Current Status Introducing Body:Senate Bill Number:882 Primary Sponsor:Passailaigue Committee Number:11 Type of Legislation:JR Subject:Defense contracts, competitive sealed bidding Residing Body:Senate Current Committee:Judiciary Computer Document Number:882 Introduced Date:19940111 Last History Body:Senate Last History Date:19940111 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Passailaigue Reese Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
882 Senate 19940111 Introduced, read first time, 11
referred to Committee
882 Senate 19931025 Prefiled, referred to 11
Committee
View additional legislative information at the LPITS web site.
TO AUTHORIZE A FIVE PERCENT PRICE PREFERENCE TO A "BUSINESS THAT IS HEAVILY DEPENDENT ON DEFENSE CONTRACTS OR SUBCONTRACTS" WHEN THE VENDOR SUBMITS A COMPETITIVE SEALED BID FOR A STATE CONTRACT, TO DEFINE THE BUSINESSES TO WHICH THIS PREFERENCE WOULD BE APPLICABLE, AND TO FURTHER PROVIDE FOR THE APPLICATION OF THIS PREFERENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. "Business that is heavily dependent on defense contracts or subcontracts" means any individual, sole proprietorship, partnership, joint stock company, joint venture, corporation, or legal entity which:
(a) is authorized to do business in this State;
(b) has its principal place of business in this State; and
(c) had fifty percent or more of its income in its last fiscal year preceding the effective date of this joint resolution generated by operations within this State from defense contracts or subcontracts entered into with United States Navy installations located in Charleston.
SECTION 2. In determining the lowest responsive and responsible bidder pursuant to Section 11-35-1520, the chief procurement officer or other appropriate official shall, subject to the requirements of this act, make the award to a business that is heavily dependent on defense contracts or subcontracts if a bid is received from such a business which does not exceed the lowest responsive and responsible bidder that does not qualify for the preference provided in this act by more than five percent.
To be eligible for this preference, a vendor must otherwise qualify as a responsive and responsible bidder. To qualify for consideration under this provision, a business must have filed documents and affidavits which reasonably prove such status with the chief procurement officer or the procuring agency at least two weeks prior to the date by which bids must be submitted. The burden of qualification is on the business seeking the preference. The chief procurement officer or other appropriate official may request supplemental information and his determination that a business does or does not qualify is final and is not subject to appeal.
If there is a tie between a bidder who qualifies for the preference provided in this act and another bidder who does not qualify for this preference, the award must be resolved in favor of the qualifying bidder. Tie bids involving two bidders who qualify for the five percent preference must be resolved as provided in Section 11-35-1520(9), items (c) or (d) as appropriate.
Bidders utilizing the preference provided in this act may not receive the preference provided in Section 11-35-1520(9)(e).
SECTION 3. This act takes effect upon approval by the Governor but is only applicable to invitation for bids or solicitations issued after the effective date. The provisions of this act expire five years after the effective date.