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Section 11-35-10. Citation. - This chapter shall be known and may be cited as...
Section 11-35-20. Purpose and policies. - (1) This code must be construed and applied to promote...
Section 11-35-25. Supersession of conflicting laws. - If this code applies to a procurement, the provisions of...
Section 11-35-27. No implied repeal. - No part of this chapter may be considered to be...
Section 11-35-30. Obligation of good faith. - Every contract or duty within this code imposes an obligation...
Section 11-35-35. Recodified. - HISTORY: Former Section 11-35-35, was titled Surety bonds; public entity...
Section 11-35-40. Application of Procurement Code. - (1) General Application. This code applies only to contracts solicited...
Section 11-35-45. Payment for goods and services received by State. - (A) All vouchers for payment of purchases of services, supplies,...
Section 11-35-50. Recodified. - HISTORY: Former Section 11-35-50, was titled Political subdivisions required to...
Section 11-35-55. Recodified. - HISTORY: Former Section 11-35-55, was titled Purchase of goods or...
Section 11-35-60. Dissemination of regulations. - The dissemination of regulations relating to the implementation of this...
Section 11-35-70. Recodified. - HISTORY: Former Section 11-35-70, was titled School district subject to...
Section 11-35-210. Determinations; exemption. - (A) Written determinations expressly required by the code or regulations...
Section 11-35-310. Definitions. - Unless the context clearly indicates otherwise: (1) "Information Technology (IT)"...
Section 11-35-410. Public access to procurement information. - (A) Procurement information must be a public record to the...
Section 11-35-450. Reporting purchases. - (A) The purchase of furniture, floor coverings, wall coverings, or...
Section 11-35-510. Centralization of materials management authority. - All rights, powers, duties, and authority relating to the procurement...
Section 11-35-530. Advisory committees. - The following advisory committees may be established by the board...
Section 11-35-540. Authority and duties of the board. - (1) Authority to Promulgate Regulations. Except as otherwise provided in...
Section 11-35-710. Exemptions. - (A) The board, upon the recommendation of the chief procurement...
Section 11-35-810. Creation of Materials Management Office. - There is hereby created, within the Division of Procurement Services,...
Section 11-35-820. Creation of Information Technology Management Office. - There is created within the Division of Procurement Services, the...
Section 11-35-830. Creation of the Office of State Engineer. - There is created within the board, the State Engineer's Office...
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...
Section 11-35-840. Delegation of authority. - Subject to the regulations of the board, the chief procurement...
Section 11-35-845. Oversight of permanent improvement projects. - Each agency of state government that has total management capability...
Section 11-35-1010. Relationship with using agencies. - The chief procurement officers shall maintain a close and cooperative...
Section 11-35-1020. Advisory groups. - The chief procurement officers may appoint advisory groups such as...
Section 11-35-1030. Procurement training and certification. - The chief procurement officers develop a system of training for...
Section 11-35-1210. Certification. - (1) Authority. In an amount up to fifty thousand dollars...
Section 11-35-1220. Collection of data concerning public procurement. - The chief procurement officers are authorized to prepare statistical data...
Section 11-35-1230. Auditing and fiscal reporting. - (1) The Division of Procurement Services, through consultation with the...
Section 11-35-1240. Administrative penalties. - (A) The board shall prescribe administrative penalties for violation of...
Section 11-35-1250. Authority to contract for auditing services. - No contract for auditing or accounting services shall be awarded...
Section 11-35-1260. Authority to contract for legal services. - No contract for the services of attorneys shall be awarded...
Section 11-35-1410. Definitions of terms used in this article. - Unless the context clearly indicates otherwise: (1) "Commercial product" means...
Section 11-35-1510. Methods of source selection. - Unless otherwise provided by law, all state contracts must be...
Section 11-35-1520. Competitive sealed bidding. - (1) Condition for Use. Contracts must be awarded by competitive...
Section 11-35-1524. Resident vendor preference. - (A) For purposes of this section: (1) "End product" means...
Section 11-35-1525. Competitive fixed price bidding. - (1) Conditions for Use. When the procurement officer determines in...
Section 11-35-1528. Competitive best value bidding. - (1) Conditions for Use. When the procurement officer determines in...
Section 11-35-1529. Competitive online bidding. - (1) Conditions for Use. When the procurement officer determines in...
Section 11-35-1530. Competitive sealed proposals. - (1) Conditions for Use. (a) If the procurement officer determines...
Section 11-35-1535. Competitive negotiations. - (A) Conditions for Use. (1) Competitive negotiations are most appropriate...
Section 11-35-1540. Negotiations after unsuccessful competitive sealed bidding. - When bids received pursuant to an invitation for bids under...
Section 11-35-1550. Small purchase procedures; when competitive bidding required. - (1) Authority. The following small purchase procedures may be utilized...
Section 11-35-1560. Sole source procurement; public notice. - (A) A contract may be awarded for a supply, service,...
Section 11-35-1570. Emergency procurements; public notice. - (A) Notwithstanding any other provision of this code, the chief...
Section 11-35-1575. Participation in auction or sale of supplies from bankruptcy. - A governmental body having knowledge of either an auction or...
Section 11-35-1580. Repealed. - HISTORY: Former Section, titled Information technology procurements, had the following...
Section 11-35-1710. Cancellation of invitation for bids or request for proposals. - Any solicitation under this code may be cancelled, or any...
Section 11-35-1810. Responsibility of bidders and offerors. - (1) Determination of Responsibility. Responsibility of the bidder or offeror...
Section 11-35-1820. Prequalification of supplies and suppliers. - The board shall be authorized to provide by regulation for...
Section 11-35-1830. Cost or pricing data. - (1) Contractor Certification. A contractor shall, except as provided in...
Section 11-35-1840. Promulgation of regulations. - The board may promulgate regulations to prescribe responsibilities, general rules,...
Section 11-35-2010. Types of contracts; contracting documents and usage instructions. - (1) Types of Contracts. Subject to the limitations of this...
Section 11-35-2015. Effect of contract or amendment. - A contract or amendment thereto, including, but not limited to,...
Section 11-35-2020. Approval of accounting system. - The chief procurement officer, the head of a purchasing agency,...
Section 11-35-2030. Multiterm contracts. - (1) Specified Period. Unless otherwise provided by law, a contract...
Section 11-35-2040. Inapplicable laws. - The following laws are inapplicable to contracts solely for the...
Section 11-35-2050. Void contract terms or conditions. - Any term or condition in any contract entered into by...
Section 11-35-2060. Material changes prohibited. - A change order or a contract modification may not alter...
Section 11-35-2210. Right to inspect plant. - The appropriate chief procurement officer or his designee is authorized,...
Section 11-35-2220. Right to audit records. - (1) Audit of Cost or Pricing Data. All state contracts...
Section 11-35-2410. Finality of determinations. - (A) The determinations required by the following sections and related...
Section 11-35-2420. Reporting of anticompetitive practices; privileged communications. - (A) When any information or allegations concerning anticompetitive practices among...
Section 11-35-2430. Retention of procurement records. - All procurement records of governmental bodies shall be retained and...
Section 11-35-2440. Records of procurement actions. - (1)(a) Contents of Records. A governmental body as defined in...
Section 11-35-2610. Definitions of terms used in this article. - As used in this article, the term "specifications" means any...
Section 11-35-2710. Issuance of specifications; duties of the board. - The board shall promulgate regulations governing the preparation, maintenance, and...
Section 11-35-2720. Duties of the chief procurement officers and the using agencies. - The chief procurement officers may prepare or review, issue, revise,...
Section 11-35-2730. Assuring competition. - All specifications shall be drafted so as to assure cost...
Section 11-35-2740. Relationship with using agencies. - The chief procurement officers shall obtain advice and assistance from...
Section 11-35-2750. Specifications prepared by architects and engineers. - The requirements of this article regarding the nonrestrictiveness of specifications...
Section 11-35-2910. Definitions of terms used in this article. - (1) "Architect-engineer and land surveying services" are those professional services...
Section 11-35-3005. Project delivery methods authorized. - (1) The following project delivery methods are authorized for procurements...
Section 11-35-3010. Choice of project delivery method. - (1) Selection of Method. The project delivery method used for...
Section 11-35-3015. Source selection methods assigned to project delivery methods. - (1) Scope. This section specifies the source selection methods applicable...
Section 11-35-3020. Additional bidding procedures for construction procurement. - Exceptions in Competitive Sealed Bidding Procedures. The process of competitive...
Section 11-35-3021. Subcontractor substitution. - (1) After notice of an award or intended award has...
Section 11-35-3023. Prequalification on state construction. - In accordance with this section, the applicable section of Article...
Section 11-35-3024. Additional procedures applicable to procurement of certain project delivery methods. - (1) Applicability. In addition to the requirements of Section 11-35-1530...
Section 11-35-3030. Bond and security. - (1) Bid Security. (a) Requirement for Bid Security. Bid security...
Section 11-35-3035. Errors and omissions insurance. - Regulations shall be promulgated that specify when a governmental body...
Section 11-35-3037. Other forms of security. - The governmental body may require one or more of the...
Section 11-35-3040. Contract clauses and their administration. - (1) Contract Clauses. State construction contracts and subcontracts may include...
Section 11-35-3050. Cost principles regulations for construction contractors. - The board may promulgate regulations setting forth cost principles which...
Section 11-35-3060. Fiscal responsibility. - Every contract modification, change order, or contract price adjustment under...
Section 11-35-3070. Approval of architectural, engineering, or construction changes which do not alter general scope or intent or exceed approved budget. - Consistent with any applicable regulation of the board, a governmental...
Section 11-35-3210. Policy. - Policy. It is the policy of this State to announce...
Section 11-35-3215. Preference for resident design service; definitions; exceptions. - (A) As used in this section: (1) "Design services" means...
Section 11-35-3220. Qualifications based selection procedures. - (1) Agency Selection Committee. A governmental body shall establish its...
Section 11-35-3230. Exception for small architect-engineer, construction management and land surveying services contract. - (1) Procurement Procedures for Certain Contracts. A governmental body securing...
Section 11-35-3240. Manual for planning and execution of state permanent improvements. - As relates to this code and the ensuing regulations, a...
Section 11-35-3245. Architect, engineer, or construction manager; performance of other work. - (a) An architect or engineer performing design work, or a...
Section 11-35-3305. Establishment of indefinite quantity contracts. - With the approval of the appropriate chief procurement officer, and...
Section 11-35-3310. Indefinite quantity contracts for architectural-engineering and land-surveying services. - (1) General Applicability. Indefinite quantity contracts may be awarded on...
Section 11-35-3320. Task order contracts. - (A) The term "task order contract" means a contract that...
Section 11-35-3410. Contract clauses and their administration. - (1) Contract Clauses. The board may promulgate regulations requiring the...
Section 11-35-3510. Cost principles required for supplies and services contracts. - The board may promulgate regulations setting forth cost principles that...
Section 11-35-3620. Management of warehouses and inventory. - Until such time as the General Assembly may act upon...
Section 11-35-3810. Regulations for sale, lease, transfer and disposal. - Subject to existing provisions of law, the board shall promulgate...
Section 11-35-3820. Allocation of proceeds for sale or disposal of surplus supplies. - Except as provided in Section 11-35-3830 and the regulations pursuant...
Section 11-35-3830. Trade-in sales. - (1) Trade-in Value. Unless otherwise provided by law, governmental bodies...
Section 11-35-3840. Licensing for public sale of certain publications and materials. - The Division of Procurement Services may license for public sale...
Section 11-35-3850. Sale of unserviceable supplies. - Governmental bodies approved by the Department of Administration may sell...
Section 11-35-4210. Right to protest; procedure; duty and authority to attempt to settle; administrative review; stay of procurement. - (1) Right to Protest. (a) A prospective bidder, offeror, contractor,...
Section 11-35-4215. Posting of bond or irrevocable letter of credit. - The agency may request that the appropriate chief procurement officer...
Section 11-35-4220. Authority to debar or suspend. - (1) Authority. After reasonable notice to the person or firm...
Section 11-35-4230. Authority to resolve contract and breach of contract controversies. - (1) Applicability. This section applies to controversies between a governmental...
Section 11-35-4310. Solicitations or awards in violation of the law. - (1) Applicability. The provisions of this section apply where it...
Section 11-35-4315. Unauthorized award or modification of a contract. - The board may provide by regulation for appropriate action where...
Section 11-35-4320. Contract controversies. - Remedies available in a contract controversy brought under the provisions...
Section 11-35-4330. Frivolous protests. - (1) Signature on Protest Constitutes Certificate. The signature of an...
Section 11-35-4340. Rights and remedies. - There is no remedy against the State other than those...
Section 11-35-4410. Procurement Review Panel. - (1) Creation. There is created the South Carolina Procurement Review...
Section 11-35-4420. Participation in review. - The appropriate chief procurement officer and an affected governmental body...
Section 11-35-4425. Final order not appealed. - If a final order of a chief procurement officer or...
Section 11-35-4430. Communication with panel members. - Unless required for the disposition of ex parte matters authorized...
Section 11-35-4610. Definitions of terms used in this article. - As used in this article, unless the context clearly indicates...
Section 11-35-4810. Cooperative purchasing authorized. - (1) Any public procurement unit may participate in, sponsor, conduct,...
Section 11-35-4820. Selective mandatory opting. - As prescribed in regulation by the board, any local public...
Section 11-35-4830. Sale, acquisition, or use of supplies by a public procurement unit. - Any public procurement unit may sell to, acquire from, or...
Section 11-35-4840. Cooperative use of supplies or services. - Any public procurement unit may enter into an agreement independent...
Section 11-35-4850. Joint use of facilities. - Any public procurement unit may enter into agreements for the...
Section 11-35-4860. Supply of personnel, information, and technical services. - (1) Supply of Personnel. Any public procurement unit is authorized,...
Section 11-35-4870. Use of payments received by a supplying public procurement unit. - All payments from any public procurement unit or external procurement...
Section 11-35-4880. Public procurement units in compliance with code requirements. - Where the public procurement unit administering a cooperative purchase complies...
Section 11-35-4890. Review of procurement requirement. - To the extent possible, the chief procurement officers may collect...
Section 11-35-4900. Intergovernmental acquisitions. - (1) Any procurement by a governmental body from any other...
Section 11-35-5010. Definitions of terms used in this article. - The board may promulgate regulations establishing detailed definitions of the...
Section 11-35-5210. Statement of policy and its implementation. - (1) Statement of Policy. The South Carolina General Assembly declares...
Section 11-35-5220. Duties of the chief procurement officers. - (1) Assistance from the Chief Procurement Officers. The chief procurement...
Section 11-35-5230. Regulations for negotiation with state minority firms. - (A) The board shall promulgate regulations that designate such procurement...
Section 11-35-5240. Minority business enterprise (MBE) Utilization Plan. - (1) To emphasize the use of minority small businesses, each...
Section 11-35-5250. Progress payments and letters of credit. - (1) Progress Payments. The chief procurement officers may make special...
Section 11-35-5260. Reports of number and dollar value of contracts awarded to minority firms. - The Small and Minority Business Assistance Office shall report annually...
Section 11-35-5270. Division of Small and Minority Business Contracting and Certification. - The Division of Small and Minority Business Contracting and Certification...
Section 11-35-5300. Prohibition of contracting with discriminatory business. - (A) A public entity may not enter into a contract...
Section 11-35-5310. Surety bonds; public entity may not designate surety company. - If the State, or county, city, public service district, or...
Section 11-35-5320. Political subdivisions required to develop and adopt procurement laws. - All political subdivisions of the State shall adopt ordinances or...
Section 11-35-5330. Purchase of goods or services from entity employing prison inmates of another state paid less than federal minimum wage prohibited. - A governmental body procuring goods or services under the Consolidated...
Section 11-35-5340. School district subject to consolidated procurement code; exemptions. - Irrespective of the source of funds, any school district whose...