The following words, unless the context clearly indicates otherwise, shall mean:

“Agent” means an individual who is a member of a county commission or board.

“Business” means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other legal entity.

“Certificate of liability insurance” means a form that shows the contractors insurer, coverage, and expiration date of coverage. If this form is not provided prior to work being performed, contractors are required to sign a release from waiver form.

“Change order” means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract.

“Chief procurement officer” means the purchasing manager in the finance office, who is responsible for all procurements for the Colleton County.

“Construction” means the process of building, altering, repairing, remodeling, improving or demolishing any public structure or building or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair or routine maintenance of existing structures, buildings or real property.

“Contract” means all types of county agreements, regardless of what they may be called, for the procurement or disposal of supplies, services or construction.

“Contract modification” means a written order signed by the county administrator, directing the contractor to make changes in which the changes clause of the contract authorizes the procurement officer to order without the consent of the contractor.

“Contractor” means any person having a contract as defined in this section, by Colleton County government.

“Cost effectiveness” means the ability of a particular product or service to efficiently provide goods or services to the county. In determining the cost effectiveness of a particular product or service, the chief procurement officer shall list the relevant factors in the bid notice or solicitation and use only those listed relevant factors in determining the award.

“Cost-reimbursement contract” means a contract under which a contractor is reimbursed for costs, which are allowable and allocable in accordance with the cost principles as determined by the county finance office.

“Data” means recorded information, regardless of form or characteristics.

“Days” means calendar days. In computing any period of time prescribed by this code or the ensuing regulations the day of the event from which the designated period of time begins to run is not included. If the final day of the designated period falls on a Saturday, Sunday, or a legal holiday for the county, then the period shall run to the end of the next business day.

“Debarment” means the disqualification of a person to receive invitations for bids, or requests for proposals, or the award of a contract by the county, for a specified period of time commensurate with the seriousness of the offense or the failure or inadequacy of performance.

“Department/Division/Unit” means any body of the county, which utilizes any supplies, services, or construction purchased under this code.

“Employee” means an individual drawing a salary from Colleton County government, whether elected or not.

“Established catalog price” means the price included in a catalog, price list, schedule, or other form that:

1. Is regularly maintained by a manufacturer or vendor of an item;

2. Is either published or otherwise available for inspection by customers;

3. State prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for the supplies or services involved.

“Grant” means the furnishing by the state of South Carolina or the United States government of assistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award the primary purpose of which is to procure specified end products, whether in the form of supplies, services or construction. A contract resulting from such an award shall not be deemed a grant but a procurement contract.

“Information technology (IT)” means data processing, telecommunications and office systems technologies and services:

1. “Data processing” means the automated collection, storage, manipulation and retrieval of data including: central processing units for micro, mini and mainframe computers; related peripheral equipment such as terminals, document scanners, word processors, intelligent copiers, off-line memory storage and printing systems, data transmission equipment; and related software such as operating systems, library and maintenance routines and applications programs.

2. “Telecommunications” means voice, data, message and video transmissions, and includes the transmission and switching facilities of public telecommunications systems, as well as operating and network software.

3. “Office systems technology” means office equipment such as typewriters, duplicating and photocopy machines, paper forms and records; microfilm and microfiche equipment and printing equipment and services.

4. “Services” means the providing of consultant assistance for any aspect of information technology, systems, and networks.

“Information technology management officer” means the person holding the position as the head of the information technology/management information office of the county.

“Invitation for bids” means a written or published solicitation issued by an authorized procurement officer for bids to contract for the procurement or disposal of stated supplies, services or construction, which will ordinarily result in the award of the contract to the responsible bidder.

“Office” means a non-mobile place for the regular transaction of business or performance of a particular service and staffed by at least one employee on a routine basis.

“Political subdivision” means all counties, municipalities, school districts, public service or special purpose districts.

“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 contracts, and all phases of contract administration and shall meet all regulations as outlined in this section and the Colleton County Budget Ordinance to be considered a valid county procurement with obligates county funds.

“Procurement officer” means any person duly authorized by the Colleton County government, in accordance with procedures prescribed by regulation, to enter into and administer contracts and make written determinations and findings with respect thereto. The term also includes an authorized representative of the governmental body within the scope of his or her authority. For the purposes of this section, the purchasing manager in the finance office is the only duly authorized procurement officer and this definition is subject to change via resolution by Colleton County council as recommended by the county administrator.

“Purchase description” means specifications or any other document describing the supplies, services or construction to be procured.

“Real property” means any land, all things growing on or attached thereto, and all improvements made thereto including buildings and structures located thereon.

“Release form waiver” means a form releasing Colleton County government from any liability.

“Request for proposals (RFP)” means a written or published solicitation issued by the chief procurement officer for proposals to provide supplies or services, which ordinarily result in the award of the contract to the responsible bidder making the proposal determined to be most advantageous to Colleton County. The award of the contract must be made on the basis of evaluation factors, which must be stated in the RFP.

“Responsible bidder or offeror” means a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability, which will assure good faith performance which may be substantiated by past performance.

“Responsive bidder or offeror” means a person who has submitted a bid or offer which conforms in all material aspects to the invitation for bids or request for proposals.

“Services” means the furnishing of labor, time, or effort by a contractor not required to deliver a specific end product, other than reports which are merely incidental to required performance. This term includes consultant services other than architectural, engineering, land surveying, construction management, and related services. This term does not include employment agreements or services as defined in this section.

“State” means the state of South Carolina government.

“Subcontractor” means any person having a contract to perform work or render service to a prime contractor as a part of the prime contractor’s agreement with Colleton County government.

“Supplies” means all personal property including but not limited to equipment, materials, printing, and insurance.

“Suspension” means the disqualification of a person to receive invitations for bids, requests for proposals, or the award of a contract by Colleton County, for a temporary period pending the completion of an investigation and any legal proceedings that may ensue because a person is suspected upon probable cause of engaging in criminal, fraudulent, or seriously improper conduct or failure or inadequacy of performance which may lead to debarment.

“Term contract” means a contract established by the chief procurement officer for a specific product or service for a specified time and for which it is mandatory that all governmental bodies procure their requirements for the goods and services during its term. If Colleton County government is offered goods and services at a price that is at least ten percent less than the term contract price for the same goods or services, it may purchase from the vendor offering the lower price after first offering the vendor holding the term contract the option to meet the lower price. If the vendor holding the term contract meets the lower price, then the Colleton County government must purchase from the contract vendor. A term contract may be a multi-term contract as provided in Section 3.08.300.

“Valid contract” means a contract signed and authorized by the county administrator.

“Valid purchase order” means a purchase order issued by the Colleton County finance department office. (Ord. 03-O-04 (part), 2003)