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Audit & Certification

Guidelines to Request an Increase in Procurement Certification

To request an increase in Agency Certification for any Procurement category, please provide the following information to the Materials Management Officer:

  1. Provide written justification for increased certification; please do not ask for more than the agency needs. For example: the agency has specialized programs with internal product knowledge not used by other agencies; the agency has requested multiple delegations in the last three years and demonstrated the ability to successfully solicit the required supplies and services or construction.
  2. Provide an organization chart for the procurement department, as well as an organization chart showing the location of the procurement department within the overall agency structure.
  3. Provide the qualifications and experience of key members of the procurement staff; include any specialized knowledge by individual staff.
  4. An analysis of expected retirements of key procurement personnel and a succession plan that demonstrates the continued ability to conduct compliant procurements.
  5. An explanation of recent or expected increases in procurement volume that require a higher certification.
▽ Quarterly Reporting Statutes and Regulation

Below are the Procurement Code Statutes and Regulation that require certain procurement data to be reported on a quarterly basis.

Sole Sources and Emergencies:
SECTION 11-35-2440. Records of procurement actions.
(1)(a) Contents of Records. A governmental body as defined in Section 11-35-310(18) shall submit quarterly a record listing all contracts made pursuant to Section 11-35-1560 (Sole Source Procurement) or Section 11-35-1570 (Emergency Procurements) to the chief procurement officers. The record must contain:
(i) each contractor's name;
(ii) the amount and type of each contract;
(iii) a listing of supplies, services, information technology, or construction procured under each contract.

Trade-In Sales:
SECTION 11-35-3830. Trade-in sales.
(1) Trade-in Value. Unless otherwise provided by law, governmental bodies may trade-in personal property, the trade-in value of which may be applied to the procurement or lease of like items. The trade-in value of such personal property shall not exceed an amount as specified in regulations promulgated by the board.
(2) Approval of Trade-in Sales. When the trade-in value of personal property of a governmental body exceeds the specified amount, the board shall have the authority to determine whether:
(a) the subject personal property shall be traded in and the value applied to the purchase of new like items; or
(b) the property shall be classified as surplus and sold in accordance with the provisions of Section 11-35-3820. The board's determination shall be in writing and be subject to the provisions of this chapter.
(3) Record of Trade-in Sales. Governmental bodies shall submit quarterly to the materials management officer a record listing all trade-in sales made under subsections (1) and (2) of this section.

Unauthorized (Illegal) Procurements:
19-445.2015. Ratification.
A. Upon finding after award that a State employee has made an unauthorized award of a contract or that a contract award is otherwise in violation of law, the appropriate official may ratify or affirm the contract or terminate it in accordance with this section. The contract may be terminated and reasonable termination costs, if any, may be awarded as provided in this section. The contract may be ratified and affirmed only if it is in the best interests of the State. The decision required by this subsection A may be made by the chief procurement officer, the head of a purchasing agency, or a designee of either officer, above the level of the person responsible for the person committing the act. If the value of the contract exceeds one hundred thousand dollars, the chief procurement officer must concur in the written determination before any action is taken on the decision.
B. All decisions to ratify or terminate a contract shall be supported by a written determination of appropriateness. In addition, the appropriate official shall prepare a written determination as to the facts and circumstances surrounding the act, what corrective action is being taken to prevent recurrence, and the action taken against the individual committing the act. Any governmental body shall submit quarterly a record listing all decisions required by subsection A to the chief procurement officers. A copy of the record shall be submitted to the board on an annual basis and shall be available for public inspection.

Preferences and 10% Rule:
SECTION 11-35-1220. Collection of data concerning public procurement.
The chief procurement officers are authorized to prepare statistical data concerning the procurement, use, and disposition of all supplies, services, information technology, and construction. All using agencies shall furnish these reports as the chief procurement officers may require concerning use, needs, and stocks on hand, and the chief procurement officers shall prescribe forms to be used by the using agencies in requisitioning, ordering, and reporting supplies, services, information technology, and construction. The chief procurement officers shall limit requests for information to those items necessary for the effective operation of the purchasing system, but using agencies must be required to provide information as requested.

Procurement Code
Procurement Regulations


Division of Procurement Services
1201 Main St., Suite 600  |  Columbia, SC 29201
MAIN: 803.737.0600  |  FAX: 803.737.0639
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