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COMMITTEE REPORT
February 23, 2005
S. 368
S. Printed 2/23/05--S.
Read the first time January 27, 2005.
To whom was referred a Bill (S. 368) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
HUGH K. LEATHERMAN, SR. for Committee.
EXPLANATION OF IMPACT:
A review of this bill indicates agencies may incur minimal costs which can be absorbed within existing resources for creating a form for vendors to use in complying as well as informing agencies and vendors regarding the statute.
Approved By:
Don Addy
Office of State Budget
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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