reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2015 - Unauthorized or Illegal Procurements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Decision to Ratify or Declare Void
(1) Upon discovering after award 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, the appropriate official, as defined in section G below, must
			 decide to either ratify the contract in accordance with this regulation or
			 acknowledge and declare the contract null and void. If ratified, the contract
			 may be continued or terminated. The contract may be ratified only if
			 ratification is in the interest of the State.
(2) The factors pertinent in determining the
			 State's interest include, but are not limited to:
(a) the seriousness of the procurement
			 deficiency;
(b) the degree of
			 prejudice to the integrity of the competitive procurement system;
(c) the good faith of the public officials
			 and contractors involved;
(d)  the
			 extent of performance;
(e) the
			 costs to the State in either terminating the contract or declaring it null and
			 void, if any;
(f) the urgency of the
			 acquisition; and
(g) the impact on
			 the using agency's mission.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2017 - Pre-solicitation Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. General.
(1) This regulation prescribes best practices
			 for pre-solicitation activities in acquisitions of supplies, services, or
			 information technology, including acquisition planning, market research, and
			 exchanges with industry. Nothing in section A, B, or C of this regulation shall
			 provide an independent basis for administrative review pursuant to Article
			 17.
(2) Using agencies shall
			 perform acquisition planning and conduct market research for all acquisitions
			 of supplies, services, or information technology. The extent of planning and
			 research will vary, depending on such factors as estimated dollar value,
			 complexity, and past experience, as well as the nature of the supplies,
			 services or information technology to be acquired.
(3) Except for procurements conducted
			 pursuant to Section
			 11-35-1550,
			 no solicitation for offers shall proceed until the using agency has certified
			 in writing that it has complied with this regulation. If the using agency lacks
			 authority to conduct the procurement, the using agency shall provide the
			 responsible procurement officer the opportunity to fully participate in all
			 aspects of any pre-solicitation activities conducted by the using
			 agency.
(4) The using agency must
			 document its acquisition planning and market research in sufficient detail to
			 satisfy the requirements of an audit. This documentation shall be made a part
			 of the procurement file.
(5) The
			 appropriate chief procurement officer or his designee may require the using
			 agency to conduct additional market research or provide additional
			 documentation of the using agency's planning and research activities.
(6) The chief procurement officers shall
			 provide guidance which shall be followed by all agencies conducting acquisition
			 planning and market research, including considerations pertinent to determining
			 the adequacy of planning and research activities.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2020 - Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. Review
			 Procedures
(1) Unless otherwise authorized by
			 statute, any governmental body that desires to make direct agency procurements
			 in excess of $50,000.00, shall contact the Materials Management Officer in
			 writing to request certification in any area of procurement, including the
			 following areas:
(a) Supplies and
			 services;
(b) Reserved;
(c) Construction, including, subject to
			 Section
			 11-35-3220(9),
			 construction-related professional services;
(d) Information technology.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2022 - Temporary Suspension of Authority; Audit

Current through Register Vol. 48, No. 6, June 28, 2024
A. Suspension of Authority.
Within his area of authority, the appropriate chief procurement
				officer may temporarily suspend a governmental body's power to conduct all, any
				type of, or any value of procurements if the chief procurement officer
				concludes that the governmental body either (1) lacks adequate internal
				controls to ensure compliance with the procurement laws, (2) lacks qualified or
				adequate staff, or (3) has otherwise acted in a manner that, in the opinion of
				the chief procurement officer, warrants a temporary loss of authority. The
				chief procurement officer may make continued suspension contingent upon
				corrective action, e.g., retain additional staff, training, revised internal
				controls. The suspension is effective upon delivery of written notice to the
				head of the purchasing agency. The written notice shall state the duration of
				the temporary suspension, which may not extend beyond the next regularly
				scheduled audit to be conducted pursuant to Section 11-35-1320. A chief
				procurement officer may not limit direct agency procurements below $25,000.00.
				Before issuing a suspension pursuant to this paragraph, a chief procurement
				officer shall consult with the other chief procurement officers.
B. Audit.
In order to monitor the implementation of the procurement
				process, the appropriate chief procurement officer has the authority to audit
				any governmental body regarding one or more procurement
				activities.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2025 - Authority to Contract for Certain Services; Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Consultant Services.
(1) For the purposes of these Regulations,
			 consultant services shall be defined as follows: An individual, partnership,
			 corporation or any other legally established organization performing consulting
			 services for or providing consulting advice to the State of South Carolina, or
			 any governmental body thereof, over whom the State or governmental body has the
			 right of control as to the result to be accomplished but not as to the details
			 and means by which that result is to be accomplished.
(2) Services which fall within this
			 definition shall be procured in accordance with the Code and these
			 Regulations.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2027 - Electronic Commerce

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Electronic
			 commerce" means electronic techniques for accomplishing business transactions
			 including electronic mail or messaging, World Wide Web technology, electronic
			 bulletin boards, purchase cards, electronic funds transfer, and electronic data
			 interchange.
B. General.
(1) The State may use electronic commerce
			 whenever practicable or cost-effective. The use of terms commonly associated
			 with paper transactions (e.g., "copy," "document," "page," "printed," "sealed
			 envelope," and "stamped") shall not be interpreted to restrict the use of
			 electronic commerce. The responsible procurement officer may supplement
			 electronic transactions by using other media to meet the requirements of any
			 contract action governed by the Consolidated Procurement Code (e.g., transmit
			 hard copy of drawings).
(2)
			 Agencies may exercise broad discretion in selecting the information technology
			 that will be used in conducting electronic commerce. However, the head of each
			 agency shall ensure that systems, technologies, procedures, and processes used
			 by the agency to conduct electronic commerce-
(a) Are implemented uniformly throughout the
			 agency, to the maximum extent practicable;
(b) Are implemented only after considering
			 the full or partial use of existing infrastructures;
(c) Facilitate access to State acquisition
			 opportunities by as many persons as practicable, including small businesses,
			 minority business enterprises, and socially and economically disadvantaged
			 small businesses;
(d) Include a
			 means of providing widespread public notice of acquisition opportunities and a
			 means of responding to notices or solicitations electronically;
(e) Comply with applicable standards that
			 broaden interoperability and ease the electronic interchange of information;
			 and
(f) Are capable of ensuring
			 authentication and confidentiality commensurate with the risk and magnitude of
			 the harm from loss, misuse, or unauthorized access to or modification of the
			 information.
(3)
			 Agencies using the procurement functionality of the South Carolina Enterprise
			 Information System are deemed to have complied with subsection (B)(2) of this
			 regulation.
(4) Consistent with
			 provisions of the Uniform Electronic Transactions Act, Sections
			 26-6-10, et
			 seq., agencies may accept electronic signatures and records in connection with
			 State contracts.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2030 - Competitive Sealed Bidding-The Invitation for Bids

Current through Register Vol. 48, No. 6, June 28, 2024
A. The invitation for bids shall be used to
			 initiate a competitive sealed bid procurement and shall include the following,
			 as applicable:
(1) instructions and
			 information to bidders concerning the bid submission requirements, including
			 the time and date set for receipt of bids, the individual to whom the bid is to
			 be submitted, the address of the office to which bids are to be delivered, the
			 maximum time for bid acceptance by the State, and any other special
			 information;
(2) the purchase
			 description, evaluation factors, delivery or performance schedule, and such
			 inspection and acceptance requirements as are not included in the purchase
			 description;
(3) the contract terms
			 and conditions, including warranty and bonding or other security requirements,
			 as applicable; and
(4) Instructions
			 to bidders on how to visibly mark information which they consider to be exempt
			 from public disclosure.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2040 - The Official State Government Publication

Current through Register Vol. 48, No. 6, June 28, 2024
The name of the official state government publication shall be
				known as the "South Carolina Business Opportunities." It shall be published by
				the Materials Management Office at least weekly. The purpose is to provide a
				listing of proposed procurements of construction, information technology,
				supplies, services and other procurement information of interest to the
				business community. Except as otherwise provided by law, the publication will
				be available to all interested parties by posting on a public-facing Internet
				site. Contents shall be limited to inclusion of proposed procurements required
				by regulations and such other business information as approved by the Materials
				Management Officer. Publication of proposed procurements of a classified nature
				or emergencies may be excluded from publication.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2042 - Pre-Bid Conferences

Current through Register Vol. 48, No. 6, June 28, 2024
A. Pre-bid
			 conferences may be conducted. The conference should be held long enough after
			 the Invitation for Bids has been issued to allow bidders to become familiar
			 with it, but sufficiently before bid opening to allow consideration of the
			 conference results in preparing their bids. Notice of the conference must be
			 included in the notice of the solicitation required by Articles 5 or 9 of this
			 code.
B. Nothing stated at the
			 pre-bid conference shall change the Invitation for Bids unless a change is made
			 by written amendment. A potential bidder's failure to attend an advertised
			 pre-bid conference will not excuse its responsibility for estimating properly
			 the difficulty and cost of successfully performing the work, or for proceeding
			 to successfully perform the work without additional expense to the
			 State.
C. Pre-bid conferences may
			 not be made mandatory absent a written determination by the head of the
			 governmental body or his designee that the unique nature of the procurement
			 justifies a mandatory pre-bid conference and that a mandatory pre-bid
			 conference will not unduly restrict competition.
D. To minimize the time and expense imposed
			 on industry by pre-bid conferences, the procurement officer should arrange for
			 attendance by electronic means to the maximum extent practicable.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2045 - Receipt, Safeguarding, and Disposition of Bids

Current through Register Vol. 48, No. 6, June 28, 2024
A. Procedures Prior to Bid Opening.
All bids (including modifications) received prior to the time
				of opening shall be kept secure and, except as provided in subsection B below,
				unopened. Necessary precautions shall be taken to insure the security of the
				bid. Prior to bid opening, information concerning the identity and number of
				bids received shall be made available only to the state employees, and then
				only on a "need to know" basis. When bid samples are submitted, they shall be
				handled with sufficient care to prevent disclosure of characteristics before
				bid opening.
B.
			 Unidentified Bids.
Unidentified bids may be opened solely for the purpose of
				identification, and then only by an official specifically designated for this
				purpose by the Chief Procurement Officer, the procurement officer of the
				governmental body, or a designee of either officer. If a sealed bid is opened
				by mistake, the person who opens the bid will immediately write his signature
				and position on the envelope and deliver it to the aforesaid official. This
				official shall immediately write on the envelope an explanation of the opening,
				the date and time opened, the invitation for bids' number, and his signature,
				and then shall immediately reseal the envelope.
C. When bids or proposals are rejected, or a
			 solicitation cancelled after bids or proposals are received, the bids or
			 proposals which have been opened shall be retained in the procurement file or,
			 if unopened, otherwise disposed of. Unopened bids or proposals are not
			 considered to be public information under Chapter 4 of Title 30 (Freedom of
			 Information Act).
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2050 - Bid Opening

Current through Register Vol. 48, No. 6, June 28, 2024
A. Procedures.
The procurement officer of the governmental body or his
				designee shall decide when the time set for bid opening has arrived, and shall
				so declare to those present. In the presence of one or more state witnesses, he
				shall then personally and publicly open all bids received prior to that time,
				and read aloud so much thereof as is practicable, including prices, to those
				persons present and have the bids recorded. The amount of each bid and such
				other relevant information, together with the name of each bidder, shall be
				tabulated and certified in writing as true an accurate by both the person
				opening the bids and the witness. The tabulation shall be open to public
				inspection.
B. If it
			 becomes necessary to postpone a bid opening, the procurement officer shall
			 issue the appropriate amendments to the solicitation postponing or rescheduling
			 the bid opening. When the purchasing agency is closed due to force majeure, bid
			 opening will be postponed to the same time on the next official business
			 day.
C. Disclosure of Bid
			 Information.
Only the information disclosed by the procurement officer of
				the governmental body or his designee at bid opening is considered to be public
				information under the Freedom of Information Act, Chapter 4 of Title 30, until
				after the issuance of an award or notification of intent to award, whichever is
				earlier.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2055 - Bid Acceptance and Bid Evaluation

Current through Register Vol. 48, No. 6, June 28, 2024
When necessary for the best interest of the State, bid criteria
				to determine acceptability may include inspection, testing, quality,
				workmanship, delivery and suitability for a particular purpose. Those criteria
				that will affect the bid price and be considered in evaluation for award shall
				be measurable costs to include, but not be limited to, discounts,
				transportation costs, total or life cycle costs.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2065 - Rejection of Bids

Current through Register Vol. 48, No. 6, June 28, 2024
A. Unless there
			 is a compelling reason to reject one or more bids, award will be made to the
			 lowest responsible and responsive bidder. Every effort shall be made to
			 anticipate changes in a requirement prior to the date of opening and to notify
			 all prospective bidders of any resulting modification or cancellation, thereby
			 permitting bidders to change their bids and preventing the unnecessary exposure
			 of bid prices. As a general rule after opening, an invitation for bids should
			 not be canceled and readvertised due solely to increased quantities of the
			 items being procured; award should be made on the initial invitation for bids
			 and the additional quantity required should be treated as a new
			 procurement.
B. Cancellation of
			 Bids Prior to Award.
(1) When it is
			 determined prior to the issuance of an award or notification of intent to
			 award, whichever is earlier, but after opening, that the requirements relating
			 to the availability and identification of specifications have not been met, the
			 invitation for bids shall be cancelled. Invitations for bids may be cancelled
			 after opening, but prior to award, when such action is consistent with
			 subsection A above and the procurement officer determines in writing that:
(a) inadequate or ambiguous specifications
			 were cited in the invitation;
(b)
			 specifications have been revised;
(c) the supplies, services, information
			 technology, or construction being procured are no longer required;
(d) the invitation did not provide for
			 consideration of all factors of cost to the State, such as cost of transporting
			 state furnished property to bidders' plants;
(e) bids received indicate that the needs of
			 the State can be satisfied by a less expensive article differing from that on
			 which the bids were invited;
(f)
			 all otherwise acceptable bids received are at unreasonable prices;
(g) the bids were not independently arrived
			 at in open competition, were collusive, or were submitted in bad faith;
			 or
(h) for other reasons,
			 cancellation is clearly in the best interest of the State.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2070 - Rejection of Individual Bids

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 General Application.
Any bid which fails to conform to the essential requirements of
				the invitation for bids shall be rejected.
B. Alternate Bids.
Any bid which does not conform to the specifications contained
				or referenced in the invitation for bids may be rejected unless the invitation
				authorized the submission of alternate bids and the supplies offered as
				alternates meet the requirements specified in the invitation.
C. Any bid which fails to conform to the
			 delivery schedule, to permissible alternates thereto stated in the invitation
			 for bids, or to other material requirements of the solicitation may be rejected
			 as nonresponsive.
D. Modification
			 of Requirements by Bidder.
(1) Ordinarily a
			 bid should be rejected when the bidder attempts to impose conditions which
			 would modify requirements of the invitation for bids or limit his liability to
			 the State, since to allow the bidder to impose such conditions would be
			 prejudicial to other bidders. For example, bids should be rejected in which the
			 bidder:
(a) attempts to protect himself
			 against future changes in conditions, such as increased costs, if total
			 possible cost to the State cannot be determined;
(b) fails to state a price and in lieu
			 thereof states that price shall be "price in effect at time of
			 delivery;"
(c) states a price but
			 qualified such price as being subject to "price in effect at time of
			 delivery;"
(d) when not authorized
			 by the invitation, conditions or qualifies his bid by stipulating that his bid
			 is to be considered only if, prior to date of award, bidder receives (or does
			 not receive) award under a separate procurement;
(e) requires the State to determine that the
			 bidder's product meets state specifications; or
(f) limits the rights of the State under any
			 contract clause.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2075 - All or None Qualifications

Current through Register Vol. 48, No. 6, June 28, 2024
Unless the invitation for bids so provides, a bid is not
				rendered nonresponsive by the fact that the bidder specifies that award will be
				accepted only on all, or a specified group, of the items included in the
				invitation for bids. However, bidders shall not be permitted to withdraw or
				modify "all or none" qualifications after bid opening since such qualification
				is substantive and affects the rights of the other bidders.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2077 - Bid Samples and Descriptive Literature

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Descriptive literature" means information
			 available in the ordinary course of business which shows the characteristics,
			 construction, or operation of an item which enables the State to consider
			 whether the item meets its needs.
B. "Bid sample" means a sample to be
			 furnished by a bidder to show the characteristics of the item offered in the
			 bid.
C. Bid samples or descriptive
			 literature may be required when it is necessary to evaluate required
			 characteristics of the items bid.
D. The Invitation for Bids shall state that
			 bid samples or descriptive literature should not be submitted unless expressly
			 requested and that, regardless of any attempt by a bidder to condition the bid,
			 unsolicited bid samples or descriptive literature which are submitted at the
			 bidder's risk will not be examined or tested, and will not be deemed to vary
			 any of the provisions of the Invitation for Bids.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2080 - Bid Reductions

Current through Register Vol. 48, No. 6, June 28, 2024
The responsible procurement officer may accept a voluntary
				reduction in price from a low bidder after bid opening but prior to award;
				provided that such reduction is not conditioned on, nor results in, the
				modification or deletion of any conditions contained in the invitation for
				bids.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2085 - Correction or Withdrawal of Bids; Cancellation of Awards

Current through Register Vol. 48, No. 6, June 28, 2024
A. General Procedure
(1) A bidder or offeror must submit in
			 writing a request to either correct or withdraw a bid to the procurement
			 officer. Each written request must document the fact that the bidder's or
			 offeror's mistake is clearly an error that will cause him substantial loss. All
			 decisions to permit the correction or withdrawal of bids shall be supported by
			 a written determination of appropriateness made by the chief procurement
			 officers or head of a purchasing agency, or the designee of either.
(2) Confirmation of Bid. When the responsible
			 procurement officer knows or has reason to conclude that a mistake may have
			 been made, she should request the bidder to confirm the bid. Situations in
			 which confirmation should be requested include obvious, apparent errors on the
			 face of the bid or a bid unreasonably lower than the other bids submitted.
			 Consistent with R.19-445.2010,
			 -2050C, and -2095C, the responsible procurement officer should only disclose
			 information that is publicly available when confirming a bid. If the bidder
			 asserts a mistake, the bid may be corrected or withdrawn only if allowed by
			 regulation (e.g., R.19-445.2085A and B and R.19-445.2095I(2)(d)).
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2090 - Award

Current through Register Vol. 48, No. 6, June 28, 2024
A. Application.
The contract shall be awarded to the lowest responsible and
				responsive bidder(s) whose bid meets the requirements and criteria set forth in
				the invitation for bids.
B.
			 The procurement officer shall issue the notice of intent to award or award on
			 the date specified in the solicitation, unless the procurement officer
			 determines, and gives notice, that a longer review time is necessary. The
			 procurement officer shall give notice of the revised posting date in accordance
			 with Section
			 11-35-1520(10).
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2095 - Competitive Sealed Proposals

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Request for Proposals
The provisions of Regulations
				19-445.2030B
				and 19-445.2040 shall apply to implement the requirements of Section
				11-35-1530(2),
				Public Notice.
B. Receipt,
			 Safeguarding, and Disposition of Proposals.
The provisions of Regulation
				19-445.2045
				shall apply to competitive sealed proposals.
C. Receipt of Proposals.
The provisions of Regulation
				19-445.2050(B)
				shall apply to competitive sealed proposals. For the purposes of implementing
				Section
				11-35-1530(3),
				Receipt of Proposals, the following requirements shall be followed:
(1) Proposals shall be opened publicly by the
			 procurement officer or his designee in the presence of one or more witnesses at
			 the time and place designated in the request for proposals. Proposals and
			 modifications shall be time-stamped upon receipt and held in a secure place
			 until the established due date. After the date established for receipt of
			 proposals, a Register of Proposals shall be prepared which shall include for
			 all proposals the name of each offeror, the number of modifications received,
			 if any, and a description sufficient to identify the item offered. The Register
			 of Proposals shall be certified in writing as true and accurate by both the
			 person opening the proposals and the witness. The Register of Proposals shall
			 be open to public inspection only after the issuance of an award or
			 notification of intent to award, whichever is earlier. Proposals and
			 modifications shall be shown only to State personnel having a legitimate
			 interest in them and then only on a "need to know" basis. Contents and the
			 identity of competing offers shall not be disclosed during the process of
			 opening by state personnel.
(2) As
			 provided by the solicitation, offerors must visibly mark all information in
			 their proposals that they consider to be exempt from public
			 disclosure.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2097 - Rejection of Proposals

Current through Register Vol. 48, No. 6, June 28, 2024
A. Unless
			 there is a compelling reason to reject one or more proposals, award will be
			 made to the highest ranked responsible offeror or otherwise as allowed by
			 Section
			 11-35-1530.
			 Every effort shall be made to anticipate changes in a requirement prior to the
			 date of opening and to notify all prospective offerors of any resulting
			 modification or cancellation.
B.
			 Cancellation of Solicitation Prior to Award.
(1) When it is determined prior to the
			 issuance of an award or notification of intent to award, whichever is earlier,
			 but after opening, that the requirements relating to the availability and
			 identification of specifications have not been met, the request for proposals
			 shall be cancelled. A request for proposals may be cancelled after opening, but
			 prior the issuance of an award or notification of intent to award, whichever is
			 earlier, when such action is consistent with subsection A above and the
			 procurement officer determines in writing that:
(a) inadequate or ambiguous specifications
			 were cited in the solicitation;
(b)
			 specifications have been revised;
(c) the supplies, services, information
			 technology, or construction being procured are no longer required;
(d) the solicitation did not provide for
			 consideration of all factors of cost to the State, such as cost of transporting
			 state furnished property to bidders' plants;
(e) proposals received indicate that the
			 needs of the State can be satisfied by a less expensive article differing from
			 that on which the proposals were requested;
(f) all otherwise acceptable proposals
			 received are at unreasonable prices;
(g) the proposals were not independently
			 arrived at in open competition, were collusive, or were submitted in bad faith;
			 or
(h) for other reasons,
			 cancellation is clearly in the best interest of the State.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2098 - Rejection of Individual Proposals

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Proposals need not be unconditionally accepted without alteration or
			 correction, and to the extent otherwise allowed by law, the State's stated
			 requirements may be clarified after proposals are submitted. This flexibility
			 must be considered in determining whether reasons exist for rejecting all or
			 any part of a proposal.
B. Reasons
			 for rejecting proposals include but are not limited to:
(1) the business that submitted the proposal
			 is nonresponsible as determined under Section
			 11-35-1810;
(2) the proposal ultimately (that is, after
			 an opportunity, if any is offered, has passed for altering or clarifying the
			 proposal) fails to meet the announced requirements of the State in some
			 material respect; or
(3) the
			 proposed price is unreasonable.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2099 - Competitive Negotiations

Current through Register Vol. 48, No. 6, June 28, 2024
A. General
(1) Competitive negotiations are governed by
			 R.19-445.2030B,
			 -2040, -2042, -2045, -2050B, -2085C, -2090B, -2095C, -2095J, and -2098.
			 Regulation 19-445-2097 (Rejection of Proposals) applies to competitive
			 negotiations except that R.19-445.2099(K)(1) is substituted for
			 R.19-445.2097A.
(2) Documentation
			 required by this Regulation 19-445.2099 must be prepared at the time the
			 process to be documented is conducted.
(3) For each competitive negotiation the head
			 of the using agency or his designee must appoint in writing an individual to
			 serve as the selection executive (SE). The SE must be an individual who has
			 sufficient rank and professional experience to effectively carry out the
			 functions of an SE. Subject to the authority and approval of the responsible
			 procurement officer, the SE shall-
(a)
			 Recommend an acquisition team, tailored for the particular acquisition, that
			 includes appropriate contracting, legal, logistics, technical, and other
			 expertise to ensure a well-developed solicitation, a comprehensive evaluation
			 of offers, and effective negotiations;
(b) Approve the acquisition plan and the
			 solicitation before solicitation release;
(c) Ensure consistency among and sufficiency
			 of the solicitation requirements, evaluation factors and subfactors,
			 solicitation provisions or contract clauses, and data requirements;
(d) Ensure that proposals are evaluated based
			 solely on the factors and subfactors contained in the solicitation;
(e) Consider the recommendations of subject
			 matter experts, advisory boards or panels (if any); and
(f) Select the source or sources whose
			 proposal is the best value to the State, as provided in
			 R.19-445.2099K.
(4)
			 Consistent with Section
			 11-35-1535(A)(3),
			 competitive negotiated acquisitions may be conducted only by the office of the
			 appropriate chief procurement officer; accordingly, a chief procurement officer
			 may not delegate to a using agency the authority to conduct a competitive
			 negotiation.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2100 - Small Purchases and Other Simplified Purchasing Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. Authority.
(1) An agency may make small purchases not
			 exceeding the limits prescribed in Section
			 11-35-1550
			 in accordance with the procedures in that section and herein.
(2) Any purchase of supplies, services, or
			 information technology made pursuant to Section
			 11-35-1550
			 must be within the agency's certification.
(3) These simplified acquisition procedures
			 shall not be used for items available under mandatory state term contracts (see
			 R.19-445-2020B(1)).
(4) Contracts
			 solely for the procurement of commercially available off-the-shelf products
			 pursuant to Section
			 11-35-1550
			 are not subject to laws identified in Section
			 11-35-2040.
(5) When required, adequate public notice
			 must comply with R.19-445.2000F.
(6) Section
			 11-35-4210(1)(d)
			 makes the protest process inapplicable to contracts with an actual or potential
			 value of up to $50,000. Because the protest process applies to all small
			 purchases in excess of $50,000, notice of an award must be communicated to all
			 bidders on the same date award is made and must be documented in the
			 procurement file. Any method of communication may be used.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2105 - Sole Source Procurements

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Application
The provisions of this Regulation shall apply to all sole
				source procurements unless emergency conditions exist as defined in Regulation
				19-445.2110.
B. Exceptions.
Sole source procurement is not permissible unless there is only
				a single supplier. The following are examples of circumstances which could
				necessitate sole source procurement:
(1) where the compatibility of equipment,
			 accessories, or replacement parts is the paramount consideration;
(2) where a sole supplier's item is needed
			 for trial use or testing;
(3)
			 [Repealed]
(4) [Repealed]
(5) where the item is one of a kind;
			 and
(6) [Repealed]
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2110 - Emergency Procurements

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Application.
The provisions of this Regulation apply to every procurement
				made under emergency conditions that will not permit other source selection
				methods to be used.
B.
			 Definition.
An emergency condition is a situation which creates a threat to
				public health, welfare, or safety such as may arise by reason of floods,
				epidemics, riots, equipment failures, fire loss, or such other reason as may be
				proclaimed by either the Chief Procurement Officer or the head of a purchasing
				agency or a designee of either office. The existence of such conditions must
				create an immediate and serious need for supplies, services, information
				technology, or construction that cannot be met through normal procurement
				methods and the lack of which would seriously threaten:
(1) the functioning of State
			 government;
(2) the preservation or
			 protection of property; or
(3) the
			 health or safety of any person.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2115 - Information Technology Procurements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Reserved.
B. Reserved.
C. Software Licensing
Pursuant to Section
				11-35-510,
				the Information Technology Management Officer may execute an agreement with a
				business on behalf of, and which binds all, governmental bodies in order to
				establish the terms and conditions upon which computer software may be
				licensed, directly or indirectly, from that business by a governmental body.
				Such an agreement may provide for the voluntary participation of any other
				South Carolina public procurement unit. Such agreements do not excuse any
				governmental body from complying with any applicable requirements of the
				Procurement Code and these Regulations, including the requirements of Section
				11-35-1510.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2120 - Cost or Pricing Data

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Definitions
(1) Adequate Price Competition.
			 Price competition exists if competitive sealed proposals are solicited, at
			 least two responsive and responsible offerors independently compete for a
			 contract, and price is a substantial factor in the evaluation. If the foregoing
			 conditions are met, price competition shall be presumed to be "adequate" unless
			 the procurement officer determines in writing that such competition is not
			 adequate.
(2) Commercial product
			 has the meaning stated in Section
			 11-35-1410(1).
(3) Established catalog price has the meaning
			 stated in Section
			 11-35-1410.
(4) Established Market Price means a current
			 price, established in the usual and ordinary course of trade between buyers and
			 sellers, which can be substantiated from sources which are independent of the
			 manufacturer or supplier and may be an indication of the reasonableness of
			 price.
(5) Prices Set by Law or
			 Regulation. The price of a supply or service is set by law or regulation if
			 some governmental body establishes the price that the offeror or contractor may
			 charge the State and other customers.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2122 - Price Reasonableness

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 General. The objective of offer analysis is to ensure that the final contract
			 price is fair and reasonable. The procurement officer is responsible for
			 evaluating the reasonableness of the offered prices. Normally, competition
			 establishes price reasonableness. Therefore, when contracting on a
			 firm-fixed-price basis, comparison of the proposed prices will usually satisfy
			 the requirement to perform a price analysis, and a cost analysis need not be
			 performed. In limited situations, a cost analysis (see subsection B(2)) may be
			 appropriate to establish reasonableness of the otherwise successful offeror's
			 price. The analytical techniques and procedures described in this regulation
			 may be used, singly or in combination with others, to ensure that the final
			 price is fair and reasonable. In addition, they should be used to analyze cost
			 or pricing data required by Section
			 11-35-1830.
			 The complexity and circumstances of each acquisition should determine the
			 appropriate level of detail for the analysis. The appropriate Chief Procurement
			 Officer may develop and issue procedures which shall be followed by all
			 agencies conducting offer analysis. The responsible procurement officer may
			 request the advice and assistance of other experts to ensure that an
			 appropriate analysis is performed.
B. Analytical techniques include, but are not
			 limited to, the following:
(1) Price analysis
			 is the process of examining and evaluating a proposed price without evaluating
			 its separate cost elements and proposed profit. Examples of price analysis
			 criteria include but are not limited to:
(a)
			 price submissions of prospective bidders or offerors in the current
			 procurement;
(b) prior price
			 quotations and contract prices charged by the bidder, offeror, or
			 contractor;
(c) prices published in
			 catalogues or price lists;
(d)
			 prices available on the open market; and
(e) in-house estimates of cost. The
			 responsible procurement officer may use various price analysis techniques and
			 procedures to ensure a fair and reasonable price.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2125 - Responsibility of Bidders and Offerors

Current through Register Vol. 48, No. 6, June 28, 2024
A. State Standards of Responsibility.
Factors to be considered in determining whether the state
				standards of responsibility have been met include whether a prospective
				contractor has:
(1) available the
			 appropriate financial, material, equipment, facility, and personnel resources
			 and expertise, or the ability to obtain them, necessary to indicate its
			 capability to meet all contractual requirements;
(2) a satisfactory record of
			 performance;
(3) a satisfactory
			 record of integrity;
(4) qualified
			 legally to contract with the State; and
(5) supplied all necessary information in
			 connection with the inquiry concerning responsibility.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2127 - Organizational Conflicts of Interest

Current through Register Vol. 48, No. 6, June 28, 2024
A. General.
(1) "Organizational conflict of interest"
			 occurs when, because of other activities or relationships with the State or
			 with other businesses:
(a) a business is
			 unable or potentially unable to render impartial assistance or advice to the
			 State, or
(b) the business'
			 objectivity in performing the contract work is or might be otherwise impaired,
			 or
(c) a business has an unfair
			 competitive advantage.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2130 - Prequalification of Supplies and Suppliers

Current through Register Vol. 48, No. 6, June 28, 2024
A. Qualified Products Lists.
A qualified products list may be developed with the approval of
				the Chief Procurement Officer or the procurement officer of the governmental
				body authorized to develop qualified products lists, when testing or
				examination of the supplies or construction items prior to issuance of the
				solicitation is desirable or necessary in order to best satisfy state
				requirements. The procedures for the inclusion of a product on the qualified
				products list ("QPL") must be available to prospective vendors for
				consideration of their product to the list.
B. Prospective suppliers may be prequalified,
			 and distribution of the solicitation may be limited to prequalified suppliers.
			 Suppliers who meet the prequalification standards at any time shall be added to
			 the prequalified list for subsequent solicitations. The fact that a prospective
			 supplier has been prequalified does not necessarily represent a finding of
			 responsibility.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.2132 - Prequalification for a Single Solicitation

Current through Register Vol. 48, No. 6, June 28, 2024
A. Application.
The pre-qualification process shall not be used to unduly limit
				competition. Any mandatory minimum requirements shall comply with Section
				11-35-2730.
				In a competitive bid, the pre-qualification process is not intended to
				eliminate bidders capable of completing the work being procured. Before a
				request for qualifications may be issued pursuant to Section
				11-35-1520(11)
				or
				11-35-1530(4),
				the chief procurement officer or the head of a purchasing agency or either
				officer's designee shall prepare a written justification stating the necessity
				for pre-qualifying offerors. Prior to issuance of the solicitation, each
				potential offeror seeking qualification must be promptly informed as to whether
				qualification is attained and, in the event qualification is not attained, is
				promptly furnished specific information why qualification was not
				attained.
B. Receipt and
			 Safeguarding of Responses.
Prior to opening submittals received in response to a request
				for prequalification, the provisions of Regulation Regulation
				19-445.2045
				shall apply to the receipt and safeguarding of all such submittals
				received.