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Procurement Code Changes Protests & Public Access to Procurement Information

Explore the changes and regulations regarding protests and public access to procurement information in South Carolina. Learn about the definitions and provisions under Act 41 of 2019, as well as examples of protests and the importance of timely filing. Discover how to access procurement information and get assistance from our team.

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Procurement Code Changes Protests & Public Access to Procurement Information

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  1. Procurement Code ChangesProtests & Public Access to Procurement Information

  2. Definitions11-35-310 • Day • Business Day

  3. A Short History of Protests in SC • 1981 Act 148 • 1993 Act 178 • 2006 Act 376

  4. What is Different Under2019 Act 41 • 11-35-1520(10) • 11-35-3020(c)(i) • 11-35-4210

  5. Protest Example 1 • Intent to Award posted July 9 • Ajax Corp - files a notice with the appropriate CPO at 4:59 PM on July 18, which simply states I intend to protest. • The notice of intent to Protest is timely • Sufficient • Award stayed

  6. Business Days – To Midnight

  7. Example 1 Cont. • Ajax subsequently files its protest setting forth with particularity its grounds of protest at 11:59 PM July 24 • The Protest is timely • Sufficient • Award stayed

  8. Days – To Midnight

  9. Protest Example 2 • Ajax Corp files a notice of intent to protest with the appropriate CPO at 12:01 AM on July 19 • The notice of intent to Protest is not timely

  10. Protest Example 3 • Ajax timely filed a notice of intent to protest • Ajax subsequently files its protest setting forth with particularity its grounds of protest at 12:01 AM July 25 • The Protest is untimely

  11. New to Construction Award vs. Intent to Award

  12. Contract $50K(+) to $100KAward

  13. Contract > $100KIntent to Award

  14. Last Day for Aggrieved Party to Take Action falls on a Friday or Day before a Holiday

  15. Last Day to Take Action Falls on a Weekend or Holiday

  16. Questions on Protests of Awards?

  17. Public Access to Procurement InformationSection 11-35-410 • Confidential Solicitation Documents • Disposition of Documents where no Award is Made • Five Day Response Time

  18. Making Documents Available

  19. Any Additional Questions? • We Are Always Willing To Help • Call Us at 803-737-0600 • Visit our Website - www.procurement.sc.gov • Acquire • Administer • Advise

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