reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-3005. Project delivery methods authorized.

(1) The following project delivery methods are authorized for procurements relating to infrastructure facilities:
(a) design-bid-build;
(b) construction management at-risk;
(c) operations and maintenance;
(d) design-build;
(e) design-build-operate-maintain; and
(f) design-build-finance-operate-maintain.
(2) In addition to those methods identified in item (1), the board, by regulation, and the State Engineer, in accordance with Section 11-35-3010, may:
(a) approve as an alternate project delivery method any combination of design, construction, finance, and services for operations and maintenance of an infrastructure facility; and
(b) allow or require the governmental body to follow any of the additional procedures established by Section 11-35-3024.
(3) Participation in a report or study that is later used in the preparation of design requirements for a project does not disqualify a firm from participating as a member of a proposing team in a construction management at-risk, design-build, design-build-operate-maintain, or design-build-finance-operate-maintain procurement unless the participation provides the business with a substantial competitive advantage. In the Manual for Planning and Execution of State Permanent Improvements, the State Engineer may establish guidance for the application of this item by governmental bodies.
HISTORY: 2008 Act No. 174, Section 2.
Editor's Note
2008 Act No. 174, Section 1, provides as follows:
"The General Assembly finds that:
"(1) it adopted a modified version of the 1979 ABA Model Procurement Code for State and Local Governments when it enacted 1981 Act No. 148. Since then, the ABA has revised its recommended model by adopting the 2000 ABA Model Procurement Code for State and Local Governments, which it developed in cooperation with, among others, the National Association of State Procurement Officials, the National Institute of Governmental Purchasing, the American Consulting Engineers Council, the Design Professionals Coalition, the Council on the Federal Procurement of A/E Services, the Engineers Joint Contracts Document Committee, and the National Society of Professional Engineers. One of the primary goals of the revision project was to encourage the competitive use of new forms of project delivery in public construction procurement; and
"(2) it is the intent of the General Assembly to facilitate the use of these alternate forms of project delivery by adopting, as modified herein, those portions of the new model code related to Article 5 (Procurement of Infrastructure Facilities and Services) of the model code. To that end, the relevant official comments to the model code, and the construction given to the model code, should be examined as persuasive authority for interpreting and construing the new code provisions created by this act."
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."
2023 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).
2023 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."
2023 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.
2023 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."
2023 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."
2023 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.
2023 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.
2023 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
2023 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."
2023 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."
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-3245. Architect, engineer, or construction manager; performance of other work.

(a) An architect or engineer performing design work, or a construction manager performing construction management services, both as described in Section 11-35-2910(1) and (3), under a contract awarded pursuant to the provisions of Section 11-35-3220 or Section 11-35-3230, may not perform other work, by later amendment or separate contract award, on that project as a contractor or subcontractor either directly or through a business in which he or his architectural engineering or construction management firm has greater than a five percent interest.
(b) For purposes of this section, safety compliance and other incidental construction support activities performed by the construction manager are not considered work performed as a contractor or subcontractor. If the construction manager performs or is responsible for safety compliance and other incidental construction support activities, and these support activities are in noncompliance with the provisions of Section 41-15-210, then the construction management firm is subject to all applicable fines and penalties.
(c) This section applies only to procurements for construction using the design-bid-build project delivery method.
HISTORY: 1991 Act No. 4, Section 1; 1994 Act No. 345, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 47; 2008 Act No. 174, Section 18.
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."
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-3305. Establishment of indefinite quantity contracts.

With the approval of the appropriate chief procurement officer, and in accordance with any applicable regulations, a procurement officer may establish contracts providing for an indefinite quantity, within state maximum or minimum limits, of specified supplies, service, or information technology, to be furnished during a fixed period, and that provide for the issuance of orders for delivery or performance of individual requirements during the period of the contract. The appropriate chief procurement officer may establish the contracts on behalf of any governmental body or for use by any public procurement unit.
HISTORY: 2019 Act No. 41 (S.530), Section 48, 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."
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-3310. Indefinite quantity contracts for architectural-engineering and land-surveying services.

(1) General Applicability. Indefinite quantity contracts may be awarded on an as-needed basis for architectural-engineering and land-surveying services pursuant to Section 11-35-3220.
(2) Architectural-Engineering and Land-Surveying Services. When architectural-engineering and land-surveying services contracts are awarded, each contract must be limited to a total expenditure of three hundred thousand dollars for a two-year period with individual project expenditures not to exceed one hundred thousand dollars; however, for public institutions of higher learning, and for technical college service contracts authorized by the State Board for Technical and Comprehensive Education, these limits shall be five hundred thousand dollars for total expenditures and two hundred thousand dollars for individual expenditures within the time periods specified.
(3) Small Indefinite Quantity Contracts. Small indefinite quantity contracts for architectural-engineering and land-surveying services may be procured as provided in Section 11-35-3230. A contract established under this section must be subject to Section 11-35-3230, and any applicable regulations.
HISTORY: 1993 Act No. 178, Section 35; 1997 Act No. 153, Section 1; 2008 Act No. 174, Section 19; 2011 Act No. 74, Pt V, Section 7, eff August 1, 2011; 2019 Act No. 41 (S.530), Section 49, 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
The 2011 amendment rewrote the section.
2019 Act No. 41, Section 49, in (1), in the second sentence, substituted "quantity contracts" for "delivery contracts" and deleted "construction services pursuant to the procedures in Section 11-35-3015(2)(b) and for" following "as-needed basis for", deleted (a), which related to construction services, and redesignated (b) as (2) and (2) as (3); and in (3), in the first sentence, substituted "Quantity Contracts" for "Delivery Contracts", in the second sentence, substituted "quantity contracts" for "delivery contracts" and in the third sentence, substituted "applicable regulations" for "regulations promulgated except that for public institutions of higher learning, and for technical college delivery contracts authorized by the State Board for Technical and Comprehensive Education, the individual and total contract limits shall be fifty thousand and one hundred fifty thousand dollars, respectively".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-3510. Cost principles required for supplies and services contracts.

The board may promulgate regulations setting forth cost principles that must be used to determine the allowability of incurred costs for the purpose of reimbursing costs under provisions in supplies, services, and information technology contracts that provide for the reimbursement of costs.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 49.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-3620. Management of warehouses and inventory.

Until such time as the General Assembly may act upon the warehousing and inventory management plan, all powers and responsibilities for management of warehouses and inventory shall be vested in the agency owning, renting, or leasing the warehouses or inventory.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
Subarticle 3
Regulations For Sale, Lease, Transfer, and Disposal
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-3810. Regulations for sale, lease, transfer and disposal.

Subject to existing provisions of law, the board shall promulgate regulations governing:
(1) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate methods designated by such regulations;
(2) the transfer of excess supplies between agencies and departments.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-3820. Allocation of proceeds for sale or disposal of surplus supplies.

Except as provided in Section 11-35-3830 and the regulations pursuant thereto, the sale of all state-owned supplies, or personal property not in actual public use must be conducted and directed by the Department of Administration. The sales must be held at such places and in a manner as in the judgment of the department is most advantageous to the State. Unless otherwise determined, sales must be by either public auction or competitive sealed bid to the highest bidder. Each governmental body shall inventory and report to the division all surplus personal property not in actual public use held by that governmental body for sale. The department shall deposit the proceeds from the sales, less expense of the sales, in the state general fund or as otherwise directed by regulation. This policy and procedure applies to all governmental bodies unless exempt by law.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 50; 2014 Act No. 121 (S.22), Pt V, Section 7.U, eff July 1, 2015; 2019 Act No. 41 (S.530), Section 52, 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
2014 Act No. 121, Section 7.U, substituted "Division of General Services of the Department of Administration" for "designated board office"; substituted "Division of General Services" for "designated board office"; substituted "report to the division" for "report to the designated board office"; and substituted "The division shall deposit" for "The designated board office shall deposit".
2019 Act No. 41, Section 52, in the first sentence, deleted "Section 11-35-1580 and" following "Except as provided in", substituted "thereto" for "to them", and deleted "Division of General Services of the" preceding "Department of Administration", in the second sentence, substituted "department" for "Division of General Services", and in the fifth sentence, substituted "department" for "division".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-3830. Trade-in sales.

(1) Trade-in Value. Unless otherwise provided by law, governmental bodies may trade-in personal property, the trade-in value of which may be applied to the procurement or lease of like items. The trade-in value of such personal property shall not exceed an amount as specified in regulations promulgated by the board.
(2) Approval of Trade-In Sales. When the trade-in value of personal property of a governmental body exceeds the specified amount, the Department of Administration shall have the authority to determine whether:
(a) the subject personal property shall be traded in and the value applied to the purchase of new like items; or
(b) the property shall be classified as surplus and sold in accordance with the provisions of Section 11-35-3820. The department's determination shall be in writing and be subject to the provisions of this chapter.
(3) Record of Trade-In Sales. Governmental bodies shall submit quarterly to the Division of Procurement Services a record listing all trade-in sales made under subsections (1) and (2) of this section, including any applicable written determinations.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 53, 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 53, in (2), substituted "Department of Administration" for "board", and in (b), in the second sentence, substituted "The department's" for "The board's"; and in (3), substituted "Division of Procurement Services" for "materials management officer" and inserted ", including any applicable written determinations".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-3840. Licensing for public sale of certain publications and materials.

The Division of Procurement Services may license for public sale publications, including South Carolina Business Opportunities, materials pertaining to training programs, and information technology products that are developed during the normal course of its activities. The items must be licensed at reasonable costs established in accordance with the cost of the items. All proceeds from the sale of the publications and materials must be deposited in the State Treasury in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes.
HISTORY: 1982 Act No. 466, Part II, Section 26; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 51; 2014 Act No. 121 (S.22), Pt V, Section 7.U, eff July 1, 2015; 2019 Act No. 41 (S.530), Section 54, 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
2014 Act No. 121, Section 7.U, substituted "The division" for "The State Budget and Control Board", and substituted "normal course of its activities" for "normal course of the board's activities".
2019 Act No. 41, Section 54, in the first sentence, substituted "Division of Procurement Services" for "division", and rewrote the third sentence.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-3850. Sale of unserviceable supplies.

Governmental bodies approved by the Department of Administration may sell any supplies owned by it after the supplies have become entirely unserviceable and can properly be classified as "junk", in accordance with procedures established by the department. All sales of unserviceable supplies by the governmental body must be made in public to the highest bidder, after advertising for fifteen days, and the funds from the sales must be credited to the account of the governmental body owning and disposing of the unserviceable supplies.
HISTORY: 2006 Act No. 376, Section 2; 2019 Act No. 41 (S.530), Section 55, eff May 13, 2019.
Editor's Note
This section was formerly codified as Section 11-35-4020.
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 55, in the first sentence, substituted "Department of Administration" for "board" and "department" for "designated board office".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4310. Solicitations or awards in violation of the law.

(1) Applicability. The provisions of this section apply where it is determined by either the appropriate chief procurement officer or the Procurement Review Panel, upon administrative review, that a solicitation or award of a contract is in violation of the law. The remedies set forth herein may be granted by either the appropriate chief procurement officer, only after review under Section 11-35-4210, or by the Procurement Review Panel, only after review under Section 11-35-4410(1).
(2) Remedies Prior to Award. If, prior to award of a contract, it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award may be:
(a) canceled;
(b) revised to comply with the law and rebid; or
(c) awarded in a manner that complies with the provisions of this code.
(3) Remedies After Award. If, after an award of a contract, it is determined that the solicitation or award is in violation of law:
(a) the contract may be ratified and affirmed, provided it is in the interest of the State; or
(b) the contract may be terminated and the payment of such damages, if any, as may be provided in the contract, may be awarded.
(4) Entitlement to Costs. In addition to or in lieu of any other relief, when a protest submitted under Section 11-35-4210 is sustained, and it is determined that the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, then the protesting bidder or offeror may request and be awarded a reasonable reimbursement amount, including reimbursement of its reasonable bid preparation costs.
HISTORY: 1993 Act No. 178, Section 36; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 60, 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 60, in (1), in the third sentence, inserted ", only" in two places and made a nonsubstantive change; and in (3), in (a), substituted "interest of the State" for "best interests of the State", and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4315. Unauthorized award or modification of a contract.

The board may provide by regulation for appropriate action where it is discovered either: (a) that a person lacking actual authority has made an unauthorized award or modification of a contract, or (b) that a contract award or modification is otherwise in violation of the Consolidated Procurement Code or these regulations.
HISTORY: 2019 Act No. 41 (S.530), Section 61, 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."
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4320. Contract controversies.

Remedies available in a contract controversy brought under the provisions of Section 11-35-4230. The appropriate chief procurement officer or the Procurement Review Panel, in the case of review under Section 11-35-4410(1), may award such relief as is necessary to resolve the controversy as allowed by the terms of the contract or by applicable law.
HISTORY: 1993 Act No. 178, Section 36; 1997 Act No. 153, Section 1.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4330. Frivolous protests.

(1) Signature on Protest Constitutes Certificate. The signature of an attorney or party on a request for review, protest, motion, or other document constitutes a certificate by the signer that the signer has read the document, to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and it is not interposed for an improper purpose, such as to harass, limit competition, or to cause unnecessary delay or needless increase in the cost of the procurement or of the litigation.
(2) Sanctions for Violations. If a request for review, protest, pleading, motion, or other document that is filed with the chief procurement officer or the Procurement Review Panel is signed in violation of this subsection, the Procurement Review Panel, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction that may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the protest, pleading, motion, or other paper, including a reasonable attorney's fee.
(3) Filing. A motion regarding a matter that is not otherwise before the panel may not be filed until after a final decision has been issued by the appropriate chief procurement officer. A motion for sanctions pursuant to this section must be filed with the panel no later than fifteen days after the later of either the filing of a request for review, protest, motion, or other document signed in violation of this section, or the issuance of an order that addresses the request for review, protest, motion, or other document that is the subject of the motion for sanctions.
HISTORY: 1993 Act No. 178, Section 36; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 55.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4340. Rights and remedies.

There is no remedy against the State other than those provided in this chapter in any case involving a procurement subject to this code. The rights and remedies granted in this article are to the exclusion of all other rights and remedies against the State for matters arising out of or related to this code.
HISTORY: 2019 Act No. 41 (S.530), Section 62, 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 3
Review Panel
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4420. Participation in review.

The appropriate chief procurement officer and an affected governmental body shall have the opportunity to participate fully as a party in a matter pending before the Procurement Review Panel and in an appeal of a decision of the Procurement Review Panel, whether administrative or judicial.
HISTORY: 2006 Act No. 376, Section 3.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4425. Final order not appealed.

If a final order of a chief procurement officer or the Procurement Review Panel is not appealed in accordance with the provisions of this code, upon request of a party to the proceedings, the chief procurement officer or Procurement Review Panel may file a certified copy of the final ruling with a clerk of the circuit court, or a court of competent jurisdiction, as requested. After filing, the certified ruling has the same effect as a judgment of the court where filed and may be recorded, enforced, or satisfied in the same manner as a judgment of that court.
HISTORY: 2019 Act No. 41 (S.530), Section 64, 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."
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4430. Communication with panel members.

Unless required for the disposition of ex parte matters authorized by law, members or employees of the panel assigned to render a decision or to make findings of fact and conclusions of law in a matter pending before the panel shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except upon notice and opportunity for all parties to participate. A panel member: (a) may communicate with other members of the panel, and (b) may have the aid and advice of one or more personal assistants. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than two hundred fifty dollars or imprisoned for not more than six months.
HISTORY: 2019 Act No. 41 (S.530), Section 64, 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."
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4610. Definitions of terms used in this article.

As used in this article, unless the context clearly indicates otherwise:
(1) "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one public procurement unit, or by a public procurement unit with an external procurement activity.
(2) "External procurement activity" means:
(a) any buying organization not located in this State which, if located in this State, would qualify as a public procurement unit;
(b) buying by the United States government.
(3) "Local public procurement unit" means any political subdivision or unit thereof of this State which expends public funds for the procurement of supplies, services, information technology, or construction.
(4) "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 board.
(5) "Public procurement unit" means any of the following:
(a) a local public procurement unit;
(b) a state public procurement unit;
(c) an external procurement activity; or
(d) any not-for-profit entity comprised only of more than one activity or unit listed in subitems (a), (b), or (c), if and as approved in writing by the Materials Management Officer.
(6) "State public procurement unit" means the offices of the chief procurement officers, any purchasing agency of this State, and any other unit of South Carolina state government.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 65, eff May 13, 2019.
Code Commissioner's Note
2019 Act No. 41, Section 65, inadvertently deleted "thereof" in (3), and at the direction of the Code Commissioner, it was reinserted.
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 65, in (2)(a), inserted ", if located in this State,"; in (3), substituted "of this State" for "thereof" and inserted "information technology,"; rewrote (5); and in (6), substituted ", any purchasing agency of this State, and any other unit of South Carolina state government" for "and any other purchasing agency of this State".
Subarticle 3
Cooperative Purchasing
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4820. Selective mandatory opting.

As prescribed in regulation by the board, any local public procurement unit may purchase from or through the State at any time; provided, however, that the board may impose a requirement upon the localities for mandatory opting in or out of any particular contract before it is established. Mandatory opting shall be imposed only where it is necessary to obtain more cost effective contracts for the State.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-4830. Sale, acquisition, or use of supplies by a public procurement unit.

Any public procurement unit may sell to, acquire from, or use any supplies belonging to another public procurement unit independent of the requirements of Articles 5 and 15 of this chapter; 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.
HISTORY: 1981 Act No. 148, Section 1; 1982 Act No. 431, Section 2; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 67, 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 67, substituted "independent of" for "or external procurement activity in accordance with".