reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-540. Authority and duties of the board.

(1) Authority to Promulgate Regulations. Except as otherwise provided in this code, the board may promulgate regulations, consistent with this code, governing the procurement, management, control, and disposal of all supplies, services, information technology, and construction to be procured by the State. These regulations are binding in all procurements made by the State.
(2) Nondelegation. The board may not delegate its power to promulgate regulations.
(3) Approval of Operational Procedures. Governmental bodies shall develop internal operational procedures consistent with this code; except, that the operational procedures must be approved in writing by the appropriate chief procurement officer. The operational procedures must be consistent with this chapter. Operational procedures adopted pursuant to this chapter are exempt from the requirements of Section 1-23-140.
(4) The board shall consider and decide matters of policy within the provisions of this code including those referred to it by the chief procurement officers. The board has the power to audit and monitor the implementation of its regulations and the requirements of this code.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 12; 2019 Act No. 41 (S.530), Section 10, eff May 13, 2019.
Effect of Amendment
2019 Act No. 41, Section 10, deleted (5), which related to the chief executive officer of the board designating offices or board officers for references in this code to a "designated board office" or a "designated board officer".
Subarticle 3
Exemptions
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-810. Creation of Materials Management Office.

There is hereby created, within the Division of Procurement Services, a Materials Management Office to be headed by the Materials Management Officer.
HISTORY: 1981 Act No. 148, Section 1; 1993 Act No. 178, Section 16; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 14; 2019 Act No. 41 (S.530), Section 12, 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 12, substituted "Division of Procurement Services" for "Office of General Services".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-820. Creation of Information Technology Management Office.

There is created within the Division of Procurement Services, the Information Technology Management Office to be headed by the Information Technology Management Officer. The office is responsible for administering all procurement and contracting activities undertaken for governmental bodies involving information technology in accordance with this chapter, and may establish a training and certification program in accordance with Section 11-35-1030. All procurements involving information technology, and any pre-procurement and post-procurement activities in this area, must be conducted in accordance with the regulations promulgated by the board.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 15; 2019 Act No. 41 (S.530), Section 13, 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 13, in the first sentence, substituted "Division of Procurement Services" for "board", inserted the second sentence, and in the third sentence, deleted ", except as otherwise provided in this code by specific reference to the Information Technology management Office" at the end.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-830. Creation of the Office of State Engineer.

There is created within the board, the State Engineer's Office to be headed by the State Engineer. All procurements involving construction, architectural and engineering, construction management, and land surveying services, as defined in Section 11-35-2910, and any pre-procurement and post-procurement activities in this area, must be conducted in accordance with the "Manual for Planning and Execution of State Permanent Improvements" and with any regulations promulgated by the board, unless otherwise provided in this code by specific reference to the State Engineer's Office.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 16.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-835. Office of State Engineer to review completed documents within specified time.

The Office of State Engineer must review properly completed schematic design, properly completed design development, and properly completed construction documents within a total of forty-five days of submission of documents.
HISTORY: 1993 Act No. 178, Section 17; 1997 Act No. 153, Section 1.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-840. Delegation of authority.

Subject to the regulations of the board, the chief procurement officers may delegate authority to designees or to any department, agency, or official.
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 11-35-845. Oversight of permanent improvement projects.

Each agency of state government that has total management capability as defined and certified by the State Engineer's Office must be allowed to oversee the administration of construction projects with the State Engineer's Office serving as an audit function. The State Engineer's Office shall assist those small agencies who do not have the necessary expertise in permanent improvements.
HISTORY: 1993 Act No. 178, Section 18; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 17.
Subarticle 7
Advisory Committees and Training
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-1010. Relationship with using agencies.

The chief procurement officers shall maintain a close and cooperative relationship with the using agencies. The chief procurement officers shall afford each using agency reasonable opportunity to participate in and make recommendations with respect to procurement matters affecting the using agency.
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 11-35-1020. Advisory groups.

The chief procurement officers may appoint advisory groups such as user committees to assist with respect to specifications and procurement in specific areas and with respect to any other matters within the authority of the chief procurement officers. The chief procurement officers shall develop methods for obtaining necessary and relevant information from the affected agencies, whether through user committees or by surveys and other methods. The chief procurement officers shall make every reasonable effort to ensure that such contracts are developed as will best suit the interest of the State, giving due emphasis to user needs, total costs, and open competitive methods of public purchasing.
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 11-35-1030. Procurement training and certification.

The chief procurement officers develop a system of training for procurement in accordance with regulations by the board. The training must encompass the latest techniques and methods of public procurement. If considered appropriate by the chief procurement officers, the training must include a requirement for the certification of the procurement officer of each purchasing agency.
HISTORY: 1981 Act No. 148, Section 1; 1993 Act No. 178, Section 19; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 18.
Subarticle 9
Auditing and Fiscal Reporting
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-1220. Collection of data concerning public procurement.

The chief procurement officers are authorized to prepare statistical data concerning the procurement, use, and disposition of all supplies, services, information technology, and construction. All using agencies shall furnish these reports as the chief procurement officers may require concerning use, needs, and stocks on hand, and the chief procurement officers shall prescribe forms to be used by the using agencies in requisitioning, ordering, and reporting supplies, services, information technology, and construction. The chief procurement officers shall limit requests for information to those items necessary for the effective operation of the purchasing system, but using agencies must be required to provide information as requested.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 20.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-1230. Auditing and fiscal reporting.

(1) The Division of Procurement Services, through consultation with the chief procurement officers, shall develop written plans for the auditing of state procurements.
(2) In procurement audits of governmental bodies thereafter, the auditors from the Division of Procurement Services shall review the adequacy of the governmental body's internal controls in order to ensure compliance with the requirement of this code and the ensuing regulations. A noncompliance discovered through audit must be transmitted in management letters to the audited governmental body and the board. The Division of Procurement Services shall provide in writing proposed corrective action to governmental bodies. Based upon audit recommendations, the board may revoke certification as provided in Section 11-35-1210 and require the governmental body to make all procurements through the appropriate chief procurement officer above a dollar limit set by the board, until such time as the board is assured of compliance with this code and its regulations by that governmental body.
HISTORY: 1981 Act No. 148, Section 1; 1986 Act No. 510, Section 8; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 21; 2019 Act No. 41 (S.530), Section 15, eff May 13, 2019.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the "Budget and Control Board", the "State Budget and Control Board" or the "board" were changed to the "State Fiscal Accountability Authority", the "authority", or the "Division of Procurement Services" of the "State Fiscal Accountability Authority", pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(B), effective July 1, 2015.
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 15, in (1), substituted "Division of Procurement Services" for "designated board office"; inserted the (2) identifier in the first undesignated paragraph and deleted former (2), which related to the requirement that the Division of Budget Analysis with the Comptroller General shall assume responsibility for certain fiscal reporting procedures; in (2), in the first sentence, substituted "Division of Procurement Services" for "designated board office" and "governmental body's" for "system's", in the second sentence, substituted "board" for "State Fiscal Accountability Authority", in the third sentence, substituted "The Division of Procurement Services" for "The auditors", and in the fourth sentence, deleted "of the designated board office" following "audit recommendations".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-1240. Administrative penalties.

(A) The board shall prescribe administrative penalties for violation of the provisions of this code and of regulations promulgated under it, excluding those matters under the jurisdiction of the Ethics Commission as provided by law.
(B) Violation of these provisions is grounds for loss of or reduction in authority delegated by either the board or this code.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 22.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-1250. Authority to contract for auditing services.

No contract for auditing or accounting services shall be awarded without the approval of the State Auditor except where specific statutory authority is otherwise provided.
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 11-35-1260. Authority to contract for legal services.

No contract for the services of attorneys shall be awarded without the approval of the State Attorney General except where specific statutory authority is otherwise provided.
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 11-35-1510. Methods of source selection.

Unless otherwise provided by law, all state contracts must be awarded by competitive sealed bidding, pursuant to Section 11-35-1520, except as provided in:
(1) Section 11-35-1250 (Authority to Contract for Auditing Services);
(2) Section 11-35-1260 (Authority to Contract for Legal Services);
(3) Section 11-35-1525 (Fixed Priced Bidding);
(4) Section 11-35-1528 (Competitive Best Value Bidding);
(5) Section 11-35-1529 (Competitive Online Bidding);
(6) Section 11-35-1530 (Competitive Sealed Proposals);
(7) Section 11-35-1535 (Competitive Negotiations);
(8) Section 11-35-1540 (Negotiations After Unsuccessful Competitive Sealed Bidding);
(9) Section 11-35-1550 (Small Purchases);
(10) Section 11-35-1560 (Sole Source Procurements);
(11) Section 11-35-1570 (Emergency Procurements);
(12) Section 11-35-1575 (Participation in Auction or Bankruptcy Sale);
(13) (Reserved)
(14) Section 11-35-3015 (Source Selection Methods Assigned to Project Delivery Methods);
(15) Section 11-35-3220 (Architect Engineer, Construction Management and Land Surveying Services Procurement Procedures); and
(16) Section 11-35-3230 (Exception for Small Architect-Engineer and Land Surveying Services contracts).
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2000 Act No. 387, Part II, Section 100A; 2006 Act No. 376, Section 24; 2008 Act No. 174, Section 8; 2019 Act No. 41 (S.530), Section 17, 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 17, inserted (7), and redesignated (7) to (15) as (8) to (16); and in (16), substituted "contracts" for "Contracts".
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-1525. Competitive fixed price bidding.

(1) Conditions for Use. When the procurement officer determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the State, a contract may be entered into by competitive fixed price bidding subject to the provisions of Section 11-35-1520 and the ensuing regulations, unless otherwise provided for in this section.
(2) Fixed Price Bidding. The purpose of fixed price bidding is to provide multiple sources of supply for specific services, supplies, or information technology based on a preset maximum price which the State will pay for such services, supplies, or information technology.
(3) Public Notice. Adequate public notice of the solicitation shall be given in the same manner as provided in Section 11-35-1520(3).
(4) Pricing. The State shall establish, before issuance of the fixed price bid, a maximum amount the State will pay for the services, supplies, or information technology desired.
(5) Evaluation. Vendors' responses to the fixed price bid will be reviewed to determine if they are responsive and responsible.
(6) Reserved.
(7) Award. Award must be made to all responsive and responsible bidders to the state's request for competitive fixed price bidding. The contract file shall contain the basis on which the award is made and must be sufficient to satisfy external audit.
(8) Bids Received After Award. As provided in the solicitation, bidders not responding to the initial fixed price bid may be added to the awarded vendors' list provided the bidder furnishes evidence of responsibility and responsiveness to the state's original fixed price bid as required by the solicitation.
HISTORY: 1997 Act No. 153, Section 1; 2006 Act No. 376, Section 26; 2019 Act No. 41 (S.530), Section 19.A, eff May 13, 2019.
Editor's Note
2019 Act No. 41, Sections 19.B, 80, provides as follows:
"[SECTION 19.]B. The deletion of Section 11-35-1525(9) may not be interpreted as an indication that the failure of a specific offeror to receive business is grounds for a dispute."
"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 19.A, in (1), in the second sentence, substituted "When the procurement officer" for "When a purchasing agency"; reserved (6), which related to discussions with responsive bidders; in (8), in the second sentence, substituted "As provided in the solicitation, bidders" for "Bidders" and "required" for "authorized"; and deleted (9), which related to remedies.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-1540. Negotiations after unsuccessful competitive sealed bidding.

When bids received pursuant to an invitation for bids under Section 11-35-1520 are considered unreasonable by the procurement officer, or are not independently reached in open competition, or the low bid exceeds available funds as certified by the appropriate fiscal officer, and it is determined in writing by the chief procurement officer, the head of a purchasing agency, or the designee of either officer above the level of procurement officer, that time or other circumstances will not permit the delay required to resolicit competitive sealed bids, a contract may be negotiated pursuant to this section, provided that:
(1) each responsible bidder who submitted a bid under the original solicitation is notified of the determination and is given reasonable opportunity to negotiate;
(2) the negotiated price is lower than the lowest rejected bid by any responsible and responsive bidder under the original solicitation;
(3) the negotiated price is the lowest negotiated price offered by any responsible and responsive offeror.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 24, 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 24, in the first undesignated paragraph, substituted "procurement officer" for "procuring agency".
2023 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".
2023 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.
2023 South Carolina Code of Laws › Title 11 - Public Finance › Chapter 35 - South Carolina Consolidated Procurement Code › Section 11-35-1580. Repealed.

HISTORY: Former Section, titled Information technology procurements, had the following history: 1997 Act No. 153, Section 1. Repealed by 2019 Act No. 41, Section 77, eff May 13, 2019.
Subarticle 5
Cancellation of Solicitations
2023 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
2023 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).
2023 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.
2023 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
2023 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.
2023 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."
2023 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.
2023 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).
2023 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."
2023 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."
2023 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
2023 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.
2023 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
2023 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).
2023 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.
2023 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.
2023 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
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.