SCAGPO Announcements


Procurement is Everywhere!

Please find below, links to recent announcements, newstories, and legislation, which may be helpful to you as a Public Procurement Professional.


As of June 6, 2018 Procurement Services is no longer including the following clauses in its solicitations



Anyone who is interested in the reason for change can read the Iran Divestment Act information posted at the following address The Attorney General’s Opinion is also available at the link.


Without going into laborious detail, the reason for the change is that the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (“CISADA”) that was passed by congress in 2010 allowed states to adopt measures to divest or prohibit investment of their assets in persons engaging in investment activities in Iran’s energy sector. In response, SC enacted the Iran Divestment Act of 2014 (11-57-740.) The Act contains provisions describing the conditions under which the restrictions could be lifted, one of which is if the “United States revokes its current sanctions against Iran.” In 2016, the United States, China, France, Germany, Russia, the United Kingdom, the EU, and Iran reached a joint Comprehensive Plan of Action (“JCPOA”) to ensure Iran’s nuclear program remains exclusively peaceful (for energy production rather than uranium enrichment). One of the commitments made in the JCPOA led to the President revoking nuclear related sanctions against Iran as well as States to keep their sanctions in place.

SFAA Procurement Services has verified that agencies are not required to remove the clauses from contracts entered into prior to June 6, 2018; however, they may do so with a contract modification if they are so inclined.


July 17, 2018

  1. Last month the committee reported that the following clauses should no longer be included in solicitations





SFAA Procurement Services has verified that agencies are not required to remove the clauses from contracts entered into prior to June 6, 2018; however, they may do so with a contract modification if they are so inclined.


  1. October 2015 Temporary Assignment of Procurement Authority

Division of Procurement Services (DPS) has rescinded the October 2015 Temporary Assignment                of Procurement Authority as of 7/12/2018. In October of 2015, the DPS temporarily assigned designated agencies authority to process procurements up to $500,000 with limited oversight from DPS. DPS only intended to leave the temporary assignment in place until the emergency response to the October 2015 flooding ended. However, due to significant staff turnover and the need to focus on processing large critical procurements, DPS left the temporary assignment in place until they could train new employees and stabilize. DPS has achieved these two goals and consequently revoked the Temporary Assignment of Procurement Authority. This information does not appear to be on DPS’s webpage at the time of writing so I have attached John C. White’s letter regarding this matter.


  1. There has been no change to the procurement and procurement related bills I am tracking (notably S 0553, H 3652 and S 71, H 4389)

Legislative Changes and Enacted and Forthcoming - September 2017

       a. S.553 is currently residing in the Senate Committee on Finance. The intent of the bill is to add section 11-35-             1526 to the procurement code to requiring the State Procurement Office to establish a Palmetto First multi-                 award, catalogue wide, master agreement that will allow companies headquartered in SC to sell MRO supplies               without further competition. The bill as currently written would make use of the master agreement voluntary,               not compulsory like the majority of state term contracts.  Section 11-35-1526 would be available to the same               entities as State Wide term contracts.

        b. H. 3652 passed House March 22 but is not law at this time. The intent of the bill is to add a section to 11-35-             3265 as to require government agencies to consider all piping materials for determining requirements for                     certain projects.

            The text reads as follows and while it might not impact a lot of procurement staff in the state, it will be of                     interest to some.

            “Section 11‑35‑3265. (A)  All piping materials that comply with sound engineering practices and meet project                requirements as determined by an engineer, employed or retained by a governmental body or any political                  subdivision, must be allowed to participate in the bidding process when a governmental agency is procuring                  piping materials for a water supply, wastewater, stormwater, or storm drainage project for which state funds                are used.

            (B) Nothing in this section prohibits an official or an engineer of the governmental agency from choosing a                   material at its discretion for a project referred to in subsection (A).

            (C) The provisions of this section do not apply if a supplier has pipe or piping materials suitable for a project                 purpose in stock or in inventory.”

        c. H3644 was referred to the House  to Committee on Labor, Commerce and Industry and S 71 is currently                     residing in the Senate Committee on Finance (I have covered these together because they are essentially the               same bill.)

            Both of these bills seek to add item (F) to Section 11-35-1524 of the 1976 as amended by adding a subsection             at the end to read:

            "(F)    Before making a final award determination, if the lowest bid is from a nonresident bidder, the                            procurement officer shall provide resident bidders with the opportunity to match the lowest                          nonresident bidder's price. In the event a resident bidder matches the lowest nonresident bid,                      preference must be given to the resident bidder. If two or more resident bidders match the lowest                       nonresident bid, the tie must be resolved as provided in Section 11-35-1520(9)."

            (Emphasis added)

            This profoundly different from the way we currently do business and might prove harmful to the State. There               are several states who already penalize SC because of our preference laws (states that don’t have them will                 add 8% to the price of bids from South Carolina Companies). Subsection (F) would allow buyers to expose a                 low bidder’s price to the local bidder and let them match it to win the award. At this point, I don’t if there are               any restrictions to this other than the current restrictions of preferences. 

        d. Bill 3352 was ratified on May 15, 2017 (R 102), signed by the Governor on May 19, 2017 and became                       effective on May 16, 2017 as Legislature Act No. 67. The ads to and amends the way Freedom of Information               requests. Many of the changes involve the courts and some are a response to police wearing body cams but                 there a few parts that may impact procurement staff. Because many of the FOIA requests received by                         procurement staff are related to protests, they are fulfilled well within the limits of the law including the                       changes made by Act No. 67. Of most interest to procurement staff are the following items:

                    1) Section 30‑4‑30. (2) A public body is not required to create an electronic version of a public record                               when one does not exist to fulfill a records request.

                        (B) The public body may establish and collect reasonable fees not to exceed the actual cost of the                               search, retrieval, and redaction of records.  The public body shall develop a fee schedule to be posted                         online.  The fee for the search, retrieval, or redaction of records shall not exceed the prorated hourly                           salary of the  lowest paid employee who, in the reasonable discretion of the custodian of the records,                           has the necessary skill and training to perform the request… A deposit not to exceed twenty five                                 percent of the total reasonably anticipated cost for reproduction of the records may be required prior                           to the public body searching for or making copies of records.

           The most important change from a procurement point of view is to be found in 34-4-30 (3). The state used to              have 15 days to respond to a request (respond here means tell the requester if the request can be fulfilled, etc.            Not actually fulfill the request) but that has been reduced to ten days. If the information is available, the state              has thirty calendar days to produce the information from the date it was determined the information could be              released and thirty five days for material that is older than twenty –four months old in which case, 35 days are            allowed. 

SC Legislature - March 2016 

Bill to amend section 8-13-1110 regarding State Employees Economic Interest relating to an employees who directly participates in a competitive procurement process.

FEMA Request - October 15, 2015

Each State agency is asked to submit a FEMA Request for Public Assistance Form to ensure we identify State response efforts and damages of agency facilities and equipment sustained during the disaster.  The Request for Public Assistance may be found on the SC Recovery Grants's website and should be mailed by the agency POC to esf1[email protected].  The State Agency Applicants’ Briefing has been set for 2pm Friday, 10/16, at 10301 Wilson Blvd Blythewood, SC. (South Carolina Department of Public Safety Complex) in the auditorium.

SC Legislature - June 4, 2015

Approval for revisions to Iran Divestment Act.

State Procurement Office

Interim State Procurement Officer, John White advised on June 12, 2015 that Procurement Services posted a Revised Version of the Compendium, which may be found on the applicable page of their website.

State Procurement Office

Interim State Procurement Officer, John White advised on June 8, 2015 that New Compendium Clauses have now been updated in SCEIS: Official Memo; Appendix BB; Appendix V

SC Legislature - May 26, 2015

Bill to Add article 23 to Chapter 35, Title 11, preventing the receipt of proposals or procuring goods and services from a business, which engages in a boycott of a person or entity based on race, color, religion, or national origin.

Washington Post - May 14, 2015

Veterans Affairs improperly spent $6 billion annually, senior official says

B&CB Legal - May 4, 2015

Compendium Version 2.0 (April 2015). As of May 4, 2015 the update to SCEIS database of clauses has not been completed, nor have updates been tested against the original to confirm their accuracy. 

SC Legislature - Effective July 1, 2015

Bill to Amend Section 1-11-470 State Fiscal Accountability Authority

The State Newspaper - May 8, 2015  

Senate Backs $800.00 Bonus for State Employees

The State Newspaper - May 5, 2015:  

Borrowing plan for SC colleges, tech schools on shaky ground

The State Newspaper - April 29, 2015

SC senate OK’s body camera bill; House to debate bill Thursday

SC Legislature - March 11, 2015

Bill to Amend Bill 545 (Iran Divestment)

SC Legislature - December 11, 2015

Bill to Add Section 11-35-3017 (Life Cycle Cost Analysis for Public Works Construction)

SC Legislature - December 11, 2014

Bill to Add Section 23-1-240 (Law Enforcement Wearable Video Cameras)

Read more here:

SCAGPO Announcements



UPPCC Testing Deadline Approaches

Professionals planning to test in the October class must apply by July 18 to avoid the $50.00 late fee, which will be required through August 1, 2016.

The Professional Development is conducting a lottery for complimentary registrations to the UPPCC Testing Study Sessions in Aiken and West Columbia. Interested members may register for the lottery by clicking on the tickets on the Event Meeting Pages

Professionals considering professional certifications may want to study the findings of NIGP’s Research Report : The Value of Procurement Certification. This report presents the findings of research undertaken to gain insight into how North American public procurement officials



Barnes Award

The Awards Committee is accepting nominations for the James H. Barnes Award. This year’s winner will receive not only the top award for the Chapter, but also assistance with attending the 2017 NIGP Annual Forum. To nominate yourself or a peer for the award, please collect the appropriate information and submit it digitally on our website:



Young Professionals Database

SCAGPO’s Board is interested to learn more about our Young Professional Members. This group would include either those members who are 40 years old and younger or has been in the public procurement profession for 3 or fewer years. If you meet the requirements, please let us know by adding yourself to our Young Professionals Database through our website.


UPPCC Testing Study Sessions

The Professional Development is conducting a lottery for complimentary registrations to the UPPCC Testing Study Sessions in Aiken and West Columbia. Interested members may register for the lottery by clicking on the tickets on the Event Meeting Pages.


Message from SFAA - Division of Procurement Services

The SC State Fiscal Accountability Authority’s Division of Procurement Services seeks motivated candidates for a Training and Development Director.  This position will fully develop, document, and deliver a comprehensive training and certification program required by law for both state and local procurement professionals.  In-person and remote instruction with diverse groups is required.  The candidate will partner with internal and external subject matter experts as well as professional organizations to ensure the program is robust and continually improved through enterprise performance metrics.  Some travel will be required.  A minimum of a bachelor’s degree is required.

Interested applicants are required to complete an official SC State application at the link provided which also contains a full position description.  Resumes are not accepted in lieu of an official state application.  

SCAGPO NOTE:  A link to this job description may be found on the the Career Opportunties page in addition to  announcements for Lancaster County School District and York County Government.


Reverse Trade Show

The dates for the Reverse Trade Show have been planned for June 2 (Lexington) and June 16 (Charleston). It is important that member agencies participate in order to provide ample networking opportunity for our small business community.  Please visit SCAGPO’s website for more information and to sign up. This event is free for members. Please encourage your vendors to register for this low cost event.


Artifacts Wanted

We are currently looking for away to express the impact our members make on the citizens of South Carolina.   We ask that you please search your homes and offices for any artifacts that you may have (and be willing to loan) from innovative procurements or ones that come into contact with the public every day.  If you are interested, please visit SCAGPO’s website to create a submission ticket. The Exhibit is planned for May 12 - June 12, 2016.


Professional Development Opportunities

Please continue to visit SCAGPO's website as we regularly update it with professional development opportunities.

Currently, we are accepting registration for the SMBCC Trade Show (formerly OSMBA). 

Registration is also open for our Spring Quarterly Training (March 23, 2016)  at Agape Conference Center on Main Street in Columbia.  Lunch and Parking are complimentary for this event.

Finally, we've scheduled several NIGP's courses.  New to our roster is a brand new course on Risk Management.  We are also in danger of losing the CPPO course.  If you are interested, please register right away.



New Post Office Box

Please change your records to send payment to SCAGPO's new Post Office Box in Charleston:

P.O. Box 61989; N. Charleston, SC 29419

We will be keeping the Columbia PO Box for all other correspondences; however ALL CHECKS should be mailed to North Charleston.


MMO Updates

The Statewide Term Contract Sheet for Backhoes & Motor Graders has been updated on the Procurement Services Webpage. Please click on the following link to access: . At this time, please disregard the links provided for the contractor offers. We will be updating these links in the near future. If they have any questions, please contact Sheila Willis.

The Notice for Intent to Award for the Statewide term contract for Icemakers and Storage Bins has been posted and is scheduled to begin on February 17, 2016.  Please visit MMO's website for information regarding that contract.