reglab/housing_qa huggingface dataset:
SC Code § 11-35-1570 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-1570. Emergency procurements; public notice.

 (A) Notwithstanding any other provision of this code, the chief procurement officer, the head of a purchasing agency, or a designee of either officer may award or authorize others to award emergency contracts only when there exists an immediate threat to public health, welfare, critical economy and efficiency, or safety under emergency conditions as defined in regulations promulgated by the board; and provided, that such emergency procurements shall be made with as much competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.  (B) When a contract entered pursuant to subsection (A) has a total or potential value in excess of fifty thousand dollars, notice of the award must be posted in South Carolina Business Opportunities (SCBO) as soon as practicable thereafter. The posted notice must contain a statement of the right to protest under Section 11-35-4210(1).  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 27, eff May 13, 2019.  Editor's Note  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 27, inserted the (A) identifier and added (B); and in (A), in the first sentence, substituted "award" for "make" in two places and substituted "emergency contracts" for "emergency procurements".
SC Code § 11-35-1575 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-1575. Participation in auction or sale of supplies from bankruptcy.

 A governmental body having knowledge of either an auction or a sale of supplies from a bankruptcy may elect to participate. The governmental body shall (a) survey the needed items being offered to ascertain their condition and usefulness, (b) determine a fair market value for new like items through informal quotes, (c) determine the fair market value from similar items considering age and useful life, and (d) estimated repair cost and delivery cost, if any, of the desired items. Using this information, the governmental body shall determine the maximum price that it can pay for each item desired. At the auction or sale, the governmental body shall not exceed the maximum price so determined.  HISTORY: 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 31.
SC Code § 11-35-1710 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-1710. Cancellation of invitation for bids or request for proposals.

 Any solicitation under this code may be cancelled, or any or all bids or proposals may be rejected in whole or part as may be specified in the solicitation, when it is in the best interest of the State. The reasons for rejection, supported with documentation sufficient to satisfy external audit, shall be made a part of the contract file.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.  Subarticle 7  Responsibility of Bidders and Offerors
SC Code § 11-35-1810 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-1810. Responsibility of bidders and offerors.

 (1) Determination of Responsibility. Responsibility of the bidder or offeror shall be ascertained for each contract let by the State based upon full disclosure to the procurement officer concerning capacity to meet the terms of the contracts and based upon past record of performance for similar contracts. The board shall by regulation establish standards of responsibility that shall be enforced in all state contracts.  (2) Determination of Nonresponsibility. A written determination of nonresponsibility of a bidder or offeror shall be made in accordance with regulations promulgated by the board. The unreasonable failure of a bidder or offeror to supply information promptly in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such bidder or offeror.  (3) Right of Nondisclosure. Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the offices of the board, the Office of the Attorney General, the using agency, or the purchasing agency without prior written consent by the bidder or offeror.  (4) Public procurement units, as defined in Section 11-35-4610, may provide information to one another relating to the responsibility or prior performance of a bidder or offeror, or provide any other information about a bidder or offeror that is otherwise related to procurement. Any person affiliated with a public procurement unit in an official capacity, who provides such information in good faith, is immune from civil and criminal liability which might otherwise result by reason of his actions. In all such civil or criminal proceedings, good faith is a rebuttable presumption.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 29, eff May 13, 2019.  Editor's Note  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 29, in (3), in the second sentence, inserted "the using agency," and added (4).
SC Code § 11-35-1820 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-1820. Prequalification of supplies and suppliers.

 The board shall be authorized to provide by regulation for prequalification of suppliers or supplies.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
SC Code § 11-35-1830 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-1830. Cost or pricing data.

 (1) Contractor Certification. A contractor shall, except as provided in subsection (3) of this section, submit cost or pricing data and shall certify that, to the best of his knowledge and belief, the cost or pricing data submitted is accurate, complete, and current as of mutually determined specified date prior to the date of:  (a) the pricing of any contract awarded by competitive sealed proposals pursuant to Section 11-35-1530, by competitive negotiations pursuant to Section 11-35-1535, or pursuant to the sole source procurement authority as provided in Section 11-35-1560 where the total contract price exceeds an amount established by the board in regulations; or  (b) the pricing of any change order or contract modification which exceeds an amount established by the board in regulations.  (2) Price Adjustment. Any contract, change order, or contract modification under which a certificate is required shall contain a provision that the price to the State, including profit or fee, shall be adjusted to exclude any significant sums by which the State finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date agreed upon between parties.  (3) Cost or Pricing Data Not Required. The requirements of this section shall not apply to contracts:  (a) where the contract price is based on adequate price competition;  (b) where the contract price is based on established catalog prices or market prices;  (c) where contract prices are set by law or regulations;  (d) where it is determined in writing in accordance with regulations promulgated by the board that the requirements of this section may be waived and the reasons for such waiver are stated in writing.  HISTORY: 1981 Act No. 148, Section 1; 1986 Act No. 510, Section 9; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 30, eff May 13, 2019.  Editor's Note  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 30, in (1)(a), inserted ", by competitive negotiations pursuant to Section 11-35-1535," and made a nonsubstantive change.
SC Code § 11-35-1840 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-1840. Promulgation of regulations.

 The board may promulgate regulations to prescribe responsibilities, general rules, and procedures for identifying, evaluating, and resolving organizational conflicts of interest. The aims of such regulations are preventing the existence of conflicting roles that might bias a contractor's judgement, and preventing unfair competitive advantage.  HISTORY: 2019 Act No. 41 (S.530), Section 31, eff May 13, 2019.  Editor's Note  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."  Subarticle 9  Types and Forms of Contracts
SC Code § 11-35-2010 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2010. Types of contracts; contracting documents and usage instructions.

 (1) Types of Contracts. Subject to the limitations of this section, any type of contract that will promote the best interests of the State may be used, except that the use of a cost-plus-a-percentage-of- cost contract must be approved by the appropriate chief procurement officer. A cost-reimbursement contract, including a cost-plus-a-percentage-of-cost contract, may be used only when a determination sufficient for external audit is prepared showing that the contract is likely to be less costly to the State than any other type or that it is impracticable to obtain the supplies, services, information technology, or construction required except under that contract.  (2)(a) As used in this section:  (i) "Contracting document" means a standardized or model instrument, or a component part of it, for use as a contract, invitation for bids, request for proposals, request for qualifications, or instruction to bidders including, but not limited to, a contract clause or solicitation provision.  (ii) "Usage instructions" means directions regarding conditions for use of a contracting document, completion of a contracting document, and the process for obtaining permission, if possible, to omit or depart from the contracting document's established content for a particular solicitation or contract.  (b) The chief procurement officers may develop contracting documents for their respective areas of responsibility. Contracting documents may be published as internal operating procedures. Contracting documents may be accompanied by usage instructions.  (c) The board may adopt formally a contracting document, as developed by the appropriate chief procurement officer, for mandatory use by all governmental bodies only after notice of the proposed adoption has been published in the State Register and the board has provided the public at least sixty days to make written comments. If a contracting document is adopted by the board, the contracting document must be published in the State Register, accompanied by usage instructions, and used by all governmental bodies in accordance with its usage instructions. The chief procurement officers are not required to submit for board approval contracting documents used in connection with either solicitations issued or contracts awarded by the board or its offices.  (d) Notwithstanding item (c) above, the board may promulgate contracting documents as regulations.  HISTORY: 1981 Act No. 148, Section 1; 1993 Act No. 178, Section 25; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 33.
SC Code § 11-35-2015 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2015. Effect of contract or amendment.

 A contract or amendment thereto, including, but not limited to, a change order or contract modification, is not effective against a governmental body unless the contract or amendment is in writing and signed by an officer having actual authority to bind the governmental body.  HISTORY: 2019 Act No. 41 (S.530), Section 32, eff May 13, 2019.  Editor's Note  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."
SC Code § 11-35-2020 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2020. Approval of accounting system.

 The chief procurement officer, the head of a purchasing agency, or a designee of either officer may require that:  (1) the proposed contractor's accounting system shall permit timely development of all necessary cost data in the form required by the specific contract type contemplated;  (2) the proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
SC Code § 11-35-2030 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2030. Multiterm contracts.

 (1) Specified Period. Unless otherwise provided by law, a contract for supplies, services, or information technology must not be entered into for any a period of more than one year unless approved in a manner prescribed by regulation of the board. The term of the contract and conditions of renewal or extension must be included in the solicitation and funds must be available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods must be subject to the availability and appropriation of funds for them.  (2) Determination Prior to Use. Before the utilization of a multiterm contract, it must be determined in writing by the appropriate governmental body that:  (a) estimated requirements cover the period of the contract and are reasonably firm and continuing; and  (b) such a contract serves the interest of the State by encouraging effective competition or otherwise promoting economies in state procurement.  (3) Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract must be canceled.  (4) Maximum Duration. The maximum potential duration for a contract is five years. A maximum potential duration of up to seven years may be approved by the appropriate chief procurement officer.  (5) Authority Approval. Every type of contract with a maximum potential duration exceeding seven years must be approved by the board. For competitive procurements, approval of the maximum potential duration must be granted before solicitation.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 34; 2019 Act No. 41 (S.530), Section 33, eff May 13, 2019.  Editor's Note  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 33, in (2)(b), substituted "interest" for "best interests"; rewrote (4); and added (5).
SC Code § 11-35-2040 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2040. Inapplicable laws.

 The following laws are inapplicable to contracts solely for the procurement of commercially available off-the-shelf products pursuant to Section 11-35-1550:  (1) Chapter 14, Title 8, Unauthorized Aliens and Public Employment;  (2) Section 11-9-105, Contracts for Legal or Consultant Services;  (3) Section 11-35-5300, Prohibition of Contracting with Discriminatory Business;  (4) Chapter 57, Title 11, Iran Divestment Act;  (5) Chapter 107, Title 44, Drug-Free Workplace Act; and  (6) any other provision of law identified by regulation of the board, that the board determines sets forth policies, procedures, or requirements that impact the procurement of commercially available off-the-shelf products by the State, except for a provision of law that: (i) provides for criminal or civil penalties; (ii) appears in Article 17 of this chapter; or (iii) specifically refers to this section and provides that, notwithstanding this section, it is applicable to contracts for the procurement of commercially available off-the-shelf products.  HISTORY: 2019 Act No. 41 (S.530), Section 34, eff May 13, 2019.  Editor's Note  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."
SC Code § 11-35-2050 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2050. Void contract terms or conditions.

 Any term or condition in any contract entered into by the State that requires the State to defend, indemnify, or hold harmless another person, must be void ab initio, unless such term is expressly authorized by law. All contracts must be governed by South Carolina law. Without limiting the applicability of Section 11-35-4230, the exclusive venue for any dispute arising out of or related to any contract is in South Carolina. Any contract containing any terms or conditions inconsistent with any of the foregoing are otherwise enforceable as if it did not contain such term or condition.  HISTORY: 2019 Act No. 41 (S.530), Section 35, eff May 13, 2019.  Editor's Note  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."
SC Code § 11-35-2060 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2060. Material changes prohibited.

 A change order or a contract modification may not alter a contract in a manner or degree inconsistent with the underlying purposes and policies of this code or the regulations of the board.  HISTORY: 2019 Act No. 41 (S.530), Section 28, eff May 13, 2019.  Code Commissioner's Note  At the direction of the Code Commissioner, Section 11-35-1610, as added by 2019 Act No. 41, Section 28, was redesignated as Section 11-35-2060 and placed under Subarticle 9.  Editor's Note  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."  Subarticle 11  Inspection of Plant and Audit of Records
SC Code § 11-35-2210 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2210. Right to inspect plant.

 The appropriate chief procurement officer or his designee is authorized, at reasonable times, to inspect the part of the plant or place of business of a contractor or subcontractor which is related to the performance of a contract awarded or to be awarded by the State.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 35.
SC Code § 11-35-2220 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2220. Right to audit records.

 (1) Audit of Cost or Pricing Data. All state contracts shall contain a clause setting forth the state's right at reasonable times and places to audit the books and records of any contractor or subcontractor who has submitted cost or pricing data pursuant to Section 11-35-1830 to the extent that such books and records relate to such cost or pricing data. The contract shall further set forth that the contractor or subcontractor who receives a contract, change order, or contract modification for which cost or pricing data is required, shall maintain such books and records that relate to such cost or pricing data for three years from the date of final payment under the contract, unless a shorter period is otherwise authorized in writing by the chief procurement officer; provided, however, that such records shall be retained for additional periods of time beyond this three-year period upon request of the chief procurement officer.  (2) Contract Audit. The State shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed price contract to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing by the chief procurement officer.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.  Subarticle 13  Determinations and Reports
SC Code § 11-35-2420 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2420. Reporting of anticompetitive practices; privileged communications.

 (A) When any information or allegations concerning anticompetitive practices among any bidders or offerors, come to the attention of any employee of the State, immediate notice of the relevant facts shall be transmitted to the Office of the Attorney General.  (B) Communications to the Office of the Attorney General and any testimony relating to the matters described in Section 11-35-2420(A) are privileged and may not be disclosed without prior approval of the Office of the Attorney General. A person required or permitted to report pursuant to Section 11-35-2420(A) or who participates in an investigation or judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil or criminal proceedings, good faith is a rebuttable presumption.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 37, eff May 13, 2019.  Editor's Note  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 37, inserted the (A) identifier; in (A), inserted "Office of the"; and added (B).
SC Code § 11-35-2430 (2021)
2021 South Carolina Code of Laws|Title 11 - Public Finance|Chapter 35 - South Carolina Consolidated Procurement Code|Section 11-35-2430. Retention of procurement records.

 All procurement records of governmental bodies shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the Department of Archives and History after consultation with the Attorney General. All retained documents shall be made available to the Attorney General or a designee upon request and proper receipt therefor.  HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.