As used in this article, unless the context clearly indicates otherwise:

(1) "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one public procurement unit, or by a public procurement unit with an external procurement activity.

(2) "External procurement activity" means:

(a) any buying organization not located in this State which, if located in this State, would qualify as a public procurement unit;

(b) buying by the United States government.

(3) "Local public procurement unit" means any political subdivision or unit thereof of this State which expends public funds for the procurement of supplies, services, information technology, or construction.

(4) "Mandatory opting" is the requirement for a local procurement unit to choose whether to utilize a state contract before it is established as prescribed in regulation by the board.

(5) "Public procurement unit" means any of the following:

(a) a local public procurement unit;

(b) a state public procurement unit;

(c) an external procurement activity; or

(d) any not-for-profit entity comprised only of more than one activity or unit listed in subitems (a), (b), or (c), if and as approved in writing by the Materials Management Officer.

(6) "State public procurement unit" means the offices of the chief procurement officers, any purchasing agency of this State, and any other unit of South Carolina state government.

HISTORY: 1981 Act No. 148, Section 1; 1997 Act No. 153, Section 1; 2019 Act No. 41 (S.530), Section 65, eff May 13, 2019.

Code Commissioner's Note

2019 Act No. 41, Section 65, inadvertently deleted "thereof" in (3), and at the direction of the Code Commissioner, it was reinserted.

Editor's Note

2019 Act No. 41, Section 80, provides as follows:

"SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."

Effect of Amendment

2019 Act No. 41, Section 65, in (2)(a), inserted ", if located in this State,"; in (3), substituted "of this State" for "thereof" and inserted "information technology,"; rewrote (5); and in (6), substituted ", any purchasing agency of this State, and any other unit of South Carolina state government" for "and any other purchasing agency of this State".

Subarticle 3

Cooperative Purchasing