(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 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. HISTORY: 2006 Act No. 375, Section 1; 2009 Act No. 72, Section 4.
South Carolina Legal Code