reglab/housing_qa huggingface dataset:
SC Code § 11-35-2440 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2440. Records of procurement actions.

 (1)(a) Contents of Records. A governmental body as defined in Section 11-35-310(18) shall submit quarterly a record listing all contracts made pursuant to Section 11-35-1560 (Sole Source Procurement) or Section 11-35-1570 (Emergency Procurements) to the chief procurement officers. The record must contain:  (i) each contractor's name;  (ii) the amount and type of each contract;  (iii) a listing of supplies, services, information technology, or construction procured under each contract.  (b) The chief procurement officers shall maintain these records for five years.  (2) Publication of Records. A copy of the record must be submitted to the board on an annual basis and must be available for public inspection.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 37.
SC Code § 11-35-2610 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2610. Definitions of terms used in this article.

 As used in this article, the term "specifications" means any technical or purchase description or other description of the physical or functional characteristics, or of the nature of a supply, service, or construction item. It may also include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.  Subarticle 3  Specifications
SC Code § 11-35-2710 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2710. Issuance of specifications; duties of the board.

 The board shall promulgate regulations governing the preparation, maintenance, and content of specifications for supplies, services, information technology, and construction required by the State.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 38.
SC Code § 11-35-2720 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2720. Duties of the chief procurement officers and the using agencies.

 The chief procurement officers may prepare or review, issue, revise, and maintain the specifications for supplies, services, information technology, and construction required by the State, except for supplies, services, information technology, and construction items procured by the governmental bodies pursuant to Sections 11-35-1550, 11-35-1570, and 11-35-3230, the specification for which must be prepared and maintained by the using agencies in accordance with the provisions of this article and regulations promulgated under it and monitored periodically by the chief procurement officers.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 39.
SC Code § 11-35-2730 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2730. Assuring competition.

 All specifications shall be drafted so as to assure cost effective procurement of the state's actual needs and shall not be unduly restrictive.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
SC Code § 11-35-2740 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2740. Relationship with using agencies.

 The chief procurement officers shall obtain advice and assistance from the personnel of the using agencies in the development of specifications, whether through user committees or through the advisory committees, and may delegate in writing to a using agency the authority to prepare and utilize its own specifications. Specifications shall be drawn in such a manner as to ensure maximally cost effective procurement, consistent with regulations promulgated by the board.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
SC Code § 11-35-2750 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2750. Specifications prepared by architects and engineers.

 The requirements of this article regarding the nonrestrictiveness of specifications apply to each solicitation and include, among other things, all specifications prepared by architects, engineers, designers, draftsmen, and land surveyors for state contracts.  HISTORY: 1981 Act No. 148, Section 1; 1986 Act No. 510, Section 10; 1997 Act No. 153, Section 1, June 13, 1997.
SC Code § 11-35-3010 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-3010. Choice of project delivery method.

 (1) Selection of Method. The project delivery method used for a state construction project must be that method which is most advantageous to the State and results in the most timely, economical, and successful completion of the construction project. The governmental body shall select, in accordance with regulations of the board, the appropriate project delivery method for a particular project and shall state in writing the facts and considerations leading to the selection of that particular method.  (2) State Engineer's Office Review. The governmental body shall submit its written report stating the facts and considerations leading to the selection of the particular project delivery method to the State Engineer's Office for its review.  (3) Approval or Disagreement by State Engineer's Office. The State Engineer's Office has ten days to review the data submitted by the governmental body to determine its position with respect to the particular project delivery method recommended for approval by the governmental body, and to notify the governmental body of its decision in writing. If the State Engineer's Office disagrees with the project delivery method selected, it may contest it by submitting the matter to the board for decision. Written notification by the State Engineer's Office to the governmental body of its intention to contest the project delivery method selected must include its reasons. The board shall hear the contest at its next regularly scheduled meeting after notification of the governmental body. If the board rules in support of the State Engineer's Office position, the governmental body shall receive written notification of the decision. If the board rules in support of the governmental body, the governmental body must be notified in writing and by that writing be authorized to use that project delivery method as previously recommended by the governmental body on the particular construction project.  (4) In addition to the requirement of subsection (1), use of the project delivery methods authorized by Section 11-35-3005(1)(e), (1)(f), and (2) must be approved by the board if the total potential value of the overall transaction exceeds twenty-five million dollars.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2008 Act No. 174, Section 12; 2019 Act No. 41 (S.530), Section 38, eff May 13, 2019.  Editor's Note  2008 Act No. 174, Section 21, provides as follows:  "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008."  2019 Act No. 41, Section 80, provides as follows:  "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."  Effect of Amendment  2019 Act No. 41, Section 38, added (4).
SC Code § 11-35-3021 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-3021. Subcontractor substitution.

 (1) After notice of an award or intended award has been given, whichever is earlier, the prospective contractor identified in the notice may not substitute a business as subcontractor in place of a subcontractor listed in the prospective contractor's bid or proposal, except for one or more of the following reasons:  (a) upon a showing satisfactory to the governmental body by the prospective contractor that:  (i) the listed subcontractor is not financially responsible;  (ii) the listed subcontractor's scope of work did not include a portion of the work required in the plans and specifications, and the exclusion is not clearly set forth in the subcontractor's original bid;  (iii) the listed subcontractor was listed as a result of an inadvertent clerical error, but only if that request is made within four working days of opening;  (iv) the listed subcontractor failed or refused to submit a performance and payment bond when requested by the prospective contractor after the subcontractor had represented to the prospective contractor that the subcontractor could obtain a performance and payment bond; and  (v) the listed subcontractor must be licensed and did not have the license at the time required by law;  (b) if the listed subcontractor fails or refuses to perform his subcontract;  (c) if the work of the listed subcontractor is found by the governmental body to be substantially unsatisfactory;  (d) upon mutual agreement of the contractor and subcontractor; and  (e) with the consent of the governmental body for good cause shown.  (2) The request for substitution must be made to the governmental body in writing. This written request does not give rise to a private right of action against the prospective contractor in the absence of actual malice.  (3) If substitution is allowed, the prospective contractor, before obtaining prices from another subcontractor, must attempt in good faith to negotiate a subcontract with at least one subcontractor whose bid was received before the submission of the prospective contractor's offer. This section does not affect a contractor's ability to request withdrawal of a bid in accordance with the provisions of this code and the regulations promulgated pursuant to it.  (4) This section applies to a procurement conducted using the source selection methods authorized by Section 11-35-3015(2)(b), (3), (5), (6), (7), and (8).  HISTORY: 2008 Act No. 174, Section 4.  Editor's Note  2008 Act No. 174, Section 21, provides as follows:  "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008."
SC Code § 11-35-3023 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-3023. Prequalification on state construction.

 In accordance with this section, the applicable section of Article 5, and procedures published by the State Engineer, a governmental body may limit participation in a solicitation for construction to only those businesses, including potential subcontractors, that are prequalified. The prequalification process may be used only with the approval and supervision of the State Engineer's Office. If fewer than two businesses are prequalified, the prequalification process must be canceled.  HISTORY: 2008 Act No. 174, Section 4; 2019 Act No. 41 (S.530), Section 41, eff May 13, 2019.  Editor's Note  2008 Act No. 174, Section 21, provides as follows:  "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008."  2019 Act No. 41, Section 80, provides as follows:  "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."  Effect of Amendment  2019 Act No. 41, Section 41, rewrote the section.
SC Code § 11-35-3035 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-3035. Errors and omissions insurance.

 Regulations shall be promulgated that specify when a governmental body shall require offerors to provide appropriate errors and omissions insurance to cover architectural and engineering services under the project delivery methods set forth in Section 11-35-3005(1)(a), (d), (e), and (f).  HISTORY: 2008 Act No. 174, Section 5.  Editor's Note  2008 Act No. 174, Section 21, provides as follows:  "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008."
SC Code § 11-35-3037 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-3037. Other forms of security.

 The governmental body may require one or more of the following forms of security to assure the timely, faithful, and uninterrupted provision of operations and maintenance services procured separately or as one element of another project delivery method:  (a) operations period surety bonds that secure the performance of the contractor's operations and maintenance obligations;  (b) letters of credit in an amount appropriate to cover the cost to the governmental body of preventing infrastructure service interruptions for a period up to twelve months; and  (c) appropriate written guarantees from the contractor, or depending upon the circumstances, from a parent corporation, to secure the recovery of reprocurement costs to the governmental body if the contractor defaults in performance.  HISTORY: 2008 Act No. 174, Section 5.  Editor's Note  2008 Act No. 174, Section 21, provides as follows:  "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008."
SC Code § 11-35-3050 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-3050. Cost principles regulations for construction contractors.

 The board may promulgate regulations setting forth cost principles which shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under provisions in construction contracts which provide for the reimbursement of costs.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
SC Code § 11-35-3060 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-3060. Fiscal responsibility.

 Every contract modification, change order, or contract price adjustment under a construction contract with the State is subject to Sections 2-47-40 and 2-47-50.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 43.
SC Code § 11-35-3070 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-3070. Approval of architectural, engineering, or construction changes which do not alter general scope or intent or exceed approved budget.

 Consistent with any applicable regulation of the board, a governmental body may approve and pay for amendments to architectural/engineering contracts and change orders to construction contracts, within the governmental body's authority, which do not alter the general scope or intent of the project and which do not exceed the previously approved project budget.  HISTORY: 2008 Act No. 174, Section 6; 2019 Act No. 41 (S.530), Section 45, eff May 13, 2019.  Editor's Note  2008 Act No. 174, Section 21, provides as follows:  "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008."  2019 Act No. 41, Section 80, provides as follows:  "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."  Effect of Amendment  2019 Act No. 41, Section 45, substituted "Consistent with any applicable regulation of the board, a" for "A", "authority" for "certification" and "general scope" for "original scope".  Subarticle 5  Architect-Engineer, Construction Management, and Land Surveying Services
SC Code § 11-35-3210 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-3210. Policy.

 Policy. It is the policy of this State to announce publicly all requirements for architect-engineer, construction management, and land surveying services and to negotiate contracts for such services on the basis of demonstrated competence and qualification for the particular type of services required and at fair and reasonable prices.  HISTORY: 1981 Act No. 148, Section 1; 1993 Act No. 178, Section 32; 1997 Act No. 153, Section 1; 2008 Act No. 174, Section 15.  Editor's Note  2008 Act No. 174, Section 21, provides as follows:  "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008."
SC Code § 11-35-3215 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-3215. Preference for resident design service; definitions; exceptions.

 (A) As used in this section:  (1) "Design services" means architect-engineer, construction management, or land surveying services as defined in Section 11-35-2910 and awarded pursuant to Section 11-35-3220.  (2) "Resident" means a business that employs, either directly or through consultants, an adequate number of persons domiciled in South Carolina to perform a majority of the design services involved in the procurement.  (B) A business responding to an invitation involving design services shall submit a certification with its response stating whether the business is a resident for purposes of the procurement. Submission of a certification under false pretenses is grounds for suspension or debarment.  (C) An award to a nonresident of a contract involving design services must be supported by a written determination explaining why the award was made to the selected firm.  (D) In an evaluation conducted pursuant to Section 11-35-3220, a resident firm must be ranked higher than a nonresident firm if the agency selection committee finds the two firms otherwise equally qualified.  (E) This section does not apply to a procurement if either the procurement does not involve construction or the design services are a minor accompaniment to a contract for nondesign services.  HISTORY: 2006 Act No. 375, Section 1; 2009 Act No. 72, Section 4.  Editor's Note  2009 Act No. 72, Section 6 provides as follows:  "This act takes effect upon approval by the Governor and applies to solicitations issued after that date; except that Sections 1, 2, and 4 of this act take effect upon and apply to solicitations issued after the first Monday in September following approval by the Governor."
SC Code § 11-35-3230 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-3230. Exception for small architect-engineer, construction management and land surveying services contract.

 (1) Procurement Procedures for Certain Contracts. A governmental body securing architect-engineer, construction management, or land surveying services which are estimated not to exceed fifty thousand dollars may award contracts by direct negotiation and selection, taking into account:  (a) the nature of the project;  (b) the proximity of the architect-engineer or land surveying services to the project;  (c) the capability of the architect, engineer, or land surveyor to produce the required service within a reasonable time;  (d) past performance; and  (e) ability to meet project budget requirements.  (2) Maximum Value of Small Contracts with One Person or Firm. The total value of contracts awarded to a single architectural engineering, construction management, or land surveying firm by a single governmental body pursuant to subsection (1) may not exceed one hundred fifty thousand dollars in a twenty-four-month period. Persons or firms seeking to render professional services pursuant to this section shall furnish the governmental body with whom the firm is negotiating a list of professional services, including fees paid for them, performed for the governmental body during the fiscal year immediately preceding the fiscal year in which the negotiations are occurring and during the fiscal year in which the negotiations are occurring.  (3) Submission of Contracts to State Engineer's Office. Copies of contracts, including the negotiated scope of services and fees, awarded pursuant to this section must be submitted to the State Engineer's Office for information.  (4) Splitting of Larger Projects Prohibited. A governmental body may not break a project into small projects for the purpose of circumventing the provisions of Section 11-35-3220 and this section.  (5) When negotiating a contract pursuant to this section, a governmental body may not negotiate with a firm unless any unsuccessful negotiations with a different firm have been concluded in writing. Once negotiations with a firm have been concluded, negotiations may not be reopened.  HISTORY: 1981 Act No. 148, Section 1; 1993 Act No. 178, Section 34; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 45; 2008 Act No. 174, Section 17; 2019 Act No. 41 (S.530), Section 47, eff May 13, 2019.  Editor's Note  2008 Act No. 174, Section 21, provides as follows:  "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008."  2019 Act No. 41, Section 80, provides as follows:  "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."  Effect of Amendment  2019 Act No. 41, Section 47, rewrote the section.
SC Code § 11-35-3240 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-3240. Manual for planning and execution of state permanent improvements.

 As relates to this code and the ensuing regulations, a "Manual for Planning and Execution of State Permanent Improvements" may be published by the board or its designee for use by governmental bodies and included, by reference, in the regulations of the board. The manual may be revised as the board considers necessary, except that proposed changes are not effective until the board has provided the public at least sixty days to make written comments after notice of the proposed changes is published in South Carolina Business Opportunities.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 46.