Legal

Attached is a list of reference materials regarding government contracts, procurement, information technology, and construction.

In 2019, the General Assembly enacted significant changes to the Procurement Code. Those changes appear in 2019 Act No. 41 (Senate Bill 530), a copy of which is posted below.

In 2009, General Assembly enacted changes to the Procurement Code, primarily regarding in-state vendor preferences. A copy of 2009 S. 116 (Act 72) is attached below.

In 2008, the General Assembly enacted significant changes to the Procurement Code, primarily to Article 9, which addresses construction. Those changes appear in 2008 Act No. 174 (Senate Bill 282), a copy of which is posted below.

In 2006, the General Assembly passed five Acts that amended the Consolidated Procurement Code. Of those, 2006 Act 376 (Senate Bill 572) was the most significant. Many of this act's changes were technical. Many others codified long-standing practices. The attached version of the bill (S. 572) shows all the changes as against the procurement code then in effect. Also attached are announcements and documentation related to the changes made by Act 376.

Regulations - for information regarding changes to the procurement regulations, scroll down to entries beginning with the word "Regulation".

Rule 404 of the South Carolina Appellate Court Rules, which governs the admission to practice law pro hac vice, was admended. As amended, this rule governs pro hac vice admissions for practice before an administrative body. See also Regulation 19-446.

Appellate Decisions Citing the Procurement Code or Regulations

Attached are two decisions regarding the enforceability of contract clauses requiring mandatory binding arbitration.

The South Carolina Attorney General has issued numerous opinions on the legality of indemnification clauses in contracts with state agencies. A recent opinion addresses attempts to circumvent the limits on such obligations by artfully drafted clauses regarding "financial responsibility." (See opinion dated February 7, 2013).

The Attorney General has also advised against the State agreeing to defend a contractor against third party claims.

Recent examples of these opinions are attached, as is an overview and analysis, including tips on how to avoid these obligations.

In 1998, the American Bar Association's House of Delegates approved a resolution outlining ten Principles of Competition in Public Procurements and urging that any public acquisition at the federal, state, local, and territorial level adhere to these principles in obtaining supplies, services, and construction. These principles are posted by the ABA here.

The underlying report, issued by a committee of the ABA's Section of Public Contract Law, is attached.

In 2018 SFAA proposed additional regulations. Those regulations, with slight changes, were approved earlier this year and became effective April 24, 2020. In 2019 SFAA proposed additional regulations. Those regulations, again with slight changes, were approved earlier this year and became effective June 26, 2020. Regulation 19-445 as it existed before these amendments is posted below. Also posted below are each set of amended regulations, as published in the State Register, along with documents highlighting the changes made by the 2020 amendments.

A "redline" version posted below shows the cumulative changes made to Reg. 19-445 by the amendments published on April 24 and June 26, 2020. This redline version is offered only as a tool to assist in identifying changes. Users must rely on the official versions published in the Code of Regulations and the State Register!

On August 23, 2019, Legislative Council published interim regulations in the State Register that substantially modified the Procurement Regulations. The August 23, 2019, edition of the Code Pamphlet, published by Thompson Reuters and distributed by the Division of Procurement Services, reflects changes made by the interim regulations. The Procurement Regulations as they existed before these amendments is posted below. Also posted below are documents highlighting the changes made by the 2019 interim regulations.

A "redline" version posted below shows the changes made to the existing regulations by the regulations published on August 23, 2019. This redline version is offered only as a tool to assist in identifying changes. Users must rely on the official versions published in the Code of Regulations and the State Register!