12-1-1 Overview
This is the final chapter that addresses the methods of procurement that Horry County may use to acquire personal property, services, and improvements to real property. Tiers Two through Four include procurement methods that are designed to be used in normal circumstances, when neither exigent
circumstances nor unforeseen developments play a role in the satisfaction of the County’s need. In this chapter those exigent and/or unforeseen
circumstances and the County’s utilization of unusual procurement methods in response thereto are addressed. These unusual procurement methods are: A. Emergency and Unusual Procurements
B. Sole Source Procurements C. Responses to Unsolicited Offers
Subchapter 12-2 – Types of Tier 5 Procurements
12-2-1 Emergency and Unusual Procurements
A. General - An Emergency and Unusual Procurement is the acquisition by Horry County of personal property, services, and improvements to real property without using any of the procurement methods included within Tiers Two through Four. Horry County is justified in rejecting the use of the procurement methods included in Tiers Two through Four when it has a need that must be satisfied immediately or when the need includes an unusual or unique requirement that the use of the procurement methods included within Tiers Two through Four would not responsibly satisfy or further the interests of Horry County. When such situations arise, Horry County may conduct an Emergency and Unusual Procurement.
B. The Procurement – When a need must be satisfied immediately or the need includes an unusual or unique requirement, the procurement to satisfy that need may be accomplished in any reasonable manner.
C. Authorization – If possible, the Chief Procurement Officials shall either conduct or delegate, either verbally or in writing, procurement authority to conduct an Emergency and Unusual Procurement. If it is not possible or feasible to contact the Chief Procurement Officials when an Emergency and Unusual Procurement is needed, then any Horry County official that has the responsibility for responding to the circumstances that have created the need
for an Emergency and Unusual Procurement may conduct such an Emergency and Unusual Procurement or delegate, either verbally or in writing, their procurement authority to conduct an Emergency and Unusual Procurement. When an Horry County official conducts an Emergency and Unusual
Procurement without a prior delegation of procurement authority from the Chief Procurement Officials, that official shall, at the earliest practicable time after the conduct of the Emergency and Unusual Procurement, provide the Chief Procurement Officials with a Report of a Tier Five Procurement, as set forth in this chapter.
D. Application of the Four Guiding Principles of Procurement – While any official engaging in an Emergency and Unusual Procurement should exercise prudence in the expenditure of Horry County’s funds, there are no
requirements in a Tier Five procurement for:
1. Publicly expressing the need in the procurement; and
2. Weighing and choosing from alternative methods of source selection (best price or best value); and
3. Determining Price Reasonableness; and
4. Imposing Maximum Practicable Competition requirements.
E. Limitation – An Emergency and Unusual Procurement shall only be used to the extent necessary to respond to the circumstances that justify its utilization.
12-2-2 Sole Source Procurements
A. General – A “Sole Source Procurement” is an acquisition in which Horry County acquires supplies or services by negotiating with and letting a contract to only one source.
B. Justification for Use - Because a Sole Source Procurement is completely inconsistent with Procurement Guiding Principle Four, Maximum Practicable Competition, it is only permissible when an Horry County need can be satisfied by only one supplier. A Sole Source Procurement shall not be used when a single proprietary item or items are the only item or items that will satisfy the Horry County need, but that item or those items are available from multiple sources. There may be some situations, however, that require a Sole Source Procurement that are not justified on the basis that only one source exists. It may be that the need itself requires only one supplier. The following are examples of circumstances which could necessitate the use of a Sole Source Procurement:
1. Where the compatibility of equipment, accessories, repair, or replacement parts is a significant consideration; or
2. Where a sole supplier's item is needed for trial use or testing; or 3. Where public utility services are to be procured.
C. Authorization – When a Purchasing Agency encounters a potential situation that requires the utilization of a Sole Source Procurement, the Purchasing Agency shall contact the Chief Procurement Officials prior to taking any further procurement actions. The Chief Procurement Officials shall then make a determination that the use of a Sole Source Procurement is warranted or direct the Purchasing Agency to provide the Chief Procurement Officials with more information that would warrant the use of a Sole Source
Procurement. This will more than likely require the use of market research techniques, as set forth in Chapter Five of this regulation. When the Chief Procurement Officials are satisfied that the use of a Sole Source Procurement is justified, the Chief Procurement Officials shall either conduct the Sole Source Procurement or delegate, in writing, procurement authority to the Purchasing Agency to conduct the Sole Source Procurement.
D. Application of the Four Guiding Principles of Procurement – While any official engaging in a Sole Source Procurement should exercise prudence in the expenditure of Horry County’s funds, there are no requirements for: 1. The method of source selection (best price or best value); and 2. Determining Price Reasonableness; and
3. The imposition of Maximum Practicable Competition requirements. The official should attempt to negotiate a contract with the single source that is in the best interests of Horry County. If the official is unable to reach an agreement with the single source that is in the best interests of Horry County, then a contract award should not be made.
12-2-3 Unsolicited Proposals
A. General - An “Unsolicited Proposal” is a written proposal that includes a new, unique, or innovative product, service, project, or process that is submitted to Horry County on the initiative of the offeror for the purpose of obtaining a contract with Horry County. An Unsolicited Proposal is not submitted in response to an IFB, RFP, QR, or any other type of solicited response by Horry County.
B. Processing of Unsolicited Proposals - When an Unsolicited Proposal is received by Horry County, it shall be immediately forwarded to the Director of Procurement who shall have final authority with respect to the evaluation, acceptance, and rejection of such unsolicited offers. Once the initial
evaluation is made by the Director of Procurement, the Director of Procurement may, should the Director so choose, seek the advice and guidance of other Horry County personnel to assist in the Director of Procurement’s evaluation of the Unsolicited Proposal.
C. Conditions for Contract Award - To be considered for a contract award an Unsolicited Proposal:
1. Must be in writing; and
2. Must be sufficiently detailed to allow a judgment to be made concerning the potential utility of the offer to the County; and
3. Must present a unique or innovative product, service, project or process for County use; and
4. Must demonstrate that the unique character of the offering warrants consideration of the use of the Sole Source Procurement process; and 5. Must include a proposed price or cost to enable the County to consider in a
contract award determination; and
6. May be subject to testing under terms and conditions specified by the County.
D. Post Evaluation Process
1. Rejection of Unsolicited Proposals – If, after the evaluation of an
Unsolicited Proposal, the Director of Procurement determines that it is not in the best interests of the County to award a contract to the offeror of the Unsolicited Proposal, the Director of Procurement shall return the
Unsolicited Proposal to the offeror along with a statement that Horry County is rejecting the Unsolicited Proposal. When an Unsolicited Proposal is rejected:
a. The statement to the offeror does not need to include the reasons for the rejection
b. The offeror has no right to a debriefing after the rejection of an Unsolicited Proposal
2. Acceptance of Unsolicited Proposals - If, after the evaluation of an Unsolicited Proposal, the Director of Procurement determines that it is in the best interests of the County to award a contract to the offeror of the Unsolicited Proposal, the Director of Procurement, or the County personnel that the Chief Procurement Officials have given authority through a delegation of procurement authority, shall proceed with the process of negotiating a Sole Source Contract with the offeror of the Unsolicited Proposal in a manner compliant with the subsection of this regulation that addresses Sole Source Procurements.
3. Confidentiality - Any written request for confidentiality of data contained in an Unsolicited Proposal that is made in writing shall be honored. If a contract award is made, confidentiality of data shall be agreed upon by the parties and governed by the provisions of the contract. If agreement cannot be reached on the issue of confidentiality, the County may reject the Unsolicited Proposal
Subchapter 12-3 - Report of Tier Five Procurements
12-3-1 Contents and Timing of Tier Five Procurements Report
Any Horry County official that engages in a Tier Five Procurement shall, at the earliest practicable time after the conduct of the Tier Five Procurement, provide the Chief Procurement Officials with a Report of a Tier Five Procurement. If the Chief Procurement Officials conduct the Tier Five Procurement, then they must provide a Report of a Tier Five Procurement. The Report of a Tier Five
Procurement shall include:
A. The date of the Tier Five Procurement; and
B. The name and title of the official conducting the procurement; and C. The type of Tier Five Procurement used; and
D. A statement of the circumstances that justified the use of the particular Tier Five Procurement method; and
E. The details of the acquisition, including but not limited to, the name and address of the supplier, a complete description of that which was acquired, the amount spent and any other details that the Chief Procurement Officials may deem appropriate.
12-3-2 Maintenance of Tier Five Reports File
A fiscal-year file shall be maintained by the Chief Procurement Officials in which these Reports of Tier Five Procurements shall be kept and maintained for a period of three calendar years.