South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-445.3000 - School District Procurement Codes; Model

Current through Register Vol. 48, No. 6, June 28, 2024
A. Application.
Under Section
				11-35-5340,
				a school district is exempt from the South Carolina Consolidated Procurement
				Code (except for a procurement audit) if the district has its own procurement
				code which is, in the written opinion of the Division of Procurement Services
				of the State Fiscal Accountability Authority, substantially similar to the
				provisions of the Consolidated Procurement Code and regulations in effect at
				the time the opinion is issued.
B. Delegation.
The authority and responsibilities under Section
				11-35-5340
				are hereby delegated to the Materials Management Officer.
C. Substantially Similar.
To qualify for approval, a district code should largely mirror,
				but need not be identical to, the Consolidated Procurement Code. Because a
				district code needs only to be substantially similar to the consolidated
				procurement code and regulations, a district code may accommodate the differing
				context of school districts (e.g., differences between state government and
				local school district operations, including size, purchasing staff resources,
				volume and type of procurements, and structure of its governing body and
				executive hierarchy) as long as it preserves the sound procurement policies and
				practices underlying the rules found in the consolidated procurement code and
				regulations.
D.
			 Definitions.
Covered District means a school district subject to the
				requirements of Section
				11-35-5340.
				Model code means a model school district procurement code and any subsequent
				modifications to the model code, including instructions regarding how each
				district may customize the model code to an individual district's
				organizational structure.
E. Guidelines; Model Code.
By requiring a written opinion, Section
				11-35-5340
				provides for an exercise of judgment. The best interest of the state is served
				by exercising this judgment in a consistent manner. Accordingly, the Materials
				Management Office may publish guidance regarding its exercise of this judgment,
				including publication of a model code. In developing a model code, the
				Materials Management Officer should consult with all covered districts and the
				State Department of Education. Any model should be designed to serve and comply
				with the purposes and policies enumerated in Section
				11-35-20 in
				the specific context of local school district operations, with due regard for
				minimizing administrative costs of compliance with the model code. Prior to
				publishing a model code, the Materials Management Officer must determine in
				writing that the model code is substantially similar to the provisions of the
				South Carolina Consolidated Procurement Code and these procurement regulations.
				Any school district may adopt the model code.
F. Duration of Written Opinion.
A written opinion issued pursuant to Section
				11-35-5340
				remains valid for a covered district's procurement code until the covered
				district seeks and receives a written opinion for modifications to its
				procurement code.
G. Effect
			 of Adoption.
A procurement code adopted by a school district in accordance
				with all applicable law shall have the full force and effect of
				law.