Procurement Code - Intergovernmental Relations

Definitions

Cooperative Purchasing

A. Definitions

1. Definitions of Terms used in this Article.

a. "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one public procurement unit.b. "Local public procurement unit" means any political subdivision or unit thereof, which expends public funds for the procurement of supplies, services, equipment or construction.c. "Mandatory opting" is the requirement for a local procurement unit to choose whether to utilize a state contract before it is established as prescribed in regulation by the State.

d. "Purchasing Services" means the procurement unit of the District.

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B. Cooperative Purchasing

1. Cooperative Purchasing Authorized. Purchasing Services may participate in, sponsor, conduct or administer a cooperative purchasing agreement for the procurement of any supplies, services, equipment or construction with one or more public agencies in accordance with an agreement entered into between the participants. Such cooperative purchasing may include, but is not limited to, joint or multi-party contracts between public agencies and open-ended state public procurement unit contracts which shall be made available to local public procurement units, except as provided in Selective Mandatory Opting or except as may otherwise be limited by the District through regulations.
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2. Selective Mandatory Opting. The District may in accordance with State regulations purchase from or through the State at any time; provided, however, that the State may impose a requirement upon the District for mandatory opting in or out of any particular contract before it is established.
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3. Sale, Acquisition or Use of Supplies by Purchasing Services. Purchasing Services may sell to, acquire from, or use any supplies belonging to another public agency in accordance with the requirements of Articles III (Source Selection and Contract Formation) and VIII (Supply Management) of this Code; provided, that such procurement shall take place only when the procuring entities have good reason to expect the intergovernmental procurement to be more cost effective than doing their own procurement.
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4. Cooperative Use of Supplies or Services. Purchasing Services may enter into an agreement in accordance with the requirements of Articles III (Source Selection and Contract Formation) and VIII (Supply Management) of this Code with any other public agency for the cooperative use of supplies or services under the terms agreed upon between the parties; provided, that such cooperative use of supplies or services shall take place only when the public agencies have good reason to expect the cooperative use to be more cost effective than utilizing their own supplies and services
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5. Joint Use of Facilities.
The District may enter into agreements for the common use or lease of warehousing facilities, capital equipment and other facilities with another public agency under the terms agreed upon between the parties and approved by the Board.
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6. Supply of Personnel, Information and Technical Services.

a. Supply of Personnel. Purchasing Services, in its discretion, upon written request from another public agency, may provide personnel services to the requesting public agency with or without pay by requesting public agency as may be agreed upon by the parties involved.b. Supply of Services. The informational, technical, and other services of Purchasing Services may be made available to other public agencies provided that the requirements of Purchasing Services to the District shall have precedence over the requesting public agency. Payment, if any, shall be in accordance with an agreement reached between the parties.c. District Information Services. Upon request, the Procurement Officer may make available to public agencies the following services among others:

 

(1) standard forms;(2) printed manuals;(3) product specifications and standards;(4) quality assurance testing services and methods;(5) qualified products lists;(6) source information;(7) common use commodities listings;(8) supplier prequalification information;(9) supplier performance ratings;(10) debarred and suspended bidders lists;(11) forms for invitations for bids, requests for proposals, instruction to bidders, general contract provisions and other contract forms;

(12) contracts or published summaries thereof, including price and time of delivery information.

d. Fees. The Procurement Officer may enter into contractual arrangements for fees for services provided.

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7. Use of Payments Received by Purchasing Services. All payments from any public agency received by the District for supplying services shall be governed by any provisions of law and deposited in the District's general funds.
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8. Public Agencies in Compliance with Code Requirements. Where the District administers a cooperative purchase in compliance with the requirements of this Code, any public agency participating in such a purchase shall be deemed to have complied with this Code. Public agencies shall not enter into a cooperative purchasing agreement for the purpose of circumventing the South Carolina Procurement Code.
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9. Review of Procurement Requirement. The Procurement Officer may collect information concerning the type, cost, quality and quantity of commonly used supplies, services, equipment or construction being procured or used by local public agencies, which shall be required to respond appropriately as a precondition for participation in cooperative purchasing. The Procurement Officer shall make available all such information to any public agency upon request.

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