2015 South Carolina Code of Laws
Title 11 - Public Finance
CHAPTER 35 - SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE

ARTICLE 1 General Provisions

Section 11-35-10. Citation.
Section 11-35-20. Purpose and policies.
Section 11-35-25. Supersession of conflicting laws.
Section 11-35-30. Obligation of good faith.
Section 11-35-35. Surety bonds; public entity may not designate surety company.
Section 11-35-40. Application of Procurement Code.
Section 11-35-45. Payment for goods and services received by State.
Section 11-35-50. Political subdivisions required to develop and adopt procurement laws.
Section 11-35-55. Purchase of goods or services from entity employing prison inmates of another state paid less than federal minimum wage prohibited.
Section 11-35-60. Dissemination of regulations.
Section 11-35-70. School district subject to consolidated procurement code; exemptions.
Section 11-35-210. Determinations.
Section 11-35-310. Definitions.
Section 11-35-410. Public access to procurement information.
Section 11-35-450. Reporting purchases.

ARTICLE 3 Procurement Organization

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.

ARTICLE 5 Source Selection and Contract Formation

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 11-35-1540. Negotiations after unsuccessful competitive sealed bidding.
Section 11-35-1550. Small purchase procedures; when competitive bidding required.
Section 11-35-1560. Sole source procurement.
Section 11-35-1570. Emergency procurements.
Section 11-35-1575. Participation in auction or sale of supplies from bankruptcy.
Section 11-35-1580. Information technology procurements.
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 11-35-2010. Types of contracts; contracting documents and usage instructions.
Section 11-35-2020. Approval of accounting system.
Section 11-35-2030. Multiterm contracts.
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.
Section 11-35-2430. Retention of procurement records.
Section 11-35-2440. Records of procurement actions.

ARTICLE 7 Specifications

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.

ARTICLE 9 Construction, Architect-Engineer, Construction Management, and Land Surveying Services

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 11-35-3024. Additional procedures applicable to procurement of certain project delivery methods.
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 11-35-3070. Approval of architectural, engineering, or construction changes which do not alter scope or intent or exceed approved budget.
Section 11-35-3210. Policy.
Section 11-35-3215. Preference for resident design service; definitions; exceptions.
Section 11-35-3220. Qualifications based selection procedures.
Section 11-35-3230. Exception for small architect-engineer and land surveying services contract.
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.

ARTICLE 10 Indefinite Delivery Contracts

Section 11-35-3310. Indefinite delivery contracts for construction items, architectural-engineering, and land surveying services.

ARTICLE 11 Modifications and Termination of Contracts for Supplies and Services

Section 11-35-3410. Contract clauses and their administration.

ARTICLE 13 Cost Principles

Section 11-35-3510. Cost principles required for supplies and services contracts.

ARTICLE 15 Supply Management

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.

ARTICLE 17 Legal and Contractual Remedies

Section 11-35-4210. Right to protest; procedure; duty and authority to attempt to settle; administrative review; stay of procurement.
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 11-35-4320. Contract controversies.
Section 11-35-4330. Frivolous protests.
Section 11-35-4410. Procurement Review Panel.
Section 11-35-4420. Participation in review.

ARTICLE 19 Intergovernmental Relations

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.

ARTICLE 21 Assistance to Minority Businesses

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.

ARTICLE 23 Statewide Provisions

Section 11-35-5300. Prohibition of contracting with discriminatory business.

Disclaimer: These codes may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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2015 South Carolina Code of LawsTitle 11 - Public FinanceCHAPTER 35 - SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE

2015 South Carolina Code of Laws
Title 11 - Public Finance
CHAPTER 35 - SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE