Current through Register Vol. 48, No. 9, September 27, 2024
A. Authority.
(1) An agency may make small purchases not
exceeding the limits prescribed in Section
11-35-1550
in accordance with the procedures in that section and herein.
(2) Any purchase of supplies, services, or
information technology made pursuant to Section
11-35-1550
must be within the agency's certification.
(3) These simplified acquisition procedures
shall not be used for items available under mandatory state term contracts (see
R.19-445-2020B(1)).
(4) Contracts
solely for the procurement of commercially available off-the-shelf products
pursuant to Section
11-35-1550
are not subject to laws identified in Section
11-35-2040.
(5) When required, adequate public notice
must comply with R.19-445.2000F.
(6) Section
11-35-4210(1)(d)
makes the protest process inapplicable to contracts with an actual or potential
value of up to $50,000. Because the protest process applies to all small
purchases in excess of $50,000, notice of an award must be communicated to all
bidders on the same date award is made and must be documented in the
procurement file. Any method of communication may be used.
B. Purchases pursuant to Section
11-35-1550(2)(b)
(Three Written Quotes).
(1) If an agency does
not receive responsive quotes from at least three responsible bidders, adequate
public notice must be given and documented with the purchase requisition.
So-called "no bids" are not bona fide and do not count as one of the
three.
(2) Requests for quotes must
be distributed equitably among qualified suppliers, unless adequate public
notice is given in South Carolina Business Opportunities.
C. Purchases pursuant to Section
11-35-1550(2)(c)
(Advertised Small Purchase) may be made by giving adequate public notice in
South Carolina Business Opportunities and:
(1) issuing a written solicitation for
written quotes, as described in Section
11-35-1550(2)(c);
(2) soliciting bids in accordance with
Section
11-35-1520,
Competitive Sealed Bidding, Section
11-35-1525,
Competitive Fixed Price Bidding, or Section
11-35-1528,
Competitive Best Value Bidding; or
(3) soliciting proposals in accordance with
Section
11-35-1530,
Competitive Sealed Proposals.
D. When conducting a small purchase over
twenty-five thousand dollars for which adequate public notice is required,
potential offerors must be provided reasonable time to prepare their bids, no
less than seven (7) days after such notice is provided, unless a shorter time
is deemed necessary for a particular procurement as determined in writing by
the head of the purchasing agency, the appropriate chief procurement officer,
or the designee of either.
E.
Establishment of Blanket Purchase Agreements.
(1) General. A blanket purchase agreement is
a simplified method of filling repetitive needs for small quantities of
miscellaneous supplies, services, or information technology by establishing
"charge accounts" with qualified sources of supply. Blanket purchase agreements
are designed to reduce administrative costs in accomplishing small purchases by
eliminating the need for issuing individual purchase documents.
(2) Alternate Sources. To the extent
practicable, blanket purchase agreements for items of the same type should be
placed concurrently with more than one supplier. All competitive sources shall
be given an equal opportunity to furnish supplies, services, or information
technology under such agreements.
(3) Terms and Conditions. Blanket purchase
agreements shall contain the following provisions:
(a) Description of agreement. A statement
that the supplier shall furnish supplies, services, or information technology,
described therein in general terms, if and when requested by the Procurement
Officer, or his authorized representative, during a specified period and within
a stipulated aggregate amount, if any. Blanket purchase agreements may
encompass all items that the supplier is in a position to furnish.
(b) Extent of obligation. A statement that
the State is obligated only to the extent of authorized calls actually placed
against the blanket purchase agreement.
(c) Notice of individuals authorized to place
calls and dollar limitations. A provision that a list of names of individuals
authorized to place calls under the agreement, identified by organizational
component, and the dollar limitation per call for each individual shall be
furnished to the supplier by the Procurement Officer.
(d) Delivery tickets. A requirement that all
shipments under the agreement, except subscriptions and other charges for
newspapers, magazines, or other periodicals, shall be accompanied by delivery
tickets or sales slips which shall contain the following minimum information:
(1) name of supplier;
(2) blanket purchase agreement
number;
(3) date of call;
(4) call number;
(5) itemized list of supplies, services, or
information technology furnished;
(6) quantity, unit price, and extension of
each item less applicable discounts (unit price and extensions need not be
shown when incompatible with the use of automated systems, provided that the
invoice is itemized to show this information); and
(7) date of delivery or shipment.
(e) Invoices one of the following
statements:
(1) A summary invoice shall be
submitted at least monthly or upon expiration of the blanket purchase
agreement, whichever occurs first, for all deliveries made during a billing
period, identifying the delivery tickets covered therein, stating their total
dollar value, and supported by receipted copies of the delivery tickets;
or
(2) An itemized invoice shall be
submitted at least monthly or upon expiration of the blanket purchase
agreement, whichever occurs first, for all deliveries made during a billing
period and for which payment has not been received. Such invoices need not be
supported by copies of delivery tickets;
(3) When billing procedures provide for an
individual invoice for each delivery, these invoices shall be accumulated
provided that a consolidated payment will be made for each specified period;
and the period of any discounts will commence on final date of billing period
or on the date of receipt of invoices for all deliveries accepted during the
billing period, whichever is later. This procedure should not be used if the
accumulation of the individual invoices materially increases the administrative
costs of this purchase method.
F. Competition Under Blanket Purchase
Agreement.
Calls against blanket purchase agreements shall be placed after
prices are obtained. When concurrent agreements for similar items are in
effect, calls shall be equitably distributed. In those instances where there is
an insufficient number of BPAs for any given class of supplies, services, or
information technology to assure adequate competition, the individual placing
the order shall solicit quotations from other sources.
G. Calls Against Blanket Purchase Agreement.
Calls against blanket purchase agreements generally will be
made orally, except that informal correspondence may be used when ordering
against agreements outside the local trade area. Written calls may be
executed.
Documentation of calls shall be limited to essential
information. Forms may be developed for this purpose locally and be compatible
with the Comptroller General's Office STARS system.
H. Receipt and Acceptance of Supplies or
Services.
Acceptance of supplies, services, or information technology
shall be indicated by signature and date on the appropriate form by the
authorized State representative after verification and notation of any
exceptions.
I. Review
Procedures.
The governmental body shall review blanket purchase agreement
files at least semiannually to assure that authorized procedures are being
followed. Blanket purchase agreements shall be issued for a period of no longer
than 12 months.
