HomeMy WebLinkAboutORD 7271 AMEND THE AUGUSTA CODE RELATING TO THE PROCUREMENT OF GOODS AND SERVICES THE LOCAL SMALL BUSINESS OPPORTUNITIES 3 � �
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`� ORDINANCE NO. � 2 � 1
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE,
ARTICLE ONE, CHAPTER TEN, RELATING TO THE PROCUREMENT
OF GOODS AND SERVICES, THE LOCAL SMALL BUSINESS
OPPORTUNITIES PROGRAM AND THE DBE PROGRAM FOR
FEDERALLY ASSISTED PROJECTS SO AS TO PROVIDE UPDATES
AND TO ESTABLISH POLICIES, PROCEDURES AND GUIDELINES
REGARDING THE PROCUREMENT PROCESS AND THE LOCAL
SMALL BUSINESS OPPORTUNITIES PROGRAM; TO REPEAL ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
WHEREAS, it is the desire of the Augusta, Georgia Commission to update Code
provisions relating to the procurement of goods and services so as to reflect
changes in Georgia law and to improve the efficiency of the procurement process;
WHEREAS, it is the desire of the Augusta, Georgia Commission to increase the
effectiveness of the Local Small Business Opportunities Program and to broaden
the number of businesses eligible to participate in the program and to implement
race and general neutral measures to reduce discrimination in Augusta, Georgia;
WHEREAS, it is the desire of the Augusta, Georgia Commission to update and
improve its DBE Program for Department of Transportation (DOT), Federal
Transportation Administration (FTA), Federal Aviation Administration (FAA) and
other federally funded projects and to ensure full compliance with state and federal
regulations;
WHEREAS, the DBE Program for DOT, FTA and FAA funded projects is to be
approved by the Department of Transportation before it is effective;
WHEREAS, based on the foregoing, the Augusta, Georgia Commission
recommends amending Article one, Chapter ten of the AvGUSTA, GA CoDE.
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
SECTION 1. AuGUSTA, GA. CoDE Article one, Chapter ten as set forth in the
AuGUSTA, GA. CoDE, re-adopted July 10, 2007, is hereby amended by striking this
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chapter in its entirety. A new Chapter ten is hereby inserted to replace the repealed
Code Chapter ten as set forth in `B�ibit A" hereto.
SECTION 2. This ordinance shall become effective upon its adoption in
accordance with applicable laws. �.I�a��+' 108 (DBE Program) shall be effective
only following approval of the Department of Transportation.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Adopted this 30 day of June , 2011.
lst reading June 21 2011
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��� David S. openhaver
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As its Mayor
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The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on T „ ,,, , 2011 and that such Ordinance have not been modified or
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rescinded as of the date hereof and the undersigned further certifies that attached
hereto is a true copy of the Ordinance which was approved and adopted in the
fore�oing meetin (s).
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ena J. B� er, Clerk of Commission
Published in the Augusta Chronicle.
Date July i4
Chapter 10
Article 1 General Provisions and Definitions
Sec. 1-10-1. Purpose.
Sec. 1-10-2. Application of this chapter.
Sec. 1-10-3. Supplementary laws.
Sec. 1-10-4. Good faith provision.
Sec. 1-10-5. Public access to procurement information.
Sec. 1-10-6. Preference for local suppliers, professional services and
contractors.
Sec. 1-10-7. Value analysis.
Sec. 1-10-8. Compliance with state and federal requirement.
Sec. 1-10-9. Definitions-generally.
Article 2 Sec. 1-10-10 through Sec. 1-10-22. Reserved.
Article 3 Office of the Procurement Director
Sec. 1-10-23. Authority and responsibility of procurement director.
Sec. 1-10-24. Centralization of procurement function.
Sec. 1-10-25. Contract administration.
Sec. 1-10-26. Unauthorized contracts.
Sec. 1-10-27. Conflicts of interests.
Sec. 1-10-28. Gratuities and kickbacks.
Sec. 1-10-29. Contingent Fees.
Sec. 1-10-30. Penalties.
Sec. 1-10-31. Reporting of anti-competitive practices to state.
Article 4 Product Specifications
Sec. 1-10-32. Purpose.
Sec. 1-10-33. Types of specifications.
Sec. 1-10-34. Maximum practicable competition.
Sec. 1-10-35. Qualified products list.
Sec. 1-10-36. Background information on vendors.
Sec. 1-10-37. Product references in specifications.
Sec. 1-10-38. Responsibility for specifications.
Sec. 1-10-39. Inspection of purchases.
Article 5 Requirements for Bidding or Proposing on Augusta, Georgia
Contracts
Sec. 1-10-40. Responsibility of bidders and proposers.
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Sec. 1-10-41. Cost or pricing data.
Sec. 1-10-42. Cost or price analysis.
Sec. 1-10-43. Bid and performance bonds when required.
Sec. 1-10-44. Bid bonds.
Sec. 1-10-45. Payment and performance bonds.
Sec. 1-10-46. Insurance requirements.
Sec. 1-10-47. Pre-qualifications of contractors.
Article 6 Procurement Source Selection Methods and Contract Awards
Sec. 1-10-48. Generally.
Sec. 1-10-49. Purchase order.
Sec. 1-10-50. Sealed bids selection method.
Sec. 1-10-51. Request for proposals.
Sec. 1-10-52. Sealed proposals.
Sec. 1-10-53. Competitive selection procedures for professional and consultant
services.
Sec. 1-10-54. Informal bids selection methods (standard and small purchases)
and authority of Administrator and General Counsel.
Sec. 1-10-55. Banking services.
Sec. 1-10-56. Sole source procurement.
Sec. 1-10-57. Emergency procurement selection method.
Sec. 1-10-58. Annual contracts
Sec. 1-10-59. Specific requirements/options for source selection method.
Sec. 1-10-60. Rejection or cancellation of solicitations; negotiating; re-
advertisement.
Sec. 1-10-61. Multi-term contract.
Sec. 1-10-62. Right to inspect facilities.
Sec. 1-10-63. Right to audit records and contracts and collection of statistical
data.
Sec. 1-10-64. Rebidding or cancellation of existing contract.
Sec. 1-10-65. Multiple awards.
Article 7
Sec. 1-10-66 through Sec. 1-10-75. Reserved.
Article 8 Suspension or Debarment of Bidder or Proposer
Sec. 1-10-76. Authority to suspend or debar from qualified bidder/proposer
list.
Sec. 1-10-77. Causes for suspension and debarment.
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Sec. 1-10-78. Notice
Sec. 1-10-79. Finality of decision
Sec. 1-10-80. Board of Commissioner's initiated debarment
Article 9 Appeals Protests and Remedies
Sec. 1-10-81. Procurement protests.
Sec. 1-10-82. Filing of protest
Sec. 1-10-83. Decision by Procurement Director
Sec. 1-10-84. Appeals
Sec. 1-10-85. Time for filing.
Sec. 1-10-86. Request for hearing and effect of untimely appeal.
Sec. 1-10-87. Notice of hearing
Sec. 1-10-88. Administrative Services Committee hearing procedure and effect
of failure to appear at hearing.
Sec. 1-10-89. Authority of Administrator to participate in procurement
matters.
Sec. 1-10-90. Hearing procedures
Sec. 1-10-91. Determination of Commission; final decision.
Sec. 1-10-92. Contract claims
Sec. 1-10-93. Augusta, Georgia's right to amend bid solicitations or awards
that are in violation of law.
Article 10 Types of Contracts
Sec. 1-10-94. Authority to approve, sign and execute contracts by type.
Sec. 1-10-95. Public works contracts
Article ll Cooperative Procurement
Sec. 1-10-96. Cooperative procurement agreement.
Sec. 1-10-97. Sale, acquisition, or use of supplies.
Sec. 1-10-98. Cooperative use of supplies or services.
Sec. 1-10-99. Joint use of facilities.
Sec. 1-10-100. Use of state contracts.
Sec. 1-10-101. Purchase of surplus and excess property.
Sec. 1-10-102. Waiver.
Article 12 Contract Administration and Management
Sec. 1-10-103. Purpose.
Sec. 1-10-104. Augusta, Georgia contracts and contract clauses.
Sec. 1-10-105. Contract modification and price adjustments.
Sec. 1-10-106. Retainage.
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Sec. 1-10-107. Approval of accounting system.
Sec. 1-10-108. Contractual provisions for auditing records.
Article 13 DBE Program for DOT, FTA, FAA and other Federally Assisted
Contracts.
Sec. 1-10-109. Purpose.
Sec. 1-10-110. Definitions.
Sec. 1-10-111. Limitations.
Sec. 1-10-112. Policy Statement
Sec. 1-10-113. DBE liaison officer.
Sec. 1-10-114. DBE financial institutions.
Sec. 1-10-115. Prompt payment mechanisms.
Sec. 1-10-116. Wage requirements for federally funded projects.
Sec. 1-10-117. DBE bidder's list for DOT-assisted contracts.
Sec. 1-10-118. Overconcentration of DBE firms in certain types of work.
Sec. 1-10-119. Compliance with DBE Program requirements.
Sec. 1-10-120. DBE Program overall goals.
Sec. 1-10-121. Severability.
Chapter lOB
Local Small Business Opportunity Program
Sec. 1-10-122 . Short title.
Sec. 1-10-123. Obj ective.
Sec. 1-10-124. Policy.
Sec. 1-10-125. Definitions.
Sec. 1-10-126. Application; effective date.
Sec. 1-10-127. Program administration
Sec. 1-10-128. Registration and certification procedures.
Sec. 1-10-129. Local small business opportunities program participation
Sec. 1-10-130. Exceptions — federally funded projects
Sec. 1-10-131. Citizen's Small Business Advisory Board
Sec. 1-10-132 through Sec. 1-10-999. Reserved.
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Chapter 10
PROCUREMENT
ARTICLE 1
GENERAL PROVISIONS AND DEFINITIONS
Sec. 1-10-1. Purpose.
The purpose of the Procurement Chapter of the AuGUSTa, GA. CoDE is to provide
detailed procedures for implementation of procurement requirements for Augusta,
Georgia and to provide for a DBE Program for federally assisted contracts.
Further, the purpose of this Chapter is to:
(a) Simplify and consolidate procurement procedures;
(b) Provide for centralized procurement;
(c) Ensure fair and equitable treatment of all persons involved in the
procurement process;
(d) Foster competition in the public procurement process; and
(e) Ensure compliance with all federal, state and local laws.
This chapter shall contain all of the rules, regulations, and procedures needed to
purchase goods and services and provide other procurement services for the
Augusta, Georgia government.
Sec. 1-10-2. Application of this chapter.
(a) Except as otherwise provided herein, the requirements of this chapter apply
to contracts for the procurement of supplies, commodities, services,
construction, professional, and consultant service products solicited or
entered into by Augusta, Georgia. It shall apply to the expenditure of public
funds irrespective of the source of the funds. It shall also apply to the
disposal of Augusta, Georgia's supplies and personal assets.
(b) Nothing in this chapter shall preclude Augusta, Georgia from complying
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with the terms and conditions of any grant, gift, donation or bequest that are
otherwise consistent with state and federal laws.
Sec. 1-10-3. Supplementary laws.
The principles of law and equity, including those relative to contract, agency,
fraud, duress, coercion, mistake, bankruptcy, and the Uniform Commercial Code
of Georgia (O.C.G.A. 11-1-101 et. seq. as amended) and all other applicable
federal, state and local laws shall apply, as appropriate, to the procurement process.
Sec. 1-10-4. Good faith provision.
All parties involved in the negotiation, performance, or administration of Augusta,
Georgia contracts shall act in good faith. Good faith means honesty in fact in the
conduct or transaction concerned and the observance of reasonable commercial
standards of fair dealing. See O.C.G.A. § 11-2-201.
Sec. 1-10-5. Public access to procurement information.
(a) Contract files. Written records pertaining to a solicitation, award or
performance of a contract or purchase order shall be maintained by the
Procurement Director.
(b) Retention. All procurement records shall be maintained and disposed of in
accordance with the Records Retention schedule as established by the
Augusta, Georgia Commission.
(c) Public access. Procurement information shall be considered public records
to the extent required by the Georgia Open Records Act. A Request for
Proposals (RFP) shall not become public record until the final contract is
negotiated and awarded. Any financial, trade secrets or commercial data
contained in Request for Proposals shall be considered privileged and
confidential and shall not be disclosed.
(d) Procurement opportunities will be posted on the Augusta, Georgia internet
website under the Procurement Department: httta:i/wwuT,augusta�a.,�ov
Sec. 1-10-6. Preference for local suppliers, professional services and
contractors. �
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(a) Augusta, Georgia encourages the use of local suppliers of goods, services
and construction products whenever possible. Augusta, Georgia also
vigorously supports the advantages of an open competitive market place.
Nothing in this Section shall be interpreted to mean that the Augusta,
Georgia Administrator or Procurement Director are restricted in any way
from seeking formal bids or proposals from outside the Augusta market area.
(b) When the quotation or informal bids selection method is used by the
Procurement Director or using agency head to seek firms to quote on
Augusta, Georgia commodities, services and construction products, local
firms should be contacted, if possible, first. Where the Procurement
Director or using agency head ascertains that there may not be at least three
(3) qualified informal bidders, quotes may be sought from outside the
Augusta, Georgia market.
(c) In the event of a tie bid (see Section 1-10-50 (h)), when all other factors are
equal, the Augusta, Georgia Administrator shall select the bid from within
the local market area, except that the Administrator shall retain the
flexibility to make the award of contract to a bidder outside of the local
market area if there is sufficient evidence to support collusive bidding in
favor of a local source.
(d) The Local Vendor Preference policy shall only be applied to projects of one-
hundred thousand dollars ($100,000) or less and only when the lowest local
qualified bidder is within 10% or $10,000, whichever is less of the lowest
non-local bidders. The lowest local qualified bidder will be allowed to match
the bid of the lowest non-local bidder and, if matched, the lowest local
qualified bidder will be awarded the contract.
(e) For the purposes of this section, "local bidder" shall mean a business which:
(1) Has had a fixed office or distribution point in and having a street
address within the geographic limits of Richmond County, Georgia
for at least six (6) months immediately prior to the issuance of the
request for bids or quotes by Augusta; and
(2) Holds any business license required by the AuGUSTa, GA. CoDE; and
(3) Employees at least one full-time employee, or two part-time
employees whose primary residence is within the geographic limits of
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Richmond County, Georgia or if the business has no employees, the
business shall be at least fifty percent (50%) owned by one or more
persons whose primary residence is within the geographic limits of
Richmond County, Georgia.
(� The Procurement Director shall develop a program to routinely search out
local firms that offer products or services which Augusta, Georgia may
purchase and encourage such firms to place themselves on the local bidder's
list.
(g) Registration as a local bidder. In order to be registered as a local bidder, a
bidder must submit a completed application to the Procurement Department,
and the applicant must be approved and registered by the Procurement
Department. An eligible bidder must submit a completed and signed written
application to become a local bidder at least thirty (30) days prior to the date
bids are received on an eligible local project. An eligible bidder who fails to
submit an application for approval as a local bidder at least thirty (30) days
prior to the date bids are received on an eligible local project, and who
otherwise meets the requirements for approval as a local bidder, will not be
qualified for a bid preference on such eligible local project.
(h) Criteria. To be registered as a local bidder, the eligible bidder must satisfy
the criteria set forth in subsection (e) above.
(i) Term. The certification as a local bidder shall expire two (2) years from the
date of the approval of the application. Following the expiration date, a
business is no longer a local bidder. An eligible bidder must submit a new
application for certification as a local bidder to the Procurement Director and
establish that it continues to meet the requirements contained in
subparagraph (e) of this section in order to receive a bid preference on
eligible local projects.
(j) Continuing obligations of eligible bidders registered as local bidders.
Eligible bidders registered as local bidders shall be under a continuing duty
to immediately inform the Department of Procurement in writing of any
changes in the eligible bidder's business if, as a result of such changes, the
eligible bidder no longer satisfies the requirements of subparagraph (e) of
this section.
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(k) Nothing in this section shall be interpreted to mean that the Augusta,
Georgia Administrator or Commission may decline to follow the provisions
of O.C.G.A. §§ 36-91-1 through 36-91-95, Public Works Contracts.
O.C.G.A. § 36-91-22 requires that all Augusta, Georgia public works
contracts of one-hundred thousand dollars ($100,000) or more, as defined
therein, be publicly advertised before letting out the contract to the lowest
bidder. Further, nothing in this section shall be interpreted to mean Augusta,
Georgia Administrator or Board of Commissioners may decline to follow
the provisions of the AuGUSTA, GA. CoDE requiring public advertising
before letting certain contracts.
(1) Georgia-made Preference: Augusta, Georgia shall provide a preference for
Georgia-made products on the purchase of supplies, materials, equipment
and agriculture products. The Georgia-made Preference policy shall only be
applied to purchases of such items costing over one-hundred thousand
dollars ($100,000) and only when the vendor seeking this preference
supplies sufficient proof that their product is Georgia-made. A vendors
request for the Georgia—made Preference must be placed in the vendor's
response to an applicable Augusta, Georgia bid. The Administrator shall
determine whether the product is a Georgia-made product. The lowest
bidder of a Georgia—made product will be allowed to match the bid of the
lowest non-Georgia-made bidder. If matched the lowest bidder of a
Georgia—made product will be awarded the contract.
Sec. 1-10-7. Value analysis.
(a) Purpose. A significant portion of the Augusta, Georgia Annual Budget is
committed each year to various purchase contracts such as raw materials,
equipment, equipment parts or components, general supplies, and
professional and non-professional services. Therefore, it is essential that
maximum value be obtained for every public t� dollar spent. A proven
technique for obtaining this goal is value analysis.
(b) Definition of value analysis. Value analysis is the organized and systematic
study of every element of cost in a part, material, or service to make certain
it fulfills its function at the best value. It employs techniques which identify
the functions the user wants from a product or service; establishes by
comparison the appropriate cost for each function; then, it causes the
required knowledge, creativity; and initiative to be used to provide each
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function for that cost.
(c) Application of value analysis to the procurement process. Value analysis is a
study of function and the value of any service, material, or product
established by the minimum cost of other available alternatives, materials,
products, or services that will perform the same function. To achieve high
value, emphasis must be placed on obtaining high use value at low cost.
Sec. 1-10-8. Compliance with state and federal requirement.
When the procurement transaction involves the expenditure of State or Federal
funds, the transaction shall be conducted in accordance with any applicable
mandatory State or Federal laws and authorized regulations. Notwithstanding
where State and Federal assistance or contract funds are used in procurement
transaction, any applicable local requirements that are more restrictive than State
or Federal requirements, but not in conflict therewith, shall be followed.
Sec. 1-10-9. Definitions-generally.
The terms, phrases, words, and their derivations set forth below shall have the
meaning given herein. Words not defined herein or within the Official Code of
Georgia Annotated shall be interpreted so as to give them the meaning they have in
common usage and to give this chapter its most reasonable application. Words
used in the singular shall include the plural, and the plural the singular; words used
in the present tense shall include the future tense. The words shall, will, and must
are mandatory and not discretionary. The word may is permissive. Unless
otherwise provided, all the definitions contained herein are also applicable to
Chapter l OB of this Code.
(1) Agreement. 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 and
O.C.G.A. § 11-2-201).
(2) Annual contract. Means any contract entered into for a period of one
year or multiple one-year periods (including options to renew for
additional one year periods), with a vendor or contractor, to provide
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Augusta, Georgia, upon request with a specified product or service,
such as paving, concrete or office supplies at a predetermined rate or
price.
(3) Award. Means when legislation authorizing the award of a contract
has been adopted by the Board of Commissioners and approved the
execution of the contract by the Mayor; however no liability shall
attach nor shall the contract be considered binding unless it has been
duly executed by the contractor and returned with all required
submittals including insurance and bonding, if applicable, executed by
the Mayor; attested to by the Clerk and approved by General Counsel
as to form.
(4) Bid. An offer to perform a contract for work and labor or supplying
materials or goods at a specified price. Or, an offer by an intending
purchaser to pay a designated price for property which is about to be
sold at auction.
(5) Bid Bond. A bond with good and sufficient surety or sureties for the
faithful acceptance of the contract payable to, in favor of, and for the
protection of the governmental entity for which the contract is to be
awarded.
(6) Bidders List. Augusta, Georgia'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 Procurement
Director.
(7) Business. Any corporation, partnership, individual, sole
proprietorship, joint stock company, joint venture, firm, or any other
private legal entity.
(8) Change O�der. An alteration, addition, or deduction from the original
scope of work as defined by the contract documents to address
changes or unforeseen conditions necessary for project completion.
(9) Commodities. Those things that are useful or serviceable, particularly
articles of inerchandise moveable in trade, goods, wares, supplies, and
merchandise of any kind.
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(10) Construction. 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.
(11) Contract. Means all types of Augusta, Georgia agreements, including
purchase orders, regardless of what they may be called, for the
procurement or disposal of supplies, services, construction,
professional or consultant services and for the transfer of interests in
real property.
(12) Contract Administration. 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.
(13) Contract Documents. All documents which define the scope of the
project, including but not limited to, the plans and specifications,
advertisement for bids, instructions to bidders, the bid, the proposal,
bonds, general conditions, special conditions, insurance and technical
specifications.
(14) Contract Modification. Any written alteration in specifications,
delivery point, time and rate of delivery, period of performance, price,
quantity or other provisions of any contract reached by mutual action
of the parties to the contract.
(15) Contractor and/or Sub-Contractor. Any person having a contract with
Augusta, Georgia, a using agency of Augusta, Georgia, or a contractor
thereof.
(16) Cooperative Procurement. Acquiring commodities, services, and
construction by, or on behalf of, more than one public procurement
agency.
(17) Cost Analysis. 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.
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(18) Cost Data. The factual information concerning the cost of 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.
(19) Cost-reimbursement Contract. A contract under which a contractor is
reimbursed for costs which are allowable and in accordance with the
contract terms and the provisions of this chapter, and a fee or profit, if
any.
(20) Board of Commissioners. The Board of Commissioners of Augusta,
Georgia which is the governing body of Augusta, Georgia.
(21) Mayor. The chief executive officer of Augusta, Georgia who is
authorized to sign all contracts for the Board of Commissioners.
(22) Administrator. The chief appointed administrative officer of Augusta,
Georgia.
(23) Days. Days mean calendar days. In computing any period of time
prescribed by the Procurement Code, the first day shall not be counted
� but the last day shall be counted. If the last day falls on a Saturday or
Sunday, the party shall have through the following Monday. When the
last day falls on a legal holiday observed by the governing authority,
the party shall have through the next day.
(24) Debarment. Exclusion from contracting and subcontracting with
Augusta, Georgia for a specified period of time.
(25) Designee. A duly authorized representative of a person holding a
superior position.
(26) Discussions. As used in the selection process, means an exchange of
information or other manner of negotiation during which the offeror
and Augusta, Georgia may alter or otherwise change the conditions,
terms, and price of the proposed contract. Discussions may be
conducted in connection with competitive sealed proposals, sole
source, and emergency procurement.
(27) Emergency. Any situation resulting in imminent danger to the public
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health or safety or the loss of an essential governmental service.
(28) Employee. An individual drawing a salary or wages from Augusta,
Georgia, whether elected or not; any non-compensated individual
performing personal services for Augusta, Georgia or any department,
agency, commission, council, board, or any other entity established by
the executive, legislative or judicial branch of Augusta, Georgia; and
any non-compensated individual serving as an elected official of
Augusta, Georgia.
(29) Fault. Wrongful act, omission or breach.
(30) Financial Interest. All direct ownership interests of the total assets or
capital stock of a business entity where such ownership interest is ten
(10) percent or more. (O.C.G.A. § 36-67A-1).
(31) Fi�m. Any individual, partnership, corporation, association, joint
venture, or other legal entity permitted by law to practice or offer
professional or consultant services.
(32) Good Faith. Honesty in fact in the conduct or transaction concerned.
(O.C.G.A. § 11-1-201).
(33) Gratuity. 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 greater value is received.
(34) Genuine. Free of forgery or counterfeiting. (O.C.G.A. § 11-1-210).
(35) Immediate family. Father, mother, son, daughter, brother, sister,
grandparents or grandchildren, wife or husband, or the wife or
husband of any of the preceding listed persons.
(36) Interested party. Means an actual or prospective bidder, offeror, or
contractor that may be aggrieved by the solicitation or award of a
contract, or by the protest.
(37) Invitation for Bids. An advertisement for the submission of bids for a
particular project, item or goods whether attached or incorporated by
reference.
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(38) Let (contracts). Award to one of several persons, who have submitted
proposals (bids) therefore, the contract for erecting public works or
doing some part of the work connected therewith, or rendering some
other service to the government for a stipulated compensation.
(39) Responsive Bidder. A person or entity that has submitted a bid or
proposal that conforms in all material respects to the requirements set
forth in the invitation for bids or request for proposals.
(40) May. Denotes the permissive.
(41) Notice. Knowledge, or a notice or notification received by an
individual or organization. Notice is effective for a particular
transaction from the time when it is delivered to the individual it is
addressed to or is delivered to any person in the organization
conducting, or seeking to conduct business with Augusta, Georgia.
(O.C.G.A. § 11-1-201).
(42) Notice to proceed. Written document issued by the Procurement
Director or her designee directing the contractor to proceed with the
performance of the contract.
(43) OffeY. A proposal or bid submitted in response to a request for
proposal (RFP) or invitation for bid (ITB).
(44) Offero�. Any person submitting a response to a solicitation issued,
including an informal request for quotes, a request for proposal or
invitation for bids.
(45) Organization. Includes a corporation, government or governmental
subdivision or agency, business 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).
(46) Payment bond. A bond with good and sufficient surety or sureties
payable to Augusta, Georgia for which the work is to be done and
intended for the use and protection of all subcontractors and all
persons supplying labor, materials, machinery, and equipment in the
prosecution of the work provided for in the public works construction
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contract.
(47) Performance bond. A bond with good and sufficient surety or sureties
for the faithful performance of the contract and to indemnify Augusta,
Georgia for any damages occasioned by a failure to perform the same
within the prescribed time. Such bond shall be payable to, in favor of,
and for the protection of Augusta, Georgia for which the work is to be
done.
(48) Person. Any business, individual, union, committee, club, other
organization, or group of individuals.
(49) Pre-qualification. The process to determine whether a prospective
bidder or proposer satisfies the criteria established for inclusion on the
pre-qualified bidders or proposers list.
(50) Price Analysis. 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.
(51) Pricing Data. 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 prices.
(52) Procurement. Means buying, purchasing, renting, leasing, or
otherwise acquiring any supplies, services or construction. It also
includes all functions that pertain to the obtaining of any supply,
service, or construction, including description of requirements,
selection and solicitation of sources, preparation and award of
contract, and all phases of contract administration.
(53) Procurement Department. The department responsible for the
expenditure of public funds for the procurement of commodities,
services, or construction products.
(54) Procurement Director. The department head of the Procurement
Department responsible for the procurement of goods and services for
Augusta, Georgia.
Page 16 of 111
(55) Procurement Officer. Any person duly authorized to enter into and
administer contracts and make written determinations with respect
thereto. The term also includes an authorized representative acting
within the limits of authority granted by this Code.
(56) Product. Something produced by physical labor or intellectual effort,
commodities, supplies, equipment, materials, goods, services and
construction.
(57) P�oduct Reference. A specification limited to one or more items by
manufacturers' names or catalog numbers to describe the standard of
quality, performance, and other salient characteristics needed to meet
Augusta, Georgia requirements, and which provides for the
submission of equivalent products.
(58) P�ofessional and consultant services. Means those services within the
scope of the practices of architecture, investment banking,
professional engineering, planning, landscape architecture, land
surveying, the medical arts, management and analysis, accounting or
auditing, law, psychology or any other similar kind or type of
professional practice. For purposes of this division, professional and
consultant services shall not include investment management services
as defined by the laws of the State of Georgia.
(59) Proposal. Means the solicited submission of information from a
prospective offeror in accordance with the terms of the applicable
request for proposals and applicable law.
(60) Protest. Means a written statement concerning any unresolved
disagreement or controversy arising out of the solicitation or award of
a contract filed in accordance with the requirements of this Code.
(61) Protestor. Means any actual or prospective bidder, offeror, or
contractor who is aggrieved in connection with the solicitation or the
award of a contract and who files a protest.
(62) Public p�ocu�ement unit. The United States Government, any
department, agency or division thereof, any city, county, town, and
any subdivision of the State of Georgia or public agency of any such
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subdivision, public authority, educational, health, or other institution,
any other non-profit entity which expends public funds for
procurement or supplies, services, or construction.
(63) Public Sale. A sale held to dispose of surplus Augusta, Georgia
property.
(64) Public Works Construction. The building, altering, repairing,
improving, or demolishing of any public structure or building or other
public improvements of any kind to any public real property other
than those projects covered by Chapter 4 of Title 32 of the GEOxG�
CoDE. Such term does not include the routine operation, repair, or
maintenance of existing structures, buildings, or real property.
(65) 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).
(66) Purchase Order. Written authorization requesting the selected vendor
to deliver goods with payment to be made later.
(67) Qualified Products List. An approved list of commodities described
by model or catalog numbers, which, prior to competitive solicitation,
Augusta, Georgia has determined will meet the applicable product
specifications requirements.
(68) Quotations or informal bids selection method. The method for
procuring services, commodities or goods without the formality of a
written proposal or sealed bid for purchases that do not exceed
$10,000.
(69) Requisition. The document submitted by a using agency requesting
that a purchase be made on its 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 law or this
Code.
(70) Request for Proposals (RFP). All documents, whether attached or
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incorporated by reference, utilized for soliciting proposals.
(71) Request for Qualifications (RFQ). A method used to predetermine the
capacity of prospective bidders or proposers for a specific project
prior to the issuance of a solicitation.
(72) Responsible Bidder or Proposer. A person who has the capability in
all respects to perform fully and reliably 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
Procurement Director, Augusta, Georgia Administrator, using agency
head, or Augusta, Georgia Commission may consider the proposers or
bidder's quality of work, general reputation in the community,
financial responsibility, and previous employment or use by Augusta,
Georgia.
(73) Responsive Bidder or Proposer. A person or entity that 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.
(74) Sealed Bid. A method of soliciting public works construction
contracts and other contracts, products or services whereby the award
is based upon the lowest responsive, responsible bid in conformance
with the provisions of Georgia Law and this Code.
(75) Sealed Proposal. A method of soliciting public works contracts and
other contracts, products or services whereby the award is based upon
criteria identified in a request for proposals in conformance with the
provisions of Georgia Law and this Code.
(76) Se�vices. The furnishing of labor, time or effort, 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.
(77) Small Business. A United States business which is independently
owned and which is not dominant in its field of operation or an
affiliate or subsidiary of a business dominant in its field of operation.
Page 19 of 111
(78) Solicitation. Means an invitation for bids, a request for proposals, a
request for quotations or any other document issued by the Augusta,
Georgia concerning its soliciting bids or proposals to perform an
Augusta, Georgia contract or purchase order.
(79) Sole Source. Those procurements made pursuant to a written
determination by Augusta, Georgia that there is only one source for
the required supply, service, or construction item.
(80) Specification. 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.
(81) Substantial Interest. The direct or indirect ownership of more than
twenty-five (25) percent of the assets or stock of any business.
(O.C.G.A. § 45-10-20).
(82) Supplies. Any goods, equipment, material or other personal property
owned by Augusta, Georgia and available for use by the personnel of
the organization.
(83) Su�plus Supplies. Any Augusta, Georgia owned supplies no longer
needed having any use to Augusta, Georgia as determined of official
action of the Board of Commissioners.
(84) Ultra Vi�es. In excess of legal power or authority.
(85) Using Agency. Any department, commission, board, office, authority,
or division of Augusta, Georgia requiring commodities, services or
construction products or professional or other consultant services.
(86) Using Agency Head. The director or department head of a using
agency that is responsible for the administration or such using agency.
(87) Value Analysis. An organized and systemic study of every element of
cost in a part, material, or service to make certain it fulfills its function
at the best value.
Page 20 of 111
(88) Warranty Period. The period following fmal acceptance of the project
during which the contractor/vendor is responsible for repair of any
product, equipment and /or work not caused by vandalism or natural
disaster.
ARTICLE 2
Sec. 1-10-10 through 1-10-22
RESERVED�
* Editors Note: Ord. No. 6239, § 2, adopted Jan. 18, 2000, repealed §§ 1-10-
10--1-10-22 in their entirety. See the Code Comparative Table.
ARTICLE 3
OFFICE OF THE PROCUREMENT DIRECTOR
Sec. 1-10-23. Authority and responsibility of procurement director.
(a) Authority. The Procurement Director is designated as the principal public
procurement official for Augusta, Georgia, and shall be responsible for the
procurement of commodities, services, construction, and professional
service products in accordance with the AuGUSTA, GA CODE and this
chapter.
(b) Duties. The duties of the Procurement Director include but are not limited
to:
(1) Procuring or supervising the procurement of all commodities,
services, construction, and professional and consultant service
products needed by Augusta, Georgia;
(2) Acting to procure for Augusta, Georgia the highest quality in
commodities, construction and service products at the best value to
Augusta, Georgia;
(3) Discouraging collusive bidding and endeavoring to obtain as full and
open competition as possible on all purchases and sales;
Page 21 of 111
(4) Keeping informed of current developments in the field of
procurement, prices, market conditions and new products, and secure
for Augusta, Georgia the benefits of research conducted in the field of
procurement by other governmental jurisdictions, national technical
societies, trade associations having national recognition, and by
private businesses or organizations;
(5) Prescribing and maintaining such forms as needed to operate the
procurement program;
(6) Preparing, recommending, and implementing standard procurement
nomenclature for using agencies and product suppliers;
(7) Preparing, adopting and properly maintaining a vendors' catalog file
and qualified products list;
(8) Exploring cooperative ventures and possibilities of buying in bulk so
as to take full advantage of discounts;
(9) Procuring for Augusta, Georgia whenever possible all tax exemptions;
(10) Cooperating with using agencies so as to secure for Augusta, Georgia
the maximum efficiency in budgeting and purchasing;
(11) Recommending to the Administrator that product vendors who are
irresponsible and non-responsive or default on contracts be debarred
from receiving any business from Augusta, Georgia for an appropriate
period of time;
(12) Exercising general supervision over all other inventories of supplies
belonging to Augusta, Georgia;
(13) Establishing and maintaining programs for specifications
development, contract administration, and inspecting, testing and
acceptance, in cooperation with the public agencies using the
commodities, services and construction products;
(14) Working to ensure equal opportunity for all business owners;
(15) Selling, trading, or otherwise disposing of surplus supplies belonging
Page 22 of 111
to Augusta, Georgia;
(16) Prequalifying suppliers;
(17) Prequalifying products through the study of testing data;
(18) Maintaining the official Augusta, Georgia bidder's list;
(19) Adopting operational procedures; �
(20) Contract administration;
(21) Examining solicitation documents and contracts to ensure compliance
with state and federal laws as well as any court ordered injunctions;
(22) Resolving protests except as otherwise designated by the AuGUSTa,
GA. CoDE; and
(23) Any other duty assigned by the Commission or Administrator that is
within the intent and scope of duties set forth in the AuGUSTA, GA.
CODE.
Sec. 1-10-24. Centralization of procurement function.
(a) Except as otherwise required by law, the Procurement Director or designee
shall solicit all bids or proposals for the procurement of commodities,
services, and construction products, professional or consultant service
products and personal property disposition for all using agencies of Augusta,
Georgia, except for certain purchases officially authorized to be made by an
elected official or using agency head.
(b) Augusta, Georgia shall not be legally bound by any purchase order or
contract made contrary to the provisions of the AuGUSTa, GA. CoDE and this
chapter. Except as may be specifically provided herein, it shall be a violation
of this chapter for any officer or employee of Augusta, Georgia or other
person to order the purchase of any commodities, make contracts for any
services, or dispose of any property within the purview of this chapter other
than through the Augusta, Georgia Administrator or Procurement Director.
Any such purchase may be considered ultra vires. Violators shall be subject
to penalties provided by law andlor in the AuGUSTA, GA CODE
Page 23 of 111
Sec. 1-10-25. Contract administration.
(a) Using Agency requirements. The Procurement Director shall maintain a
close and cooperative relationship with using agencies; and shall afford each
using agency reasonable opportunity to participate in and make
recommendations with respect to procurement matters affecting the agency.
The Procurement Director and the Department Head of the using agency
shall consult with and seek technical assistance from professionals or
persons within the agency having subject matter expertise and knowledge
when drafting and developing solicitation documents. If the knowledge and
expertise is not available in the using agency then the Procurement Director
and/or the using agency shall consult and seek such technical skills and
knowledge from other Augusta departments or professionals.
(b) Examination of solicitation documents and contracts: Prior to the advertising
of any bid, solicitation, or procurement of any type, the using agency the
Procurement Director and the using agency shall review each solicitation for
accuracy as well as compliance with federal laws, state laws and court
ordered enjoinments. The Procurement Director and the using agency shall
also review each contract to determine the accuracy of the terms, conditions,
substance and the inclusion of all required documents including insurance
and bonding.
Sec. 1-10-26. Unauthorized contracts
Liability of Augusta, Georgia officers and employees for unautho�ized contracts.
If any officer or employee of Augusta, Georgia shall create any actual legal
liability against himself or herself or Augusta, Georgia under the circumstances
below, or any other circumstances, such act'ion shall not be construed as a waiver
of any defenses available to Augusta, Georgia, including immunity:
(a) Such officer or employee requests or knowingly permits any person to
proceed or to continue with the performance of any construction or services
for Augusta, Georgia or to provide supplies to Augusta, Georgia; and
(b) The construction or service, or the provision of supplies was not duly
authorized by the Mayor or the Mayor's designee, in accordance with
Augusta, Georgia Charter and the AuGUSTA, GA. CoDE, prior to the
performance of the construction, service, or provision of supplies, and such
Page 24 of 111
officer or employee knew or should have known such fact; and
(c) The contractor or supplier expends money, incurs liability or otherwise acts
to its financial detriment in reliance upon the representation of the Augusta,
Georgia's officer or employee involved; then in such event, if Augusta,
Georgia Administrator and department head, in the case of an employee, or
the Mayor, in the case of an appointed official, as the case may be,
determines that such circumstances exist, that there are no mitigating or
extenuating factors sufficient to justify the actions of the officer or
employee, and that just cause exists for the discharge of the offending officer
or employee of Augusta, Georgia then such offending officer or employee
shall be discharged from his or her employment with Augusta, Georgia
subject to the labor-management relations ordinance where appropriate.
(d) Augusta, Georgia prohibits any language in any solicitation, bid or contract
that is inconsistent with the March 14, 2007 Court Order in the case,
Thompson Wrecking, Inc. v. Augusta Georgia, civil action No. 1:07-CV-019.
Any such language appearing in any Augusta, Georgia solicitation, bid or
contract is void and unenforceable.
(e) Nothing in this article or the AuGUSTa, GA. CoDE shall be construed as a
waiver of any defenses available to Augusta, Georgia, including immunity.
Sec. 1-10-27. Conflicts of interests.
In accordance with this division it shall be unethical for any Augusta, Georgia
officer or employee to participate directly or indirectly in the procurement process
except in the following circumstances:
(a) Procurement by competitive sealed bidding. Direct or indirect financial
interest in or employment by or having any other interest in a business which
is involved in a procurement with Augusta, Georgia only through a
competitive sealed bid shall not be a cause for a conflict of interest under
this division.
(b) Disposition of real property by competitive sealed bidding. Direct or indirect
financial interest in or employment by or having any other interest in a
business which is involved in the acquisition of real property disposed of by
Augusta, Georgia through competitive sealed bidding shall not be a cause
for a conflict of interest under this division.
Page 25 of 111
(c) Disclosure and determination of no adverse interest. Any Augusta, Georgia
officer or employee who has a direct or indirect financial interest in any
procurement made other than by a competitive sealed bid shall disclose the
nature of the financial interest to the Procurement Director. Augusta,
Georgia Administrator, in consultation with the Procurement Director and
General Counsel shall make a written determination as to whether Augusta,
Georgia officer or employee has a conflict of interest that would prevent
participation in such procurement.
Sec. 1-10-28. Gratuities and kickbacks.
(a) Gratuities. It shall be unethical for any person to offer, give or agree to give
any employee or former employee or for any employee or former employee
to solicit, demand, accept or agree to accept from another person a gratuity
or an offer of employment in connection with any decisions, approval,
disapproval, recommendation, preparation of any procurement, influencing
the content of any specification or procurement standard, rendering of any
advice, investigation or acting any advisory capacity or in any in any matter
related to a contract, subcontract, solicitation or proposal.
(b) Kickbacks. It shall be unethical for any payment, gratuity or offer of
employment to be made by or on behalf of a subcontractor or contractor or
any person associated therewith as an inducement for the award of a contract
or subcontract. This prohibition against gratuities and kickbacks shall be
contained in every solicitation and contract.
(c) Former Employees. No former employee or officer shall participate directly
or indirectly in an Augusta, Georgia procurement for six (6) months after
termination of employment or service with Augusta, Georgia.
Sec. 1-10-29. Contingent fees.
(a) Prohibition. It shall be unethical for a person to be retained or to retain a
person to solicit or secure an Augusta, Georgia contract upon an agreement
or understanding for a commission, percentage, brokerage or contingent fee,
except for retention of bona fide employees of bona fide established
commercial selling agencies for the purpose of securing business.
(b) Contract clause required. Every Augusta, Georgia contract or purchase
Page 26 of 111
order shall contain the clause prohibiting contingent fees, as follows:
"The vendor or contractor or firm warrants that it has not employed or
retained any company or person, other than a bona fide employee working
for the vendor or contractor or firm, to solicit or secure this contract or
purchase order; and that the vendor or contractor or firm has not paid or
agreed to pay any person, company, association, corporation, individual or
firm other than a bona �de employee working for the vendor or contractor or
firms, any fee, commission, percentage, gift or any other consideration
contingent upon or resulting from the award or making of this agreement,
For the breach or violation of the above warranty, and upon a finding after
notice and hearing, Augusta, Georgia shall have the right to terminate the
contract or purchase order without liability, and, at its discretion, to deduct
from the contract or purchase order price, or otherwise recover the fill
amount of such fee, commission, percentage, gift or consideration."
Sec.l-10-30. Penalties.
(a) Criminal penalties. To the extent that violations of the ethical standards of
conduct set forth in this division constitute violations of state law or
violations of Augusta, Georgia standards of conduct set forth in section 1-1-
8 of the AuGUSTa, GA CODE, they shall be punishable as provided therein.
Such penalties sha11 be in addition to the civil sanctions set forth in this
division. Criminal, civil and administrative sanctions, against employees or
non-employees which are in existence on the effective date of the ordinance
from which this article derives shall not be impaired.
(b) Sanctions. The Augusta, Georgia Board of Commissioners is permitted to
impose sanctions upon any employee or non-employee for violations of
these provisions.
(c) Employees. The Administrator, upon the recommendation of a Augusta,
Georgia Department Director may impose any one or more of the following
sanctions on an employee for violations of the ethical standards of this
division:
(1) Oral or written warnings or reprimands;
(2) Suspensions with or without pay for specified periods of time; or
(3) Termination of employment.
Page 27 of 111
__ _
(d) Nonemployees. The Administrator, upon recommendation and approval by
the Board of Commissioners, may impose one or more of the following
sanctions on a non-employee for violations of the ethical standards:
(1) Written warnings or reprimands;
(2) Termination of contracts; or
(3) Debarment or suspension as provided in Article 8.
Sec. 1-10-31. Reporting of anti-competitive practices to state.
Under this article, collusion and other anti-competitive practices among offerors
are prohibited by local, state and federal laws, and Augusta, Georgia, therefore,
establishes the following:
(a) Certification of independent price determination. All offerors shall identify a
person having authority to sign for the offeror who shall certify, in writing,
as follows:
"I certify that this offer is made without prior understanding, agreement, or
connection with any corporation, firm, or person submitting an offer for the
same supplies, services, construction, or professional or consultant services,
and is in all respects fair and without collusion or fraud. I understand
collusive bidding is a violation of local, state and federal law and can result
in fines, prison sentences, and civil damages awards. I agree to abide by all
conditions of this solicitation and offer and certify that I am authorized to
sign for this offeror."
(b) Compliance with this subsection shall be considered met if the certification
of independent price determination, as provided in this subsection, is set
forth in an exhibit attached to the offer and appropriate language
incorporating the e�iibit into the offer is set forth therein.
(c) Reporting of anti-competitive practices. When for any reason collusion or
other anti-competitive practices are suspected among any offerors, a notice
of the relevant facts shall be transmitted to the State Attorney General by the
Augusta, Georgia General Counsel for investigation.
ARTICLE 4
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PRODUCT SPECIFICATIONS
Sec. 1-10-32. Purpose.
The purpose of a specification is to provide a description and statement of the
requirements of a product, components of a product, the capability or performance
of a product, and/or the service or work to be performed to create a product.
Sec. 1-10-33. Types of specifications.
(a) Design. This specification describes and states the required functional,
physical and quality characteristics of a product, components of products, or
services.
(b) Performance. This specification describes and states the intended use,
operating conditions, specific features and characteristics, and performance
capability of the product. For construction or services, a performance
specification states the methods to be employee and/or standards to be met,
specific starting and completion schedule, and frequency of the service to be
performed to develop the final product.
(c) Design/performance. This specification is a combination of types (a) and (b)
described above. It is a complete description and statement of the required
physical makeup, functionality, intended use, operating conditions, specific
features and characteristics, and performance capability of the product.
(d) Service availability. If availability of service is to be a criteria for awarding a
contract, the specifications shall clearly state that service availability may be
considered in determining the most responsive bid, and the bidders shall be
required to submit information concerning their ability to service and
maintain the product or equipment.
(e) A specification should be complete in its statement requirements. Other
published specifications can be incorporated (e.g., Georgia D.O.T.
Specifications, Underwriters Laboratory, etc.); however, original statements
are preferable. A specification may also include provisions for testing and
inspecting where necessary.
Sec. 1-10-34. Maximum practicable competition.
Page 29 of 111
All specifications shall be drafted so as to promote overall economy for the
purpose intended and encourage competition in satisfying Augusta, Georgia's
needs, and shall not be unduly restrictive. The procedures in this Section apply to
all specifications including, but not limited to, those prepared for Augusta, Georgia
by architects, engineers, designers, draftsmen, and other consulting persons.
Sec. 1-10-35. Qualified products list.
(a) Augusta, Georgia shall advertise at least once per fiscal year for vendors to
register with the Procurement Department the products and services they
wish to offer Augusta, Georgia. Augusta, Georgia shall keep an index of
these vendors by name and the list shall be cross referenced for products and
services. The vendor's name shall be kept for two (2) years or permanently if
the vendor continues to offer bids. Records shall be kept as to the number of
times a vendor is contacted for informal quotes and other bids. Upon the
request of a vendor, the said vendor shall be added or deleted from the list.
The use of such a list is not intended to restrict competition. Any vendor
may submit, prior to product solicitation, a commodity, product or service to
the Procurement Director for review and possible inclusion on the qualified
products list.
(b) Vendors shall be removed from the vendor list for the reasons established by
the Procurement Director, including, but not limited to:
(1) Declining to offer bids for a two (2) year period.
(2) Failing to satisfactorily meet terms, agreements, or contracts made
with the procurement department or the using agency.
(3) Being convicted of criminal offenses in obtaining contracts or
convicted of embezzlement, violation of state or federal anti-trust
statutes, or any other crime which indicates a lack of business
integrity or honesty.
(4) Violating contract provisions or failing to perform without good cause
or any other cause which the Procurement Director deems to be so
serious as to affect the responsiveness and responsibility of a
contractor, including the disbarment or suspension from a vendor's
list by another governmental entity.
Page 30 of 111
(5) Violating the standards as set forth in Article II hereof for conflicts of
interest.
Sec. 1-10-36. Background information on vendors.
The Department Head and/or the Administrator is directed to provide the bid
amount as submitted, information concerning the vendor's previous performance,
the service and quality of the products offered, the availability of the goods and
services when needed, adherence to delivery schedules, and other criteria pertinent
to that particular item, on vendors who have submitted bids, proposals, or contracts
for the Commission's consideration. The information is to be included in the
backup documents for the Commission's consideration in awarding the contract.
Sec. 1-10-37. Product references in specifications.
(a) Use. Product references may be used in specifications, in conjunction with
other descriptive narrative, when:
(1) No other design or performance specification or qualified products list
is available;
(2) Time does not permit the preparation of another form of purchase
description;
(3) The nature of the product or the nature of Augusta, Georgia's
requirements dictates the use of a brand name or equal reference in the
specification; or
(4) The use of a brand name or equal specification is in Augusta,
Georgia's best interests.
(b) Designation of several products references. Product reference or equal
specifications shall seek to identify as many different product references as
are practicable, as or equal references and shall further state that
substantially equivalent products to those designated will be considered for
award, unless conditions warrant otherwise.
(1) Unless otherwise authorized by the Administrator, product reference
or equal specifications shall include a description of the particular
design, functional, or performance characteristics which are required.
Page 31 of 111
(2) Where a product reference or equal specification is used in a
solicitation, the solicitation shall contain explanatory language that the
use of the product reference is for the purpose of describing the
standard of quality, performance, and characteristics desired and is not
intended to limit or restrict competition.
(c) In all cases where brand name items are requisitioned by any department, the
Procurement Director has the authority to determine whether similar
products of equal quality offered for sale to Augusta, Georgia at a lower
price shall be ordered in lieu of the requisitioned brand name items.
Sec. 1-10-38. Responsibility for specifications.
The using agency shall be responsible for acquiring specifications data for it's
procurements. Procurement Department personnel may assist with this task by
providing copies of previously used specifications, brochures, or other reference
materials. However, the Procurement Director shall have the primary responsibility
to develop the data provided by the using agency head into the proper format for
the solicitation of bids, proposals, or quotations and ensure that all specifications
comply with federal laws, state laws and court ordered enjoinments. All
specifications shall be drafted so as to promote free and open competition in
satisfying the using agency's needs and shall not be unduly restrictive.
Sec. 1-10-39. Inspection of purchases.
The procurement director, or his or her designee, in conjunction with the using
agency or department head shall inspect, or supervise the inspection of, all
deliveries of materials, supplies or contractual services to determine their
conformance with the specifications set forth in the pertinent purchase order or
contract. The Procurement Director may require chemical and physical tests of
samples submitted with bids and samples of deliveries, which examinations are
necessary to determine quality of the samples and conformance with specifications.
ARTICLE 5
REQUIREMENTS FOR BIDDING OR PROPOSING ON AUGUSTA,
GEORGIA CONTRACTS
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Sec. 1-10-40. Responsibility of bidders and proposers.
(a) Determination of responsibility. The level of responsibility of the bidder or
proposer shall be ascertained for each contract awarded by Augusta, Georgia
based upon full disclosure to the Procurement Director concerning the
person's capacity to meet the terms of the contract and based upon the
person's past record of performance on similar contracts, the bidder's quality
of work, general reputation in the community, financial responsibility, and
previous employment or use by Augusta, Georgia. If an offeror who
otherwise would have been awarded a contract is found non-responsible, a
written determination of non-responsibility, setting forth the basis of the
finding, shall be prepared by the Procurement Director or the using agency
and submitted to the Procurement Director. The failure of an offeror to
promptly supply information in connection with an inquiry with respect to
the level of responsibility may be grounds for a determination of non-
responsibility with respect to such bidder or offeror or proposer. A copy of
the determination shall be sent promptly to the non-responsible offeror. The
final determination shall be made a part of Augusta, Georgia's contract file
and be made a public record.
(b) Right of nondisclosure. Except as required by the Open Records Act,
information furnished by an offeror pursuant to this Section shall not be
disclosed outside of the Procurement Department, or using agency, by
Augusta, Georgia staff without prior written consent by the offeror.
Sec. 1-10-41. Cost or pricing data.
(a) Required submissions relating to the award of cont�act. A prospective
contractor shall submit cost or pricing data when the contract is expected to
exceed five thousand dollars ($5,000) and is to be awarded by competitive
sealed proposals (section 1-10-52; Competitive Sealed Proposals), by sole
source procurement authority (section 1-10-56; Sole Source Procurement),
or by competitive selection procedures for professional and consultant
services (section 1-10-53}.
(b) Exceptions. The submission of cost or pricing data relating to the award of a
contract is not required when:
(1) The contract price is based on adequate price competition;
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(2) The contract price is based on established catalogue prices or market
prices;
(3) The contract price is set by law or regulation;
(4) Augusta, Georgia uses an alternative procurement method for
obtaining the best value, such as Construction Management at Risk,
Design/Build, etc.; or
(5) It is determined by the Procurement Director and approved by the
Augusta, Georgia Administrator, in writing, that the requirements of
this Section may be waived, and the determination states the reasons
for such waiver.
(c) Required submissions relating to change orders or contract modifications. A
contractor shall submit cost or pricing data prior to the approval of any
change order or contract modification, including adjustments to contracts
awarded by competitive sealed bidding, whether or not cost or pricing data
was required in connection with the initial pricing of the contract, whenever
the change or modification involves aggregate increases or aggregate
decreases of five percent (5%) or more of original bid or proposal price.
(d) Exceptions. The submission of cost or pricing data relating to the pricing of
a change order or contract modification is not required when:
(1) Unrelated and separately priced adjustments for which cost or pricing
data would not be required are consolidated for administrative
convenience; or
(2) It is determined in a written report by the Procurement Director and
approved by the Augusta, Georgia Administrator that the
requirements of subsection (c) hereof (Cost or Pricing Data; Required
Submissions Relating to Change Orders or Contract Modifications)
may be waived, and the determination states the reasons for such
waiver.
(e) Ce�tification required. Any prospective or current contractor required to
submit cost or pricing data in accordance with this Section shall certify that
to the best of its knowledge and belief the cost or pricing data submitted was
accurate, complete, and current, as of a mutually specified date prior to the
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_ _ __
award of the contract, or the pricing of the change order for contract
modification.
(� Price adjustment provision required in cont�acts. Augusta, Georgia
contracts shall include a provision stating that when detailed pricing data has
been requested by Augusta, Georgia and submitted by the offeror/contractor
under the terms of the contract which is later found to be in error, that the
price of the products charged to Augusta, Georgia, including profit or fee,
shall be appropriately adjusted. Such prices shall be accurate, complete, and
current as of the date agreed upon between Augusta, Georgia and the
contractor.
Sec. 1-10-42. Cost or price analysis.
A cost analysis or a price analysis, including life cycle costing as appropriate, may
be conducted prior to award of a contract. If this technique is to be used, notice
shall be provided the bidder/offeror in the bid solicitation or request for proposals.
A written record of such cost analysis or price analysis shall be made a part of the
contract file.
Sec. 1-10-43. Bid and performance bonds when required.
Bid and performance bonds or other security shall be requested for any contract as
the Procurement Director, using agency head, and/or Administrator deem advisable
to protect Augusta, Georgia's interest under circumstances specified herein. Any
such bonding requirements shall be set forth in the solicitation.
Sec. 1-10-44. Bid security.
(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 Procurement Director to exceed one-hundred thousand
dollars ($100,000).
(b) Bid security shall be a bond provided by a surety company authorized to do
business in the State of Georgia or the equivalent in cashier's or certified
check (Checks shall be made payable to Augusta, Georgia), or such other
security as approved by the Augusta, Georgia General Counsel.
(c) Nothing herein prevents the requirements of such security on construction
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and other purchases less than one-hundred thousand dollars ($100,000)
when the circumstances warrant such requirements as determined by the
Procurement Director and using agency head.
(d) Amount. Bid security, when required, shall be in an amount equal to at least
ten percent (10%) of the amount of bid or an amount certain specified in the
solicitation.
(e) The bid security of the three (3) lowest bidders shall be held until contract
award. Securities posted by others will be returned shortly after receipt of
bids. 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,
Georgia 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.
(� Upon failure of an offeror to enter into a contract within ten (10) days after
the contract is tendered by Augusta, Georgia, the offeror's security is subject
to forfeit.
(g) Rejection of bids/noncompliance with bid security requirement. When the
procurement requires bid security, any bid or proposal submitted without
such security shall be rejected and returned to the bidder with a written
explanation of the action taken.
(h) Withdrawal of bids. Withdrawal of a bid is considered cause to forfeit bid
security. However, the bidder may be entitled to the return of its bid
security if the bidder is permitted to withdrawn its bid or proposal before
award as provided in section 1-10-50(h).
Sec. 1-10-45. Payment and performance bonds.
(a) Requirement and amount. When a contract for construction services is
awarded in excess of one-hundred thousand dollars ($100,000) the following
bonds shall be delivered to Augusta, Georgia, and shall become binding on
the parties upon the execution of the contract:
(1) A performance bond in the amount of 100% of the price specified in
the contract executed by a surety company authorized to do business
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in the State of Georgia, and in a form and fashion satisfactory to
Augusta, Georgia; and
(2) A payment bond in the amount of 100% of the price specified in the
contract executed by a surety company authorized to do business in
the State of Georgia and in a form and fashion satisfactory to Augusta,
Georgia.
(b) Nothing in this chapter shall prohibit Augusta, Georgia from requiring other
contractors or suppliers of professional services to comply with one or both
bonding requirements if so determined by the Augusta, Georgia
Administrator, and/or using agency head, to be necessary.
(c) Reduction of bond amounts. Prior to the taking of bids, the Procurement
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, Georgia to do so, provided Georgia law does not mandate the
amount of such bond.
(d) Authority to require additional bonds. Nothing in this Section shall be
construed to limit the authority of Augusta, Georgia to require other security
in addition to those bonds if warranted by the circumstances and other than
specified in this Section.
Sec. 1-10-46. Insurance requirements.
Standard ranges and types of coverage shall be determined under the direction of
the Augusta, Georgia Administrator and advice of the Augusta, Georgia General
Counsel, Risk Management, Finance Director, Procurement Director and other
appropriate staff. General requirements shall be reviewed at least once annually.
Insurance shall be required within established ranges and for specific purposes for
each solicitation and contract, except where otherwise provided for in the
AUGUSTA, GA. CODE.
Sec. 1-10-47. Request for qualifications; pre-qualifications of contractors.
(a) The Procurement Director, in consultation with the Administrator and using
agency head may determine that it shall be in the best interest of Augusta,
Georgia to pre-qualify offerors for contracts of a particular type. The
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imposed standards shall be ,met by any contractor who wishes submit a bid
or proposal for the subject project. The contractor shall submit required data
in order to obtain a fair and impartial determination of whether the pre-
qualification standards have been met. When pre-qualification is required,
only those contractors who submit the required pre-qualification information
and who are actually pre-qualified to submit a bid or proposal for the
proposed solicitation.
(b) Public notice. Public notice of pre-qualification shall be given in the same
manner as provided in section 1-10-50 (c).
(c) P�e-qualification standards. The Procurement Director and affected using
agency heads shall review all information submitted by the suppliers and, if
necessary, require additional information. The standards set for pre-
qualification shall include but not be limited to factors set forth in section 1-
10-50-Sealed Bids; Bid Acceptance and Bid Evaluation or section 1-10-52-
Sealed Proposals; Evaluation and Selection. If the Procurement Director and
Administrator determine that the contractor meets all standards, then the
contractor shall be so pre-qualified. The contractor shall be notified in
writing.
(d) Failure to pre-qualify. Should a contractor not be pre-qualified, appropriate
written notice shall be sent and the contractor may appeal such
determination as provided in Article 9.
(e) In no instance shall a contract be awarded from the solicitation of request for
qualifications.
ARTICLE 6
PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT
AWARDS
Sec. 1-10-48. Generally.
The following sections provide detailed information concerning the use of the
seven (7) source selection methods available for use for the procurement of
commodities, services and construction products for Augusta, Georgia. The seven
methods are: (1) sealed bids, (2) sealed proposals, (3) special services, (4)
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quotations or informal bids, (5) sole source, (6) emergency procurement and (7)
annual contracts.
Sec. 1-10-49. Purchase order.
No officer or employee of Augusta, Georgia shall request a vendor to deliver
goods, merchandise, materials or supplies to Augusta, Georgia except upon a
regular purchase order issued by the procurement agent; however, the provisions of
this subsection shall not apply to emergency purchases provided for in this section.
Sec. 1-10-50. Sealed bids selection method.
(a) Conditions for use. All contracts of Augusta, Georgia shall be awarded by
competitive sealed bidding except as otherwise provided elsewhere in this
article (see section 1-10-52-Sealed Proposals; 1-10-53-Professional
Services; 1-10-54-Quotations; 1-10-56-Sole Source Procurement; and 1-10-
57-Emergency Procurements, of this chapter).
(b) Invitation for bids and specifications. An invitation for bids shall be issued
by the Procurement Office and shall include specifications prepared in
accordance with Article 4(Product Specifications), and all contractual terms
and conditions, applicable to the procurement. All specific requirements
contained in the invitation to bid including, but not limited to, the
number of copies needed, the timing of the submission, the required
financial data, and any other requirements designated by the
Procurement Department are considered material conditions of the bid
which are not waiveable or modifiable by the Procurement Director. All
requests to waive or modify any such material condition shall be submitted
through the Procurement Director to the appropriate committee of the
Augusta, Georgia Commission for approval by the Augusta, Georgia
Commission.
(c) Public notice and bidder's list. Adequate public notice of the invitation for
bids shall be given in reasonable time, not less than ten (10) working days
prior to the date set forth therein for the receipt of bids.
(1) Public works type contracts with values that equal or exceed one-
hundred thousand dollars ($100,000), shall be advertised at least once
weekly for at least four (4) weeks prior to opening of bids.
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(2) Public notice shall include publication for three (3) days within a ten
(10) day period in the legal gazette or newspaper. The public notice
minimally shall state the place, date, and time of pre-bid conference
and/or bid opening, where specification documents may be obtained,
and a brief description of the purchase or sale.
(3) The Procurement Director shall also directly solicit sealed bids from
all responsible prospective suppliers whose names appear on the
Augusta, Georgia Bidders' List which the Procurement Director shall
maintain.
(d) Pre-bid conference and addendunz. A conference to be conducted by the
Procurement 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 the pre-bid conference or other
vendor/contractor sessions shall be documented in an addendum and
communicated to all bidders registered for the procurement action.
(e) Bid opening. Sealed Bids shall be opened publicly in the presence of one or
more witnesses at the time and place designated in the public notice and
invitation for bids. The amount of each bid, and such other relevant
information as the Procurement Director deems appropriate, together with
the name of each bidder shall be recorded; the record, and each bid, shall be
open to public inspection in accordance with Section 1-10-5 (Public Access
to Procurement Information).
(� Bid acceptance and bid evaluation. Provided that the bids are delivered to
the Procurement Director at the time, place, and under the conditions
contained in the Invitation for Bids, the bids shall be conditionally accepted
without alteration or correction pending evaluation.
(g) Bids shall be evaluated based on the requirements set forth in the invitation
for bids, which may include bidder responsibility and responsiveness,
capability and past performance, and criteria to determine acceptability such
as inspection, testing, quality workmanship, delivery, and suitability for a
particular purpose. Those criteria that will affect the bid price and be
considered in evaluation for award shall be objective and clearly measurable,
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including but not limited to discounts, transportation costs, and total or life
cycle costs.
(h) Correction or withdrawal of bids. Correction or withdrawal of inadvertently
erroneous bids before or after bid opening may be permitted under the
circumstances described below:
(1) Mistakes discovered before bid opening may be modified or
withdrawn by written or telegraphic notice received in the
Procurement Office prior to the time set for bid opening.
(2) The bidder may withdraw the bid, prior to bid opening, without
revealing the amount of the bid, by submitting a new sealed bid and
providing written notice of such withdrawal.
(3) After the bid opening, corrections to bids shall be permitted only as to
bid price and only to the extent that the bidder can show by clear and
convincing evidence that a mistake of a non judgmental character was
made, the nature of the mistake, and the bid price actually intended.
Otherwise, no changes in bid prices or other provisions of bids shall
be permitted.
(4) In lieu of bid correction, a low bidder alleging a material mistake of
fact may be permitted to withdraw its bid i£
. (i) Such error in the calculation of the bid can be documented by
clear and convincing written evidence;
(ii) Such error can be clearly shown by objective evidence drawn
from inspection of the original work papers, documents, or
materials used in the preparation of the bid sought to be
withdrawn;
(iii ) The bidder serves written notice upon the Procurement Director
either prior to the award of the contract or not later than forty-
eight (48) hours after the opening of bids, excluding Saturdays,
Sundays and legal holidays;
(iv) The bid was submitted in good faith and the mistake was due to
a calculation or clerical error, an inadvertent omission or
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typographical error as opposed to an error in judgment; and
(v) The withdrawal of the bid will not result in undue prejudice to
Augusta, Georgia or other bidders by placing them in a
materially worse position than they would have occupied if the
bid had never been submitted.
(5) In the event that an apparent successful bidder has withdrawn his or
her bid as provided in subsection (3) of this Code section, action on
the remaining bids should be considered as though the withdrawn bid
had not been received. In the event the project is re-let for bids, under
no circumstances shall a bidder who has filed a request to withdraw a
bid be permitted to resubmit a bid for the work.
(6) No bidder who is permitted to withdraw a bid pursuant to subsection
(3) of this Code section shall for compensation supply any material or
labor to, or perform any subcontract or other work agreement for, the
person or firm to whom the contract is awarded or otherwise benefit,
directly or indirectly, from the performance of the project for which
the withdrawn bid was submitted. (O.C.G.A. § 13-10-22).
(7) All decisions to permit the correction or withdrawal of bids, or to
cancel awards or contracts based on bid mistakes, shall be supported
in a written report made by the Procurement Director.
(8) Withdrawal after receipt of bids is cause to forfeit bid security unless
substantial evidence was presented clearly evidencing the mistake and
hardship that would occur to either Augusta, Georgia or the bidder in
the event of award.
(i) Tie bids. In the event two or more bidders are tied in price while otherwise
meeting all of the required conditions, the bid shall be awarded to the
business which is located within Augusta, Georgia, or if not within the
above, within the State of Georgia. Where this method does not result in the
awarding of a bid, the Procurement Director shall call a public forum, cause
each bidder or stand-in to write the name of the bidder on paper and placed
in a container, the winner to be determined by drawing lots.
(j) Letting the contract. The contract shall be awarded or let in accordance with
procedures set forth herein. Award shall occur with reasonable promptness
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by appropriate written notice to the lowest responsible and responsive bidder
whose bid meets the requirements and criteria set forth in the invitation for
bids.
(k) In addition to price and other material factors, the Procurement Director, in
consultation with the using agency, shall consider the following in the
context of award recommendations:
(1) The ability, capacity, and skill of the bidder to perform the contract or
provide the services required,
(2) The capability of the bidder to perform the contract or provide the
service promptly or within the time specified, without delay or
interference,
(3) The character, integrity, reputation, judgment, experience, and
efficiency of the bidder,
(4) The quality of performance on previous contracts,
(5) The previous and existing compliance by the bidder with laws and
ordinances relating to the contract or services,
(6) The sufficiency of the financial resources of the bidder relating to his
ability to perform the contract,
(7) The quality, availability, and adaptability of the supplies or services to
the particular use required, and
(8) The number and scope of conditions attached to the bid by the bidder.
(1) Award to other than low bidder. When the award is not given to the lowest
most responsive and responsible bidder, a full and complete statement of the
reasons for awarding the purchase order or other contract shall be prepared
and signed by the Procurement Director andlor Administrator and made part
of the record file.
Sec. 1-10-51. Request for proposals.
Request for proposals shall be handled in the same manner as the bid process as
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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 shall not be
disclosed during the process of the negotiations.
(c) Proposals shall be open for public inspection only after the award is made.
(d) Proprietary or confidential information, marked as such in each proposal,
shall not be disclosed without the 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 may be held for the purpose of clarification to
assure a full understanding of the solicitation requirement and
responsiveness thereto.
(� Revisions may be permitted after submissions and prior to award for the
purpose of obtaining the best and final offers.
(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.
Sec. 1-10-52. Sealed proposals.
(a) Conditions for use. The competitive sealed proposals method may be
utilized when the Augusta, Georgia Administrator approves the written
justification of the Procurement Director or using agency head that the
sealed bid method is not in the best interest of Augusta, Georgia. Generally,
this method may be used when competitive sealed bidding (involving the
preparation of detailed and specific specifications) is either not practicable
or not advantageous to Augusta, Georgia. Augusta, Georgia is not restricted
from using alternative procurement methods for obtaining the best value on
any procurement, such as Construction Management at Risk, Design/Build,
etc.
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(b) Request for proposals. Competitive sealed proposals shall be solicited
through a request for proposals (RFP).
(c) Public notice. Adequate public notice of the request for proposals shall be
given in the same manner as provided in section 1-10- 50(c)(Public Notice
and Bidder's List); provided the normal period of time between notice and
receipt of proposals minimally shall be fifteen (15) calendar days.
(d) Pre proposal conference. A pre-proposal conference may be scheduled at
least five (5) days prior to the date set for receipt of proposals, and notice
shall be handled in a manner similar to section 1-10-50(c)-Public Notice and
Bidder's List. No information provided at such pre-proposal conference shall
be binding upon Augusta, Georgia unless provided in writing to all offerors.
(e) Receipt of proposals. Proposals will be received at the time and place
designated in the request for proposals, complete with bidder qualification
and technical information. No late proposals shall be accepted. Price
information shall be separated from the proposal in a sealed envelope and
opened only after the proposals have been reviewed and ranked.
The names of the offerors will be identified at the proposal acceptance;
however, no proposal will be handled so as to permit disclosure of the
detailed contents of the response until after award of contract. A record of all
responses shall be prepared and maintained for the files and audit purposes.
(� Public inspection. The responses will be open for public inspection only
after contract award. Proprietary or confidential information marked as such
in each proposal will not be disclosed without written consent of the offeror.
(g) Evaluation and selection. The request for proposals shall state the relative
importance of price and other evaluation factors that will be used in the
context of proposal evaluation and contract award. (Pricing proposals will
not be opened until the proposals have been reviewed and ranked). Such
evaluation factors may include, but not be limited to:
(1) The ability, capacity, and skill of the offeror to perform the contract or
provide the services required;
(2) The capability of the offeror to perform the contract or provide the
service promptly or within the time specified, without delay or
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interference;
(3) The character, integrity, reputation, judgment, experience, and
efficiency of the offeror;
(4) The quality of performance on previous contracts;
(5) The previous and existing compliance by the offeror with laws and
ordinances relating to the contract or services;
(6) The sufficiency of the financial resources of the offeror relating to his
ability to perform the contract;
(7) The quality, availability, and adaptability of the supplies or services to
the particular use required; and
(8) Price.
(h) Selection committee. A selection committee, minimally consisting of
representatives of the procurement office, the using agency, and the
Administrator's office or his designee shall convene for the purpose of
evaluating the proposals.
(i) Preliminary negotiations. Discussions with the offerors and technical
revisions to the proposals may occur. Discussions may be conducted with
the responsible offerors who submit proposals for the purpose of
clarification and to assure full understanding of, and conformance to, the
solicitation requirements. Offerors shall be accorded fair and equal treatment
with respect to any opportunity for discussions and revision of proposals and
such revisions may be permitted after submission and prior to award for the
purpose of obtaining best and final offers. In conducting discussions, there
shall be no disclosure of information derived from proposals submitted by
competing offerors.
(j) From the date proposals are received by the Procurement Director through
the date of contract award, no offeror shall make any substitutions, deletions,
additions or other changes in the configuration or structure of the offeror's
teams or members of the offeror's team.
(k) Final negotiations and letting the contract. The Committee shall rank the
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technical proposals, open and consider the pricing proposals submitted by
each offeror. Award shall be made or recommended for award through the
Augusta, Georgia Administrator, to the most responsible and responsive
offeror whose proposal is determined to be the most advantageous to
Augusta, Georgia, taking into consideration price and the evaluation factors
set forth in the request for proposals. No other factors or criteria shall be
used in the evaluation. The contract file shall contain a written report of the
basis on which the award is made/recommended. The contract shall be
awarded or let in accordance with the procedures set forth in this Section and
the other applicable sections of this chapter.
1-10-53. Competitive selection procedures for professional and consultant
services.
As used in this section professional and consultant services, such as those provided
by architects, engineers, investment banking, professional engineering, planning,
landscape architects, land surveying, the medical arts, management and analysis,
accounting or auditing, psychology or any other similar kind or type of
professional practice which are normally obtained on a fee basis. This section shall
not be applicable to services provided by attorneys or other professionals retained
in connection with legal services. General Counsel shall be responsible for
selecting attorneys and litigation related professionals.
(a) Conditions fo� use. The Procurement Director, upon the request or
recommendation of the using agency, shall procure professional and
consultant services, in accordance with this section.
(b) Statement of qualifications. The Procurement Director shall request and
maintain statements of interest from persons interested in providing
professional and consultant services that shall include a statement of
qualifications and performance data for such persons. Each using agency
shall encourage professional and consultant firms, which desire to provide
services to the agency, to submit statements of qualifications to Procurement
Director. Procurement Director may specify a uniform format for statements
of qualifications. Persons may amend these statements at any time by filing a
new statement. Any person placed on the qualifications list shall be removed
if found in violation of any provision of this article or if such person is found
in default under any contract with Augusta, Georgia.
(c) Public notice. When requested by the using agency, Procurement Director
shall issue public notice for requests for proposals from professional and
consultant offerors as provided in section 1-10-50(c).
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(d) Selection. Procurement Director, in consultation and upon the
recommendation of the head of the using agency, shall select from among
the offerors no less than three (3) offerors (the "short-listed offerors")
deemed to be the most responsible and responsive; provided, however, that
if three (3) or less offerors respond to the solicitation, this requirement will
not apply. The selection of the short-listed offerors shall be made in order of
preference. From the date proposals are received by Procurement Director
through the date the contract is awarded, no offeror may make substitutions,
deletions, additions or other changes in the configuration or structure of the
offeror's teams or members of offeror's teams prior to award. The selection
criteria shall include, but not be limited to, those contained in section 1-10-
52(g) and the following:
(1) Previous experience demonstrating competence to perform work or
services involved in the solicitation;
(2) Past performance of previous contracts with respect to time of
completion and quality of work;
(3) The fee or compensation demanded for the services;
(4) The ability to comply with applicable laws;
(5) The ability to comply with the schedule of the commencement and
completion of the services, as required by Augusta, Georgia;
(6) The financial ability to furnish the necessary bonds to the extent
necessary;
(7) The financial condition of the offeror; and
(8) The ability to provide staffing of management personnel, satisfactory
to Augusta, Georgia.
(e) Negotiations and award. Procurement Director shall negotiate a contract
with the most responsible and responsive short-listed offeror at
compensation that Procurement Director determines in writing to be fair and
reasonable to Augusta, Georgia. In making this decision, Procurement
Director shall take into account the estimated value, the scope, the
complexity and the professional nature of the services to be rendered.
Should Procurement Director be unable to negotiate a satisfactory contract
with the offeror considered to be the most responsible and responsive at a
price for Procurement Director determines to be fair and reasonable to
Augusta, Georgia; negotiations with that offeror shall be terminated.
Procurement Director shall then undertake negotiations with the second most
responsible and responsive short-listed offeror. If negotiations with the
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second most responsible and responsive short-listed offeror are unsuccessful,
negotiations shall be terminated and Procurement Director shall then
undertake negotiations with the third most responsible and responsive short-
listed offeror. Should Procurement Director be unable to negotiate a contract
with any of the short-listed offerors, Procurement Director and the using
agency may select from the additional offerors that were not short-listed in
order of their responsibility and responsiveness and Procurement Director
may continue negotiations in accordance with this section until an agreement
is reached.
Sec. 1-10-54. Informal bids selection methods (standard and small purchases)
and authority of Administrator and General Counsel.
(a) Conditions for use. Any standard or small purchase contract or purchase
order for supplies, services, and construction not exceeding ten thousand
dollars ($10,000) in total value may be made in accordance with the
purchase procedures authorized in this Section and other applicable
provisions of this Article. Contract requirements shall not be artificially
divided so as to constitute a small purchase under this Section.
(b) Request for quotations and specifications. Requests for quotations may be
issued in writing or by telephone for purchases less than ten thousand dollars
($10,000). In either case, specifications shall be prepared describing the item
or service in a form suitable for an appropriate vendor response.
(1) Informal oral bid quotations. Quotes from a minimum of three (3 )
sources shall be obtained. Maximum purchase under this system is to
be five thousand dollars ($5,000), including sales tax. Vendor quotes
are to be noted on the requisition for retention. The procurement
requirement shall not be artificially divided so as to constitute a
purchase to be made by this method.
(2) Informal written bid quotations. Solicitation for written bid quotes
shall be obtained from three (3) sources, if available, from the vendor
list. The maximum purchase under this system is to be ten thousand
dollars ($10,000), including sales tax.
(3) Selection is to be made from the list in the following manner:
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(i) Low bidder on last quote;
(ii) Next vendor on list;
(iii) Repeat procedure until all vendors have been asked to quote;
(iv) Begin new rotation of vendors by using the last low bidder on
quote.
(c) Public notice. Notice in the form of advertisements is not required.
However, no less than three (3) vendors/contractors shall be directly
solicited, if available, to submit quotations.
(d) Receipt of quotations. Quotations shall be scheduled for receipt at a date,
time and place certain. The amount of each quote and such other relevant
information as the Procurement Director deems appropriate, together with
the name of each offeror shall be recorded. The record of each quote shall be
open to public inspection in accordance with section 1-10-5 (Public Access
to Procurement Information).
(e) Evaluation. Quotations shall be evaluated based on the requirements set
forth in the request for quotations, which may include bidder responsiveness,
capability and past performance, and criteria to determine acceptability such
as inspection, testing, quality, workmanship, delivery, and suitability for a
particular purpose. Those criteria that will affect the quoted price and be
considered in evaluation forward shall be objective and clearly measurable,
including but not limited to discounts, transportation costs, and total or life
cycle costs. No criteria may be used in the evaluation processes that are not
set forth in the request for quotations or other notice.
(� Correction or withdrawal of quotes. Correction or withdrawal of
inadvertently erroneous quotes before or after the evaluation of the quotes
may be permitted under the circumstances described in section 1-10-50(g)
(Correction or Withdrawal of Bids).
(g) Tie quotes. Shall be handled in the manner described in section 1-10-50 (h)
(Tie Bids).
(h) Award. Award shall be made to the most responsible and responsive bidder
offering the lowest acceptable quotation. The names of the person
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submitting quotations and the date and amount of each quotation shall be
recorded and maintained as a public record. Written quotations are advisable
but not expressly required.
(i) Agency pu�chases under one-thousand dollars ($1, 000)/authority of using
agency. Procurement of an item or article which does not exceed one-
thousand dollars ($1,000.00), including any sales tax, shall be exempt from
the bid process except that, where applicable, contract vendors shall be used
unless substitution is approved in writing and in advance by the Procurement
Director. Further, the procurement requirements shall not be artificially
divided so as to constitute a small purchase. A reasonable effort shall be
made to negotiate price agreements that will cover much of the small
purchase volume. For purchases of one-thousand dollars ($1,000) or less in
value the using agency head may issue a Purchase Order to acquire
commodity and service products. The using agency shall obtain adequate
and reasonable competition for the supply, service, or construction being
purchased. Further, the using agency head shall require the preparation and
maintenance of written records adequate to document the competition
obtained, properly account for the funds expended, and facilitate an audit of
the small purchase made. Small purchases under one-thousand dollars
($1,000) may be made by the elected official or using agency head of all
using agencies as follows:
(1) Where the purchase does not exceed one-thousand dollars ($1,000)
and a Using Agency Purchase Order is prepared and presented to the
vendor.
(2) A copy of the purchase order shall be forwarded to Finance and
Procurement notifying the Director of Finance and Procurement of the
purchase and requesting payment to be made from funds previously
allocated to such using agency.
(j) Limitations on small purchases made by using agencies. When small
purchases are made by the using agency head pursuant to Subsection (i), the
following requirements shall be met:
(1) Such purchases are limited to goods and minor services where no
contract exists or goods are not stocked by Augusta, Georgia. No
equipment and furniture purchases are authorized under subsection (i);
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(2) The Using Agency Purchase Orders and original invoices shall be
prepared and signed by an authorized party at the using agency level
and forwarded to Finance for further processing;
(3) Purchases shall not be divided artificially to constitute a small
purchase; and
(4) Using agencies are responsible for checking the availability of funds
prior to making any small purchase.
(k) Authority of Administrator to make small purchases. The Administrator
shall have authority to make purchases and enter into professional services
agreements without Commission approval for products or services not
exceeding $25,000.
(1) Authority of General Counsel to settle small cases. The General Counsel
shall have authority to settle pending and potential litigation not exceeding
$25,000 without Commission approval.
Sec. 1-10-55. Banking services.
(a) Vendor and payroll accounts. Requests for Proposals shall be solicited as
provided in section 1-10-52 of this chapter for each of these accounts.
(b) Accounts other than vendor and payroll accounts.
(1) Requests for Proposals shall be solicited as provided in section 1-10-
52 of this chapter for each such account.
(2) As provided in section 1-10-6, local banks shall be contacted first. For
purposes of this section, local banks shall be defined as those banking
institutions with a full service banking location in Augusta, Georgia.
Sec. 1-10-56. 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
item of procurement required by Augusta, Georgia or one of its departments
is obtainable only from one source, the item may be procured by the
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Procurement Department through negotiation from the source from which it
is available without the necessity of bids or proposals.
(b) Before any item may be obtained under the provisions 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 sole source. This specification of reasons shall
be in writing and shall be attached to the requisition at the time it is
transmitted to the procurement officer and shall demonstrate due diligence in
determining if other sources exist. The due diligence review shall include the
research of available sources, contact with professional and trade
associations related to the supply, service or construction item or
professional or consultant service. There shall also be a written
determination which states the sources reviewed, the name of the contractor
and the terms of the agreement reached including terms and prices.
(c) If the Augusta, Georgia Administrator, upon considering the requisition and
the substantiation therefore, determines that the item should be purchased by
sole source procurement and the cost thereof does not exceed twenty
thousand dollars ($20,000), the Administrator may approve such
procurement. If the item exceeds twenty thousand dollars ($20,000) in cost,
and the Administrator determines that sole source procurement is
appropriate, the requisition shall be referred to the Commission for action.
(d) The Procurement Director shall conduct the negotiations as to the terms of
the sole source.
(e) The Procurement Director shall draft a letter of justification for the sole
source procurement and place in the contract file.
Sec. 1-10-57. Emergency procurement selection method.
Notwithstanding any other provisions of this chapter, the Procurement Director,
Augusta, Georgia Administrator or constitutional officer may make or 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
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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, Georgia Commission at their next regular meeting in the
case of public works contracts as defined by Georgia Law or other Augusta,
Georgia purchases when the value of the purchase exceeds twenty thousand dollars
($20,000).
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 Procurement
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 Procurement Director within twenty-four (24)
hours, if possible, after occurrence.
In the event the Board of Commissioners of Augusta, Georgia determines at an
open meeting of which minutes are recorded, that an emergency exists, and there is
an immediate need for goods, materials or supplies to relieve said emergency, the
Board of Commissioners shall be allowed to approve purchases without bids in the
event the Board has determined an emergency exists, but all such declarations of
emergency shall be in strict accordance with applicable State law defming
"emergency." (1975 Ga. Laws p. 4334 as amended).
Sec. 1-10-58. Annual contracts.
Upon approval of an annual contract by the Augusta, Georgia Board of
Commissioners for supplies and services to a particular vendor or vendors, any
using agency may order supplies or services under such annual contract pursuant to
an individual proj ect or purchase order.
Sec. 1-10-59. Specific requirements/options for source selection method.
Encumbrance of funds. The Procurement Director shall not execute any contracts
or purchase orders, except in the case of certain emergency purchases, until the
Finance Department staff certifies, after pre-audit, that there is to the credit of the
using agency concerned a sufficient unencumbered appropriation balance, in
excess of all unpaid obligations, to defray the amount of the purchase.
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Sec. 1-10-60. Rejection or cancellation of solicitations; negotiating; re-
advertisement.
(a) Conditions for use. An invitation for bids/quotes, a request for proposals, or
other solicitation may be canceled, or any or all bids may be rejected in
whole or in part as may be specified in the solicitation, when it is for good
cause and in the best interest of Augusta, Georgia. The reasons thereof shall
be made part of the contract file. Each solicitation issued by Augusta,
Georgia shall state that the solicitation may be canceled and that any bid or
proposal may be rejected in whole or in part for good cause when in the best
interest of Augusta, Georgia. Notice of cancellation shall be sent to all
businesses solicited. The notice shall identify the solicitation, explain the
reason for cancellation and, where appropriate, explain that an opportunity
will be given to compete on any re-solicitation or any future procurement of
similar items.
(b) Authority to reject/cancel. The Augusta, Georgia Commission has the
authority to reject/cancel any and all bids, quotes and proposals. The
Administrator shall also have the authority to reject/cancel any and all bids,
quotes and proposals but may only do so with the authorization of the
director of the effected user department.
(c) Negotiating. If the low responsive and responsible bid for the project
exceeds available funds as certified by the Finance Department staff, and
such bid does not exceed such funds by more than twenty percent (20%), the
Augusta, Georgia Administrator and the Procurement Director are
authorized, when time permits, or economic consideratians preclude further
re-solicitation of work of a reduced scope, to negotiate an adjustment of the
bid price with the low responsive bidder, in order to bring the bid within the
amount of available funds. Any such negotiated adjustment shall be based
only upon eliminating independent deductive items specified in the
invitation for bids.
(d) Re-advertisement. In the event that the negotiating process set forth in
subparagraph (c), above, is unsuccessful, the Procurement Director may, in
the alternative, re-advertise for the purpose of receiving a new set of bids.
Therefore, if the lowest and best bid exceeds the budgeted amount and the
Augusta, Georgia Commission does not appropriate additional funds, the
Procurement Director may readvertise for bids after making sufficient
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changes in the specifications to bring the project within budget.
Sec. 1-10-61. Multi-term contract.
(a) Maximum period. A contract for services or supplies may be entered into for
a period up to five (5) years, provided that the term of the contract and the
conditions for renewal or extension, if any, is included in the solicitation and
funds are available for the balance of the then current fiscal year. Payment
and performance obligations for succeeding fiscal periods shall be subject to
the availability and appropriation of funds. All multi-year contracts shall
contain a clause which terminates the contract at the beginning of a fiscal
year when funds are not appropriated by the Commission for continuation of
the contract for that fiscal year.
(b) Determination p�io� to use. Prior to the utilization of a multi-term contract,
it shall be determined in writing:
(1) that estimated requirements cover the period of the contract and are
reasonably firm and continuing; and
(2) that such a contract will serve the best interest of Augusta, Georgia by
encouraging effective competition or otherwise promoting economies
in procurement.
(c) Cancellation due to unavailability of funds in succeeding fiscal periods. All
multi-term contracts shall include provisions providing that when funds are
not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, the contract shall be canceled
with appropriate notice.
(d) Renewal of contract. At least ninety (90) days prior to the expiration of any
term of a multi-term contract, the using agency shall submit to the Augusta,
Georgia Administrator, a report of the performance of the contract and the
agency's recommendation as to the renewal of the contract. The
Administrator, after consultation with the using agency and review of the
report, and upon appropriate approval, shall renew the contract if renewal is
in the best interest of Augusta, Georgia. All other requirements of this
Section must be met in order to consummate a renewal.
(e) Expiration and extension. Contracts being considered for renewal or re-bid
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may be extended by the Administrator for a period of time not exceeding
ninety (90) days. Any extensions are subject to the availability of funds and
mutual agreement of the vendor/contractor and Augusta, Georgia.
Sec. 1-10-62. Right to inspect facilities.
Official representatives of Augusta, Georgia shall have the right to inspect
facilities of a vendor at any reasonable time which is related to the performance of
any contract award, bid on or to be awarded by Augusta, Georgia.
Sec. 1-10-63. Right to audit records and contracts and collection of statistical
data.
(a) Official representatives of Augusta, Georgia may, at reasonable times and
upon reasonable written notice to vendor, inspect the official records of the
person or firm pertaining to a contract, change order, or purchase order with
Augusta, Georgia when such inspection is required by law, or is authorized
by the Administrator in writing as being in the public interest.
(b) Contract audit. Augusta, Georgia shall be entitled to audit the books and
records of a contractor or subcontractor under any negotiated contract or
subcontract, other than a firm fixed-price contract to the extent that such
books, documents, papers and records relate to the performance of such
contract or subcontract. Such books and records shall be maintained by the
contractor for a period of three (3) years from the date of final payment
under the prime contract and by the subcontractor for a period of three (3)
years from the date of final payment under the subcontract, unless a shorter
period is authorized in writing.
(c) Collection of statistical data. Augusta, Georgia shall be entitled to collect
statistical information relating to such factors to determine whether
disparities exist as permitted by law. All contractors and subcontractors
under any negotiated contract or subcontract shall collect such information
for every Augusta, Georgia contract and shall make such information
available upon request.
Sec. 1-10-64. Rebidding or cancellation of existing contract.
In the event a vendor is unwilling or unable to perform a contract or the vendor
gives written notice of cancellation of an existing contract, the Procurement
Director may immediately pursue a replacement of said contract either by formal
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or informal bid procedure as is appropriate, with the approval of the Augusta,
Georgia Administrator. The Procurement Director may accept a next lowest
bidder. The options selected shall be the most advantageous to Augusta, Georgia.
Sec. 1-10-65. Multiple awards; limitations on multiple awards.
(a) Multiple awards. Unless otherwise provided in this section, or unless
otherwise provided by law, two or more offerors may be awarded separate
contracts, at the discretion of the Administrator, on the basis of one
solicitation for the same or similar work, supplies or services if Augusta,
Georgia reserves the right to do so in the solicitation. Multiple contracts may
be awarded, in the discretion of the Administrator for the procurement of
annual contracts for supplies, annual contracts for construction and annual
contracts for services. The solicitation shall also include a statement that
Augusta, Georgia may, in its discretion, elect to award only one contract if
the Procurement Director, after consultation with the head of the using
agency, determines in writing that one contract is sufficient for the needs
anticipated by Augusta, Georgia at the level of quality desired. Awards shall
be made in accordance with the provisions of this article. Notwithstanding
anything contained in this section, however, if multiple awards are not
anticipated in a solicitation prior to the deadline established for receipt of
bids, proposals or quotations, multiple awards shall not be made under that
solicitation.
(b) Prohibition against multiple awards for the procurement of construction or
services that are not annual contracts. Except as provided in subsection (a) of
this section, or unless otherwise provided by law, multiple contracts shall not
be awarded under one solicitation for the procurement of construction or
services which are not annual contracts.
(c) Inapplicability. This section shall not apply to the grant agreements, inter-
governmental agreements or emergency procurements.
ARTICLE 7
Sec. 1-10-66 through Sec. 1-10-75. Reserved.
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ARTICLE 8
SUSPENSION OR DEBARMENT OF BIDDER OR PROPOSER
Sec.l-10-76. Authority to suspend or debar from qualified
bidder/proposer list for consideration of contract award.
Authority to deba� o� suspend. The Procurement Director, after consulting with
the General Counsel, is authorized to debar a person for cause from participation in
any Augusta, Georgia procurements at any tier and consideration for award of
contracts. The debarment shall be for a period of not more than five (5) years. The
period of time during which the debarment will be imposed is to be determined by
the Procurement Director based upon the severity of the causes for debarment.
After consultation with the using agency and General Counsel, the Procurement
Director is authorized to suspend a person from participation in any Augusta,
Georgia procurement at any tier and consideration for award of contracts if there is
probable cause for debarment. The suspension shall not be for a period exceeding
the greater o£ (1) three months; (2) the period during which administrative review
of the suspension is pending; or (3) the period during which judicial review of an
administrative decision that was adverse to the suspended firm is pending.
Sec. 1-10-77. Causes for debarment or suspension.
The causes for debarment or suspension include:
(a) Conviction for commission of a criminal offense as an incident to obtaining
or attempting to obtain a public or private contract or subcontract or in the
performance of such contract or subcontract.
(b) Conviction under state and federal statutes of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property or
any other offense indicating a lack of business integrity or business honesty
which currently, seriously and directly affects responsibility as an Augusta,
Georgia contractor.
(c) Conviction under state or federal antitrust statutes arising out of the
solicitation and submission of bids or proposals.
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(d) Violation of contract provisions, as set forth below, of a character which is
regarded by the Procurement Director to be so serious as to justify
debarment action:
(1) Deliberate failure to perform in accordance with the provisions or
within the time limit provided in any Augusta, Georgia contract.
(2) A recent record of failure to perform or of unsatisfactory performance
in accordance with the terms of one or more contracts, provided that
failure to perform or unsatisfactory performance caused by acts
beyond the control of the contractor shall not be considered to be a
basis for debarment. In the event that the contractor asserts in a
suspension or debarment proceeding that such recent failure to
perform or unsatisfactory performance in accordance with the terms
of one or more contracts was caused by acts beyond the control of the
contractor, the contractor must introduce documentation from the
applicable contract/project in which it provided notice of such acts
beyond its control and/or invoked its rights to equitable adjustment or
other similar remedies under the applicable contract as a result of
force majeure or other similar events; provided, however, that
Augusta, Georgia's determination on such issue will be independent
from the contract/project at issue. It is insufficient in a debarment
proceeding for the contractor to raise this issue for the first time
concerning a prior contract under which it failed to perform or
performed unsatisfactorily.
(e) For violation of any ethical standards set forth in Article 3, Ethics in Public
Contracting.
(� Submission to Augusta, Georgia of a claim for additional compensation that
is without merit, including, but not limited to claims seeking to recoup:
(1) Costs incurred by the contractor but not included in its bid or proposal
due to its own error;
(2) Costs that it has already been paid or will be paid under the contract;
(3) Costs asserted simply for the purpose of forcing Augusta, Georgia to
consider a settlement at a reduced amount;
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(4) Costs that the contractor has not certified pursuant to the contract
documents; and
(5) Costs that the contractor would not be entitled to recover under the
contract documents, including, but not limited to attorneys fees and
interest on unpaid sums.
(g) Material misrepresentation of the composition of the ownership or work
force of a business entity registered with Augusta, Georgia as a local small
business.
(h) Any other cause the Procurement Director, in consultation with the using
agency and General Counsel, determines to be so serious and compelling as
to affect responsibility, including, but not limited to, debarment by another
governmental entity.
Sec. 1-10-78 . Notice.
The Procurement Director shall issue a written notice of the decision to debar or
suspend. The notice shall state the reasons for the action taken and the effective
date of the debarment or suspension and shall inform the debarred or suspended
person involved of the right to administrative review as provided in this division.
Sec. 1-10-79. Finality of decision.
A decision under this section is final and conclusive, unless fraudulent or any
person adversely affected by the decision appeals administratively to the
Administrative Services Committee in accordance with the appeals and remedies
of Article 9 of this Chapter.
Sec. 1-10-80. Board of Commissioner's initiated debarment.
The Board of Commissioners, by enactment of an appropriate resolution, may
request that the Procurement Director initiate an investigation into whether a
particular person should be debarred and/or suspended and, after consulting with
the General Counsel, the Procurement Director is authorized to debar or suspend
such person for cause from participation in any Augusta, Georgia procurements at
any tier and consideration for award of contracts.
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ARTICLE 9
APPEALS, PROTESTS AND REMEDIES
Sec. 1-10-81. Procurement protests.
Authority to Resolve Protested Solicitations and Awards.
(a) Right to Protest. Any actual or prospective bidder, offeror, or contractor who
is aggrieved in connection with the solicitation or award of a contract may
protest to the Procurement Director.
(b) Authority to Resolve Protests. The Procurement Director and the
Administrator shall have the authority, prior to a final decision by the
Commission, to settle and resolve the protest of an aggrieved bidder, offeror,
or contractor, actual or prospective, concerning the solicitation or award of a
contract.
(c) Decision of Procurement Director. If the protest is not resolved by mutual
agreement, the Procurement Director shall issue a decision in writing
regarding the protest as specified in Section 1-10-83. The decision shall:
(1) state the reasons for the action taken; and
(2) inform the protester of its right to administrative review as provided in
this Article.
(d) Notice of Decision. A copy of the decision shall be mailed or otherwise
furnished to the protestor and any other interested party.
(e) Finality of Decision. A decision under Subsection (d) of this Section shall
be final and conclusive, unless any person adversely affected by the decision
files a timely appeal in accordance with Article 9 of this code.
(� Stay of Procurements During PNOtests or Appeals. In the event of a timely
protest under section 1-10-82 of this Article, the Procurement Director shall
not proceed further with the solicitation or with the award of the contract
unless the Administrator, after consultation with the head of the using
agency and General Counsel, makes determination that the award of the
contract without delay is necessary to protect substantial interests of
Augusta, Georgia. Such a determination may be made orally in a
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Committee Meeting, a Commission Meeting or may be provided to the
protestor in writing.
1-10-82. Filing of protest.
(a) Protests shall be made in writing to the Procurement Director and shall be
filed in within five (5) business days after the protestor knows or should
have known of the facts giving rise thereto. A protest is considered filed
when received by the Procurement Department. Protests filed after the
five (5) day period shall not be considered and are deemed a failure on
the part of the protestor to exhaust administrative remedies.
(b) Subject of Protest. Protestors may file a protest on any phase of solicitation
or award including but not limited to specifications preparation, bid
solicitation, award, or disclosure of information marked confidential in the
bid or offer.
(c) To expedite handling of protests, the written protest shall include as a
minimum the following:
(1) the name and address of the protestor;
(2) appropriate identification of the procurement, and, if a contract has
been awarded, its number;
(3) a statement of reasons for the protest; and
(4) supporting exhibits, evidence, or documents to substantiate any claims
unless not available within the filing time in which case the expected
availability date shall be indicated.
(d) Requested Information; Time fo� Filing. Any additional information
requested by any of the parties should be submitted within the time periods
established Procurement Director in order to expedite consideration of the
protest. Failure of any party to comply expeditiously with a request for
information by the Procurement Director may result in resolution of the
protest without consideration of any information which is untimely filed
pursuant to such request.
(e) Making Information on Protests Available. The Procurement Director shall
upon written request make available to any interested party information
submitted that bears on the substance of the protest except where
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information is proprietary, confidential, or otherwise prohibited from
disclosure or required to be withheld by law or regulation. Persons who wish
to keep such infonnation submitted by them confidential should so request
by specifically identifying such information within documents submitted,
and indicating on the front page of each document that it contains such
information.
Sec. 1-10-83. Decision by the Procurement Director
Time for Decisions. A written decision on a protest shall be made by the
Procurement Director within ten (10) business days after receiving all relevant,
requested information. If a protest is sustained, the Procurement Director may
determine that the solicitation or award violates the law; or may make a
determination that the solicitation should be cancelled in order to comply with the
applicable law.
Sec. 1-10-84. Appeals.
Appeal of a decision of the Procurement Director may be requested by the
protestor or any department involved in the protest. The appeal shall contain a
detailed statement of the factual and legal grounds upon which reversal or
modification is deemed warranted.
Sec. 1-10-85. Time for filing appeal.
Appeals of a decision of the Procurement Director shall be filed in the Procurement
Department not later than five (5) business days after receipt of such decision.
Sec. 1-10-86. Request for hearing and effect of untimely appeal.
A contractor or prospective contractor that has been notified of a denial of its
protest action may request in writing an appeal to the Augusta, Georgia
Commission. All appeals must be received by the Procurement Department within
five (5) business days. Appeals filed after the five (5) day period shall not be
considered and are deemed a failure on the part of the protestor to exhaust
administrative remedies. Where no appeal (or an untimely appeal) is filed, the
Procurement Director's decision is considered final and the award shall proceed.
Sec. 1-10-87. Notice of hearing.
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If a timely appeal is filed by the protestor, the Procurement Director shall place the
protest on the agenda of the Administrative Services Committee. The Clerk of
Commission's Office shall provide public notice of the Administrative Services
Committee agenda as required by law. In addition, the protestor shall be sent
written notice of the time and place of the hearing. Copies of such notice shall be
sent to the Augusta, Georgia General Counsel and the Department Director of the
appropriate user department.
Sec. 1-10-88. Administrative Services Committee hearing procedure and effect
of failure to appear at hearing.
(a) Protests appearing on the Administrative Services Committee shall be
treated as any other Committee agenda item, except that the Protestor, or his
or her representative, shall have the right to address the Committee and to
present evidence in support of the protest for a minimum of ten (10)
minutes. The Procurement Director and user department shall also have the
opportunity to present evidence relating to the protest for a minimum of ten
(10) minutes. The Chairman of the Administrative Services Committee may
grant additional time equally to each party at his or her discretion.
(b) After considering the evidence presented, the Administrative Services
Committee shall vote to grant or deny the protest or to send the item to the
full Augusta, Georgia Commission without recommendation. Regardless of
the decision made by the Committee, the protest shall be forwarded to the
full Commission agenda. However, the Commission may, at its discretion,
dispose of the agenda item via the Consent Agenda and the Protestor does
not have the right to force the item to be moved from the Consent Agenda to
the Regular Agenda.
(c) Effect of Failure to Appear at Hearing. Failure on the part of the Protestor
to appear before either the Administrative Services Committee or the full
Augusta, Georgia Commission is considered an abandonment of their
right to appeal and a failure on the part of the protestor to exhaust
administrative remedies. The Procurement Director's decision is
considered final and the award shall proceed accordingly. However, the
Chairman of the Administrative Services Committee or the Mayor may, at
his or her discretion, grant the Protestor one continuance to the next
regularly scheduled Committee or Commission Meeting. Such continuance
may only be granted during the Committee or Commission meeting and
shall be recorded on the minutes of such meeting.
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Sec. 1-10-89. Authority of Administrator to participate in procurement
matters.
The Augusta, Georgia Administrator has the authority to:
(a) communicate with the protestor and other interested parties to try to settle
any dispute, or narrow the issues for matters to be presented to the
Committee or Commission;
(b) consult with the Procurement Director, the User Department and the General
Counsel regarding the need for a stay pursuant to Section 1-10-81(�;
(c) participate in all aspects of the procurement process as necessary to support
the best interests of Augusta, Georgia.
Sec. 1-10- 90. Hearing procedures.
(a) Hearings shall be as informal as may be reasonable and appropriate under
the circumstances and in accordance with the applicable rules of the
Administrative Services Committee and Commission. The Procurement
Director shall provide the Administrative Services Committee and
Commission with copies of the protest and the response of the Procurement
Department.
(b) Witnesses providing testimony at before the Administrative Services
Committee or Commission shall testify under oath or affirmation.
Sec. 1-10-91. Determination of Commission; final decision.
The Commission's decision regarding a Protest is the final step in the Appeals
process for Augusta, Georgia. The parties shall have thirty (30) days to file a
judicial appeal of any such decision. Such appeal shall be by writ of certiorari to
the Superior Court of Richmond County.
Sec. 1-10-92. Contract claims.
Decision of Augusta, Georgia Administrator. All claims by a contractor or vendor
against Augusta, Georgia relating to a contract shall be submitted in writing to the
Augusta, Georgia Administrator. The contractor or vendor may request a
conference on the claims. Claims include, without limitation, disputes arising
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under a contract, and those based upon breach of contract, mistake,
misrepresentation, or other cause for contract modification or rescission.
Sec. 1-10-93. Augusta, Georgia's right to amend bid solicitations or awards
that are in violation of law.
Applicability. This section applies where it is determined by administrative review
that a solicitation or award of a contract is in violation of applicable law. For
purposes of this section administrative review shall refer to a review by the
Procurement Director and/or Augusta, Georgia Administrator in consultation with
the General Counsel.
(a) Prior to bid opening or closing date for receipt of proposals. If prior to the
bid opening or the closing date for receipt of proposals, the Procurement
Director, after consultation with the Augusta, Georgia Administrator, and
the Augusta, Georgia General Counsel, determines that a solicitation is in
violation of federal, state, or local law or ordinance, then the solicitation
shall be canceled or revised to comply with applicable laws.
(b) Prior to award. If after bid opening or the closing date for receipt of
proposals, the Procurement Director, after consultation with the
Administrator or his designee, and the General Counsel determine that a
solicitation or proposed award is in violation of federal, state or municipal
law, then the solicitation or proposed award shall be canceled.
(c) Afte� award. If, after an award, the Procurement Director, after consultation
with the Administrator and the General Counsel, determines that a
solicitation or award of a contract was in violation of applicable law, the
following options shall be available to Augusta, Georgia:
(1) The contract may be ratified and affirmed, provided it is determined
that doing so is in the best interest of Augusta, Georgia and the person
or company awarded the contract has not acted fraudulently or in bad
faith; or
(2) If services or work have not commenced under the contract, it may be
terminated and declared null and void; or
(3) If services or work have commenced under the contract, it may be
terminated and the person awarded the contract shall be compensated
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for the actual expenses reasonably incurred for partially performing
and in terminating its performance under the contract.
ARTICLE 10
TYPES OF CONTRACTS
Sec. 1-10-94. Authority to approve, sign and execute contracts by type.
(a) Generally. The following section establishes five (5) types of purchases: (1)
major purchases, (2) standard purchases, (3) small purchase, (4) using
agency purchase, and (5) emergency purchases.
Each type of purchase has its parameters involving: (1) value of purchase,
(2) level of approval required within the organization for the purchase, (3)
level of budget authorization given for the purchase, (4) level of authority
required for the source selection process, and (5) person within the
organization charged with the responsibility to sign the purchase contract
document.
(b) Major purchase contracts. Capital equipment, construction and all services
purchase contracts with a value of one-hundred thousand dollars ($100,000)
or more must have:
(1) Specific project concept approval by the Commission;
(2) Specific budget approval (listed in budget) or special funding
authorization by the Commission;
(3) Commission approval of the source selection method and award of
contract; and
(4) Contract to be signed by the Mayor.
(c) Standa�d pu�chase cont�acts. Goods and services purchase contracts with a
value less than one-hundred thousand dollars ($100,000) but more than ten
thousand ($10,000) must have:
(1) General project concept approval by the Commission and/or Augusta,
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Georgia Administrator; and
(2) General budget approval by the Commission and specific budget
approval of the Administrator, or special funding authorization by the
Commission or the Administrator (if the transfer of funds is necessary
and general project concept not approved previously by the
Commission); and
(3) Administrator approval of source selection method and award of
contract; and
(4) Contract to be signed by the Mayor.
(d) Small purchase contracts. Small purchases equal to, or less than, ten
thousand dollars ($10,000) but more than one-thousand dollars ($1,000)
must have:
(1) General proj ect concept approval by the Commission and/or the
Administrator; and
(2) General budget approval by the Commission (e.g. could be specified
within a larger account) and specific budget approval of using agency
head as designee of the Administrator, or special funding
authorization by the Administrator (when transfer of funds is
necessary and general project concept not previously approved by the
Commission or Administrator); and
(3) Using agency head approval of source selection method and
Administrator award of contract; and
(4) Small purchase orders to be signed by the Procurement Director or
designee.
(e) Using agency purchase contracts. Using agency purchases (as defined
elsewhere) of one-thousand dollars ($1,000) or less must have:
(1) General budget approval by the Commission (e.g. could be specified
within a larger account) and/or or special funding authorization by the
Administrator; and
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(2) Using agency head approval of the source selection method and award
of contract; and
(3) Purchase order approved by the Procurement Director.
(� Emergency purchase contracts. Emergency purchases (as defined
elsewhere) regardless of the amount of the purchase must have:
(1) Specific project concept approval by the Commission or the
Administrator; and
(2) General budget approval by the Commission (e.g. could be
unspecified within a larger account) and specific budget approval of
the using agency head as the Administrator's designee; and
(3) Using agency head approval of the source selection method and award
of contract if during non-standard working hours, or by the
Administrator during normal working hours; and
(4) Contract/small purchase order to be signed by the Administrator,
using agency head, or Mayor based on the value of the purchase.
Sec. 1-10-95. Public works contracts.
Augusta, Georgia is authorized to utilize any construction delivery method,
provided that such method places the bidder or offeror at risk for construction; and
requires labor or building materials in the execution of the contract shall be
awarded on the basis of competitive sealed bidding or competitive sealed
proposals.
(a) Waiver of Technicalities. Augusta, Georgia shall have the authority to reject
all bids or proposals or any bid or proposal that is non-responsive or not
responsible and to waive technicalities and informalities.
(b) Modifications or Addenda to Public Works Plans and Specifications.
Augusta, Georgia shall not issue or cause to be issued any addenda
modifying plans and specifications within a period of 72 hours prior to the
advertised time for the opening bids or proposals, excluding Saturdays,
Sundays, and legal holidays. However, if the necessity arises to issue an
addendum modifying plans and specifications within the 72 hour period
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prior to the advertised time for the opening of bids or proposals, excluding
Saturdays, Sundays, and legal holidays, then the opening of bids or
proposals shall be extended at least 72 hours, excluding Saturdays, Sundays,
and legal holidays, from the date of the original bid or proposal opening
without need to readvertise as required by O.C.G.A. § 36-91-20(b)(1).
(c) Change Orders. Augusta, Georgia bid and contract documents may contain
provisions authorizing the issuance of change orders, without the necessity
of additional requests for bids or proposals, within the scope of the project
when appropriate or necessary in the performance of the contract. Change
orders may not be used to evade the purposes open, fair and competitive
public bidding on public works contracts.
(d) Notice to Proceed. The Procurement Director shall, after consultation with
the using agency, issue a Notice to Proceed to the contractor, stating the
name of the project, the date upon which the project is to begin, the contact
name and telephone number for the using agency and the contract term.
(e) Registration and Participation of Contractors pursuant to the Georgia
Security and Immigration Compliance Act and the Immigration Reform and
Control Act of 1986. All contractors and subcontractors entering into
contracts with Augusta, Georgia for the physical performance of services
shall be required to execute an Affidavit verifying its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or
corporation which is contracting with Augusta, Georgia has registered with
and is participating in a federal work authorization program [any of the
electronic verification of work authorized programs operated by the United
States Department of Homeland Security or any equivalent federal work
authorization program operated by the United States Department of
Homeland Security to verify information of newly hired employees,
pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L.
99-603], in accordance with the applicability provisions and deadlines
established in O.C.G.A. § 13-10-91 and shall continue to use the federal
authorization program throughout the contract term.
ARTICLE 11
COOPERATIVE PROCUREMENT
Sec. 1-10-96. Cooperative procurement agreement.
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Cooperative procurement may be agreed to between Augusta, Georgia 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.
Sec. 1-10-97. Sale, acquisition, or use of supplies.
Augusta, Georgia may sell surplus supplies at the direction of the Administrator.
Augusta, Georgia 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).
Sec. 1-10-98. Cooperative use of supplies or services.
Augusta, Georgia 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.
Sec. 1-10-99. Joint use of facilities.
Augusta, Georgia 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.
Sec. 1-10-100. Use of state contracts.
Augusta, Georgia may procure supplies, services or construction items through
contracts established by the Procurement Division of the State of Georgia where
such contracts and contractors substantially meet the requirements of the
AUGUSTA, GA. CODE.
Sec. 1-10-101. Purchase of surplus and excess property.
Augusta, Georgia 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, Georgia.
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Sec. 1-10-102. Waiver.
Any use of cooperative procurement as described above is independent of the
requirements for source selection and contract award as described in Article 6 of
this chapter.
ARTICLE 12
CONTRACT ADMINISTRATION AND MANAGEMENT
Sec. 1-10-103. 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 Procurement 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.
Sec. 1-10-104. Augusta, Georgia contracts and contract clauses.
(a) Use of model (standard) contracts and clauses. The Procurement Director,
after consultation with the Augusta, Georgia Administrator, using agency
head, and Augusta, Georgia General Counsel, may establish standard
contract clauses for use in Augusta, Georgia contracts for various
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, Georgia contracts. Whether designed as a model or
standard contract provision or specifically tailored for a particular contract,
all Augusta, Georgia contracts should include provisions for:
(1) The unilateral right of Augusta, Georgia to order in writing a
temporary stopping of the work, or delaying performance that does
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not alter the scope, of the contract;
(2) Variations, occurring between estimated quantities of work in contract
and actual quantities;
(3) Defective pricing;
(4) Liquidated damages;
(5) Specified excuses for delay or non-performance;
(6) Termination of the contract for default;
(7) Termination of the contract in whole or in part for the convenience of
Augusta, Georgia;
(8) Payment procedures;
� (9) Hold harmless provisions;
(10) Prohibition against contingent fees;
(11) Suspension of work on a construction project ordered by Augusta,
Georgia;
(12) 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:
(i) When the contract is negotiated,
(ii) When the contractor provides the site or design, or
(iii) When the parties have otherwise agreed with respect to the risk
of differing site conditions, and
(13) Insurance requirements.
(14) Contractor's consent to venue in the Superior Court of Richmond
County, Georgia;
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(15) Provision that the terms of the contract supersedes any and all
provisions of the Georgia Prompt Pay Act.
(16) An acknowledgement by all parties contracting with Augusta, Georgia
as follows:
Contractor acknowledges that this contract and any changes to it by
amendment, modification, change order or other similar document
may have required or may require the legislative authorization of the
Board of Commissioners and approval of the Mayor. Under Georgia
law, Contractor is deemed to possess knowledge concerning Augusta,
Georgia's ability to assume contractual obligations and the
consequences of Contractor's provision of goods or services to
Augusta, Georgia under an unauthorized contract, amendment,
modification, change order or other similar document, including the
possibility that the Contractor may be precluded from recovering
payment for such unauthorized goods or services. Accordingly,
Contractor agrees that if it provides goods or services to Augusta,
Georgia under a contract that has not received proper legislative
authorization or if the Contractor provides goods or services to
Augusta, Georgia in excess of the any contractually authorized goods
or services, as required by Augusta, Georgia's Charter and Code,
Augusta, Georgia may withhold payment for any unauthorized goods
or services provided by Contractor. Contractor assumes all risk of
non-payment for the provision of any unauthorized goods or services
to Augusta, Georgia, and it waives all claims to payment or to other
remedies for the provision of any unauthorized goods or services to
Augusta, Georgia, however characterized, including, without
limitation, all remedies at law or equity." This acknowledgement shall
be a mandatory provision in all Augusta, Georgia contracts for goods
and services, except revenue producing contracts.
(17) Use of Augusta, Georgia Landfill. All contracts for contractors
performing demolition and/or construction projects for Augusta,
Georgia shall contain a provision requiring that all debris, trash and
rubble from the project be transported to and disposed of at the
Augusta, Georgia Solid Waste Landfill in accordance with local and
state regulations. The contractor shall provide evidence of proper
disposal through manifests, which shall include the types of material
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disposed of, the name and location of the disposal facility, date of
disposal and all related fees.
(18) All contractors and subcontractors entering into contracts with
Augusta, Georgia for the physical performance of services shall be
required to execute an Affidavit verifying its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or
corporation which is contracting with Augusta, Georgia has registered
with and is participating in a federal work authorization program. All
contractors and subcontractors must provide their E-Verify number
and must be in compliance with the electronic verification of work
authorized programs operated by the United States Department of
Homeland Security or any equivalent federal work authorization
program operated by the United States Department of Homeland
Security to verify information of newly hired employees, pursuant to
the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-
603, in accordance with the applicability provisions and deadlines
established in O.C.G.A. § 13-10-91 and shall continue to use the
federal authorization program throughout the contract term. All
contractors shall further agree that, should it employ or contract with
any subcontractor(s) in connection with the physical performance of
services pursuant to its contract with Augusta, Georgia the contractor
will secure from such subcontractor(s) each subcontractor's E-Verify
number as evidence of verification of compliance with O.C.G.A. § 13-
10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08
or a substantially similar form. All contractors shall further agree to
maintain records of such compliance and provide a copy of each such
verification to Augusta, Georgia at the time the subcontractor(s) is
retained to perform such physical services.
(19) All contracts shall provide that Augusta, Georgia may, at reasonable
times, 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,
Georgia.
Sec. 1-10-105. Contract modification and price adjustments.
(a) Modifications. Every modification to a contract with Augusta, Georgia
(except those entered into pursuant to § 1-10-54) shall be subject to approval
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by the Commission prior to execution. 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,
Georgia Administrator has been contractually or otherwise specifically
designated by the Commission for such purpose.
(b) In instances where the Procurement Director, the using agency head or
Administrator, determine that the contract modification or change order
cannot be delayed without substantial delay and cost to Augusta, Georgia
and funds are available and the appropriate budget transfer is made, the
Administrator may authorize the appropriate action.
(c) Price adjustments. Adjustments in price in contracts shall be computed in
one or more of the following ways:
(1) By agreement on a fixed price adjustment before commencement of
the pertinent performance or as soon thereafter as practicable;
(2) By unit prices specified in the contract or subsequently agreed upon;
(3) By the costs attributable to the events or situations under such clauses
with adjustment of profit or fee, all as specified in the contract or
subsequently agreed upon; and
(4) In such other manner as the contracting parties may mutually agree
upon.
Sec. 1-10-106. 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, Georgia pending completion
of the contract or subcontract, the retained amount of each progress payment
or installment shall be no more than ten (10) percent). The retainage may be
reduced to five (5) percent after fifty (50) percent of the work is complete if
Augusta, Georgia desires.
(b) When used. Retainage may be applied to any construction contract,
regardless of the dollar amount and its use shall be set forth in the invitation
for bids or proposals.
(c) Release of retainage. Funds held by Augusta, Georgia as retainage under the
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contract shall be released upon completion and acceptance of work except as
described in the contract.
(d) No interest on retainage. No interest shall be due to any contractor on any
sum held as retainage pursuant to any construction contract.
Sec. 1-10-107. 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, Georgia 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.
Sec. 1-10-108. Contractual provisions for auditing records.
(a) Audit of costs or �ricing data. All contracts shall provide that Augusta,
Georgia may at reasonable times and places, audit the books and records of
any contractor who has submitted 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 (3) years from the date of final payment under the
contract.
(b) Contract audit. All contracts shall provide that Augusta, Georgia 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 perfonnance 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 fmal payment under the prime contract and by the
subcontractor for a period of three years from the date of final payment
under the subcontract.
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ARTICLE 13
DISADVANTAGED BUSINESS ENTERPRISES PROGRAM
FOR DEPARTMENT OF TRANSPORTATION, FEDERAL
TRANSPORTATION ADMINISTRATION, FEDERAL
AVIATION ADMINISTRATION AND OTHER FEDERALLY
ASSISTED CONTRACTS
Sec. 1-10-109. Purpose.
The purpose of this Disadvantaged Business Enterprises program is to comply with
U.S. Department of Transportation (DOT), Federal Transit Administration (FTA),
Federal Aviation Administration (FAA) and other federal and state mandated DBE
requirements for certain DOT, FTA, FAA, and other federal and state assisted
contracts as required by 49 C.F.R. Part 26, et. seq. and/or 49 C.F.R. Part 23, et.
seq.
Sec.1-10-110. Definitions.
(a) Generally. Those definitions set forth in Chapter 10 of the Code of
Ordinances shall also apply to this Article, except as provided in this section.
(b) Specifically.
(1) Airport Concessionaire Disadvantaged Business Enterprises
(ACDBEs) means a concession that is a for-profit small business
concern that is at least fifty-one percent (51 %) owned by one or more
individuals who are both socially and economically disadvantaged or,
in the case of a corporation, in which fifty-one percent (51 %) of the
stock is owned by one or more such individual; and whose
management and daily business operations are controlled by one or
more of the socially and economically disadvantaged individuals who
own it.
(2) Department of Transportation (DOT) means the U.S. Department of
Transportation, including the Office of the Secretary, the Federal
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Highway Administration (FHWA), the Federal Transit Administration
(FTA) and the Federal Aviation Administration (FAA).
(3) Disadvantaged Business Enterprise (DBE) means a for-profit small
business concern that is at least fifty-one percent (51 %) owned by one
or more individuals who are both socially and economically
disadvantaged, or in the case of a corporation, in which fifty-one
percent (51 %) of the stock is owned by one or more such individuals;
and whose management and daily business operations are controlled
by one or more of the socially and economically disadvantaged
individuals who own it.
(4) DOT assisted contract means any contract between a recipient and a
contractor (at any tier) funded in whole or in part with DOT financial
assistance, including letter of credit or loan guarantees, except a
contract solely for the purchase of land.
(5) Good faith efforts means efforts to achieve a DBE goal or other
requirement which, by their scope, intensity, and appropriateness to
the objective, can reasonably be expected to fulfill the program
requirement.
Sec. 1-10-111 Limitations.
This DBE program is only for DOT, FTA and FAA assisted contracts and other
federal or state funded contracts having mandatory DBE requirements.
Sec. 1-10-112. Policy statement.
Augusta, Georgia is committed to ensuring that all DBE requirements of federal
and state funded contracts will be implemented by Augusta, Georgia. The Director
of minority and small business opportunities shall serve as the DBE Liaison
Officer and is responsible for accomplishing the objectives of this program. The
objectives of this DBE program are:
(a) To ensure nondiscrimination in the award and administration of DOT, FTA,
FAA and other contracts covered by this program, including highway,
transit, and airport financial assistance programs;
(b) To create a level playing field on which DBEs can compete fairly for DOT,
FTA, FAA and other contracts covered by this program;
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(c) To ensure that the this DBE program is narrowly tailored in accordance with
applicable law;
(d) To ensure that only firms that fully meet this part's eligibility standards are
permitted to participate as DBEs;
(e) To help remove barriers to the participation of DBEs in DOT, FTA, FAA
and other contracts covered by this program;
(� To assist in the development of firms that can compete successfully in the
marketplace outside the DBE program; and
(g) To provide appropriate flexibility to recipients of Federal financial
assistance in establishing and providing opportunities for DBEs.
Sec. 1-10-113. DBE liaison officer.
The Chief Executive Officer concerning DBE Program matters for Augusta,
Georgia shall be the Mayor of Augusta, Georgia. Augusta shall have a DBE
Liaison Officer who shall have direct, independent access to the Mayor concerning
DBE Program matters. The DBE Liaison Officer shall have the following duties
and responsibilities:
(a) Gathering and reporting statistical data and other information as required by
DOT, FTA, FAA and other contracts covered by this program.
(a) Reviewing third party contracts and purchase requisitions for compliance
with this program.
(b) Working with all departments to set overall annual goals or as required by
federal law.
(c) Ensuring that bid notices and requests for proposals are available to DBEs in
a timely manner.
(d) Identifying contracts and procurements so that DBE goals are included in
solicitations covered by this DBE Program.
(e) Analyzing Augusta, Georgia's progress toward attainment and identifying
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ways to improve progress.
(� Participating in pre-bid meetings.
(g) Advising the Commission on DBE matters and achievement.
(h) Providing DBEs with information and assistance in preparing bids, obtaining
bonding and insurance.
(i) Planning and participating in DBE training seminars.
(j) Certifying DBEs according to the criteria set by DOT and FTA and acting as
liaison to the Uniform Certification Process in Georgia.
(k) Providing outreach to DBEs and community organizations to advise them of
opportunities.
(1) Maintaining the DBE bidder's list for DOT, FTA and other contracts
covered by this program as provided in § 1-10-117.
(m) Ensuring that all aspects of this DBE Program are complied with by
participants and using agencies.
Sec. 1-10-114. DBE financial institutions.
For projects containing federal or state mandated DBE requirements, Augusta,
Georgia must thoroughly investigate the full extent of services offered by financial
institutions owned and controlled by socially and economically disadvantaged
individuals in Augusta, Georgia and must make reasonable efforts to use these
institutions and encourage prime contractors to use these institutions.
Sec. 1-10-115. Prompt payment mechanisms.
(a) For projects containing federal or state mandated DBE requirements,
Augusta, Georgia will include a contract clause requiring prime contractors
to pay subcontractors for satisfactory performance for their contracts no later
than thirty (30) days from receipt of each payment made by Augusta,
Georgia to the prime contractor.
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- -- -
(b) Augusta, Georgia will ensure prompt and full payment of retainage from the
prime contractor to the subcontractor within thirty (30) days after the
subcontractor's work is satisfactorily completed by using one or more of the
following methods:
(1) Declining to hold retainage from prime contractors and prohibiting
prime contractors from holding retainage from subcontractors.
(2) Declining to hold retainage from prime contractors and requiring a
contract clause obligating prime contractors to make prompt and full
payment of any retainage kept by prime contractor to the
subcontractor within thirty (30) days after the subcontractor's work is
satisfactorily completed.
(3) Holding retainage from prime contractors and providing for prompt
and regular incremental acceptances of portions of the prime contract,
pay retainage to prime contractors based on these acceptances, and
require a contract clause obligating the prime contractor to pay all
retainage owed to the subcontractor for satisfactory completion of the
accepted work within thirty (30) days after Augusta, Georgia's
payment to the prime contractor.
(4) Requiring a contract clause that requires prime contractors to include
in their subcontracts language providing that prime contractors and
subcontractors will use appropriate alternative dispute resolution
mechanisms to resolve payment disputes.
(5) Requiring a contract clause providing that the prime contractor will
not be reimbursed for work performed by subcontractors unless and
until the prime contractor ensures that the subcontractors are promptly
paid for the work they have performed.
(c) Augusta, Georgia shall have the power and authority to enforce all of the
provisions of this subsection and may implement suspension and debarment
for non-compliance as provided in Article 8.
Sec. 1-10-116. Wage requirements for federally funded projects.
Wage requiNements. 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
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prominent and easily accessible place at the site of work in accordance with
Federal Government requirements.
Sec. 1-10-117. DBE bidder's list for federally assisted contracts.
(a) The DBE Liaison Officer will maintain a bidder's list, consisting of
information about all DBE and non-DBE firms that bid or quote on federally
assisted contracts. The purpose of this requirement is to allow use of the
bidder's list approach to calculating overall goals. The bidder's list will
include the name, address, DBE/non-DBE status, age, and annual gross
receipts of firms and the types of work each firm has been certified to
perform as a DBE. The DBE Liaison Officer shall revise the bidder's list at
least annually and make updated information available to contractors and the
public.
(b) The DBE Liaison Officer may collect this information in the following
ways:
(1) Including a contract clause in all DOT and FTA assisted contracts
requiring prime bidders to report the name, address, DBE/non-DBE
status and gross receipts of all firms who quote to them on
subcontracts.
(2) Submitting surveys of a statistically sound sample of firms in the
Augusta, Georgia regional area.
(3) Including a notice in solicitations and on the Augusta, Georgia
website requesting that firms quoting on subcontracts submit their
name, address, DBE/non-DBE status and gross receipts directly to the
DBE Liaison Officer.
Sec. 1-10-118. Overconcentration of DBE firms in certain types of work.
(a) The DBE Liaison Officer shall annually review the availability of DBE and
non-DBE firms in the different types of work which Augusta, Georgia
utilizes and make a preliminary determination as to whether DBE firms may
be so overconcentrated in a certain type of work as to unduly burden the
opportunity of non—DBE finns to participate in one or more types of work.
Any preliminary determination by the DBE Liaison Officer shall be
submitted to the concerned DOT or FTA operating administration for a final
determination of overconcentration.
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(b) Subject to approval required in subsection (c) below, when an
overconcentration of DBE firms in a certain type of work is determined to
exist, the DBE Liaison Officer may provide: technical assistance, business
development programs, mentor-protege programs, and other appropriate
measures designed to assist DBEs in performing work outside of the specific
field in which there is an overconcentration of DBE firms.
(c) Before implementing any of the measures provided in subsection (b) above,
the DBE Liaison Officer shall obtain the approval of the concerned DOT or
FTA operating administration.
Sec. 1-10-119. Compliance with DBE Program requirements.
(a) All prime contractors and subcontractors choosing to participate in a project
subj ect to this DBE Program must comply with all parts of this program as
well as all federal, state and local law applicable to such projects.
(b) The DBE Liaison Officer shall, for every project subject to this DBE
Program, keep and maintain a running tally of actual DBE attainments (e.g.,
payments actually made to DBE firms), including a means of comparing
these attainments to commitments. In reports of DBE participation to the
Department, the DBE Liaison Officer shall display both commitments and
attainments.
(c) Augusta, Georgia shall not exclude any person from participation in, deny
any person the benefits of, or otherwise discriminate against anyone in
connection with the award and performance of any solicitation, bid or
contract on the basis of race, color, sex, or national origin.
(d) The DBE Liaison Officer is responsible for submitting DOT form 4630 to
the FTA and FHWA on a quarterly basis and to the FAA as required by 49
C.F.R. Part 26 or 49 C.F.R. Part 23.
Sec. 1-10-120. DBE Program overall goals.
(a) The DBE Liaison Officer shall establish an annual overall goal for this
program in accordance with 49 C.F.R. Part 26 and shall annually submit
such goal to FHWA, FTA or FAA as appropriate. Neither quotas nor set-
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asides for DBEs are permitted in this program. Augusta, Georgia may only
use the means authorized by 49 C.F.R. Part 26.51 to meet overall goals.
(b) For ACDBE projects the DBE Liaison Officer shall establish goals in
compliance with 49 C.F.R. Part 23.21, et. seq.
Sec. 1-10-121. 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.
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Chapter lOB
LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM
Sec.l-10-122. Title.
Augusta, Georgia Local Small Business Opportunities Program ("LSBOP").
Sec. 1-10-123. Obj ective.
Augusta, Georgia is firmly committed to the principles of equal opportunity and in
keeping with these principles, hereby sets forth a program and establishes a
mechanism for developing, approving, and implementing procedures by which
local small business enterprises shall be identified, informed and educated
regarding opportunities for supplying goods, general services, and construction
services required by Augusta, Georgia, and providing for objectives for bidders to
incorporate the use of Local Small Businesses as commercially useful sub-
contractors, thereby promoting balanced economic and community growth
throughout Augusta, Georgia. The LSBOP is a race and gender-neutral program.
Sec. 1-10-124. Policy, intent and purpose.
(a) Policy. It is the policy of Augusta, Georgia that all necessary and reasonable
steps shall be taken to ensure that local small business enterprises have the
maximum opportunity to compete for and participate in all contracts and
subcontracts funded by or through the Augusta, Georgia governing
authority. Further, the Augusta, Georgia Commission has detennined as a
means to ensure full economic participation by small local business that a
mechanism for developing, approving and implementing a LSBOP is
required.
Augusta, Georgia has established the LSBOP to promote opportunities for
registered Local Small Business to participate in Augusta, Georgia's
contracting and procurement activities by requiring contractors to utilize
registered Local Small Businesses to perfonn commercially useful functions
to the maximum extent possible and as economically feasible, as partners or
subcontractors for service delivery or as suppliers of various goods required
in the performance of a contract. This LSBOP is in addition to and shall not
supplant the Local Preference of Code § 1-10-6.
(b) Intent and Purpose. The Augusta, Georgia Local Small Business
Opportunity Program is established to encourage equal opportunity,
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diversity, and equity in Augusta, Georgia's contracting and procurement
activities. In a race and gender neutral manner, the Program will promote
fair and equal opportunities for all local small businesses. It is specifically
intended that the encouragement of local small businesses will allow for the
development and growth of such businesses to increase competition for
construction and procurement opportunities.
(1) It is the intent and purpose of this Program to encourage equal
opportunity in Augusta, Georgia's contracting and procurement and to
eliminate discrimination and the effects of past discrimination therein.
(2) It is also the intent and purpose of this Program to encourage the use
of the Local Small Business Opportunity Program, which will have
the benefit to Augusta, Georgia of assisting the local economy with
j ob formation while remedying the discrimination against minority
owned business enterprises in the Augusta, Georgia contracts and
procurement in a race and gender-neutral manner.
(3) It is also the intent and purpose of the LSBOP to develop evidence
relevant to whether future race and gender conscious programs are
necessary to remediate the effects of past or current discrimination, as
required by applicable laws.
Sec.l-10-125. Definitions.
(a) Generally. Those definitions set forth in Chapter 10 of this Code shall also
apply to Chapter lOB, except as provided in this section.
(b) Specifically.
(1) Citizen's Small Business Advisory Board (CSBAB). Is a council to
advise the Commission and the Director of minority and small
business opportunities of matters pertaining to the LSBOP, and to
meet with small businesses to review and advise as to the issues in
program administration. See Ga. Laws 1995, p. 3648, § 14(d)
(hereinafter Consolidation Act).
(2) Comme�cially Useful Function. For the purpose of determining
whether a registered Local Small Business is performing a
commercially useful function, Director of minority and small
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business opportunities shall consider all of the facts in the record,
viewed as a whole, including without limitation the following:
(i) A Local Small Business performs a commercially useful
function when it is responsible for execution of the work of the
contract and is carrying out its responsibilities by actually
performing, managing, and supervising the work involved.
(ii) To perform a commercially useful function, the Local Small
Business must be responsible, with respect to material and
supplies used on the contract or sub-contract for which it is
engaged, for negotiating price, determining quality and
quantity, ordering the material, and installing (where
applicable) and paying for the material itself.
(iii) A Local Small Business does not perform a commercially
useful function if its role is limited to that of an extra
participant in a transaction, contract, or project through which
funds are passed in order to obtain the appearance of Local
Small Business participation. In determining whether a Local
Small Business is such an extra participant, the Director of
minority and small business opportunities will examine similar
transactions, particularly those in which Local Small
Businesses do not participate.
(3) Director of minority and small business opportunities. The person
designated by the Commission "to serve as equal employment
opportunity director and as director of minority and small business
opportunities" in accordance with § 14(c) of the Consolidation Act.
(4) Good Faith Efforts. Techniques used by a bidder/proposer to seek
Local Small Businesses to participate as a subcontractor or supplier
required to fulfill the bid/proposal request for participation. Such
good faith efforts of a bidder/proposer include, but are not necessarily
limited to, the following actions:
(i) Including qualified local small businesses in the prime
contractor's solicitations for subcontractors and suppliers.
(ii) Assuring that local small businesses are solicited whenever
such business enterprises can perform a commercially useful
function.
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(iii) Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation of
local small businesses.
(iv) Establishing delivery schedules, where the requirements of the
prime contract permit, which encourage participation of local
small businesses.
(v) Using the services and the assistance of the Director of minority
and small business opportunities in the identification of
qualified local small business and negotiating subcontracts and
supply contracts with such enterprises.
(vi) Requiring each first tier subcontractor to take the affirmative
steps outlined in sub paragraphs 1 through 5 above with respect
to the identification and usage of second or third tier sub-
contractors.
(vii) Placing notices of opportunities for qualified local small
business to perform subcontracting work on the eligible project
in newspapers, trade journals, and other relevant publications,
including publications specifically targeted to local small
businesses, or communicating such notices of opportunities via
the Internet or by other available media or means.
(viii) Designating portions of the work for local small businesses
subcontracting in trades with available local small business
subcontractors.
(ix) Providing a minimum of five (5) days notice to local small
businesses when requesting bids or proposals for furnishing
material or services as a subcontractor or supplier.
(5) Gross Receipts. Total income or, in the case of sole proprietorship
gross income, plus "cost of goods sold" as these terms are defined or
reported on Internal Revenue Service (IRS) Federal tax return forms;
Form 1120 for corporations; Form 11205 for Subchapter S
corporations; Form 1065 for partnerships; and Form 1040, Schedule
F for farm or Schedule C for sole proprietorships.
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(6) Joint Venture. An association of two or more businesses to carry out
a single business enterprise for profit for which purpose they combine
their property, capital, efforts, skills, and knowledge.
(7) Local Small Business. A corporation, sole proprietorship, partnership
or other business organization that meets the requirements for
registration as such with Augusta, Georgia in accordance with
Section 1-10-128 of this Code.
(8) Monthly Utilization Report or MUR. A memorialization by a prime
contractor of all subcontracting and Local Small Business
participation utilized on a contract. Contractors/vendors are required
to submit the Monthly Utilization Reports on all subcontracting
participation to the Director of minority and small business
opportunities.
(9) Non-Discrimination Statement. Written affirmation made by a bidder
relating to the bidder's conduct prior to submission of a bid as well as
after award of a contract that the bidder agrees to:
(i) Follow the policies of Augusta, Georgia relating to the
participation of local small businesses.
(ii) Undertake certain measures to ensure the m�imum practicable
participation by local small businesses; and
(iii) Not engage in discriminatory conduct against local small
businesses inconsistent with this Policy.
(10) Personal Net Worth. Net value of the assets of an individual owner,
after total liabilities are deducted must not exceed seven hundred and
fifty thousand dollars ($750,000). An individual's Personal Net
Worth does not include the individual's ownership interest and the
individual's equity in his or her primary place of residence. An
individual's Personal Net Worth includes his or her share of assets
held jointly with the individual's spouse. Property held by the
entireties is deemed to be owned equally by the spouse.
(11) Prime Contractor A person or firm who is awarded a contract from
Augusta, Georgia for provision of goods or services and has the
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primary responsibility for performance of the contract. The Prime
Contractor may subcontract portions of the work required to
Subcontractors, as indicated in the bid or solicitation documents.
(12) Registered Local Small Business. Any business entity registered by
the Director of minority and small business opportunities, providing
goods or services, which has its principal office and place of doing
business in Augusta, Georgia; with three (3) year average gross
annual receipts being not more than one and one half million dollars
($1,500,000); and whose owners meet the personal net worth
threshold, all as defined herein. The term Local Small Business shall
also include a manufacturer with seventy-five (75) employees or less
or wholesaler with fifty (50) employees or less without regard to
gross revenues.
(13) Schedule of local small business participation. Written data sheet
which is a required submittal for a bid or proposal that lists proposed
local small business subcontractors and the estimated value of
proposed sub-contracts.
Sec. 1-10-126. Application; effective date.
Except as otherwise provided, this ordinance shall apply to all bids, proposals,
contracts, expenditures and purchases commenced by Augusta, Georgia except
sole source or emergency procurements and certain federally funded projects as
provided herein. The effective date of this ordinance shall be the date it is
approved by the Augusta, Georgia Commission.
Sec. 1-10-127. Program administration.
(a) Services to be provided by the Local Small Business Oppo�tunities Program.
The Director of minority and small business opportunities shall have the
primary responsibility to assure that the LSBOP is effectively and equitably
carried out in Augusta, Georgia. Other Augusta, Georgia officials, the
Procurement Director, Department Directors and management personnel
shall give their full cooperation towards the implementation of the LSBOP.
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(b) P�ogram. The LSBOP administration consists of performing vendor
registration, education and outreach, and review of bid and proposal
documents. Specifically, the program shall consist of:
(1) Developing and administering local small business registration criteria
and procedures.
(2) Establishing and maintaining a directory available to the public of
registered local small businesses capable of supplying the type and
quality of equipment, supplies, general services, construction, and
professional services required by Augusta, Georgia.
(3) Regularly seeking out and registering new local small businesses to
bid on Augusta, Georgia purchases and solicitations.
(4) Notifying vendors of their registration status and advising non-
registered parties of their right to appeal the denial of registration
which shall be filed with the Director of minority and small business
opportunities within five (5) days of receipt of such notice.
(5) Developing annual forecasts and periodically updating same based on
a review of anticipated purchases and registered local small
businesses.
(6) Monitoring and reporting on legislative and judicial actions relevant
to local, small business interests.
(7) Reviewing specifications and bid documents with the Procurement
Department to ensure maximum opportunities for registered local
small businesses to compete on an equal basis for contracting
opportunities and to perform commercially useful functions.
(8) Convening andlor participating in information sessions with local
small businesses regarding bid requirements and contract
performance.
(9) Providing technical assistance, conducting seminars, visiting vendors,
and performing other outreach services to encourage and increase
participation in Augusta, Georgia's bidding process by local small
businesses.
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(10) Exploring and developing other means of expanding the program, and
attracting and increasing local small business participation including
joint efforts with other governmental agencies and authorities.
(11) Refer local small businesses to third party development assistance
providers when appropriate for bonding, financial and technical
assistance.
(12) Attend pre-bid, pre-qualification or pre-proposal conferences to
provide information on the LSBOP.
(13) Preparing and presenting an annual LSBOP report to the Augusta,
Georgia Commission.
(14) Assist prime contractors and other potential bidders in identifying and
contacting local small businesses.
(15) Develop outreach programs specifically targeted to educate local
small businesses about the LSBOP.
(16) The Director of minority and small business opportunities shall work
with User Departments to set contracting goals for each project over
$100,000 to include those with subcontracting and/or supplier
possibilities. The Director of minority and small business
opportunities and User Departments shall have the authority to reduce
or eliminate such local small business goals on a project based on the
type of contract, the type of subcontracting work that will be required,
and the availability of local small businesses.
(17) At Risk Management Construction Project Prime bidders will also be
subject to the contract goals for subcontractors.
(18) Augusta, Georgia shall indicate goals for local small businesses in
Project Specific solicitations over $100,000 to provide opportunities
for local small business participation.
(19) Where a bid provides a goal for local small business participation, the
Director of minority and small business opporiunities and User
Department shall recommend a bidder be awarded a contract only
where the bidder has demonstrated Good Faith Efforts to meet the
designated goals.
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(20) Notify all registered vendors of formal bid opportunities through
direct solicitation or public advertisement, including information on
the LSBOP.
(21) Work with project managers or user agencies to divide larger projects
into smaller projects or contracts when commercially appropriate, in
order to create more opportunities for local small businesses to
participate in contracts let by Augusta, Georgia.
(22) Provide data and technical assistance to support the outreach efforts
of the LSBOP as necessary and appropriate.
(23) Ensure specifications are open and competitive.
(24) The Director of minority and small business opportunities, the Using
Agency and the Finance Director, may make special provision for
progress payments as deemed reasonable to assist local small
businesses to carry out the terms of a contract.
(25) When a local small business is awarded a contract with Augusta,
Georgia, the Procurement Director may furnish written confirmation
of the same, providing the terms of the contract which may be used
by the local small business in negotiating lines of credit with lending
institutions.
(c) Evaluation of the Local Small Business Opportunity Program. The LSBOP
shall be evaluated on an annual basis. Each annual report shall be compiled
by the Director of minority and small business opportunities and shall
compare the fiscal year ending with the previous fiscal year. Evaluation of
the program may include:
(1) Number of local small business firms registered;
(2) Training and technical assistance offered to local small businesses;
(3) Dissemination of LSBOP information at pre-bid conferences; and
(4) Evaluation of the effectiveness of the local small business in relation
to the achievement of Augusta, Georgia's goals set forth under this
policy, including the utilization of local small businesses on contracts.
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Sec. 1-10-128. Registration and certification procedures.
(a) Registration Criteria; acceptance of certification by other governmental
agencies. The LSBOP requires prior registration or evidence of current
certification by other governmental agencies Local Small Business in order
to count the participation of that toward program goals. Eligibility
requirements for registration are:
(1) Certification as to small business status may be accepted from other
local governmental, state or federal agencies that apply criteria
substantially similar to that imposed by this ordinance.
(2) Applicant firm must complete an appropriate application form
obtained from the Director of minority and small business
opportunities and must qualify as a local small business, as the term is
defined in this Article as to principle place of business, gross annual
receipts and personal net worth thresholds.
(3) Applicant firm must have its principal place of business located
within the geographic limits of Richmond County. A location utilized
solely as a post office box, mailbox, mail drop, virtual office,
telephone message center, or any combination thereof, with no
substantial work function, shall not be deemed to be a significant
local presence sufficient to qualify as a local small business.
(4) Applicant firm must possess a valid Augusta, Georgia business
license for six (6) months prior to submitting their LSBOP
registration application;
(5) The firm's three (3) year average annual gross receipts, as defined
herein, must not exceed $1.5 million ($1,500,000) in annual gross
receipts; the annual gross receipts limitation shall not apply to
manufacturers with seventy-five (75) employees or less or
wholesalers with fifty (50) employees or less.
(6) Applicant firm owner must be a citizen or lawfully admitted
permanent resident of the United States;
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(7) Applicant firm must be a business, including a sole proprietorship,
partnership, corporations, limited liability company, or any other
business or professional entity:
(i) which is at least fifty-one (51) percent owned by one (1) or
more of the applicant individuals identified, and the ownership
must have been in existence for one (1) year or more; and
(ii) in the case of a publicly-owned business, at least fifty-one (51)
percent of all classes of stock which is owned by one (1) or
more of such persons, each of whom meets the net worth
criteria as defined herein.
(8) No individual owner of an applicant firm, or if a sole proprietorship
or partnership the individuals themselves, may have a personal net
worth that exceeds $750,000, as that term is defined in this Article.
(9) No local small business shall be registered on the basis of the race or
gender of its ownership regime.
(b) Renewal of Registration. Local small business registration is valid for a
two-year period beginning on the date Augusta, Georgia registers the
business. To re-apply, a local small business must submit a new application
and evidence of continuing eligibility.
It is the responsibility of the local small business to notify the Director of
minority and small business opportunities of any change in its circumstances
affecting its continued eligibility for the program. Failure to do so may
result in the firm's de-registration and preclusion from future participation in
the LSBOP;
(1) A Local Small Business that no longer meets registration criteria shall
not be re-registered by the Director of minority and small business
opportunities;
(2) Firms that have been denied registration or re-registration may protest
the denial as follows: �
(i) Within five (5) days of receipt of denial of registration or re-
registration, the firm may protest such action in writing to the
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Director of minority and small business opportunities. Protests
filed after the five (5) day period shall not be considered and
are deemed a failure on the part of the protestor to e�iaust
administrative remedies.
(ii) A hearing shall be held by Augusta, Georgia Administrator (or
his or her designee) at which time the firm may present
additional facts and evidence in support of its eligibility.
Augusta, Georgia Administrator (or his or her designee) shall
control all aspects of the hearing, including scheduling,
conduct, witnesses, and evidence, and may request the
attendance of witnesses and production of particular
documents.
(iii) Augusta, Georgia Administrator shall send written notice of
the decision to the firm within thirty (30) days of the hearing.
(iv) A firm found to be ineligible cannot apply for registration or
re-registration for a period of one year after the effective date
of the final decision.
(c) Limitations. Notwithstanding any other provision of this program except on
a finding of good cause by Augusta, Georgia, a registered local small
business is no longer eligible to participate in the LSBOP after being
enrolled for ten (10) consecutive years regardless of whether the firm
received contracts or prime contracts under the program. If a firm has been
released from the program before graduation as a result of exceeding the
LSBOP thresholds, it will still be eligible to receive contracts from Augusta,
but such participation will not be counted toward the LSBOP goal of
identifying and employing local small businesses to the greatest extent
possible.
In determining whether a good cause exists for a firm to continue
participation beyond ten (10) consecutive years, Augusta may review all
relevant factors such as amount of business previously received by the firm,
and capability of other small firms to provide goods and services, impact on
a potential contract opportunity for other local businesses to compete. In no
event shall a firm's participation in the program extend beyond fifteen (15)
years.
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Participation or registration as a local small business in the LSBOP shall not
preclude a registered firm from competing for a prime contract with
Augusta, Georgia on the same basis as other prime contractors or suppliers.
(d) Graduation. Augusta, Georgia shall graduate a Iocal small business from
eligibility as a local small business. The local small business will be
graduated from local small business if any one of the following occurs:
(1) The local small business' gross revenues in each of the previous
consecutive three (3) years exceed an average of $1.5 million;
(2) The net worth of any owner of a local small business exceeds an
average of $750,000 for each of the previous consecutive three (3)
years, exclusive of principal residence and the value of the local small
business; or
(3) The local small business has participated in the LSBOP for ten (10)
years and Augusta, Georgia has not approved an extension of
participation based on good cause.
Sec. 1-10-129. Local small business opportunities program participation.
(a) Sealed Bids, Sealed Proposals, Professional Ser-vices And Other Major
Purchasing. The following procedures and contract requirements will be
used to insure that local small businesses are encouraged to participate in
Augusta, Georgia contracts, including but not limited to construction
contracts, requests for professional services and the performance of public
works contracts. The Augusta, Georgia user department shall indicate goals
for local small business in all solicitations for contracts over $100,000 in
value:
(1) Bid conditions, requests for proposals, and all other specifications for
contracts awarded by Augusta, Georgia will require that, where
subcontracting goal is utilized in performing the contract, the bidder
or proponent, will make Good Faith Efforts to subcontract with or
purchase supplies from local small businesses. Bid specifications
will require the bidder or proponent to keep records of such efforts
that are adequate to permit a determination of compliance with this
requirement.
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(2) Each bidder shall be required to provide documentation of achieving
goal or provide documentation of Good Faith Efforts to engage local
small businesses as subcontractors or suppliers, the names of local
small businesses and other subcontractors to whom it intends to award
subcontracts, the dollar value of the subcontracts, and the scope of the
work to be perfonned, recorded on the form(s) provided or made
available as part of the bid package. If there are no sub-contracting
opportunities, bidder shall so indicate on the appropriate form.
(3) For all such contracts, the Procurement Department will provide the
Director of minority and small business opportunities with a copy of
the invitation to bid or bid specifications including scope of work. The
Director of minority and small business opportunities will identify the
existence of registered local small businesses which are qualified to
submit bids as prime contractors.
(4) The Director of minority and small business opportunities shall
identify subcontracting opportunities and shall make available trade-
specific lists of registered local small businesses to potential prime
contractors. Prime contractors are encouraged to form Joint Ventures
with local small businesses to perform major contracts, particularly in
the areas of construction and professional services.
(5) Within thirty (30) days of the adoption of this Ordinance, the
Procurement Department will include a copy of this ordinance in each
bid or proposal package or shall publish and make available an
internet link at which the LSBOP Ordinance and related forms may be
found on the official website of Augusta, Georgia.
(6) All bid documents shall require bidders or proponents to submit with
their bid the following written documents, statements or forms, which
shall be made available by the Procurement Department.
(i) Non-Discrimination Statement which shall affirm the bidder's:
(a) adherence to the policies of Augusta, Georgia relating to
equal opportunity in contracting; (b) agreement to undertake
certain measures as provided in this policy to ensure maximum
practicable participation of local small businesses; and
(c) agreement not to engage in discriminatory conduct of any
type.
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(ii) Proposed Local Small Business Subcontractor/Supplier
Utilization Plan.
(iii) Documentation of Good Faith Efforts to use local small
businesses.
Failure to submit the above documentation shall result in the bid or
proposal being declared non-responsive.
(7) Before advertising and soliciting bids, the Director of minority and
small business opportunities and using department will assess if large
contracts can be segmented into multiple contracts. Methods to be
considered include:
(i) The term of a contract may be shortened that results in a dual
effect; the reduction of quantity required, and the risk inherent
in guaranteeing prices over a longer period of time.
(ii) Work to be performed may be grouped according to
geographic location within Augusta, Georgia.
(8) When the Solicitation bid document contains a local small business
goal, each Bidder must either: meet the local small business goal or
comply with the Good Faith Effort requirement set for in section 1-
10-125(b)(4). Failure to do so constitutes grounds for rejecting the
Bid.
(9) When the Solicitation bid document does not contain a local small
business goal, each bidder must negotiate in good faith with each local
small business that responds to the Bidder's solicitation and each local
small business that contacts the Bidder on its own accord.
(10) Self-Performance. Self performance does not exempt Bidders from
the LSBOP requirements unless the self performer is a qualified and
registered local small business. Bidders that do not meet the local
small businesses goal and desire to self-perform all or part of the
construction contract must nevertheless demonstrate that they
complied with the Good Faith Efforts requirements as set forth in
section 1-10-125(b)(4).
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(b) Depa�tmental Purchase Requirements (All Formal Bids over $100,000).
User Departments making purchases or issuing solicitations for projects over
$100,000 (including project management, contract management, and/or
construction, and/or design contracts) shall have the following duties and
responsibilities with regard to the LSBOP:
Departments shall:
(1) Establish Project Specific Goals on all projects $100,000 and above.
(2) Submit the scope of work and cost estimate evaluations to the
Director of minority and small business opportunities so appropriate
local small business subcontracting goals may be determined.
(3) Assist the Director of minority and small business opportunities with
setting Project Specific Goals.
(4) Assist in identification of available local small businesses.
(5) Gather and maintain data for those contracts which they manage.
(6) Submit subcontracting data to the Director of minority and small
business opportunities within fourteen (14) days of progress payments
and thirty (30) days of contract closeout.
(7) Submit to the Director of minority and small business opportunities,
on or before the beginning of each Fiscal year, the Department's
annual list of projects, listing all upcoming projects, estimating the
probable monetary value, and stating the projected bid advertisement
date.
(8) Indicate goals for local small businesses in solicitations for contracts
that provide opportunities for local small business participation.
(9) Work with User Departments to monitor contracts to facilitate prompt
payments to local small business and to be in compliance with Project
Specific Goals and commitments.
(10) Track and report statistics regarding the effectiveness of the LSBOP,
as measured by a review of data indicating prime and subcontractor
spending with local small business, as required by the policies and
procedures.
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(c) Methodology for Setting Local Small Business Project Specific Goals. The
Director of minority and small business opportunities in consultation with
User Department shall establish a local small business goal for all contracts
through rules and guidelines for the implementation of the LSBOP. Such
methodology shall take into account the reasonably known availability of
subcontracting opportunities that local small businesses can perform on each
contract. Local small business goals should be calculated based upon
specific contracting, subcontracting, and/or supplier opportunity and the
availability of local small business registered in Augusta, Georgia's
directory. For federally funded projects, this will be achieved by applying
the Federal Guidelines for setting Goals 49 CFR Parts 26-45.
(d) Post Cont�act Award Requireinents. The purpose of this sub-section is to
establish requirements for contractor compliance with the LSBOP after a
contract has been awarded. This is incorporated into all Augusta, Georgia
Contracts for which a local small business goal has been established or
negotiated.
(1) Contractors shall have an affirmative, ongoing obligation to meet or
exceed the committed local small business goal for the duration of the
contract. The Augusta, Georgia may deem a contractor to be in
violation of the LSBOP and in breach of its contract if at any time
Augusta, Georgia determines that: (a) The contractor will not meet the
committed local small business goals; and (b) the reasons for the
contractor's failure are within the contractor's control. For example,
if a contractor does not meet the local small business goal because the
contractor terminated a local small business without cause or if the
contractor caused and local small business to withdraw from the
project without justification, then Augusta, Georgia is justified in
finding the contractor to be in violation of the LSBOP.
(2) Exceptions. A contractor shall not be deemed in violation of this
Program for failure to meet the committed local small business goal to
the extent such failure is directly attributable to:
(i) Augusta, Georgia reducing the scope of a contract so as to
eliminate or reduce work that was going to be performed by
local small businesses (whether through a change order,
contract amendment, force account or otherwise);
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(ii) A local small businesses voluntary withdrawal from the project,
if the contract demonstrates that such withdrawal was beyond
the contractor's reasonable control, so long as the contractor
complied with the Good Faith Efforts to replace the local small
business with another local small business; or
(iii) Termination or reduction in the work of a local small business,
if the contractor demonstrates that such termination was
consistent with the terms of this Program, and that the
contractor complied with the Good Faith Efforts to replace the
local small business with another local small business.
(3) Contractors have an ongoing, affirmative obligation to ensure that
local small businesses performing on the contract are performing a
Commercially Useful Function. A contractor shall be in violation of
the LSBOP and in breach of its contract if it lists a local small
business to receive credit toward a committed local small business
goal with knowledge that the local small business will be acting as a
conduit or will otherwise not be perfonning a Commercially Useful
Function reasonably commensurate with the payment amount for
which the contractor will be seeking credit.
(4) Contractors shall not terminate, replace or reduce the work of a local
small business that the contractor has counted toward meeting the
committed local small business unless:
(i) The local small business refuses to enter into a contract
consistent with the local small business' Letter of Intent;
(ii) The local small business materially breaches its contract with
the contractor;
(iii) Augusta, Georgia reduces the contract scope of work so as to
eliminate or reduce the work that the local small business was
to perform; or
(iv) The local small business voluntarily withdraws from the
contract for reasons not within the contractor's reasonable
control.
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(5) Contractor shall provide the User Department, the Director of
minority and small business opportunities and the Procurement
Director written notice prior to replacing or terminating a local small
business on a contract. The notice shall identify the local small
business and the contract; state the reason for the termination or
replacement and state the proposed date on which such termination or
replacement will occur. Unless the circumstances necessitate
immediate termination or replacement, the contractor shall provide
such notice to the User Department, and the Director of minority and
small business opportunities at least five (5) Business Davs before the
contractor terminates the local small business. The contractor shall
further provide written notice to the local small business stating the
reasons for the termination. Unless circumstances dictate otherwise,
the contractor shall provide such notice before termination is to occur.
(6) Good Faith Efforts to replace a local small business to a contract.
When a local small business withdraws or is terminated from a
contract for any reason, the contractor shall comply with the Good
Faith Efforts requirement to replace the departing local small business
with another local small business. Likewise, when new opportunities
for subcontracting arise on a contract and Augusta, Georgia sets a
supplemental local small business goal, the contractors shall comply
with the Good Faith Efforts set in an effort to meet the supplemental
local small business goal.
(7) Utilization Reports and Documentation of Payment. Contractors shall
report to Augusta, Georgia the total dollars paid to each local small
business on each contract, and shall provide such payment affidavits,
regarding payment to subcontractors as may be requested by Augusta,
Georgia. Such documents shall be in the format specified by the
Director of minority and small business opportunities, and shall be
submitted at such times as required by Augusta, Georgia. Failure to
provide such reports within the time period specified by Augusta,
Georgia shall entitle Augusta, Georgia to exercise any of the remedies
set forth, including but not limited to, withholding payment from the
contractor and/or collecting liquidated damages.
(e) Departmental purchase requi�ements (small purchases, quotations, or
informal bids). Subject to the dollar limits set forth under Augusta, Georgia
ordinance, departments are authorized to make small purchases using
Agency Purchase Orders. Departments shall be directed by Augusta,
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Georgia Administrator to utilize local small businesses on small purchases
whenever possible and appropriate.
(1) The Director of minority and small business opportunities shall make
available to every Augusta, Georgia department a directory of
registered local small businesses and encourage their use of by
departments.
(2) The Director of minority and small business opportunities shall
provide annual training to all Augusta, Georgia Departments on the
LSBOP.
, (3) The Director of minority and small business opportunities shall ensure
that all Augusta, Georgia specifications for goods and services do not
contain any unnecessary impediment to local small business
participation in the bid process.
(4) For small purchases, quotations or informal bids, the Using
Department will solicit bids from registered local small businesses to
supply the required materials, equipment, supplies or services using
the local small business Registry created and maintained by the
Director of minority and small business opportunities.
(5) The Director of minority and small business opportunities and
Procurement Department will attempt to identify qualified local small
businesses and will include such local small business in bid/quote
solicitation lists.
(6) The Director of minority and small business opportunities will make
recommendations to the Procurement Director and User Departments
when specification appears to impede local small businesses from
competitively participating in a bid.
(� Procurement Department and User Agency Responsibilities.
(1) For purchases on which written bids are sought, registered local small
businesses which are ready, willing and able to perform the required
services or provide the required commodity will be solicited for a
written quotation or bid.
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(2) Purchases from local small businesses shall be tracked by the Director
of minority and small business opportunities with the assistance and
cooperation of the user Departments.
(g) Maintenance of Records.
(1) The Director of minority and small business opportunities, with the
assistance of the Department of Information Technology, shall
compile data on local small business participation as well as women
and minority owned business participation. Information on prime
contract awards and subcontractor utilization will be maintained by
the Director of minority and small business opportunities which will
gather information from all user Departments on a quarterly basis.
(2) Local small business utilization statistics shall be maintained in the
following manner:
(i) Contracts and purchases shall be grouped into four categories:
construction, professional services, general services and
materials/equipment/supplies.
(ii) Statistics shall measure overall awards to local small
businesses and to women and minority owned businesses by
category of purchase (i.e. construction, professional services,
general services, and materials/equipment/supplies).
(iii) All data necessary to evaluate the effectiveness of the LSBOP
in reducing discrimination against minority and women owned
businesses shall be kept and maintained by the Director of
minority and small business opportunities.
(3) Data collection is an important aspect of evaluating the effectiveness
of the LSBOP. The LSBOP is a race and gender neutral program and
all data collection efforts shall be for evaluating purposes only. The
following statistics shall be reported not less than annually to the
Augusta, Georgia Commission by the Director of minority and small
business opportunities.
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(i) Regarding purchases of professional services, general services
and materiaUequipment/supplies made through the competitive
bid and quotation process:
(a) Total value of purchases.
(b) Total value of purchases from local small businesses.
(c) Total value of purchases from women owned businesses.
(d) Total value of purchases from minority owned
businesses.
(ii) Regarding small purchases by operating department using
Agency Purchase Orders:
(a) Total value of small purchases by Augusta, Georgia
Department.
(b) Total value of small purchases from local small
businesses by Department.
(c) Total value of small purchases from women owned
businesses by Department.
(d) Total value of small purchases from minority owned
businesses by Department.
(iii) Regarding construction purchases:
(a) Total value of construction contract awards.
(b) Total value of construction contracts awarded to local
small businesses as prime contractors.
(c) Total value of subcontracts awarded to local small
businesses.
(d) Total value of subcontracts awarded to women owned
businesses.
(e) Total value of subcontracts awarded to minority owned
businesses.
(h) Compliance.
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(1) It will be the duty of the Procurement Director to ensure that bids or
proposals issued from the Procurement Department adhere to the
provisions set forth in this Policy.
(2) The Director of minority and small business opportunities, and all
department directors will assume responsibility for evaluating
compliance with this program in their respective contract areas and
will review, on a continuing basis, all aspects of the program's
operations to assure that the purpose is being attained and reporting
same to the Director of minority and small business opportunities for
tracking and annual report purposes.
(3) Each Augusta, Georgia contract will contain a provision requiring
compliance with this policy including maintenance of records, good
faith efforts, and maintenance of information necessary to document
compliance with, and effectiveness of the LSBOP. This shall include
the right of the Director of minority and small business opportunities
and any compliance personnel to inspect such records. Compliance
records will be a part of the official files located in the Procurement
Office.
(4) The Director of minority and small business opportunities shall be
responsible for evaluating good faith efforts documentation and
subcontractor information submitted by bidders in conformance with,
the AuGUSTa, GA. CoDE and any State and Federal Laws applicable
to any bid specifications for competitive sealed bid or competitive
sealed proposal projects prior to award of the contract.
(5) Each Augusta, Georgia contract will contain a provision prohibiting
any agreements between a contractor and a local small business in
which the local small business promises not to provide subcontracting
quotations to other bidders or potential bidders.
(i) Competitive Bids.
Nothing in this Policy is to be construed to require Augusta, Georgia to award a
bid contract to other than the lowest responsible bidder, or to require contractors to
award to subcontractors, or to make significant material purchases from local small
businesses who do not submit the best overall pricing to Augusta, Georgia.
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(j) Outreach.
To maximize the identification, registration and utilization of local small
businesses, the following efforts will be undertaken by the Director of minority and
small business opportunities:
(1) Increase efforts to locate and register additional vendors, service
providers, and construction contractors that can provide goods and
services for Augusta, Georgia through media, vendor fairs, and
electronic message boards.
(2) As Georgia Department of Transportation, Federal Transit
Administration, Departrnent of Defense and Federal Aviation
Administration certified construction contractors are located, invite
local firms to register with Augusta, Georgia in accordance with the
requirements of this Article in order to create an enhanced resource to
using departments, buyers and prime contractors to locate registered
local small businesses for projects that can utilize local small
businesses for a commercially useful function.
(3) Supply information to the Board of Commissioners regarding the
LSBOP and offer opportunities for ways in which the Board of
Commission can be an advocate of the LSBOP.
Sec. 1-10-130. Exceptions — federally funded projects.
In accordance with § 1-10-8 and Chapter l OB, the LSBOP shall only be utilized
with federally funded projects, solicitations or contracts as authorized by federal
(and Georgia) laws, regulations and conditions applicable to such projects. To the
extent that there are any conflicts between any such laws, regulations or conditions
and the LSBOP, the federal (and Georgia) laws, regulations and conditions shall
control.
Sec. 1-10-131. Citizens Small Business Advisory Board.
A Citizens' Small Business Advisory Board (CSBAB) shall be constituted to
advise the Commission and Director of minority and small business opportunities
on matters related to this ordinance, and to meet with local small businesses, to
review and provide input as to the issues in program administration. See
Consolidation Act § 14(d). Members are appointed by the Mayor, Commission
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and the Richmond County Legislative Delegation. A list of the appointees is
maintained in the Clerk of Commission's Office and is incorporated herein by
reference.
Sec. 1-10-132 through Sec. 1-10-999. Reserved.
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