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COMMITTEE REPORT
May 17, 2006
S. 368
S. Printed 5/17/06--H.
Read the first time March 2, 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 with amendment:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ 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 (i) employs, either directly or through consultants, an adequate number of persons domiciled in South Carolina or (ii) performs in South Carolina 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 resident or nonresident of a contract involving design services must be supported by a written determination explaining why the award was made to the selected firm.
(D) When qualifications appear to be equal, the resident firm must be selected.
(E) 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. /
Renumber sections to conform.
Amend title to conform.
HARRY F. CATO for Committee.
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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