(1) "Design services" means architect-engineer, construction management, or land surveying services as defined in Section 11-35-2910.
(2) "Resident" means a business that (i) employs, either directly or through consultants, an adequate number of persons domiciled in South Carolina or (ii) performs in South Carolina a majority of the design services involved in the procurement.
(B) A business responding to an invitation involving design services shall submit a certification with its response stating whether the business is a resident for purposes of the procurement. Submission of a certification under false pretenses is grounds for suspension or debarment.
(C) An award to a resident or nonresident of a contract involving design services must be supported by a written determination explaining why the award was made to the selected firm.
(D) When qualifications appear to be equal, the resident firm must be selected.
(E) This section does not apply to a procurement if either the procurement does not involve construction or the design services are a minor accompaniment to a contract for nondesign services.