Can South Carolina school boards use design-build contracts instead of bidding?

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:

According to South Carolina law, all political subdivisions, including school districts, must develop and adopt procurement laws that ensure competitive procurement practices (S.C. Code § 11-35-50). School districts with annual budgets exceeding seventy-five million dollars must follow the South Carolina Consolidated Procurement Code, regardless of funding source (S.C. Code § 11-35-70). However, if a school district has its own procurement code that is deemed substantially similar to the state code, it may be exempt from certain provisions, except for a required procurement audit every three years.

In summary, while South Carolina school boards can negotiate contracts under certain conditions, they must adhere to the established procurement laws unless they qualify for exemptions.

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.

FAQs

SC Code 11-35-4230 pertains to the procurement process for construction services in South Carolina. It outlines the requirements for competitive bidding and the conditions under which certain exemptions may apply. This code is part of the South Carolina Consolidated Procurement Code, which aims to ensure transparency and fairness in public contracting. Always verify the latest version of the law before relying on it.