S.C. Code Ann. § 11-35-3220 – Procurement procedures

(1) Agency Selection Committee. Each using agency shall establish its own architect-engineer, construction management, and land surveying services selection committee hereinafter referred to as the agency selection committee, which shall be composed of those individuals whom the agency head determines to be qualified to make an informed decision as to the most competent and qualified firm for the proposed project. The head of the using agency or his qualified responsible designee shall sit as a permanent member of the agency selection committee for the purpose of coordinating and accounting for the committee's work. To assist an agency selection committee in the selection of firms to be employed for significant or highly technical projects and to facilitate prompt selections, the agency selection committee may invite the state engineer or his designee to sit as a nonvoting member of the committee.
(2) Advertisement of Project Description. The agency selection committee shall be responsible for:
1. (a) developing a description of the proposed project,
2. (b) enumerating all required professional services for that project, and
3. (c) preparing a formal invitation to firms for submission of information.
  The invitation shall include, but not be limited to, the project title, the general scope of work, a description of all professional services required for that project, the submission deadline, and how interested firms may apply for consideration. The agency selection committee shall file a copy of the project description and the invitation with the state engineer's office. The invitation shall be formally advertised in an official state government publication. The manner in which this official state government publication shall be published, the content of the publication itself, the frequency of the publication, the method for subscription to the publication, and the manner by which the publication will be distributed shall be established by regulation of the board.
(3) Response to Invitation. The date for submission of information from interested persons or firms in response to an invitation shall be not less than fifteen days after publication of the invitation. Interested architect-engineer, construction management, and land surveying persons or firms shall be required to respond to the invitation with the submission of a current and accurate Federal Standard Form 254, Architect-Engineer and Related Services Questionnaire, and Federal Standard Form 255, Architect-Engineer and Related Services Questionnaire for Specific Project, or such similar information as the board may prescribe by regulation, and any other information which the particular invitation may require.
(4) Interviews with Interested Firms. Following receipt of information from all interested persons and firms, the agency selection committee shall hold interviews with at least five persons or firms who have responded to the committee's advertisement and who are deemed most qualified on the basis of information available prior to the interviews. A list of firms selected for interview shall be sent to all firms that submitted information in response to the advertisement, prior to the date selected for the interviews. If less than five persons or firms have responded to the advertisement, the committee shall hold interviews with those that did respond. The agency selection committee's determination as to which will be interviewed shall be in writing and shall be based upon its review and evaluation of all submitted materials. The written report of the committee shall specifically list the names of all persons and firms that responded to the advertisement and enumerate the reasons of the committee for selecting those to be interviewed. The purpose of the interviews shall be to provide such further information as may be required by the agency selection committee to fully acquaint itself with the relative qualifications of the several interested firms.
(5) Selection and Ranking of the Five Most Qualified. The agency selection committee shall evaluate each of the persons or firms interviewed in view of their:
1. (a) past performance;
2. (b) the ability of professional personnel;
3. (c) demonstrated ability to meet time and budget requirements;
4. (d) location;
5. (e) recent, current, and projected workloads of the firms;
6. (f) creativity and insight related to the project; and
7. (g) related experience on similar projects.
  Based upon these evaluations, the agency selection committee shall select the five persons or firms which, in its judgment, are the best qualified, ranking the five in priority order. The agency selection committee's report ranking the five chosen persons or firms shall be in writing and shall include data substantiating its determinations.
(6) Notice of Selection and Ranking. When it is determined by the agency that the ranking report is final, written notification of the election immediately shall be sent to all firms interviewed.
(7) Negotiation of Contract. The governing body of the using agency or its designee shall negotiate a contract for services with the most qualified person or firm at a compensation which is fair and reasonable to the State. Should the governing body of the using agency or its designee be unable to negotiate a satisfactory contract with this person or firm, negotiations shall be formally terminated. Negotiations shall commence in the same manner with the second and then the third, fourth and fifth most qualified until a satisfactory contract has been negotiated. If no agreement is reached with one of the five, additional persons or firms in order of their competence and qualifications shall be selected after consultation with the agency selection committee, and negotiations shall be continued in the same manner until agreement is reached.
(8) State Engineer's Office Review. The head of the using agency shall submit the following documents to the state engineer's office for its review:
1. (a) the written report of the agency selection committee, listing the persons or firms that responded to the invitation to submit information and enumerating the reasons of the committee for selecting the particular ones to be interviewed;
2. (b) the written ranking report of the agency selection committee and all data substantiating the determinations made in that report;
3. (c) the tentative contract between the using agency and the selected person or firm.
(9) Approval or Disagreement by State Engineer's Office. The state engineer's office shall have ten days to review the data submitted by the agency selection committee, to determine the volume of work previously awarded to the firm by the State, with the object of effecting an equitable distribution of contracts among qualified firms, and to determine its position with respect to the particular person or firm recommended for approval by the agency. If the state engineer's office disagrees with the proposal, it may contest the proposal by submitting the matter to the board for decision. In the event of approval, the state engineer's office shall immediately notify in writing the using agency and the person or firm selected of the award and thereby authorize the using agency to execute a contract with the selected person or firm. In the event of disagreement, the state engineer's office shall immediately notify the using agency in writing of its intention to contest the ranking and the reasons therefor. All contract negotiations by the governing body shall be suspended pending a decision by the board concerning a contested ranking. The board shall hear any such contests at its next regularly scheduled meeting subsequent to notification of the using agency. If the board rules in support of the state engineer's office position, the using agency shall submit the name of another person or firm to the state engineer's office for consideration, selected in accordance with the procedures prescribed herein. If the board rules in support of the using agency, the using agency shall be notified in writing and thereby authorized to execute a contract with the selected person or firm.