packet.Orders above $50,000.00 will be delegated or processed by the Division of Procurement Services and will require a minimum of 90 days.Processing the Purchase Order:An official purchase order is created from the information on the on-line or paper requisition. The Purchasing office will sign and send the purchase order to the requestor and/or vendor. Receipt of Goods Ordered:All shipments will be delivered to the Shipping/Receiving Department. The Shipping/ Receiving Department will deliver goods to the using department.The using department must sign for all materials received, immediately inspect all items, and report any discrepancies to the Shipping/Receiving Department.It is the responsibility of the using department to immediately notify Shipping/Receiving upon receipt of any items shipped directly to the using department. Receiving documents should be forwarded to Shipping/Receiving immediately upon receipt of merchandise or service.Damaged Goods or Shortages:If the initial inspection reveals a shortage or damaged goods, the Shipping and Receiving Department will note the discrepancy on the waybill (a document containing a list of goods and shipping instructions relative to a shipment) before signing and will immediately notify (by email) the Procurement Manager.In the event concealed damages or shortages (not apparent from external appearance) are discovered, the Department Head must immediately notify Shipping and Receiving. A description of the damage must be provided, along with the name of the carrier and its waybill number, if known. All cartons, cases, and packing materials must be retained, pending inspection by a claims agent.Return of Goods or Canceling an Order:The Purchasing Office will handle all returns and cancellations of orders.Legal Aspect: A purchase order formally issued to a vendor constitutes a legal contract; therefore, permission must be obtained from the vendor to return merchandise that meets the specifications stated in the order, or to cancel an order prior to delivery.Merchandise to be Returned: If, upon receipt of the order, the requester decides the merchandise is not needed or does not meet the requirement for which it was ordered, permission for its return may be requested. When merchandise is returned the following procedures must be followed, or the requestor will become liable:Inform the Purchasing Office by e-mail that merchandise must be returned, providing the purchase order number, date received, quantity and description of items being returned. The Purchasing Office will obtain written authorization (sometimes in the form of a “call ticket”) from the vendor before merchandise is returned. A copy of the return authorization will be sent to the individual requesting the return.After the authorization to return is received, the merchandise must be packaged for return shipment. The Shipping & Receiving Department must be notified that the merchandise is ready to be picked up and returned to the vendor. The original purchase order number and a copy of the authorization to return should also be provided to the Shipping & Receiving Department.The Shipping & Receiving Department will ship the merchandise back to the company, using a traceable shipping method. If the above procedures are not followed, the College may be invoiced for items that were returned. If appropriate documentation is not available to confirm the return of merchandise and receipt by the vendor, then the individual initiating the return becomes liable for the invoice.Change-order Policy:Requests for a change order must be made via email.In the event a contract must be amended and/or changed and is agreed upon by the contractor and purchasing manager, a change order to modify a purchase order is generated by the Purchasing Office directing the contractor to make changes, e.g. cancellations, price deviations, description and quantity changes. Invoice Processing:The Accounts Payable Office reviews purchase orders and invoices, verifying the accuracy of prices and quantities, extensions, and other pertinent details. Discrepancies are referred to the Purchasing Office, who may contact the original requester to resolve the discrepancy. SECTION D. VENDOR COMPLAINT PROCEDURESComplaints About VendorsThe Purchasing Office should be informed of vendor complaints in writing. The Purchasing Office will fully investigate and resolve complaints. Contact with the vendor by the Purchasing Office will often resolve the problem; however, if it does not, a State Complaint will be initiated to solve the plaints by VendorsVerbal complaints will be resolved informally. Written complaints will be handled in accordance with the 1976 South Carolina Code of Law, Title II, Chapter 35, Article 17. This article contains the basis for processing and resolving any and all protests by vendors/contractors. These procedures apply in three areas:Protest of Solicitation of award Debarment or Suspension Contract and Breach of Contract controversies.SECTION E. PURCHASING PROCEDURES FOR FEDERAL FUNDSThis section will address the requirements for purchases involving Federal funds. Tri-County Technical College is defined as a State Agency per definition stated in §200.90.§200.90???State.State?means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any agency or instrumentality thereof exclusive of local governments.§200.317???Procurements by states.When procuring property and services under a Federal award, a state must follow the same policies and procedures it uses for procurements from its non-Federal funds. The state will comply with §200.322 Procurement of recovered?materials?and ensure that every purchase order or other contract includes any clauses required by section §200.326 Contract provisions. All other non-Federal entities, including subrecipients of a state, will follow §§200.318 General procurement standards through 200.326 Contract provisions.§200.322???Procurement of recovered materials.A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.§200.326???Contract provisions.The non-Federal entity's contracts must contain the applicable provisions described in Appendix II to Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards.Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal AwardsIn addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.(J) See §200.322 Procurement of recovered materials. ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download