HomeMy WebLinkAboutPurchasing Manual July 1997
Augusta Richmond GA
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YEAR: \ ~q '7
BOX NUMBER: l...p
FILE NUMBER: l b 959 r
NUMBER OF PAGES: ~ 0
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PURCHASING MANUAL
T ABLE OF CONTENTS
;
.-
PAGE
PREFACE 4
ABOUT THIS MANUALIINTRODUCTION 5
PURCHASING DEPARTMENT GOALS 6
SECTION 1
PURCHASING ORDINANCE 7
SECTION 2
DUTIES AND RESPONSIBILITIES OF THE PURCHASING DEPARTMENT 10
Organization 10
Responsibilities and Functions 10
Administrative Policies 11
Purchasing Department Ethics 13
Value Analysis Committee 13
SECTION 3
PURCHASING PROCEDURES -
(INFORMATION FOR ORDERING DEPARTMENTSIDIVISIONS) 14
Bid Procedures 15
Quotations 18
Sealed Bids 18 .
Bid Advertisements 19
Normal Requisitioning and Purchasing Procedures 19
Requisitioning from the Central Warehouse/Supply Room 21
Receipt of Goods and Services 21
Purchase Order Follow-up 22
Canceling of Purchase Orders 22
Direct Purchase Orders 23
Request For Proposals (RFP) 23
Pre-Bid Conference & Addendum 24
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PAGE
;
SECTION 4
SPECIFICATIONS, BIDS AND AWARDS
Purpose of Specifications
Responsibility for Specifications
Specification Development
Bid Development
Bidders List
Debarment of Bidders
Processing of Bids
Evaluation of Deviations and Method of A wards
25
26
26
26
27
27
28
29
30
SECTION 5
COOPERATIVE PURCHASING
Definitions
Cooperative Purchasing Agreement
Sale, Acquisition, or Use of Supplies
Cooperative Use of Supplies or Services
Joint Use of Facilities
Use of State Contracts
Purchase of Surplus and Excess Property
Waiver
31
31
31
31
31
31
31
32
32
SECTION 6
CONTRACT ADMINISTRATION & MANAGEMENT
Purpose
Augusta-Richmond Contracts and Contract Clauses
Contract Modification
Bid Security & Performance Bonds
Contract Performance & Payment Bonds
Bond Form & Copies
Retainage
Wage & Requirements For Federally Funded Projects
Approval of Accounting System
Contractual Provisions For W orksite Inspections
Contractual Provisions For Auditing Records
Reporting of Anti-Competitive Practices To State
33
33
33
34
34
35
36
36
36
36
37
37
37
~
SECTION 7
SUPPLIES & FIXED ASSETS MANAGEMENT PROGRAMS
Surplus Supplies
Fixed Asset Management
Supplies Management
Severability
38
38
38
39
39
PAGE
SECTION 8
DISADVANTAGED BUSINESS ENTERPRISES (DBE) PROGRAM
Purpose
Definitions
Application
Policy
Program Administration
40
40
40
41
41
42
SECTION 9
PETTY CASH
Purpose
Policy
Procedure
43
43
43
43
SECTION 10
SOLE SOURCE AND EMERGENCY PROCUREMENT
Sole Source Procurement
Emergency Procurement Selection Method
44
44
44
APPENDIX A - EXCERPTS FROM RICHMOND COUNTY CODE
APPENDIX B - DEFINITION OF TERMS USED IN TIDS MANUAL
PREFACE
This manual has been prepared to serve as a guideline to all departments and divisions of Augusta-
Richmond County (ARC) in obtaining apparatus, supplies, materials, equipment and service~._ It
states the ARC policies on which our procurement procedures are based.
A special attempt has been made to design policies and procedures that will serve the ARC's needs
and provide for a more efficient procurement process.
To get the most value from this manual, the following suggestions are offered:
1. All department and division heads should read the manual at least once.
2. The manual should be passed around and read by all employees involved
in the buying process.
3. The manual should be kept in a place that is accessible to all employees
with purchasing responsibilities for reference purposes.
Geri A. Sams
Purchasing Director
4
ABOUT TIDS MANUAL
This Purchasing Department Policies and Procedures Manual is to relate the scope of functions
performed by the Purchasing Department. Also, include is a section on definitions, many of which
are expressions of Policies and/or Department Rules. It is recommended that you familiarize yo~self
with this document to assist you in purchasing the goods and services you need with the least possible
delays. Should you have additional questions pertaining to the Purchasing Policies and Procedures,
please direct them to the Purchasing Direc~or.
Geri A. Sams, Director
Purchasing Department
530 Greene Street, Room 605_
Augusta, Georgia 30911
Adopted in open ses'sion by the ARC Commission of Augusta, Georgia:
INTRODUCTION
The function of the Purchasing Department is to administer acquisition of goods and services for all
departments and divisions of the Augusta-Richmond County Commission of Augusta, Georgia.
The procedures are refined to meet the general requirements of the County in accordance with
established good business practices, taking into account special requirements as may be adopted
periodically by various agencies from which the County secures funds for special programs. They are
designed to cover most situations involving procurement for the County, and are generally consistent
with those of other similar institutions and with technically oriented industrial firms.
The Purchasing Department is assigned absolute responsibility for negotiating and buying for all the
departments within the County. The department must work with hundreds of individuals within the
County and with thousands of vendors in supplying their needs as economically and efficiently as
pOSSIble. Personnel responsible for budgets can expedite the purchasing function by becoming
familiar with the County's procurement policies/procedures and by centralizing within their
departments.
The County's vendors are a valuable asset, therefore Purchasing seeks to administer its buying
practices in a fair manner to all interested suppliers. The County's business is awarded on the basis
of competitive prices, services rendered and ultimate long-range benefits to the County as a whole.
Cash discounts are achieved by combining orders into sizeable quantities therefore qualifying for
valuable discounts. Standardization of products and procedures also results in substantial and
repetitive savings to the individual budget accounts. This Procedure Manual is intended to list the
general policies and procedures to accomplish the procurement of needed goods and services for the
ARC Commission of Augusta-Richmond County, Georgia.-
The Purchasing Agent and her staff will be happy to discuss ,with you any procurement problems that
you may have now or in the future.
5
PURCHASING DEPARTMENT GOALS
1. To support the operations of Augusta-Richmond County (ARC) departments through the
provision of goods and services in a timely manner and in sufficient quantities and quality.
2. To support the operations of ARC departments have to maximize the efficient use of the
ARC's fmancial resources by providing training on purchasing policies and procedures to all
personnel who have buying responsibilities. '
3. To maximize the efficient use of the ARC's financial resources by obtaining quality goods and
services at the lowest possible cost while maintaining a reputation for fairness and integrity.
4. To maximize the efficient use of the ARC's financial resources by getting the greatest possible
revenue for the sale of surplus items.
5. To carry-out the policy directions of the Commission.
6. To maximize the effective use of the ARC's financial resources by increasing annual contracts
by 10%.
7. To provide effective and timely advise to the Commission and the ARC Administrator
regarding market conditions and trends.
8. To maximize the effective use of the ARC's fmancial resources by promoting standardization
of equipment and materials whenever possible.
Prepared By: _
- Geri A. Sams
Purchasing Director
Approved By:
Larry E. Sconyers
Mayor
Charles R. Oliver
Administrator
6
SECTION 1
AUGUSTA-RICHMOND COUNTY CONSOLIDATED GOVERNMENT
PURCHASING ORDINANCE
ORDINANCE NO.
Includes Amended Ordinance No~';
AN ORDINANCE PROVIDING FOR PROCEDURES RELATED TO THE A WARD OF
CONTRACTS FOR THE PURCHASE OF GOODS, SUPPLIES, AND MATERIALS AND THE
AWARD OF CONSTRUCTION CONTRACTS BY THE AUGUSTA-RICHMOND COUNTY
COMMISSION; PROVIDING FOR EMERGENCY AND SOLE-SOURCE PROCUREMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION, GEORGIA;
SECTION 1. BID REOUlREMENTS:
No contract shall be let by the Augusta-Richmond County (ARC) Commission, for the working of any
road or street or the construction or building of any structure, nor shall any goods, supplies, or
materials for ARC purposes or uses be purchased when the amount to be paid therefore by the ARC
shall exceed $10,000.00, unless Notice thereof shall be advertised once a week for at least two (2)
weeks calling for bids of the work to be done for the goods, supplies, or materials to be purchased by
the ARC. In each case, the bid of the lowest responsible bidder meeting bid specifications shall be
accepted, unless the County Commission shall reject all bids. With respect to any proposed contract,
the ARC by resolution of the Board Commission may establish specific qualifications with bidder's.
Such qualifications may include; experience, mandatory attendance at pre-bid conferences or other
, qualifications which the ARC determines to be reasonably related to the requirements of the ,project
for which bids are solicited. The Board of Commission may' waive any minor irregularities or
deficiencies in any bid proposal. The provisions of~s section shall not apply to any purchase made
under a Federal General Services Administration Contract, provided, however; that purchases made
under such contracts shall be authorized only when written or verbal quotations have been obtained
and those quotations confirm that the Federal contract price is lower than the price available from
vendors who are not a party to said contracts.
SECTION 2. TELEPHONE OR WRITTEN OUOT ATIONS:
No contract shall be let by the Augusta-Richmond Commission, for the working of any road or street
or the construction or building of any structure, nor shall any goods, supplies, or materials for ARC
purposes or uses be purchased when the amount to be paid therefore by the ARC shall exceed
$500.00, but shall not exceed $10,000.00 unless informal quotations shall have been obtained from
not fewer than three (3) responsible contractors or vendors, which quotations shall be retained in the
files of the Purchasing Agent or any other ARC employee responsible for obtaining the contract or
goods, supplies, or materials, providing, however; that nothing in this policy shall prevent the
7
execution of a contract or purchase of goods, supplies, or materials without the prior obtaining of
quotations, in any case, where quotations from more than one (I) contractor or vendor cannot be
reasonably obtained.
SECTION 3. EMERGENCY PROCUREMENT:
Notwithstanding any provisions of this ordinance the Purchasing Agent may make or authorize others
to make emergency procurement of goods, supplies, materials, or services when there ~xists a threat
, to the public health, welfare, or safety; provided that such emergency procurement shall be made with
such competition as is practicable under the circumstances. A written determination of the basis of
the emergency and for the selection of the particular contractor shall be included in the contract file.
As soon as possible a record of each emergency procurement shall be made and shall set forth the
contractor's or vendor's name, the amount and name of the contract, a listing of the items procured
under the contract, and the identification number of the contract file. All emergency procurement in
excess of $10,000.00 made pursuant to this section, shall be subsequently reported to the Board of
Commission at the regularly scheduled meeting.
SECTION 4. SOLE-SOURCE PROCUREMENT:
A construction or procurement contract may be awarded without competition when the Purchasing
Agent determines in writing after conducting a good faith review of available sources, that there is
only one source of the required service or commodity. The Purchasing Agent shall conduct
negotiations, as appropriate, as to price, delivery, and terms as applicable. A record of sole-source
procurement shall be maintained as applicable that iterriizes each contractor's or vendor's name, the
amount and type of each contract, a listing of the items procured under each contract, and the
identification number of each contract file. All sole-source procurement in excess of $10,000.00 made
pursuant to this section shall be subsequently reported to the Board of Commission at a regularly
scheduled meeting.
SECTION 5. SEVERABILITY: The provisions of this ordinance are severable, and if any
provisions or part' thereof shall be held invalid or unconstitutional or- inapplicable to any person or
circumstance, such invalidity, unconstitutionality, or inapplicability shall not -affect or impair the
remaining provisions of the ordinance.
SECTION 6. EFFECTIVE DATE:
This ordinance shall take effect upon receipt of the official acknowledgment from the Office of the
Secretary of State of Georgia, that this ordinance has been filed with said office. Acknowledged and
filed ,and as amended , by Ordinance No.
RESOLUTION GRANTING TO THE COUNTY PURCHASING AGENT BLANKET
AUTHORITY TO ADVERTISE FOR BIDS FOR BUDGETED PURCHASES.
WHEREAS, in connection with the purchasing of material, supplies, services, and equipment by
Augusta-Richmond ARC, it is often either necessary or advantageous to advertise for bids; and
8
WHEREAS, the past procedure of requesting the Board to order advertising for bids in each individual
instance causes delay and additional administrative steps without any benefit to the ARC; and
WHEREAS, the Board of Commission deems it appropriate that the Purchasing Agent for ARC
should be authorized to advertise for bids for budgeted purchases, without prior direction by.this
Board on individual bids;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commission of Augusta-Richmond
County, Georgia, in regular session duly assembled, that
SECTION 1. The Purchasing Agent of Augusta-Richmond County is hereby authorized at the
direction of the Administrator or his designee to advertise in the name of Augusta-Richmond County
for bids for the purchase of any and all commodities, supplies services, equipment; buildings, and
public works projects when funds for such purchase have been appropriated in the budget or some
other formal Board approval has occurred.
SECTION 2. Nothing contained herein shall be deemed to authorize the award of any bid.
SECTION 3. This resolution supersedes the provisions of any prior resolution in conflict herewith.
SECTION 4. This resolution shall take effect immediately upon its adoption.
DATED this _ day of
9
40. Motion to approve Lease Extension Agreement between Bell Investment
Company and Augusta-Richmond COlmty for one year (July I, 1997 to June 30,
1998) at a rental of$I,500.00 per month with a one (1) year option to renew.
(Approved by Public Safety Committee June 23, 1997)
41. Motion to authorize the Emergency Bid Process for the purchasing of Jail Locks
for the 4th Street Jail Facility. (Approved by Public Safety Committee June
23,. 1997) ,
42. Motion to approve amending the capital budget to purchase $10,000 in furniture
and computer equipment to support two new employees in the Law Clerk Office
and $2,600 in computer equipment for the new Equal Opportunity Employment
Officer. (Approved by Public Safety Committee June 23, 1997)
PUBLIC SERVICES:
43. Motion to approve amendment of Scrap Tire Cleanup (STPC) 121-16 Grant
Contract with Georgia Environmental Protection Division to amend contract
amount from $20,055.00 to the final dollar amount of $53,739.83 after proper
documentation has been received by the Georgia Environmental Protection
Division and the sites have been checked. (Approved by Public Services
Committee June 23, 1997)
44. Motion to approve Ordinance revising Title 4, Section 4-2-26 of the Augusta-
Richmond County Code regarding interference with garbage receptacles.
(Approved by Public Services Committee June 23, 1997)
45. Motion to approve Agreement ,with AirTech at a cost of $60,000 but not to
exceed $58,000 to conduct an Air Service Mar~et Area AnalysislEconomic
Impact Study pertaining to the Augusta-Richmond COlmty air service market
area. (Approved by Public Services Committee June 23, 1997)
46. Motion to approve renovations (materials only) at a cost of $200.00 to donn
building at Augusta-Richmond County 4-H Camp. (Approved by Public
Services Committee JUge 23, 1997)
ATTORNEY:
47. Motion to approve Home Rule Amendment (Ordinance) to amend purchasing
procedures.
(Approved by Commission June 17, 1997 - Second Reading)
r-I
ORDINANCE NO.
AN ~ ORDINANCE OF THE AUGUSTA-RICHMOND COUNTY
COMMISSION, AS SUCCESSOR BY CONSOLIDATION TO
THE BOARD OF COMMISSIONERS OF RICHMOND COUNTY,
GEORGIA, TO AMEND AN ACT ENTITLED "RICEMOND
COUNTY BOARD OF COMMISSIONERS CERTAIN
PURCHASES AUTHORIZED WITHOUT BID", APPROVED
APRIL 17, 1975 (1975 GA. LAWS, P. 4334), AS
AMENDED BY ORDINANCE NO. 93-1 (1994 GA. LAWS,
P . 5160) SO AS TO PROVIDE FOR AT LEAST THREE
QUOTATIONS FOR THE COST OF GOODS, MATERIALS AND
,SUPPLIES BETWEEN $1, 500 . 00 AND $10, 000. 00 ; TO
PROVIDE AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION,
as successor by Consolidation to the Board of Commissioners of
Richmond County (1995 Ga. Laws, p. 3648), and it is hereby ordained
by authority of the same as follows:
Section 1.
The Act of the General Assembly of Georgia
entitled "Richmond County Board of Commissioners - Certain Purchases
Authorized Without BidH approved April 17, 1975 (1975 Ga. Laws, p.
4334), as amended by Ordinance No. 93-1 (1994 Ga. Laws, p. 5160) is
hereby amended by striking Section 2 of said Act which reads as
follows:
"Section 2.
The Board of Commissioners of
Richmond County, Georgia is hereby authorized to
purchase any goods, materials or supplies of any
nature;
used by Richmond County
In 'its ,-
government affairs, without bid and legal
advertisement, by obtaining at least three (3)
written quotations entered on' the minutes of
said Board, and retained for a period of at
least two years, when the cost of said goods,
materials or supplies is between $1,500.00 and
$5,000.OO.H
and substituting in lieu thereof a new Section, to be known as
1
Section 2, to read as follows:
L,
"Section 2.
The
Augusta-Richmond
County
Commission is hereby authorized to purchase any
goods, materials or supplies of any nature, used
by Richmond County in its government affairs,
without
bid
and legal
advertisement,
by
obtaining at least three (3) quotations in
writing, ,or by telephone, which shall be reduced
to writing, entred on the minutes of said
Commission and retained for a period of at least
two years,
when the cost of said goods,
materials or supplies is between $l,SOO.OO-and
$10,000.00."
Section 2.
This Ordinance is adopted by the Augusta-
Richmond
County Commission,
as
successor td the
Board of
Commissioners of Richmond County, Georgia, pursuant to the provisions
of Artic;Le IX, Section 2~ Faragraph 1 of the Constitution of the
State of Georgia of 1983, providing for Horne Rule for Counties.
Section 3.
All laws or Ordinances or parts of laws or
Ordinances in conflict with this Ordinan~e here hereby repealed.
Section 4.
This Ordinance shall become effective on
August 1, 1997.
Adopted this ____ day of June, 1997, and this
day of
July, 1997.
AUGUSTA-RICHMOND COUNTY
COMMISSION
By:
As ~ts Mayor
,ATTEST:
Clerk
1st Re'ading
6/17/97
2nd Reading
2
SECTION 2
DUTIES AND RESPONSffiILITIES OF THE PURCHASING DEPARTMENT
1. ORGANIZATION:
.-
The Purchasing Department under the Purchasing Agent, reports directly to the Administrator. The
Purchasing Department is comprised of three (3) functional elements. These are; The Procurement
Section, Property Control, and Central Warehouse.
2. RESPONSIBILITIES AND FUNCTIONS:
A. The Purchasing Department under the Director of Purchasing, is responsible for developing and
administering purchasing policies, initiating reports necessary to permit analysis of purchasing
performance, processing bids, consolidating purchases of like or common items, analyzing
prices paid for equipment supplies and services, and generally defining how to obtain savings
and to co-ordinate purchasing procedures. The Purchasing Agent is charged' with the
responsibility of seeing that all purchases are made legally. The Purchasing Agent has the
authority to make awards up to the existing bid limit.
B. Specific functions include:
1) Develop purchasing objectives, policies, programs, and procedures for the acquisitions
of equipment, supplies, and services.
2) Coordinate purchasing procedure with other departments and County Officers.
3) Act as County representative on all matters pertaining to Purchasing.
4) Initiate reports necessary for analysis of Purchasing Department performance.
5) Assist in preparing specification for equipment supplies and services.
6) Consolidate purchases of like or common items to obtain maximum economical
benefits.
7) Arrange for disposal of surplus supplies and equipment. (See section on Property
Custodian Rules and Regulations).
8) Work with other departments to promote goodwill between the County and its suppliers.
9) Prepare and submit annual operating budgets for the Purchasing Department.
10) Operate and maintain a Central Warehouse, stocking common items for issue to all
departments and agencies.
11) Insure vendors doing business with the County are aware of the County's Equal
Employment Opportunity requirements.
10
12) Provide an ongoing program of value analysis to determine what can be done to save the
County money and improve efficiency.
13) Maintain property equipment records.
3. ADMINISTRATIVE POLICIES:
a. All requests for prices, and all purchases must be made by the Purchasing Department
except as listed below. (This excludes constitutional officials; however, constitutional
officials are mvited to use the Purchasing Department to meet their requirements. When
constitutional officers choose to use the services of the Purchasing Department, all
policies and procedures of the ARC Commission must be followed).
No other department or services except the following shall have the authority to purchase or make
any other form of commitment on behalf of the County without the approval of the Purchasing
Department.
1) The acquisitions of insurance - Personnel.
2) Professional Services as provided in the consultants Competitive Negotiation Act -
Professional Services Committee.
3) Other Professional Services - Administrator or others designated by the Board.
Approval"for purchases made by other departments shall only be made for the following:
1) Emergency Purchases
2) Repair Parts and or Services
3) Annual and Semi-Annual Bids
4) Small purchases under $500.00 _
5) Other purchases as approved by the Purchasing Agent -
From time to time the Administrator may change the above exceptions. The authority to purchase the
above exceptions or additional approved exceptions will be delegated to appropriate departments by
the Administrator. .
B. The Purchasing Department has full authority to question the quality, quantity and kind of items
requisitioned in order that the best interests of the County may be served. No changes,
however, will be made without notifying the ordering department.
C. All vendors must be afforded equal opportunity to submit bids and/or quotations and are to
, compete on equal terms.
D. The County will buy only from suppliers who have adequate financial strength, high ethical
standards and a record of adhering to specifications, maintaining shipping promises and giving
a full measure of service. The Purchasing Department shall buy at the lowest and best cost
11
consistent with the quality needed to meet the requirements of the County. New sources of
supply will be given consideration, as multiple sources of supply are necessary to insure
availability of materials. The County also recognizes its obligation to Equal Employment
Opportunity and Affirmative Action and will pursue these goals to the best of its ability.
..
E. The County strives to maintain strong and enduring relationships with vendors of proven ability
and those who desire to meet its needs. To accomplish this, Purchasing activities will be
conducted so that vendors will place a high value on County business and make every effort to
meet these requirements on the basis of quality, service and price.
F. Conduct and Business Relations with Salesmen will be as follows:
1) Salesmen may be received in other departments only at the request or permission of the
Purchasing Department.
2) Department desiring to interview salesmen regarding details.oftheir products should
request such visits through the Purchasing Department. '
3) During interviews with salesmen! no one may commit a preference for any product or
service or give any information regarding performance or price which might in ,any way
give one vendor an advantage over another vendor or embarrass the County.
4) All correspondence with suppliers will be through the Purchasing Department, except
in special cases where technical details involved make it advisable to delegate authority
to others. In such cases, the Purchasing Department shall be provided an information
copy of all correspondence.
5) Give all salespersons a full, fair, prompt and courteous hearing.
6) Keep competition open and fair.
7) Keep specifications fair and clear.
8) Cooperate with the seller and consider any difficulties.
9) Have consistent buying policies and principles.
10) Observe strict truthfulness in all transactions and in correspondence.
11) Respect the confidence of the salesperson or their company as to confidential
information.
12) Keep free from obligation to any vendor.
12
G. Cooperation and understanding between departments is essential to the effective operation of
the purchasing system. Close liaison must be established between the Departments and the
Purchasing Department in order to maintain an efficient and economical purchasing system.
4. PURCHASING DEPARTMENT ETIDCS:
A. Acceptance of gifts at any time, other than advertising novelties, is prohibited. Acceptance of
entertainment also is prohibited. Employees must not become obligated to any suppliers and
shall not conclude any County transaction from which they may personally benefit.
B. No CountY officer or employee shall bid for, enter into, or be in any manner interested in any
contract for County purchases or County public works nor shall any officer or employee seek
to influence the purchase of a product or service from any offeree; except this restriction shall
not be construed to restrict persons from evaluating and appraising the quality and value of the
product to be purchased or service to be rendered where the person's scope of employment
contemplated advice and council with respect to the purchase. No County officer shall receive
any gift, or benefit of any nature from prospective bidders. The avoidance of actual or apparent
conflicts of interest is a prime requisite to the efficient and sound operation of government and
maintenance of the public trust. Conflicts result in public discredit and justifiable criticism and
shall be avoided at all cost.
5. VALUE ANALYSIS COMMITTEE:
A. The Purchasing Department will maintain a committee to study, evaluate and recommend ways
to save the County money through the more efficient procurement of equipment, supplies, and
servIces.
B. This committee will consist of:
1) Designated representative of the buying staff.
2) Representative from using department.
3) Technical representative, if required.
13
SECTION 3
PURCHASING PROCEDURES -
(INFORMATION FOR ORDERING DEP ARTMENTSffiIVISIONS)
1. Bid Procedures
2. Quotations
3. Se'aled Bids
4. Bid Advertisements
5. Normal Requisitioning and Purchasing Procedures
6. Requisitioning from the Central Warehouse/Supply Room
7. Receipt of Goods and Services
8. Purchase Order Follow-up
9. Canceling of Purchase Orders
10. Direct Purchase Orders
11. Public Entity Crimes Requirements
12. Request For Proposals (RFP)
14
SECTION 3
PURCHASING PROCEDURES -
(INFORMATION FOR ORDERING DEP ARTMENTSIDIVISIONS)
1. BID LIMITS:
The Purchasing Agent is authorized and empowered to purchase or contract for equipment, supplies
and services for County purposes when the amount to be paid therefore by the County does not exceed
the bid limit established by the Board to the lowest and best quotation.
BID PROCEDURES - PURCHASES OVER $10.000.00
1. Bids $10,000 or over are advertised in the local designated legal gazette (Augusta
Chronicle) in the legal notice section and also advertised in the Augusta Focus (Thursday-
Weekly) and the Metro County Courier (Wednesday - Weekly).
2. Bids in the Augusta Chronicle are advertised three (3) times within a ten day period with the
exception oflarge construction projects which are advertised once a week for four (4) weeks.
Bid must be received three (3) days prior to first bid publishing date.
a. Bids for the Metro County Courier must be received by Friday at noon for
publishing in the Wednesday paper.
b. Bids for the Augusta Focus must be received by Monday at noon for publishing in the
Thursday paper.
2. All bid specifications can be picked up at the Purchasing-Department unless otherwise not.ed
in bid advertisement.
3. . All bids must be delivered or mailed in a sealed envelope indicating Bid Number & Bid Item
on lower left side prior to the date and time set forth on each bid notice. Our normal time for
opening of bids is 11 :00 a.m. on any given week-day. At 11 :00 a.m., no additional bids will be
received. If any bids come in after 11 :00 a.m., the date and time is recorded on the envelope
along with a signature of the Purchasing Clerk receiving the bid.
4. All Vendors/Bidders are welcomed and encouraged to attend our bid openings. After the bids
are opened, they are considered public information. Anyone wanting to know the bid quotes
can either come by the office for a copy of the bid tabulation or call the office for the bid
tabulation.
5. TermslDefinitions used in bid specifications:
a. Bid Bond - used on construction & road projects mainly
15
This bid bond is ten percent (10%) of the total bid quote and can be submitted in cash, cashier's
check, certified check, letter of credit for their bank, or a bid bond can be submitted which is issued
through their insurance company.
This bid bond is to insure Richmond County that the bid quote will not be withdrawn after the ~ids
are opened. This bid bond is returned to the bidder after the bid is awarded to successful bidder.
b. Payment Bond
This bond is one hundred percent (100%) of the total bid quote and is required to be submitted by
successful bidder.
The payment bond is to insure Richmond County that the successful bidder will be paying their
suppliers and that Richmond County will not be responsible for their unpaid invoices.
c. Performance Bond
This bond is one hundred percent (100%) of the total bid quote and is required to be submitted by
successful bidder.
The performance bond is to insure Richmond County that the workmanship meets all the
, standards/specifications set by the Augusta-Richmond County Consolidated Government.
BID PROCEDURES - PURCHASES OVER $5.001.00 TO $10.000.00
1. Bids over $5,001.00 to $10,000.00 are classified as written bids.
Written quotes on items are required.
2. Bid specifications are mailed to various vendors that can supply the item(s)
requested for bid.
3. All bids must be delivered, mailed, fax~d to the Purchasing Department prior to the date
and time set on each bid opening. Our normal time for opening written bids is 2:00 p.m.
on any given weekday.
4. All vendorslbidders are welcomed and encouraged to attend our bid openings. After the
bids are opened, they are considered public information. Anyone wanting to know the
bid quotes can either come by the office for a copy of the bid tabulation or call the
office for the bid tabulations.
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BID PROCEDURES - PURCHASES UNDER $501.00 TO $5.000.00
1. Quotes under $501.00 to $5,000.00 are obtained by telephone. Three (3) quotes are
taken from different vendors over the telephone.
PURCHASING PROCEDURES BY REOmSITION:
1. A Purchase Order can only be generated by a pre-numbered requisition order.
NOTE: The requisition number and the purchase order number are not the same
number.
2. The user department must completely fill out the requisition form (see attached copy)
making sure to list all of the following items:
Department Name
Department Number - (Fund #-Department#-Object Code #)
Department Head Signature
Requisition Date
Complete description of the item(s) needed.
Quantity
Any other information vital to your order - delivery etc.
Suggested Vendors (optional)
3. The Purchasing Policy will determine how the quotes will be received:
$ 100.00 - $500.00 - Department Head Approval
$ 501.00 - $5,000.00 - Oral bids (by telephone)
$5,001.00 - $10,000.00 - Written bids (can be faxed or mailed)
$10,001.00 - and up - Sealed and formal bids
4. After a requisition is received by the Purchasing Department, the Budget is
checked to make sure the monies are available. If the request is for a Capital ,
Outlay item, the item or project will be listed individually in the Capital Outlay
Budget and those monies can be used only for the designated item/project.
5. If the funds are available and/or the Capital item is designated, bid quotes will then be
obtained and a purchase order issued.
a. If funds are not available, the requisition will be send back to the user
department and they will have to get with the Finance Department to
arrange for a Budget Adjustment.
6. A purchase order can be issued within 24 hours. All requisitions entered in the
computer by 4:30 p.m. will generate a purchase order the next day by 10:30. a.m.
17
7. ' In an emergency situation, the Purchasing Department can authorize the purchase or
repair without a purchase order. If supplies or repairs are needed on the week-end (after
5:00 p.m. on Friday through 8:30 a.m. on Monday), the Department needs to, contact
the Purchasing Department so a Purchase Order can be issued.
2. OUOT A TIONS:
A. The Purchasing Agent will obtain multiple competitive quotations whenever possible. Small
purchases under $500.00 are exempted. Sole source items emergencies also an exception;
however, written documentation confirming this condition shall be required. Other
circumstances creating an inability to secure multiple quotations shall be documented.
B. The Purchasing Agent or his staff may solicit either oral or written quotations from the open
market and shall use-available current vendor's and supplier's price lists All quotations in
excess of ($5,000.00) shall be in writing. If at least three (3) quotations are not possible, the
Purchasing Agent or buying staff will make a written determination to become part of the
purchasing file.
C. The Purchasing Agent shall maintain a bulletin board within the Purchasing Department
accessible to the public, where all advertisements for bids shall be posted.
3. SEALED BIDS:
A. All purchases or contracts except as provided below) when the sum is in excess of the bid limit;
$10,000.00, shall be advertised for bids and may be awarded by the ARC Commission to the
lowest and best bidder, or rej ected if in the best interest of the County.
B. All requirements necessitating bidding for departments under the ARC Commission must be
approved in the budget or if not in the budget be approved by the County Commissioners prior
to being received by the Purchasing Department. '
C. Exceptions to sealed bid and award method include:
1) Emergency Purchases - When accompanied by a letter of justification from the
Department Director and approved by the Purchasing Agent.
2) Sole-Source Items - When accompanied by a letter of justification from the Department
Director and approved by the Purchasing Agent following Board approval.
3) Competitive Sealed Proposals - When the Purchasing Agent determines in writing that
the use of competitive sealed bidding is not practicable or advantageous to the County.
4) State Contract - As allowed in the Georgia Statutes.
5) GSA Contract - As provided in County Ordinance #
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4. BID ADVERTISEMENTS
A. The advertisement inviting bids shall be published twice, seven (7) days apart, and shall not be
received for less than sixteen (16) days starting the first day of publication. The advertisement
shall be published in a newspaper of general paid circulation which) whenever possible, is
published at least two (2) days a week in the County.
B. Under no circumstance will the bid documents be made available to prospective bidders before
the publishing of the legal notice.
C. The newspaper advertisement shall include a general description of the equipment, supplies or
services to be procured, where bid blanks and specifications may be secured, the closing date
for acceptance of bids or proposals, and the time and place for opening bids.
D. Designated place for the opening of all bid proposals and bids shall be held in the Conference
Room of the ARC Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia.
All bid proposals and bids shall be accepted at the above location.
5. NORMAL REOUISITIONING AND PURCHASING PROCEDURES:
A. Necessity for Pre-Planning Supply and Equipment Needs - Planning is essential in assuring your
needs for goods and services are met in a timely manner. The time required to issue an order
and secure delivery is determined by many different factors, most of which involves the
vendor/supplier. Some examples are shown below:
1) Type of item or items.
2) Value of the item or items.
3) Number of suppliers available and are they local?
4) Is it a regularly stocked item or special order~
5) Backlog of purchases being negotiated.
B. Proper Lead Time -The Purchasing Department attempts to place each order quickly and
efficiently. Many orders are more routine and easily placed while others require more time.
Factors relative to the time in which an order can be properly placed are: 1) sources, 2) does it
require bids?, 3) price comparisons, frequency of purchases, etc. Only with proper planning and
foresight can unnecessary delays be avoided. In emergency situations, Purchasing will assist
in every way to purchase as quickly as possible.
C. Proper Classifications of Items in Preparation of Requisition-the Requisition is the primary
method used to obtain supplies and equipment from vendors. All items of similar Classification
(equipment, supplies, etc.) which can be purchased from one vendor, shall be grouped on the
same request.
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D. Review of the Requisition -Requisitions received by Purchasing are reviewed for:
1) Completeness and accuracy.
2) Availability of funds.
3) Proper account number
4) Proper approval as signed by the department.
E. Suggestions on Preparing Requisitions
1) Please type for ease of reading. Limit requisitions to related groups of items, which can
be obtained from one supplier.
2) All Requisitions submitted shall reflect the Ship To Address.
3) Use suggested vendor and address. It assists the Purchasing Department, but it is not
mandatory that you supply this information or that the Purchasing Department use it.
4) A department should always specify when Goods or Services are required. Calling for
delivery within a week that will require two (2) weeks to fabricate would not be a
reasonable request. Bona fide emergency requirements will be expedited to meet
department needs. The specific date or dates should be stated. A void terms such as
"Urgent" "Rush" "As soon as possible" or "Immediate". ~en the exact date is not
important, the phrase, "On or before" is appropriate. When delivery of all items on the
Requisition are required on the same ,date, only one date is necessary preceded by the
word "All", otherwise, specify a separate date for each item or group of items. The
information furnished, under this heading is important and should be stated with care and
discretion because it affects both the bid price and transportation cost.
5) Give a full description of what the item is.
6) Clearly indicate quantity such as quantity per box, gallons per container or pounds per
package.
7) Rubber stamped signatures will not be accepted.
8)
If any correspondence, conversations or specifications of any kind apply to the items on
a Requisition, attach; with a thorough explanation of any matters which may affect the
selection of a source of supply by Purchasing. Otherwise, it will be assumed that no
inquiries have been made in connection with the request.
'-
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6. REQillSITIONING FROM THE CENTRAL W AREHOUSE/SUPPL Y ROOM:
A. Before filling out a Departmental Requisition, the Warehouse Stock Catalog is to be cons~lted
to determine if a suitable item is available for immediate delivery from stock. If-so, fill out a
Departmental Requisition for the item (5) and forward it to the Purchasing Central Warehouse
by inter-office mail.
B. If a Departmental Requisition should be submitted for items stocked in the Warehouse, the
Purchasing Department will return the Requisition to the ordering department indicating that
the items are warehouse stocked and a Departmental Requisition will be required to obtain the
stocked items.
C. After completing the Departmental Requisition, retain the yellow copy and forward the white
copy to the Purchasing Central WarehouselPurchasing Department. The following is a checklist
in preparation of the form:
1) From: Give Department name.
2) Ship To: Give location where materials are to be delivered.
3) Date: Self-explanatory.
4) Approved By: Person who has authority to sign Departmental Requisitions.
5) Quantity & Description: Pay attention to the unit of issue and order only in multiples of this
quantity. Include description and stock number as they are shown in the Warehouse Catalog.
D. If you ,are unclear about locating an item or if information is desired concerning quantity in
stock call the Purchasing Department, 821-2422. Note: We are stocking only office supplies
at this time, please use the procedures that are listed above.
7. RECEIPT OF-GOODS AND SERVICES:
A. Any equipment, supplies, or services which go directly to the ordering department/division must
be checked by that department/division as to accuracy, quantity and quality. Only after this has
been accomplished should a delivery ticket, invoice or receiving report be signed. All
exceptions are to be noted on the document signed.
B. When signing for services performed, sign only for what was actually performed. Never sign
blank invoices or service tickets. Always insist that a copy be left by the vendor with your
department/division.
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8. PURCHASE ORDER FOLLOW-UP:
A. Department/Division initiating requisitions should keep track of all outstanding requisitions
and coordinate with the Purchasing Department to insure requisitions have been rece~ved
and are valid.
B. The function of the Purchasing Department is to supply equipment, supplies or services to fulfill
requirements. This function is not complete until satisfactory delivery of such items has been
made. Follow-up of outstanding purchase orders is made as follows:
1) The Purchasing Department will review open purchase orders upon being notified by
the ordering department/division that items are past due or needed before planned.
2) The Purchasing Department will either write or telephone the vendor(s) and a follow-up
date noted on the green copy of the purchase order. Negative replies from the vendor(s)
will result in a follow-up contact requesting specific reasons as to why delivery has not
been made as promised. A new, realistic delivery date will be established if the
vendor( s) has a bona fide reason of delay. If not, the order is subject to cancellation.
The ordering department will then' be notified.
3) Continued broken promises and/or poor service shall result in the Purchasing Agent
evaluating such performance to determine if the vendor(s) should be removed from the
bid and quotation list.
9. CANCELING OF PURCHASE ORDERS:
A. When a department determines that an order is to be canceled the Purchasing Department must
be notified. The buyer who placed the order should be the person contacted.
B. The buyer may cancel the order verbally, the a~tion must then be confirmed in writing. If the
order can be canceled, the buyer may request the ordering department; send a copy of the
Requisition with the word canceled, authorized signature and date.
C. The buyer will annotate the Purchasing Department file copy and the receiving copy of
cancellation of the order.
D. The buyer will then authorize a verbal cancellation with Accounts Payable so that the funds for
this purchase may be unencumbered.
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10. DIRECT PURCHASE ORDERS:
A. As a rule, the use of Direct Purchase Orders will be restricted to purchases in the following
categories:
1. Repairs
2. Repair Parts
3. Annual and Semi Annual Bids
4. Small purchases under $100.00
5. Legal Adds
6. Fire Extinguisher Services (Annual Quote)
7. Other as assigned by Purchasing Agent
B. Direct Purchase Orders and Numbers shall be obtained from the Purchasing Department.
Departments/Divisions must use Direct Purchase Numbers for purchases that are listed in the
above categories. When calling Purchasing for a Direct Purchase Order Number the following
information is required.
1. Category
2. Vendor
3. Amount
4. Description
5. Department/Division
11. REOUEST FOR PROPOSALS:
Request for proposals shall be handled in the same manner as the bid process as described above for
solicitation and awarding of contracts for goods or services with the following exceptions:
A. Only the names of the vendors making offers shall be, disclosed at the proposal opening.
B.' Content of the proposals submitted by competing persons shail not be 4isclosed during the
process of the negotiations.
C. Proposals shall be open for public inspection after the award is made.
D. Proprietary or confidential information, marked as,such in each proposal, shall not be disclosed
without written consent of the offeror.
E. Discussions may be conducted with responsible persons submitting a proposal determined to
have a reasonable chance of being selected for the award. These discussions will only be for
the purpose of clarification to assure a full understanding of the solicitation requirement and
responsiveness thereto.
F. Nonmonetary revisions may be permitted after submissions and prior to award for the purpose
of obtaining the best and final offers.
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G. In conducting discussions with the persons submitting the proposals, there shall be no disclosure
of any information derived from the other persons submitting proposals.
12. PRE-BID CONFERENCE AND ADDENDUM:
A conference to be conducted by the Purchasing Director and using agency head, if appropriate,
hearing will be scheduled at least five (5) working days before receipt of bids. While the pre-bid
conference is not'a requirement, it is strongly recommended and widely used to further acquaint
interested bidders with the bid requirements and items to be purchased and, vendor input. Any
substantive changes to specifications resulting from pre-bid conference or other vendor/contractor
sessions shall be documented in an addendum and communicated to all bidders registered for the
procurement action.
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SECTION 4
SPECIFICATIONS, BIDS AND AWARDS
1. Purpose of Specifications
2. Responsibility for Specifications
3. Specification Development
4. Bid Development
5. Bidders List
6. Debarment of Bidders
7. Processing of Bids
8. Evaluation of Deviations and Method of Award
25
SECTION 4
SPECIFICATIONS, BIDS AND AWARDS
1. PURPOSE OF SPECIFICATIONS:
Technical specifications are designed so as ,to assist the Purchasing Department and requisitioning
departnient to insure that the quality and service will fulfill the requirements for which the equipment,
supplies or services are intended. Non-technical specifications deal with contract language, legal
terms, provisions, etc.
2. RESPONSIBILITY FOR SPECIFICATIONS:
A. The Purchasing Department is responsible for maintaining copies of all current specifications.
B. Preparation of technical specifications for new equipment, supplies or services is the
responsibility of the requesting division or department in coordination with the Purchasing
Agent. Non-technical specifications are the responsibility of the Purchasing Department.
C. The Purchasing Agent may make modifications or alterations to the specification to
accommodate competitive bidding. The Purchasing Agent will furnish the requesting division
or department a written report of the changes recommended and why changes are desired.
Should the Purchasing Agent and requesting department fail to resolve the differences, the
specifications will be referred to the Administrator for resolution.
3. SPECIFICATION DEVELOPMENT:
A. In considering and developing specifications, it must always be remembered that expenditures
derived from public source and administered, by public bodies CaImot be expected to provide
- for unwarranted levels of quality. Therefore, the general policy of purchasing good, standard
grades of merchandise which'represent an optimum of quality and price and provide a
satisfactory level of service will be followed.
B. Bids and quotations should be based on concise but adequate specifications. A lengthy
specification composed or designed solely for the pw:pose of eliminating com.petition other than
those able to supply a particular brand name should not be used except when no other type of
specification can be drawn. Specifications should be detailed to provide a basis for full and fair
competitive bidding upon a common standard, and should be free from any restrictions which
would have the effect of stifling competition.
26
C. The following guidance is provided f~r the preparation of a specification:
1) State exactly what is wanted clearly, definitely and completely.
2) Provide the means or basis for testing deliveries for conformance with the specificat~ons.
Without this check, the specification loses much of its force as a purchasing tool. .
3) Avoid non-essential quality restrictions that add to cost and difficulty in procurement
without adding to utility and value.
4) Avoid definitions that unnecessarily restrict competition.
5) Conform, so far as possible, to establish commercial and industrial standards.
D. Should it be found, after bids have been opened, that a product with an alternate specification
is low and would prove to be satisfactory, all bids would be rejected and the specifications
re-drawn to allow all bidders an equal opportunity to submit proposals on an acceptable
alternate.
E. Once an invitation to bid has been mailed, no change in the specifications can be made unless
all prospective bidders are so notified by mail in an addendum in triplicate clearly pointing out
such changes. This addendum shall instruct the bidders to sign and attach two (2) copies to their
bid as proof of receipt and retain the third copy with their bid file.
F. Once a decision has been reached on the specifications, all bids must be based upon the same
specifications and no bidder has a right to substitute other specifications for those contained in
the bid.
4. BID DEVELOPMENT:
A. - Bid Invitation Formal bid invitation is the means for publicly notifying prospective bidders of
the need for equipment, materials, and/or services the County intends to order. Orders in excess
of $1 0,000.00 will normally be requested by sealed bid invitations. The only deviations from
this procedure are as follows:
1) Emergency Purchases
2) Sole-Source Items
3) Competitive Sealed Proposals
4) State and GSA Contracts
5. BIDDERS LIST:
A. The Purchasing Department will maintain a "Bidder's List" of bidders who desire to receive bid
invitations by mail. A prospective bidder's application should be submitted and directed to the
Purchasing Agent requesting to be placed on the "Bidder's List".
27
B. The Purchasing Department is responsible to investigate all bidders requesting permission to
submit bids to the County. Investigative action must be completed prior to the execution of an
award.
C. The Director of Purchasing will insure that only bids from responsible bidders are consid~red
and accepted.
6. DEBARMENT OF BIDDERS:
A. The Director of Purchasing has the authority to suspend or debar a person or fIrm from
consideration for award of contracts or bids. (Black's Law Dictionary, 5th Edition)
B. Causes for debarment:
1) Conviction of a criminal offense, as an incident to obtaining or attempting to obtain a
public or private contract.
2) Conviction under State and/or Federal Statutes, of any offense indicating a lack of
business integrity or business honesty. Examples include; embezzlement, theft, and
forgery .
3) Conviction under State and/or Federal Anti-Trust Statutes, arising out of the submission
of bids or proposals.
4) Violation of contract provisions of sufficient seriousness that the Director of Purchasing
considers debarment appropriate. This would include; failure to perform or
unsatisfactory performance of a contract or bid.
5) Violation of ethics as set forth elsewhere in this Manual.
6) Any other cause that the Director of Purchasing determirtes to be so serious, as to affect
the responsibility as a contractor to th~ County.
C. Any bidder being suspended and/or debarred, will be notifIed in writing by the Director of
Purchasing. All reasons for the action being taken, will be explained.
D. Any bidder may, have the decision of suspension and/or debarment, reviewed by the
Administrator. This will be done by written request.
I) Failing resolution atthis level, a written request may be made to the ARC Commission,
whose decision will be fInal.
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;
7. PROCESSING OF BIDS
A. The time and date specified, the sealed bids will be opened and recorded in the presence of the
Purchasing Director and/or his representative. Bids will not be accepted after the time set for
the bid opening. Tabulations will be announced and made available for review by anyone
interested at an appropriate time as deemed by the Director of Purchasing. If for any valid
reason, a bidder is unable to furnish the proper bid documents at the time set for the bid
opening, a bid by telegram will be accepted, provided that the proper bid documents are
forthcoming within three (3) calendar days. This bid will not be considered if, the bid
documents and the telegram vary in any manner. The telegram must be delivered by hand, no
later than the time set for the receiving date.
B. The Director of Purchasing will insure bids have been properly signed by a person authorized
to sign such documents for the bidder. Unsigned bids will be rejected.
C. Bidder's, where required, will make a statement in their bid indicating awareness of the County's
Affirmative Action Policy and willingness to comply with those provisions applicable to
bidder's doing business with the County. Lack of such a statement, may be grounds for
rejection of their bid.
D. The Director of Purchasing and Department heads involved, will review the bids and
recommend to the ARC Commission the bidder or bidder's to receive the order on the basis of
the lowest and best bid meeting specifications.
E. Aft_er a bid has been opened, a bidder will not be permitted to withdraw or lower their bid, or
any deposit which may have been made. If, however, circumstances warrant the apparent
lowest and best bidder to notify the Director of Purchasing that an error has been made in their
bid, the Director of Purchasing will require the bidder to furnish a letter detailing their error and
measure of relief sought. The Director of Purchasing will present the matter, with
recommendations, to the County Commissioners. All proposals guaranties and -good faith
deposits wiJl be returned immediately after the tabulation and analysis of the bids, except of the
three (3) lowest bidder's, these will be returned within fifteen (1'5) days following the award of
the Contract and that of the successful bidder upon the execution of the Contract.
F. In the event two (2) or more bidder's have submitted the lowest and best bids, preference may
be given in the award in the following order. First, to the bidder who has a principal place of
business in ARC; Second, to the bidder who has, a place of business in ARC. Otherwise, the
bids shall be awarded by lot.
G. After approval of the award by the ARC Commission, the Purchasing Agent will notify the
successful bidder. The normal means of notification is by letter or issuance ofa purchase order,
however, when the bid is awarded near the expiration date of bidders' specified time for
consideration, the Purchasing Agent will notify the successful bidder.
29
;
H. The date the Board approves the award shall constitute the date of acceptance, regardless of the
date of the letter, purchase order, or any other means of notification to the successful bidder.
This approval constitutes authority for the Chairman and the Clerk to sign any needed contract
documents.
8. EVALUATION OF DEVIATIONS AND METHOD OF AWARD:
A. Only bids from responsive bidder's are to be considered. A responsive bidder is one who has
submitted a bid, which conforms in all material respects to the bid specifications.
B. Deviations in bids may be either material or immaterial and minor in nature.
C. Material deviations may not be waived in order to make an award. Material deviations are those
that go to the substance of the bid. The deviation affects the price, quality, or delivery of the
materials or services offered and is prejudicial to the rights of other bidder's. Illustrative
examples include:
1) Minimum specification is not met as with required horse power in a truck.
2) Type of item asked for is not being furnished as with the type of pump needed in a water
plant.
3) Where price is not filled in or subject to change at a future time during the contract
period.
D. Immaterial or minor deviations are those that will not alter a bidders' position with respect to
receiving the award. These may be clarified with the bidder or bidder's to allow the County to
understand what it will be receiving. Illustrative examples include:
1) Failure to file a certificate of non-collusion with the bid.
2) Failure to submit requested brochures or catalogs with the bid. .
E. An award will be made to the lowest responsible and responsive bidder whose bid meets the
requirements and criteria set forth in the bid documents.
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~
SECTION 5
COOPERATIVE PURCHASING
1.
DEFINITIONS:
Cooperative procurement. Procurement conducted by, or on behalf of, more than one public
procurement unit.
Public procurement unit. The United States Government, any department, agency or division thereof,
any county, city'- town, and any subdivision of the State of Georgia or public agency of any such
subdivision, public authority, educational, health, or other institution, any other non-profit entity
which expends public funds for procurement or supplies, services, or construction.
2. COOPERATIVE PURCHASING AGREEMENT:
Cooperative purchasing may be agreed to between Augusta-Richmond County and other public
procurement units. Written agreements are encouraged so as to clearly document the requirements
and any special conditions of purchase should a public solicitation be utilized.
3. SALE. ACOmSITION. OR USE OF SUPPLIES:
Augusta-Richmond County may sell to, acquire from, or use any supplies belonging to another public
procurement unit independent of the requirements of Article 6 (Procurement Source Selection
Methods and Contract Awards) and Article 13 (Supplies and Fixed Assets Management Programs).
4. COOPERATIVE USE OF SUPPLIES OR SERVICES:
Augusta-Richmond County may enter into an agreement with any public procurement unit for the
cooperative use of supplies or services under the terms agreed upon between the parties.
5. JOINT USE OF FACILITIES:
Augusta-Richmond County may enter into agreements for the common or joint use or lease of
warehousing facilities, capital equipment, and other facilities with any public procurement unit under
the terms agreed upon between the parties.
6. USE OF STATE CONTRACTS.:
Augusta-Richmond County may procure supplies, services or construction items through contracts
established by the Purchasing Department of the State of Georgia where such contracts and contractors
substantially meet the requirements of the Augusta-Richmond County Code and Manual governing
procurement procedures.
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7. PURCHASE OF SURPLUS AND EXCESS PROPERTY:
Augusta-Richmond County may purchase surplus and excess personal and real property from the
United States Government or any other public procurement unit upon verification of need, fund
availability, and approval by the appropriate level of authority within Augusta-Richmond County as
detailed in Article 10 of Augusta-Richmond County Code.
8. WAIVER:
Any use of cooperative purchasing as described above is independent of the requirements for source
selection and contract award.
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SECTION 6
CONTRACT ADMINISTRATION AND MANAGEMENT
1. PURPOSE:
.-
A contract administration system, designed to insure that a contractor is performing in accordance
with the solicitation under which the contract was awarded, shall be maintained by the Purchasing
Director with assistance from the using agency. Effective administration therefore includes the
development of concise and competitive specifications, well developed terms and conditions of
contract, and prompt, efficient day-to-day administration. Contract administration generally shall be
the responsibility of the using agency requesting the commodity, general or construction service,
except that certain specialized contracts may be administered by selected trade professionals, e.g.,
architects, engineers, construction managers, etc.
2. AUGUSTA-RICHMOND COUNTY CONTRACTS AND CONTRACT CLAUSES:
A. Use of model (standard) contracts and clauses. The Purchasing Director, after consultation with
the Augusta-Richmond County Administrator, using agency head, and Augusta-Richmond
County Attorney, may establish standard contract clauses for use in County contracts for v.arious
commodities, services and construction products. Such contracts shall include provisions
necessary to clearly define the responsibilities and rights of the parties to the contract.
B. Provisions of Augusta-Richmond County contracts. Whether designed as a model or standard
contract provision or specifically tailored for a particular contract, all Augusta-Richmond
County contracts should include provisions for:
1) the unilateral right of Augusta-Richmond County to order in writing a temporary
stopping of work, or scope, of the contract;
2) ,the unilateral right of Augusta-Richmond County to order in writing a temporary
stopping of the work, or delaying performance that does not alter, the scope, of the
contract;
3) variations, occurririg between estimated quantities of work in contract and actual
quantities;
4) defective pricing;
5) liquidated damages;
6) specified excuses for delay or non-performance;
7) termination of the contract for default;
8) termination of the contract in whole or in part for the convenience of Augusta-Richmond
County;
33
9) payment procedures;
10) hold harmless provisions;
11) prohibition against contingent fees;
12) suspension of work on a construction project ordered by Augusta-Richmond County;
13) site conditions differing from those indicated in the contract, or ordinarily encountered,
except that a differing site conditions clause need not be included in a contract:
(a) when the contract is negotiated,
(b) when the contractor provides the site or design, or
@ when the parties have otherwise agreed with respect to the risk of
differing site conditions, and
(d) insurance requirements.
3. CONTRACT MODIFICATION:
A. Every modification to a contract with Augusta-Richmond County, which has not been
previously approved by the Augusta-Richmond County Commission, shall be subject to prior
approval by the Commission. A contract modification does not require Commission action if
a contingency amount has been approved and the contract modification is within that amount
and provided the Augusta-Richmond County Administrator has been contractually or otherwise
specifically designated by the Commission for such purpose.
. B. In instances where the purchasing Director; architect/engineer, or project manager, with the
approval of the using agency head, and Administrator, determine that the contract modification
or change order cannot be delayed without substantial delay and cost to Augusta-Richmond
County and funds are available and the appropriate budget transfer is made, the Adnlinistrator
may authorize the appropriate action.
4. BID SECURITY AND PERFORMANCE BONDS:
A. Requirement for bid security. Bid security shall be required for all competitive sealed bids for
construction contracts when the price is estimated by the Purchasing Director to exceed
$20,000. Bid security shall be a bid bond provided by a surety company authorized to do
business in the State of Georgia, or the equivalent in a cashier's or certified check made payable
to Augusta-Richmond County. Nothing herein shall prevent the requirement of such bonds on
construction contracts under $20,000 when the circumstances warrant. .
34
B. Amount of bid security. Bid security shall be in an amount equal to at least 10% of the amount
of the bid. Except for the three (3) lowest bidders, unsuccessful bidders shall be entitled to the
return of the bid security. Upon failure of a successful bidder to enter into a contract within an
established time frame after Augusta-Richmond County tenders the proposed contract, the
bidder shall forfeit the bid security. Upon approval of the contract by the Commission~ ,the
remaining bid securities shall be returned.
C. Rejection of sealed bids for noncompliance with bid security and authority. If required, and the
bid security is not included with the bid, the Purchasing Director shall recommend to the
Commission that the bid be rejected.
D. Withdrawal of bids. Ifa bidder is permitted to withdrawn its bid before award as provided in
~ 1-10-42 (g) (Sealed Bidding; Correction or Withdrawal of Bids) no action shall be taken
against the bidder or the bid security. (Bidder entitled to return of bid security). As provided in
the Augusta-Richmond County Code.
5. CONTRACT PERFORMANCE AND PAYMENT BONDS:
A. When required--amounts. When a construction contract is awarded in excess of $20,000, the
following bonds or security shall be delivered to Augusta-Richmond County and shall become
binding on the parties upon the execution of the contract:
B. A performance bond satisfactory to Augusta-Richmond County, executed by a surety company
authorized to do business in the State of Georgia or otherwise secured in a manner satisfactory
to Augusta-Richmond County, in an amount equal to 100% of the price specified in the
contract; and
C. A payment bond satisfactory to Augusta-Richmond County, executed by a surety company
authorized to do business in the State of Georgia or otherwise secure~ in a manner satisfactory
to Augusta-Richmond County, for the protection of all persons supplying labor and material to
the contractor or its subcontractors for the perfof11J.ance of the work provided for in the contract.
The bond shall be in an amount equal to 100% of the price specified in ~e contract.
D. Reduction of bond amounts. Prior to the taking of bids, the Purchasing Director and
architect/engineer or project manager, upon approval of the Administrator, may reduce the
amount of performance and payment bonds when a written determination is made that it is in
the best interest of Augusta-Richmond County to qo so, provided Georgia law does not mandate
the amount of such bond.
E. Authority to require additional bonds. Nothing in this Section shall be construed to limit the
authority of Augusta-Richmond County to require other security in addition to those bonds if
warranted by the circumstances and other than specified in Subsection (1) of this Section.
35
6. BOND FORMS AND COPIES:
A. The form of payment and performance bonds and other required bonds shall be prescribed by
the Augusta-Richmond County Attorney.
B. Any person may request and obtain from Augusta-Richmond County a certified copy of a bond
upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of
a bond shall be prima facie evidence of the contents, execution, and delivery of the original.
7. RETAINAGE:
A. Maximum amount to be withheld. In any contract or subcontract for construction which
provides for progress payments in installments based upon an estimated' percentage of
completion with a percentage of the contract's proceeds to be retained by Augusta-Richmond
County pending completion of the contract or subcontract, the retained amount of each progress
payment or installment shall be no more than ten percent (10%). The Retainage may be reduced
to five percent (5%) after fifty percent (50%) of the work is complete if Augusta-Richmond
County desires.
B. When used. Retainage may be applied to any construction contract, regardless of the dollar
amount. Its use shall be so decided prior to release of the project for bid. Its use is
recommended on projects of less than $20,000 value when the bonds have been waived.
C. Release of Retainage. Funds held by Augusta-Richmond County as Retainage under the
contract shall be released upon completion and acceptance of work except as described herein.
8. WAGE AND REOUlREMENTS FOR FEDERALLY FUNDED PROJECTS:
When a project has federal funds, the prevailing wages paid shall correspond as nearly as practicable
- to those prescribed in the Federal Davis Bacon Act when required. The wage. scale shall be posted
by the contractor in a prominent and easily accessible place at the site of work in accordance with
Federal Government requirements.
9. APPROVAL OF ACCOUNTING SYSTEM:
Except with respect to firm fixed-price contracts, no contract type shall be used unless it has been
determined in writing by Augusta-Richmond CoUnty that:
a. the proposed contractor's accounting system will permit timely development of
all necessary cost data in the form required by the specific contract type
completed; and
b. the proposed contractor's accounting system is adequate to allocate costs in
accordance with generally accepted cost accounting principles.
36
9. CONTRACTUAL PROVISIONS FOR WORKADAY INSPECTIONS:
All contracts shall provide that Augusta-Richmond County may, at reasonable tim~s, inspect the part
of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which
is pertinent to the performance of any contract awarded or to be awarded by Augusta-Ric~ond
County .
10. CONTRACTUAL PROVISIONS FOR AUDITING RECORDS:
A. Audit of costs or pricing data. All contracts shall provide that Augusta-Richmond County may
at reasonable times and places, audit the books and records of any contractor who has submitted
cost or pricing data pursuant to 9 1-10-502 (Cost or Pricing Data) to the extent that such books,
documents, papers, and records are pertinent to such cost or pricing data. Any person who
received a contract, change order, or contract modification for which cost or pricing data is
required, shall maintain such books, documents, papers, and records that are pertinent to such
cost or pricing data for three years from the date of final payment under the contract.
B. Contract audit. All contracts shall provide that Augusta-Richmond County shall be entitled to
audit the books and records of a contractor or subcontractor at any time under any negotiated
contract or subcontract other than a firm fixed-price contract to the extent that such books,
documents, papers, and records are pertinent to the performance of such contract or subcontract.
Such books and records shall be maintained by the contractor for a period of three years from
the date of [mal payment under the prime contract and by the subcontractor for a period of three
years from the date of final payment under the subcontract.
11. REPORTING OF ANTI-COMPETITIVE PRACTICES TO STATE:
When for any reason collusion Of- other anti-competitive practices are suspected among any bidders
or offetors, a notice of the relevant facts shall be transmitted to the State Attorney General by the
Augusta-Richmond County Attorney.
37
SECTION 7
SUPPLIES AND FIXED ASSETS MANAGEMENT PROGRAMS
1. SURPLUS SUPPLIES:
A. Supplies. Goods, equipment, material and other personal property owned by Augusta-
Richmond County.
B. SUrplus supplies. Any goods, equipment, materials and personal property no longer having any
use to Augusta-Richmond County as determined by official action of the Commission.
C. Generally, salvageable surplus supplies are divided into categories as described below:
1. Scrap. Any ferrous supplies that can be used for remelting to produce iron, steel, or its
alloys.
2. Waste. All non-metallic refuse which has market value, e.g. paper.
3. Worn or damaged. Either scrap or waste supplies that may be sold or used as trade-in.
4. Obsolete and surplus. Any supplies that are of no use by Augusta-Richmond County.
5. Excess. Any supply that does not have a useful purpose for a particular department or
agency. The supply may have value, within other departments or Augusta-Richmond
County agencies and may be transferred. (Nothing herein refers to the sale, lease or
disposal of real property.)
2. FIXED ASSET MANAGEMENT:
The Fixed Assets Management function in Augusta-Richmond CountY was implemented for the
purpo'se of surveying and documenting all ~ounty owned personal assets, performing regular audits
of County assets, centralizing the administration and control of excess supplies and determining
whether excess supplies are suitable for other uses prior to disposition and prior to procuring new
items of similar quality "and functionality. Also, the Purchasing Director shall regularly check with
agencies regarding the use and availability of excess, or potentially surplus items.
With respect to surplus supplies, all using agencies shall submit to the Purchasing Director, at such
times and in such forms as prescribed, reports showing stocks of all supplies which are no longer used
or whicp have become obsolete, worn out or scrapped. The Fixed Assets Manager shall determine
whether the item (s) can be relocated for further use by other departments or agencies prior to
disposition. If the item (s) has no further use to Augusta-Richmond County, the Purchasing Director
shall prepare a report to the Augusta-Richmond County Administrator advising that office of the item
(s) available for disposition.
38
3. SUPPLIES MANAGEMENT:
A. Responsibility. The Purchasing Director has responsibility for the sale, lease, or disposal of
surplus supplies. No employee or official of Augusta-Richmond County nor their agent shall
be entitled to purchase such supplies.
1.. The Purchasing Director is responsible for the sale, or disposal of supplies via means
described below; except that it shall fIrst be determined that the item (s) has no further
use by Augusta-Richmond County. '
2. The Purchasing Director shall handle the procurement of auction facilities and
professional auction services, and the advertisement process, or coordinate the sealed
bidding process.
3. The Augusta-Richmond County Commission shall authorize the sale, lease, or disposal
of surplus supply items when necessary and appropriate.
B. Surplus supplies--how disposed.
1. Auction or sealed bids.
2. Transfer to other using agency or public entity.
3. Trade-in on new supplies or equipment.
C. Award shall be made in accordance with the invitation for bids or public outcry to the highest
bidder if the price is reasonable and acceptable to Augusta-Richmond County.
D. Payment. U.S. currency, U.S. Postal Money Orders, local personal checks, certifIed checks, or
cashier~s checks are acceptable methods of payment.
4. ' SEVERABILITY:
Should any section; paragraph, subdivision, clause, phrase, or provision of this Chapter
be adjudged invalid or held unconstitutional by a court of competent jurisdiction, such declaration
shall not affect the validity of this Chapter as a whole or any part or provisions thereof, other than the
part so decided to be invalid or unconstitutional.
39
SECTION 8
DISADV ANT AGED BUSINESS ENTERPRISES (DBE) PROGRAM
1. PURPOSE
Augusta-Richmond County is firmly committed to the principles of equal opportunity and affirmative
action and in keeping with these principles, hereby sets forth a program and establishes a mechanism
for developing, approving, and implementing procedures by which disadvantaged business enterprises
including small business enterprises shall be assured equal access to supplying goods, general
services, and construction services required by Augusta-Richmond County, thereby promoting
balanced economic and community growth throughout Augusta-Richmond County.
2. DEFINITIONS:
A. Minority person. For the purpose of this chapter, minority person means a United States citizen
or permanent resident alien (as defmed by the Immigration and Naturalization Service) of the
Untied States, who is Asian, Black, Hispanic, Native American, or female, according to the
following definitions, also one who is economically and socially disadvantaged:
1. Asian. Persons having origins in any of the original people of the Far East, Southeast
Asia, the Indian continent, or the Pacific Islands.
2. Black. Persons having origins in any black racial group of Africa.
3. Hispanic. Persons of Spanish or Portuguese culture with origins in Mexico, South or
Central American, or the Caribbean Islands, regardless of race.
4. Native American. Persons having origins in any of the original people of North-
America, including American Indians, Eskimos; and Aleuts.
5. Socially disadvantaged individuals. Those individuals who have been subject to racial
or ethnic prejudice or cultural bias because of their identification as members of a
certain group, without regard to their individual qualities. Such groups include but are
not limited to Black Americans, Hispanic Americans, Native Americans (including
American Indians, Eskimos, Aleuts, and Native Hawaiians), and Asian Pacific
Americans.
6. Economically disadvantaged individuals. Those socially disadvantaged whose ability
to compete in the free enterprise system has been impaired due to diminished capital and
credit opportunities as compared to others in the same business area who are not socially
disadvantaged.
40
B. Disadvantaged business. A small business enterprise which has its principal office and place
of doing business in Augusta-Richmond County which is not dominant in its field of operation
and is regarded as small in size as measured by its annual gross receipts being less than
$500,000.
C. Minority Business Enterprise (MBE). A business which is owned or controlled by minority
persons who have been deprived of the opportunity to develop and maintail} a competitive
position in the economy because of social and economic disadvantages. More specifically,
disadvantaged business refers to any small business concern which:
1. is at least fifty-one percent (51 %) owned by one or more minority citizens of the United
States who are determined to be socially and economically disadvantaged.
2. in the case of a business which is a corporation, fifty-one percent (51 %) of all classes
of voting stock of such corporation must be owned by an individual determined to be
socially and economically disadvantaged.
3. in the event of a business which is a partnership, fifty-one percent (51%) of the
partnership interest must be owned by an individual or individuals who are socially and
economically disadvantaged and whose management and daily business operations are
controlled by individuals determined to be socially and economically disadvantaged.
Such individuals must be involved in the daily management and operations of the
business concerned.
D. Discriminate. To distinguish, differentiate, separate, or segregate solely on the basis of race,
religion, color, sex, national origin, or handicap.
3. APPLICATION:
This chapter shall apply to all eligible projects or classifications of expenditures, as furthe;r described
below, except sole source or emergency procurement: , whereby Augusta-Richmond County, expends
or commits the 'expenditures of $1,000 or more for the purchase of equipm~nt, supplies, general
services, construction, professional services, or a combination thereof.
4. POLICY:
It is the policy of the Augusta-Richmond County Commission, other Augusta-Richmond County
officials, and employees that all necessary and reasonable steps shall be taken to ensure that
disadvantaged business enterprises including small business enterprises have the maximum
opportunity to compete for and participate in all contracts and subcontracts. Further, the Augusta-
Richmond County Commission has the option to establish incentives to promote business
opportunities covered by this section.
41
5. PROGRAM ADMINISTRATION:
The Augusta-Richmond County Equal Opportunity Director, with the assistance of the Purchasing
Department, under the direction of the Augusta-Richmond County Administrator" will have the
primary responsibility to assure that the program is effectively and equitably carried forwar~, by
Augusta-Richmond County. Other Augusta-Richmond County officials and management personnel
are expected to give their full cooperation towards the implementation of the program.
A. Program. Program administration primarily consists of performing vendor certification,
education and outreach, and program coordination services. Specifically, in order to develop,
implement, and maintain the program,
1. If known and certified, at least one of the three (3) vendors contacted to quote on
informal bids and quotations shall be a DBE;
2. Notify all known and certified DBEs of formal bid opportunities through direct
solicitation and public advertisement (minority and majority newspapers);
3. Adjust or waive bonding and insurance requirements when possible;
4. Work with project managers or using agencies to divide larger projects, when
economically and managerially feasible, in order to create more opportunities for DBEs;
5. Provide data and support and coordinate with technical assistance and outreach efforts
as necessary and appropriate;
6. Develop and utilize specifications that,are open and competitive;
8. Maintain special source lists ofDBEs detailing the products arid services offered;
9. Arrange for progress payments and provide letters of contract award. The Purchasing
Director, in consultation with the Using Agency and the Finance Directors, may make
special provisions for progress paYments as deemed reasonable to assist DBEs to carry
out the terms of a contract. When a DBE receives a contract with Augusta-Richmond
County, the Purchasing Director may furnish a letter, upon request, stating the dollar
value and duration therefor and other information about the contract, which may be used
by the DBE in negotiating lines of credit with lending institutions; and
10. Include language in all formal bid documents requiring contractors to utilize D&FBEs
to the maximum extent possible and economically feasible, as partners or subcontractors
for service delivery or as suppliers of various goods required in the performance of the
contract.
11. Insure compliance with the Resolution of the Board of Commissioners of Augusta-
Richmond County adopted on December 1, 1987.
42
SECTION 9
PETTY CASH
1. PURPOSE:
To establish a uniform petty cash procedure.
2. POLICY:.
It is Augusta-Richmond County's policy to have a procedure for making small cash purchases not to
exceed $20.00 per sales receipt. The procedure is designed to cover miscellaneous supplies normally
not stocked in Central Stores or under a price agreement, authorized meal expenditures, or any
miscellaneous services such as having keys made or film developed.
The Finance Director or hislher designee will audit all purchases and may deny reimbursement of
petty cash payments which are inconsistent with this policy.
It is the department head's responsibility to insure that sufficient funds are available for all petty cash
purchases.
3. PROCEDURE:
1. When a purchase is made, the purchaser pays from hislher own pocket and obtains a
sales receipt.
2. The purchaser must acquire an authorized department head signature and proper account
code on their sales receipt and/or petty cash receipt before reimbursement will be made.
The item purchased must be identified on this/these forms(s). .
Petty Cashiers are located in Accounting Department, but must be pre-approved by the
Purchasing Director.
3. The Petty Cashier fills out a Petty Cash Receipt form, if the purchaser has not already
prepared this form, showing the amount of the purchase, the date, item purchased,
account number to be charged, and both the Petty Cashier and the receiver of funds sign
the prepared form.
4. Petty cash funds are replenished by means of Request for Checks.
43
~
SECTION 10
SOLE SOURCE AND EMERGENCY PROCUREMENT
"
1.
SOLE SOURCE PROCUREMENT:
A. Notwithstanding other provisions in this Article, whenever it shall be made to appear that by
reason of design, capacity, compatibility with other equipment or with machinery, purpose,
function or other characteristics an itet;n of procurement required by Augusta-Richmond County
or one of its departments is obtainable only from one source, the item may be procured by the
Purchasing Department through negotiation from the source from which it is available without
the necessity of bids.
B. Before any item may be obtained under the provlSlons of this section, however, the
requisitioning agency must accompany its requisition for the order with a statement specifying
in reasonable' detail the reasons why the item should be procured by negotiation. This
specification of reasons shall be in writing and shall be attached to the requisition at the time
it is transmitted to the purchasing officer.
C. If the Augusta-Richmond County Administrator, upon considering the requisition and the
substantiation therefor, determines that the item should be purchased by sole source
procurement and the cost thereof does not exceed $5,000.00, the Administrator. If the item
exceeds $5,000.00 in cost, and the Administrator determines that sole source procurement is
appropriate, the requisition shall be referred to the Commission for action.
2. EMERGENCY PROCUREMENT SELECTION METHOD:
A. Notwithstanding any other provisions of this chapter, the Purchasing Director, Augusta-
Richmond County Administrator or constitutional officer may make ~r authorize others,to make
emergency procurement of equipment, supplies, services, general construction, or public works
type construction services when there exists a threat to public health, welfare, or safety, or
, where daily operations are affected; provided that such emergency procurement shall be made
with such competition as is,practicable under the circumstances. As soon as practicable, a
record of each emergency procurement shall be made and shall set forth the contractor's name,
the amount and type of the contract, a listing of the item(s) procured under the contract, and the
identification number of the contract file. A written report explaining the determination of the
basis for the emergency and for the selection of the particular contractor shall be included in the
contract file, and a copy of same provided the Augusta-Richmond County Commission at their
next regular meeting in the case of public works contracts as defmed by Georgia State Law or
other Augusta-Richmond County purchases when the value of the purchase exceeds $5,000.
B. In the event an emergency should arise after office hours or on holidays or weekends which
requires immediate action on the.part of the using agency involved and where it is not possible
or convenient to reach the Purchasing Director, constitutional officer, or Administrator, the
using agency head is authorized to make purchases. Such purchases shall be well documented,
packaged for payment, and forwarded to the Purchasing Director within 24 hours, if possible,
after occurrence.
44
~
C. Emergency purchases by the Augusta-Richmond County Commission shall be made as
provided in the Augusta-Richmond County Code, Part I, ~ 1-1-82.
45
APPENDIX A
Excerpts from Richmond County Code
Part I
Sec. 57.
Purchase of goods, materials, etc. - Without bid or advertisement
- Cost not in excess of one thousand five hundred dollars.
The board of commissioners of Richmond County, Georgia, is hereby authorized
to purchase any goods, materials or supplies of any nature, used by Richmond
County in any of its governmental affairs, without bid and legal advertisement,
when the cost of same does not exceed $1,500.00. (Ga. Laws 1975, p. 4334, 9 1)
Sec. 58.
Same - Same - Cost between fifteen hundred dollars and five
thousand dollars.
The board of commissioners of Richmond County, Georgia, is hereby authorized
to purchase any goods, materials or supplies of any nature used by Richmond
County in any of its governmental affairs, without bid and legal advertisement,
by obtaining at least three written quotations entered on the minutes of said
board, and retained for a period of at least two years, when the cost of said
goods, materials or supplies is between $500.00 and $5,000.00. (Ga. Laws 1975,
p. 4334, 9 2; Ord. No. 93-1, ~ 1, 1-1-93)
Sec. 60.
Same - Advertisement forbids.
With the exceptions provided in this section and sections 57, 58, 59, 61 and
62, the board of commissioners of Richmond County, Georgia, shall, in all other
instances before purchasing any goods, materials or supplies to be used by
Richmond County, or entering into any lease of equipment to be used by Richmond
County, advertise for bids once a day for three days within a 10-day period in
the legal gazette for Richmond Count.y,; (Ga. Laws 1975, p. 4334, 9' 3)
Part II
Sec. 2-6-1. Purchasing policy.
(1) The county administrator shall have the authority to approve all
purchases requiring a bid or written quote when the following conditions have
been met:
(a) The item(s) have been previously approved in the budget adopted
by the board of commissioners;
(b) All state and county ordinances and regulations relative to
purchasing have been complied with;
(c) The low bid is selected and does not exceed the budgeted amount
by ten (10) percent and not exceeding five hundred dollars ($500.00).
(2) Purchases under the following conditions must be approved by the
board of commissioners in open meeting:
(a) When other than the low bid, is recommended for approval;
(b) When the recommended bid exceeds those funds budgeted for the
purchase with the exception of subsection (1) (c) above.
(3) The county administrator shall submit a list of all bid items that
have been approved at the end of each month.
Part III
Sec. 2-91. Duties regarding purchasing; delegation to subordinates.
Subject to rules established by the county commission, the county
administrator shall authorize all purchases for the county, subject to the laws
requiring advertisement and bids. He shall supervise the disbursement of all
county funds, and shall render such reports as may be required by the county
commission, The county administrator may delegate purely administrative duties
to subordinates in the county government whose work the county administrator
shall supervise and direct; however, the designation or assignment of duties to
subordinates shall not relieve the county administrator from his responsibilities
for administration of county affairs. (Res. of 8-15-78, 9 9)
, .
'.
(1)
(2 )
(3)
(4 )
(5 )
(6)
(7)
(8 )
APPENDIX B
Definition of TeDms Used in this Manual.
"Agreement" means the bargain of the parties in fact as found in
their language or by implication from other circumstances
including course of dealing or usage of trade or course of
performance as provided in O.C.G.A. 11-1-205 and 11-2-208.
Whether an agreement has legal consequences is determined by the
provision of this title, if applicable; otherwise, by the law of
contracts (O.C.G.A. 11-1-103). (O.C.G.A. 11-2-201)
"Bid" means an offer by an intending purchaser to pay a designated
price for property which is about to be sold at auction, and an
offer to perform a contract for work and labor or supplying
materials or goods at a specified price. (Black's Law Dictionary,
5th Edition)
"Bid Bond" means a type of bond required in public construction
projects which is filed at the time of the bid and which protects
Augusta-Richmond County in the event that the bidder re,fusesto
enter into a contract after the award to him or withdraws his bid
before' the award. A type of indemnity bond. (Black's Law
Dictionary, 5th Edition)
"Bidders List" means Augusta-Richmond County's official list of
qualified persons or vendors to be invited to respond to any tyPe
of invitation for bids or requests for proposals which shall be
maintained by the Purchasing Director.
"Bill of Lading" means a document evidencing the 'receipt of goods
for shipment issued by a person engaged in the business of
transporting or forwarding goods, and includes an airbill.
"Airbill" means a document serving for air transportation as a
bill of lading does for marine or rail transportation, and
includes an air consignment note or air waybill. ,(O.C.G.A. ~1-1-
201)
"Blind Trust" means an independently managed trust in which ,the
employee-beneficiary has no management rights and in which t,he
employee-beneficiary is not given notice of alterations in, or
other disposition of, the property subject to the trust.
"Business" means any corporation, partnership, individual, sole
proprietorship, joint stock company, joint venture, firm, or any
other private legal entity.
"Buyer in ordinary course of busine'ss" means a person who, in good
faith and without knowledge that the sale to him is in violation
of the ownership rights or security interest of a third party int
he goods, buys in ordinary course from a person in the business
of selling goods of that kind but does not include a pawnbroker.
"Buying" may be for cash or by exchange of other property or on
secured or unsecured, credit and includes receiving goods or
doc~ments of title under a preexisting contract for sale but does
not include a transfer in bulk or as security for or in total a
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
partial satisfaction of money debt.
(O.C.G.A. 11-1-201)
"Change Order" means the formal document effecting a bilate,ral "
contract modification that alters the, specification, delivery
point, rate of delivery, period of performance, price" quantity,
or other provision of '..any contract accomplished by mutual
agreement of the parties to the contract.
"Commodities" means those things that are useful or serviceable,
particularly articles of merchandise moveable in trade. Goods,
wares, supplies, and merchandise of any kind; movables; articles
of trade or commerce are all included within this definition.
(Black's Law Dictionary, 5th Edition)
"Construction" means the process of building, altering, repairing,
improving, or demolishing any public structure or building, or
other public improvements of any kind to any public real property.
It does not include the routine operation, routine repair, or
routine maintenance of existing structures, buildings" or real
property.
"Contract" means the total legal obligation which results from the
parties' agreement as affected by this title and any other
applicable rules of law. (O.C.G.A. 11-1-201)
"Contract Administration" means all activity necessary after award
of a contract to administer a contract and to ensure full
compliance with its terms, conditions, and scope of services.
"Contract Directive" means a written order signed and issued by
the Augusta-Richmond County Administrator, directing the
contractor to make changes which the "Changes" clause of the
contract authorized Augusta-Richmond County to order without the
consent of the contractor.
"Contract Documents" means all items which define the, scope of the
proj ect including plans and specifications, including but not
limited to, advertisement for'bids, instructions to bidders, bid
proposal, proposed contracts, Proposed bond form,' general
conditions, special conditions, and technical specifications.
"Contract Modification" means 'any change order, contract price
adjustment or contract revision or similar document which modifies
an existing contract.
"Contractor and/or Sub-Contractor" means any person having a
contract with Augusta-Richmond County, a using agency of Augusta-
Richmond County, or a contractor thereof.
"Cooperative Procurement" means acquiring commodities, services,
and construction by, or on behalf of, more than one public
procurement unit.
"Cost Analysis" means the evaluation of cost data for the purpose
of arriving at costs actually incurred or estimates of costs to
be incurred, prices to be paid, and costs to be reimbursed.
"Cost Data" means the factual information concerning the cost of
(21)
(22 )
(23)
(24 )
(25)
(26)
(27)
(28)
(29)
(30 )
(31)
(32 )
labor, material, overhead, and other cost elements which are
expected to be incurred or which have been actually incurred by
the contractor in performing the contract.
"Cost-reimbursement Ccnt1;act" means a contract under which a
contractor is reimbursea 'for costs which are allowable and in
accordance with the contract terms and the provisions of this
Manual, and a fee or profit, 'if any.
"County" means Richmond County, Georgia.
"County Commission" means the Board of Commissioners of Richmond
County which is the governing body of Richmond County.
"County Commission Chairman" means the chief executive officer of
Richmond County who is authorized to sign all contracts for the
Board of Commissioners.
"County Administrator" means the chief appointed administrative
office of Richmond County.
"Creditor" includes a general creditor, a secured creditor, a lien
creditor and any representative of creditors, including an
assignee for the benefit of creditors, a trustee in bankruptcy,
a receiver in equity, and an executor or administrator of an
insolvent debtor's or assignor's estate. (0. C. G .A. 11-1-201)
"Days" means Richmond County working days.
"Debarment" means to bar, exclude, or preclude from having or
doing something. Exclusion from government contracting and
subcontracting. (Black's Law Dictionary, 5th Edition)
"Delivery" with
chattel paper,
possession.
respect to instruments, documents of title,
or securities, means voluntary transfer of
"Designee" mans a duly authorized representative of, a person
holding a superior position.
"Direct or Indirect, Participation" means involvement through
decision, approval, disapproval, recommendation, preparation of
any part of a purchase request, influencing the content of any
specification or procurement standard, rendering of advice,
investigation, auditing, or in any other advisory capacity.
"Document of Ti tIe" includes bill of lading, dock warrant, dock
receipt, warehouse receipt or order for the delivery of goods, and
also any 'other document which in the regular course of business
or financing is treated as adequately evidencing that the person
in possession of it is entitled to receive, hold, and dispose of
the document and the goods it covers. To be a document title, a
document must purport to be issued by or addressed to a bailee and
purport to cover goods in the bailee's possession which are either
identified or are fungible portions of an identified mass.
(O.C.G.A. 11-1-201)
. -~~
. ,
(33)
(34)
(35)
(36)
(37)
(38 )
(39)
(40)
(41)
(42)
(43 )
(44 )
(45)
"Emergency" means any reasonably unforeseen circumstances, i.e.
breakdown in major equipment, threatened termination or
curtailment of an essential service,' or development of a dangerous"
condition that creates an immediate threat to public health,
welfare or safety. ~
.... .
"Employee". means an individual drawing a salary or wages from
Richmond County, whether elected or not; any non- compensated
indi vidual performing personal services for Richmond County or any
department, agency, commission, council, boa'rd, or any other
entity established by the executive, legislative or judicial
branch of the County; and any non-compensated individual serving
as an elected official of Richmond County.
"Fault" means wrongful act, omission or breach.
201)
(O.C.G.A. 11-1-
"Financial Interest" means all direct ownership interests of the
total assets or capital stock of a business entity where such
ownership interest is 10 percent or more. (O.C.G.A. 36-67A-l)
"Firm" means any individual, partnership, corporation,
association, joint venture, or other legal entity permitted by law
to practice or offer professional or consultant services.
"Fungible" with respect to goods or securities, means goods or
securities of which any unit is, by nature'or usage of trade, the
equivalent of any other like unit. Goods which are not fungible
shall be deemed fungible for the purpose of this title to the
extent that under a particular agreement or document unlike units
are treated as equivalents. (0. C. G .A. 11-1-201)
"Good Faith" means honesty in fact in the conduct or transaction
concerned. (O.C.G.A. 11-1-201)
"Gratuity" means a payment, loan, subscription, advance, deposit
of money, service, or anything of more than nominal value, present
or promised, unless consideration of substantially equal 'or
greate+ value is received. '
"Genuine" means fre~ of forgery or counterfeiting. (O.C.G.A. 11-
1-210)
"Holder" means a person who is in possession of a document of
title or an instrument or an investment security drawn, issued,
or endorsed to him or to his 'order or to bearer or in blank.
(O.C.G.A. 11-1-201)
"Honor" means to payor to accept and pay, or where a credit so
engages, to purchase or discount a draft complying with the terms
of credit. (O.C.G.A. 11-1-201)
"Immediate Relative" or "Immediate Family" means father, mother,
son, daughter, brothers, sisters, grandparents or grandchildren,
wife or husband, or the wife or husband of any of the preceding
persons.
"Invitation for Bids" means a type of advertisement used by one
(46)
(47 )
(48 )
(49)
(50 )
(a)
(b)
(c)
who desires bids to be submitted for a particular project and
includes all documents, whether attached or incorporated by
reference. utilized for soliciting an intelligent bid.
"Let" (contracts) means: c;lward to one of several persons, who have
submi t ted proposals, (llid's)' therefor, the contract for erecting
public works o~ doing some part of the work connected therewi~h.
or rendering some other service to the' government for a stipulated
compensation. Letting the contract, is the choosing of one from
among the number of bidders, and the formal making of the contract
with him. The letting, or putting out, is a different thing from
the invitation to make proposals; the letting is subsequent to the
invitation. It is the act of awarding the contract to the
proposer, after the proposals have been received and considered.
(Black's Law Dictionary, 5th Edition)
"Lowest and Best Bidder" means the most responsive bidder or
offerer as herein defined who has offered the requested goods.
services, or construction for the lowest cost.
"Nominal Value" means any gift or gratuity of less than twenty-
five dollars.
"Notice" means knowledge, or a notice or notification received by
an organization is effective for a particular transaction from the
time when it is brought to the attention of the individual
conducting that transaction, and in any event from the time when
it would have been brought to his attention if the organization
had exercised diligence. (O.C.G.A. 11-1-201)
A person has "notice" of fact when:
He has actual knowledge of it; or
He has received a 'notice or notification or it; or
From all the facts and circumstances known to him at the time in
question he has reason to know that it exists.
A person "knows" or has knowledge of a fact ,when he has actual knowledge
of it. "Discover" or "learn" or a wo.rd or, phrase of similar import refers
to knowledge rather than to reason to know. The time and circumstances
under which a notice or notification may cease to be effec~ive are-not
determined by this title. (O.C.G.A. 11-1-201),
(51)
(a)
(b)
(52)
A person "notifies" or "gives" a notice or notification to another
by taking such steps as may be reasonably required to inform the
other in ordinary course whether or not such other actually comes
to know of it. A person "receives" a notice or notification when:
It comes to his attention; or
It is duly delivered at the place of business through which the
contract was made or at any other place held out by him as the
place for receipt of such communications. (O.C.G.A. 11-1-201)
"Offer" means a proposal, or bid submitted in response to a
request for proposal or invitation for bids.
A proposal to do a thing or pay an amount. usually accompanied by' an
expected acceptance. counter-offer, return promise. or act. A
(59)
(60 )
(61)
(62)
manifestation or willingness to enter into - a bargain, so made as to
justify another person in understanding that his assent to that bargain is
invited and will conclude it. (Black's Law Dictionary, 5th Edition)
(53)
"Organization" includes:a corporation, government or governmental
subdivision or agency,'bu~iness trust, estate. trust, partnership
or association: two or more persons having a joint or common
interest, or any other legal or commercial entity. (O.C.G.A. 11-
1-201)
(54 )
"Party" as - distinct from "third party", means a person who has
engaged in a transaction or made an agreement within this title.
(O.C.G.A. 11-1-201)
(55 )
"Person" means any business, individual, union, committee, club,
other organization, or group of individuals.
(56)
"Pre-qualification" means the process to determine whether 'a
prospective bidder or proposer satisfies the criteria established
for inclusion on the pre-qualified bidders ,or proposers list.
(57)
"Presumption" or "Presumed" means that the trier of fact must find
the existence of the fact presumed unless and until evidence is
introduced which would support a finding of its nonexistence.
(O.C.G.A. 11-1-201)
(58 )
"Price Analysis" means the evaluation of price data, without
analysis of the separate cost components and profit as in cost
analysis, which may assist in arriving at prices to be paid and
costs to be reimbursed.
"Pricing Data" means the factual information concerning prices for
items substantially similar to those being procured. Prices in
this definition refer to offered selling prices, historical
selling prices, and current selling prices. The definition refers
to data relevant to both prime and sub-contract pr{ces.
"Procurement" means the buying, purchasing, renting-, leasing, or,
otherwise acquiring of any' goods, - supplies, services, or
construction products. It also includes ail functions _ that
pertain to the obtaining of any supply, service, professional
service or construction product, including description of
requirements, selection, and solicitation of sources, preparation,
and award of contract.
"Product" means something produced by physical labor or
intellectual effort or something produced naturally or as a result
of natural process as by generation or growth. (Black's Law
Dictionary, 5th Edition). As used in this Manual, the term
product is a very broad term that could include all types of
commodities, supplies, equipment, materials, goods, services and
construction.
"Product Reference" means a specification limited to one or more
items by manufacturers' names or catalog numbers to describe the
sta~dard of quality, performance, and other salient
characteristics needed to meet County requirements, and which
provides for the submission of equivalent products.
(63)
(64)
"Professional Services" means those licensed and professional
services as defined by the laws of the State of Georgia.
"Proposal" means an offer; something proffered. An offer, by one
person to another, of.tPe terms and conditions with reference to
some work or undertaking>:". or for the transfer of property, the
acceptance whe~eof will make a contract between them. (Black's
Law Dictionary, 5th Edition)
Proposals for professional services
evaluated for their comparative
specifications issued for the project.
may not include proposed price as one
(65)
(66 )
(a)
(b)
(c)
(d)
received by the County will be
level of comoliance with the
The evaluation-of proposals mayor
of the evaluation criteria.
"Public Procurement Unit"means any unit or subunit of any
federal, state, or local government, or any non-profit entity
which expends public funds for the procurement of commodities,
services, or construction products.
"Public Sale" means a sale:
Held at a place reasonably available to persons who might desire
to attend and submit bids; and
At which those attending shall be given the opportunity to bid on
a competitive basis; and
At which the sale, if made, shall be made to the highest and best
bidder; and
Except as otherwise provided in this title for advertising or
dispensing with the advertising of public sales, of which notice
is given by advertisement once a week for two weeks in the
newspaper in which the sheriff's advertisements are published, in
the county where the sale is to be held, and which notice shall
state the day and hour, between 10:00 a.m. and 4:00 p.m., and the
place of sale, and shall briefly identify th~ goo~s to be sold.
.The provisions of this paragraph shall not 'be ~n derogation of any
additional requirements relating' to notice of an conduct of any such'
public sale as may be contained in other provisions .of this title but
shall be supplementary thereto. (O.C.G.A. 11-1-201)
(67)
(68)
(69)
(70)
"Public Works Contract" means any contract for a county government
public works project valued at $20,000 or more as more fully
defined in O.C.G.A. 36-10 and Article Xof this Manual.
"Purchase" includes taking by sale, discount, negotiation,
mortgage, pledge, lien, issue or reissue, gift, or any other
voluntary transaction creating an interest in property. (O.C.G.A.
11-1-201)
"Purchaser" means a person who takes by purchase. (O.C.G.A.11-1-
201)
"Purchase Order" means "i document authorizing a seller to deliver
goods. with payment to be made later. A writ~en authorization
calling on a vendor or supplier to furnish goods to the person
:;
(71)
(72)
(73 )
(74)
(75)
(76)
(77)
(78 )
(79 )
(80 )
ordering such. It constitutes an offer which is accepted when the
vendor supplies the quantity and quality ordered. (Black.' sLaw
Dictionary, 5th Edition)
"Purchasing Director"'. ,.means the supervisor of the Purchasing
Department and as further"defined in the Richmond Count V Code and
elsewhere in t~is Manual.
"Qualified Products List" means an approved list of commodities
described by model or catalog numbers, which. prior to competitive
solicitation, the County has determined will meet the applicable
product specifications requirements.
"Quotations or informal bids selection method" means the method
for submitting a bid to perform work or offer a commodity to the
County on a proposed contract without the formality of a written
proposal or sealed bid. See ~505 for additional detail defining
the quotations or informal selection method.
"Representative" includes an agent, an officer of a corporation
or association, and a trustee, executor or administrator of an
estate, or any other person empowered to act for another.
(O.C.G.A. 1-11-201)
"Requisition" means the document whereby the using agencies.
request that a purchase be made on their behalf. Requisition
includes, but is not limited to, a description of the requested
commodity, service or construction product, delivery schedule,
transportation data, criteria for evaluation, suggested sources
of supply, and information supplied for the working of any written
determination required by this Manual.
"Request for Proposals (RFP) " means
attached or incorporated by reference,
proposals.
all documents, whether
utilized for soliciting
"Request for Qualifications (RFQ) " means a method used to
predetermine the capacity of prospective bidders or proposers for
a spe~ific project. ' \
"Request for Quotations (RFQ) " means an informal solicitation for
prices.
"Responsible Bidder or Proposer" means a person who has the
capability in all respects 'to perform fully the contract
requirements, and the tenacity, perseverance, experience,
integrity, reliability, capacity, facilities, equipment, and
credit which will assure good faith performance. In considering
whether a bidder is responsible, the Purchasing Director, County
Administrator, using agency head, or County Commission may
consider the bidder's quality of work, general reputation in the
community, financial responsibility, and previous employment or
use by the County.
"Responsive Bidder ,or Proposer" means a person who has submitted
a bid or proposal which conforms in all material respects to the
requirements set forth in the invitation for bids or request for
proposal.
::-
(81)
(82)
(83)
(84)
(85)
"Sealed Bid" means a method for submitting a bid to perform work
on a proposed coritract. In general, each party interested submits
a bid in a sealed envelope, and all such bids are opened at the
same time and the most favorable responsible bid is accepted.
(Black's Law Dictionaq" 5th Edition) See ~502 for additional
detail explaining the ~ealed bid selection method.
.
"Sea~ed Proposal" means a method for submitting a proposal for
services or a combination of services and commodities on a
pro~osed contract. In general, each party interested submits a
proposal in two sealed envelopes. one envelope shall contain the
price proposal and the second sealed envelope shall contain the
technical (non-price data) proposal. The technical proposal shall
be opened and reviewed and ranked by the Purchasing Director
before the price proposal is opened and reviewed. The sealed
proposal method is not intended to be done as a public bid opening
because of the technical complexities of the proposal which must
be reviewed in detail before the proposals can be compared, rated.
and ranked.
"Securi ty Interest" means an interest in personal property or
fixtures which secures payment or performance of an obligation.
The retention or reservation of title by a seller of goods
notwithstanding shipment or delivery to the buyer (O.C.G.A. 11-2-
401) is limited in effect to a reservation of a "security
interest" . The term also includes any interest of a buyer of
accounts, or chattel paper which is subject to Article IX of this
title. The special property interest of a buyer of goods on
identification of such goods to a contract for sale under O. C. G. A.
11-2-401 is not a "security interest", but buyer may also acquire
a "security interest" by complyiIlg with Article IX of this title.
Unless a lease or consignment is intended as security, reservation
of title thereunder is not a "security interest" but a consignment
is in any event subject to the provisions on consignment sale
(O.C.G.A. 11-2-326). Whether a lease is intended as security is
to be determined by the facts of each case; however,: (a) the
inclusion of an option to purchase does not of, itself make the
lease one intended for security, and (b) an agreement that upon
compliance with the terms of the lease, the lessee shall become
or has the option to, become the owner of the property for no
additional consideration or for a nominal consideration does make
the lease one intended for security. CO.C.G.A. 11-1-201)
"Send" in connection with any writing or notice, means to deposit
in the mail or deliver for transmission by any other usual means
of communication with postage or cost of transmission provided for
and properly addressed and in the case of an instrument to an
address specified thereon or otherwise agreed, or if there be
none, to any address reasonable under the circumstances. The
receipt of any writing or notice within the time at which it would
have arrived if properly sent has the effect of a proper sending.
(O.C.G.A. 11-1-201)
"Services" means the furnishing of labor, time or effort by a
contractor, not involving the delivery of a specific end product
other than reports which are merely incidental to the required
performance. This term shall not include employment agreements
or collective bargaining agreements.
..
(86)
(87)
(88)
(89)
(90)
(91)
(92)
(93)
(94 )
(95)
(96 )
(97)
"Signed" includes any symbol executed or adopted by a party with
present intention to authenticate a writing. (O.C.G.A. 11-1-201)
"Small Business" means a United States business which is
independently owned and which is not dominant in its field of
operation or an affiliat~.or subsidiary of a business dominant in
~s field of operation.
"Sole Source" means that there is only one source for the
procurement of any goods, supplies. services or construction.
"Only one source" means that there is only one manufacturer or
product Source and/or only one vendor source for the required
commodities, s~rvices or construction products.
"Specification" means any description of the physical or
functional characteristics or of the nature of commodities,
services, or construction products. It may include a description
of any requirement for inspecting, testing, or preparing a
commodity, service, or construction product for delivery.
"Substantial Interest" means the direct or. indirect ownership of
more than 25 percent of the assets or stock of any business.
(O.C.G.A. 45-10-20)
"Supplies" means those accumulated stores reserved for
distribution (Black's Law Dictionary, 5th Edition), and for the
purposes of this Manual shall include any goods I equipment,
material or other personal property owned by Richmond County and
available for use by the personnel of the organization.
"Surplus Supplies" means any County supplies no longer needed
having any use to Richmond County as determined of official action
of the Board of Commissioners.
"Suspension" means a temporary stop, a temporary delay,
interruption, or cessation. A temporary cutting o~f or debarring.
one, as from the privileges of one's profession. Temporary
withdrawal or cessation as distinguished from permanent ,severance
accomplished by debarment. (Black's La~Dictionary, 5th Edition)
"Term" means that -portion of an agreement which relates to a
particular matter. . (O.,C.G.A. 11-1-201)
"Transact Business" or "transact any business" means to sell or
lease any personal property, real property, or services on behalf
of oneself or on behalf of any third party as an agent, broker,
dealer, or representative and means to purchase surplus real or
personal property on behalf of oneself or on behalf of any third
party as an agent, broker, dealer, or representative. (O.C.G.A.
45-10-20)
"Unauthorized" signature or endorsement, means one made without
actual, implied, or apparent authority and includes a forgery.
"Using Agency" means any department, commission, board, office,
authority, or division of Richmond County requiring commodities,
services or construction' products or professional or other
consultant services.