South Carolina General Assembly
104th Session, 1981-1982

Bill 992

                    Current Status

Bill Number:               992
Ratification Number:       538
Act Number                 431
Introducing Body:          Senate
Subject:                   Relating to the Procurement Review Panel
                           established under the provisions of the South
                           Carolina Consolidated Procurement Code
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A431, R538, S992)

AN ACT TO AMEND SECTION 11-35-4410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCUREMENT REVIEW PANEL ESTABLISHED UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT PER DIEM, MILEAGE, AND SUBSISTENCE SHALL BE PAID TO MEMBERS OF THE PANEL AND TO REVISE CERTAIN PROVISIONS PERTAINING TO THE JURISDICTION AND PROCEDURES OF THE PANEL; TO AMEND SECTION 11-35-4830, RELATING TO SALE, ACQUISITION, OR USE OF SUPPLIES BY A PUBLIC PROCUREMENT UNIT, SO AS TO FURTHER PROVIDE FOR SUCH SALE, ACQUISITION, OR USE; AND TO AMEND SECTION 11-35-4840, RELATING TO COOPERATIVE USE OF SUPPLIES OR SERVICES BY A PUBLIC PROCUREMENT UNIT, SO AS TO FURTHER PROVIDE FOR SUCH COOPERATIVE USE.

Be it enacted by the General Assembly of the State of South Carolina:

Procurement review panel

Section 1. Subsections (3), (5), (6), and (7) of Section 11-35-4410 of the 1976 Code, which were added by the provisions of Act 148 of 1981, are amended to read:

"(3) Chairperson and Meetings. The panel shall elect a chairman from among its members and shall meet as often as necessary to afford a swift resolution of the controversies submitted to it. Five members present and voting shall constitute a quorum. Members of the panel shall be paid per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees to be paid from funds appropriated to the State Budget and Control Board.

(5) Jurisdiction. Notwithstanding the provisions of Act 176 of 1977 or any other provision of law, the panel shall be vested with the authority to interview any person it deems necessary, review all written decisions rendered under Sections 11-35-4210, 11-35-4220, and 11-35-4230, and record all determinations. The panel shall establish its own rules and procedures for the conduct of its business, including the holding of necessary hearings.

(6) Procedure. If a chief procurement officer forwards a grievance, filed under the provisions of Section 11-35-4210(5), to the Review Panel, the chairman shall convene the Review Panel within ten days to conduct an administrative review of the determinations rendered under Sections 11-35-4210, 11-35-4220, and 11-35-4230. The Review Panel shall record its determination within thirty days and shall communicate its decision to those involved in the determination. In the alternative, the chairman within ten days may appoint a hearing officer to conduct the administrative review and report his recommendations to the Review Panel for its determination. If a hearing officer is appointed, his report shall be submitted to the Review Panel within ten days after his appointment and the Review Panel must still record its decision within thirty days after being convened for this purpose.

(7) Finality. A determination by the Review Panel shall be final as to administrative review."

Sale, acquisition, or use of supplies by a public procurement unit

Section 2. Section 11-35-4830 of the 1976 Code, which was added by the provisions of Act 148 of 1981, is amended by striking on line four "independent of" and inserting "in accordance with". The section when amended shall read:

"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 use any supplies belonging to another public procurement unit or external procurement activity in accordance with the requirements of Articles 5 and 15 of this chapter; provided, that such procurement shall take place only when the procuring entities have good reason to expect the intergovernmental procurement to be more cost effective than doing their own procurement."

Cooperative use of supplies and services

Section 3. Section 11-35-4840 of the 1976 Code, which was added by the provisions of Act 148 of 1981, is amended by striking beginning on line two "independent of" and inserting "in accordance with". The section when amended shall read:

"Section 11-35-4840. Cooperative Use of Supplies or Services. Any public procurement unit may enter into an agreement in accordance with the requirements of Articles 5 and 15 of this chapter with any other public procurement unit or external procurement activity for the cooperative use of supplies or services under the terms agreed upon between the parties; provided, that such cooperative use of supplies or services shall take place only when the public procurement units have good reason to expect the cooperative use to be more cost effective than utilizing their own supplies and services."

Analysis lines

Section 4. The analysis lines of Sections 11-35-4410, 11-35-4830, and 11-35-4840 of the 1976 Code as contained in Sections 1, 2, and 3 of this act, respectively, shall be for informational purposes only and shall not be deemed to be a part of the section itself.

Time effective

Section 5. This act shall take effect upon the approval by the Governor.