South Carolina General Assembly
116th Session, 2005-2006

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Bill 368


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3215 SO AS TO PROVIDE A PREFERENCE IN THE STATE PROCUREMENT PROCESS FOR A RESIDENT DESIGN PROFESSIONAL, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.

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

SECTION    1.    Subarticle 5, Article 9, Chapter 35 of Title 11 of the 1976 Code is amended by adding:

"Section 11-35-3215.    (A)    As used in this section:

(1)    'Design services' means architect-engineer, construction management, or land surveying services as defined in Section 11-35-2910.

(2)    'Resident' means a business that employs, either directly or through consultants, an adequate number of persons domiciled in South Carolina to perform a majority of the design services involved in the procurement.

(B)    A business responding to an invitation involving design services shall submit a certification with its response stating whether the business is a resident for purposes of the procurement. Submission of a certification under false pretenses is grounds for suspension or debarment.

(C)    An award to a nonresident of a contract involving design services must be supported by a written determination explaining why award to a nonresident is in the best interest of the state.

(D)    This section does not apply to a procurement if either the procurement does not involve construction or the design services are a minor accompaniment to a contract for nondesign services."

SECTION    2.    This act takes effect upon approval by the Governor.

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