Full question:
Does the State of South Carolina allow local school board to build a project as a design bill with specified Architect and contractor. In other words are they allowed to negotiate verses bidding using State funds?
- Category: Contractors
- Date:
- State: North Carolina
Answer:
Please see the following SC statutes to determine applicability:
§ 11-35-50. Political subdivisions required to develop and adopt
procurement laws.
All political subdivisions of the State shall adopt ordinances or
procedures embodying sound principles of appropriately competitive
procurement no later than July 1, 1983. The Budget and Control Board, in
cooperation with the Procurement Policy Committee and subdivisions
concerned, shall create a task force to draft model ordinances,
regulations, and manuals for consideration by the political
subdivisions. The expenses of the task force shall be funded by the
General Assembly. The task force shall complete its work no later than
January 1, 1982. A political subdivision's failure to adopt appropriate
ordinances, procedures, or policies of procurement is not subject to the
legal remedies provided in this code.
§ 11-35-70. School district subject to consolidated procurement code;
exemptions.
Irrespective of the source of funds, any school district whose budget
of total expenditures, including debt service, exceeds seventy-five
million dollars annually is subject to the provisions of Chapter 35 of
Title 11, and shall notify the Director of the Office of General Services
of the Budget and Control Board of its expenditures within ninety days
after the close of its fiscal year. However, if a district has its own
procurement code which is, in the written opinion of the Office of General
Services of the State Budget and Control Board, substantially similar to
the provisions of the South Carolina Consolidated Procurement Code, the
district is exempt from the provisions of the South Carolina Consolidated
Procurement Code except for a procurement audit which must be performed
every three years by an audit firm approved by the Office of General
Services. Costs associated with the internal review and audits are the
responsibility of the school district and will be paid to the entity
performing the audit.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
