(Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\001\STATE CONTRACTS3.DOCX):
EXPLANATION: Requires SFAA to develop guidelines for contracts exceeding $50K incentivizing prompt payment of employees when total cost of manual labor exceeds 70% of total cost of all labor.
Amend the bill, as and if amended, Part IB, Section 117, GENERAL
PROVISIONS, page 506, after line 2, by adding an appropriately
numbered paragraph to read:
/(GP: State Contracts) Of the funds appropriated
or authorized to the State Fiscal Accountability Authority, the
authority shall develop guidelines regarding covered contracts
exceeding $50,000 that state agencies enter into which
incentivizes contractors to pay their employees promptly. For
purposes of this proviso, a "covered contract" is any
contract that involves the physical performance of manual labor
within South Carolina, if the contracting agency reasonably
anticipates that the total cost of the manual labor will exceed
seventy percent of the total cost of all labor. These
guidelines shall provide that an agency may consider a
prospective contractor's record of promptly paying its employees
both (a) when making a determination of the contractor's
responsibility to perform, or (b) when deciding whether to
exercise a contractual right to extend, renew, or otherwise
lengthen an existing contract. The guidelines may, but are not
required to, include model terms and conditions that allow the
State to deem a contractor's persistent failure to timely pay
its employees as a material breach of contract./
Renumber sections to conform.
Amend totals and titles to conform.