The board may promulgate regulations establishing detailed definitions of the following terms using, in addition to the criteria set forth in this section, such other criteria as it may deem desirable.
(1) "Minority person" for the purpose of this article, means a United States citizen who is economically and socially disadvantaged.
(a) "Socially disadvantaged individuals" means those individuals who have been subject to racial or ethnic prejudice or cultural bias because of their identification as members of a certain group, without regard to their individual qualities. Such groups include, but are not limited to, Black Americans, Hispanic Americans, Native Americans (including American Indians, Eskimos, Aleuts and Native Hawaiians), Asian Pacific Americans, and other minorities to be designated by the board or designated agency.
(b) "Economically disadvantaged individuals" means those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged.
(2) A "socially and economically disadvantaged small business" means any small business concern which:
(a) is at least fifty-one percent owned by one or more citizens of the United States who are determined to be socially and economically disadvantaged.
(b) in the case of a concern which is a corporation, fifty-one percent of all classes of voting stock of such corporation must be owned by an individual determined to be socially and economically disadvantaged.
(c) in the case of a concern which is a partnership, fifty-one percent of the partnership interest must be owned by an individual or individuals determined to be socially and economically disadvantaged and whose management and daily business operations are controlled by individuals determined to be socially and economically disadvantaged. Such individuals must be involved in the daily management and operations of the business concerned.
HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1.
Subarticle 3
Assistance to Minority Businesses
Structure South Carolina Code of Laws
Chapter 35 - South Carolina Consolidated Procurement Code
Section 11-35-20. Purpose and policies.
Section 11-35-25. Supersession of conflicting laws.
Section 11-35-27. No implied repeal.
Section 11-35-30. Obligation of good faith.
Section 11-35-40. Application of Procurement Code.
Section 11-35-45. Payment for goods and services received by State.
Section 11-35-60. Dissemination of regulations.
Section 11-35-210. Determinations; exemption.
Section 11-35-310. Definitions.
Section 11-35-410. Public access to procurement information.
Section 11-35-450. Reporting purchases.
Section 11-35-510. Centralization of materials management authority.
Section 11-35-530. Advisory committees.
Section 11-35-540. Authority and duties of the board.
Section 11-35-710. Exemptions.
Section 11-35-810. Creation of Materials Management Office.
Section 11-35-820. Creation of Information Technology Management Office.
Section 11-35-830. Creation of the Office of State Engineer.
Section 11-35-835. Office of State Engineer to review completed documents within specified time.
Section 11-35-840. Delegation of authority.
Section 11-35-845. Oversight of permanent improvement projects.
Section 11-35-1010. Relationship with using agencies.
Section 11-35-1020. Advisory groups.
Section 11-35-1030. Procurement training and certification.
Section 11-35-1210. Certification.
Section 11-35-1220. Collection of data concerning public procurement.
Section 11-35-1230. Auditing and fiscal reporting.
Section 11-35-1240. Administrative penalties.
Section 11-35-1250. Authority to contract for auditing services.
Section 11-35-1260. Authority to contract for legal services.
Section 11-35-1410. Definitions of terms used in this article.
Section 11-35-1510. Methods of source selection.
Section 11-35-1520. Competitive sealed bidding.
Section 11-35-1524. Resident vendor preference.
Section 11-35-1525. Competitive fixed price bidding.
Section 11-35-1528. Competitive best value bidding.
Section 11-35-1529. Competitive online bidding.
Section 11-35-1530. Competitive sealed proposals.
Section 11-35-1535. Competitive negotiations.
Section 11-35-1540. Negotiations after unsuccessful competitive sealed bidding.
Section 11-35-1550. Small purchase procedures; when competitive bidding required.
Section 11-35-1560. Sole source procurement; public notice.
Section 11-35-1570. Emergency procurements; public notice.
Section 11-35-1575. Participation in auction or sale of supplies from bankruptcy.
Section 11-35-1710. Cancellation of invitation for bids or request for proposals.
Section 11-35-1810. Responsibility of bidders and offerors.
Section 11-35-1820. Prequalification of supplies and suppliers.
Section 11-35-1830. Cost or pricing data.
Section 11-35-1840. Promulgation of regulations.
Section 11-35-2010. Types of contracts; contracting documents and usage instructions.
Section 11-35-2015. Effect of contract or amendment.
Section 11-35-2020. Approval of accounting system.
Section 11-35-2030. Multiterm contracts.
Section 11-35-2040. Inapplicable laws.
Section 11-35-2050. Void contract terms or conditions.
Section 11-35-2060. Material changes prohibited.
Section 11-35-2210. Right to inspect plant.
Section 11-35-2220. Right to audit records.
Section 11-35-2410. Finality of determinations.
Section 11-35-2420. Reporting of anticompetitive practices; privileged communications.
Section 11-35-2430. Retention of procurement records.
Section 11-35-2440. Records of procurement actions.
Section 11-35-2610. Definitions of terms used in this article.
Section 11-35-2710. Issuance of specifications; duties of the board.
Section 11-35-2720. Duties of the chief procurement officers and the using agencies.
Section 11-35-2730. Assuring competition.
Section 11-35-2740. Relationship with using agencies.
Section 11-35-2750. Specifications prepared by architects and engineers.
Section 11-35-2910. Definitions of terms used in this article.
Section 11-35-3005. Project delivery methods authorized.
Section 11-35-3010. Choice of project delivery method.
Section 11-35-3015. Source selection methods assigned to project delivery methods.
Section 11-35-3020. Additional bidding procedures for construction procurement.
Section 11-35-3021. Subcontractor substitution.
Section 11-35-3023. Prequalification on state construction.
Section 11-35-3030. Bond and security.
Section 11-35-3035. Errors and omissions insurance.
Section 11-35-3037. Other forms of security.
Section 11-35-3040. Contract clauses and their administration.
Section 11-35-3050. Cost principles regulations for construction contractors.
Section 11-35-3060. Fiscal responsibility.
Section 11-35-3215. Preference for resident design service; definitions; exceptions.
Section 11-35-3220. Qualifications based selection procedures.
Section 11-35-3240. Manual for planning and execution of state permanent improvements.
Section 11-35-3245. Architect, engineer, or construction manager; performance of other work.
Section 11-35-3305. Establishment of indefinite quantity contracts.
Section 11-35-3320. Task order contracts.
Section 11-35-3410. Contract clauses and their administration.
Section 11-35-3510. Cost principles required for supplies and services contracts.
Section 11-35-3620. Management of warehouses and inventory.
Section 11-35-3810. Regulations for sale, lease, transfer and disposal.
Section 11-35-3820. Allocation of proceeds for sale or disposal of surplus supplies.
Section 11-35-3830. Trade-in sales.
Section 11-35-3840. Licensing for public sale of certain publications and materials.
Section 11-35-3850. Sale of unserviceable supplies.
Section 11-35-4215. Posting of bond or irrevocable letter of credit.
Section 11-35-4220. Authority to debar or suspend.
Section 11-35-4230. Authority to resolve contract and breach of contract controversies.
Section 11-35-4310. Solicitations or awards in violation of the law.
Section 11-35-4315. Unauthorized award or modification of a contract.
Section 11-35-4320. Contract controversies.
Section 11-35-4330. Frivolous protests.
Section 11-35-4340. Rights and remedies.
Section 11-35-4410. Procurement Review Panel.
Section 11-35-4420. Participation in review.
Section 11-35-4425. Final order not appealed.
Section 11-35-4430. Communication with panel members.
Section 11-35-4610. Definitions of terms used in this article.
Section 11-35-4810. Cooperative purchasing authorized.
Section 11-35-4820. Selective mandatory opting.
Section 11-35-4830. Sale, acquisition, or use of supplies by a public procurement unit.
Section 11-35-4840. Cooperative use of supplies or services.
Section 11-35-4850. Joint use of facilities.
Section 11-35-4860. Supply of personnel, information, and technical services.
Section 11-35-4870. Use of payments received by a supplying public procurement unit.
Section 11-35-4880. Public procurement units in compliance with code requirements.
Section 11-35-4890. Review of procurement requirement.
Section 11-35-4900. Intergovernmental acquisitions.
Section 11-35-5010. Definitions of terms used in this article.
Section 11-35-5210. Statement of policy and its implementation.
Section 11-35-5220. Duties of the chief procurement officers.
Section 11-35-5230. Regulations for negotiation with state minority firms.
Section 11-35-5240. Minority business enterprise (MBE) Utilization Plan.
Section 11-35-5250. Progress payments and letters of credit.
Section 11-35-5260. Reports of number and dollar value of contracts awarded to minority firms.
Section 11-35-5270. Division of Small and Minority Business Contracting and Certification.
Section 11-35-5300. Prohibition of contracting with discriminatory business.
Section 11-35-5310. Surety bonds; public entity may not designate surety company.
Section 11-35-5320. Political subdivisions required to develop and adopt procurement laws.
Section 11-35-5340. School district subject to consolidated procurement code; exemptions.