South Carolina § 11-35-3215 Preference for resident design service; definitions; exceptions.

South Carolina Statutes

§ 11-35-3215 — Preference for resident design service; definitions; exceptions.

South Carolina § 11-35-3215

Title 11PUBLIC FINANCE

Ch. 35SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE

This text of South Carolina § 11-35-3215 (Preference for resident design service; definitions; exceptions.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 11-35-3215 (2026).

Text

(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 and awarded pursuant to Section 11-35-3220.

(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

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(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 and awarded pursuant to Section 11-35-3220. (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 the award was made to the selected firm. (D) In an evaluation conducted pursuant to Section 11-35-3220, a resident firm must be ranked higher than a nonresident firm if the agency selection committee finds the two firms otherwise equally qualified. (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.

Legislative History

HISTORY: 2006 Act No. 375, SECTION 1; 2009 Act No. 72, SECTION 4. Editor's Note 2009 Act No. 72, SECTION 6 provides as follows: "This act takes effect upon approval by the Governor and applies to solicitations issued after that date; except that Sections 1, 2, and 4 of this act take effect upon and apply to solicitations issued after the first Monday in September following approval by the Governor."