South Carolina § 11-57-510 - Certification in bidding process that person contracting with political subdivision is not on list created pursuant to 11-57-310; electronic submission.

§ 11-57-510. Certification in bidding process that person contracting with political subdivision is not on list created pursuant to 11-57-310; electronic submission.

(A) Effective January 1, 2015, every bid or proposal made to a political subdivision of the State or any public department, agency, or official thereof where competitive bidding is required by statute, rule, regulation, or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: "By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to Section 11-57-310." This section does not apply to and such certification is not required for contracts between public procurement units, nor contracts between public procurement units and external procurement activities, as that term is defined in Section 11-35-4610.

(B) Notwithstanding subsection (A), the statement of noninvestment in the Iranian energy sector may be submitted electronically.

(C) A bid shall not be considered for award nor shall any award be made where the condition set forth in subsection (A) has not been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. A political subdivision may award a bid to a bidder who cannot make the certification pursuant to subsection (A) if:

(1) the investment activities in Iran were made before January 1, 2015, the investment activities in Iran have not been expanded or renewed after the effective date of this act, and the person has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

(2) the political subdivision makes a determination that the goods or services are necessary for the political subdivision to perform its functions and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.

HISTORY: 2014 Act No. 267 (H.3021), SECTION 1, eff September 7, 2014; 2015 Act No. 63 (H.3583), SECTION 2.B, eff June 4, 2015.

Editor's Note

2015 Act No. 63, SECTION 5, provides as follows:

"SECTION 5. This act takes effect upon approval by the Governor and does not apply to contracts entered into before the effective date of this act."

Effect of Amendment

2015 Act No. 63, SECTION 2.B, in (A), substituted "Effective January 1, 2015" for "After this act takes effect", and added the last sentence, relating to public procurement units; in (C), deleted ", on a case-by-case basis," following "pursuant to subsection (A)"; and in (C)(1), substituted "January 1, 2015" for "the effective date of this act".