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Standard Clauses & Provisions

Notice to Agencies from Division of Procurement Services

(Updated: 3/20/2018)

When we provide you a draft solicitation for your review and consideration, we include many proposed contract clauses from the compendium. These clauses relate to many issues that we believe may be involved in your solicitation. However, we are not risk analysts and your agency is best positioned to determine its risk tolerance level. The Compendium was drafted to provide commonly-used clauses covering a wide variety of acquisitions. Given the generality of many clauses and the specificity of others, any given clause may or may not be appropriate for your solicitation. While all of them involve some degree of risk allocation, the standard language has not been tailored to address your specific risk needs and may not address all the risks peculiar to your agency or any one proposed acquisition. To illustrate, some clauses may address information about security and privacy issues, but they impose only minimal obligations on your contractor. Consistent with its internal agency policies governing information security, each agency must determine for itself whether the services acquired from the contractor warrant the contractual imposition of additional security controls or privacy-related requirements. To illustrate further, clauses we include may prescribe various insurance requirements – including minimum limits of coverage. The types of coverage and the default policy limits may be excessive or wholly inadequate for your particular needs or circumstance. In the former case, you may add unnecessary cost to your acquisition; in the latter, you may face exposure for claims beyond the scope of coverage or in excess of the required policy limits.

As with all aspects of the solicitation, we recommend you review the proposed clauses provided in a draft solicitation, consult with any related guidance published in the Compendium, and determine whether your agency’s needs, risk tolerance levels, obligations, and allocation of performance and other risks imposed by a draft solicitation are acceptable to your agency in the context of your specific procurement and your agency’s needs.

Table of Standard Clauses (June 2021)

(Updated: 6/15/2021)

Below you will find an updated table of clauses reflecting changes made since publishing Version 2.0.2 of the Compendium in September 2017. In addition to the table of clauses in Microsoft Word format, attached are a list of significant changes and a redline document comparing the 2017 text to current language. Two forms have been revised: the standard purchase order clause set and the Non-Resident Taxpayer Registration Affidavit Income Tax Withholding attachment. The new versions are separately posted on this page under the heading Forms.

SCEIS users should note that the clauses used to generate solicitations in Document Builder may vary slightly from those included in the updated table. Differences are editorial in nature. To assure that your solicitations contain only the most current clauses you should continue using Document Builder to generate every solicitation, including any amendments that containing standard clauses or provisions

The version of the Table of Clauses posted below in MSWord is intended to facilitate use of Compendium clauses by non-SCEIS users, NOT to facilitate the use of clauses by cutting and pasting. When adding clauses (e.g., user-selected clauses), all SCEIS users should do so using the Document Summary tab in document builder. This is the only way to insure you have the latest version of a clause and the only way for user-selected clauses to be automatically added to your MSWord-generated table of contents.

Compendium, Version 2.0.2 (September 2017)

(Updated: 6/15/2021)

Version 2.0.2 incorporates all changes made since the initial draft version issued in 2006, including all changes made with Version 1.1, the 2015 Interim Clause Set, Version 2.0, and Version 2.0.1. It also includes the Iran Divestment Act clauses, the Open Trade Act clauses, and Clause No. 2A097-1, Questions from Offerors – Amendment (June 2017), as well as Appendix CC, Drafting Solicitation Amendments for Q&A (July 2017).

Attached please find the following:

  • Procurement Compendium, Version 2.0.2 (September 2017) in PDF format.
  • Table of Clauses (September 2017) in MSWord format for non-SCEIS users. [SCEIS Users - see note below]
  • Table of Clauses – Redline from v2.0.1 to v2.0.2

Forms: Forms appearing in the Compendium's appendices are separately posted on this page in MSWord and PDF format under the heading Forms.

SCEIS Users: Effective September 11, 2017, the contents of this version parallel the contents of the database used by SCEIS to generate solicitations using Document Builder. Document Builder must be used to generate every solicitation, including any amendments that containing standard clauses or provisions. The version of the Table of Clauses posted below in MSWord is intended to facilitate use of Compendium clauses by non-SCEIS users, NOT to facilitate the use of clauses by cutting and pasting. When adding clauses (e.g., user-selected clauses), all SCEIS users should do so using the Document Summary tab in document builder. This is the only way to insure you have the latest version of a clause and the only way for user-selected clauses to be automatically added to your MSWord-generated table of contents.

Risk Analysis and Limiting Contractors’ Liability

(Updated: 6/15/2021)

The Division of Procurement Services has prepared guidelines and related materials for evaluating risk when contracting, and for determining whether to limit a contractor’s liability. In addition, the Division has approved three new clauses. The guidelines, clauses and guidance, and clause text are below.

Forms

(Updated: 6/15/2021)

Attached please find MSWord and PDF format versions of the forms appearing as Appendices to the Procurement Compendium.

Performance Security - Guaranty, Performance Bond, Letter of Credit, Other

(Updated: 6/15/2021)

If you are providing performance security required by a solicitation, you must provide security that meets the requirements of the solicitation. If you are providing performance security allowed by the instructions titled Qualifications of Offerors, you may offer any type of security you believe we should consider in evaluating your financial responsibility. As noted in the instructions, the procurement officer may elect to consider any type of security (e.g., letter of credit, performance bond, parent-company corporate guaranty) that you offer to provide. The applicable forms listed below are forms the procurement officer will generally find acceptable.

GUARANTY
Attached please find the following in PDF format:
  • Guaranty Package, including the Instructions and Guidelines for Completion and Use, as well as all the forms listed below (Feb 2015)

Attached please find the following forms in MSWord format:

  • Guaranty form (Feb 2015)
  • Certificate of Corporate Secretary (Exh. #1)
  • Opinion Letter of Corporate Counsel (Exh. #2)
  • Board of Director’s Corporate Resolution of Authorization (Exh. #3)

PERFORMANCE BOND
Attached please find the following, which are only appropriate for non-construction projects.

  • Performance Bond-Completion (Feb. 2015), for use when required by the solicitation.
  • Performance Bond-Indemnity (Feb. 2015), for use when seeking to bolster responsibility as allowed by solicitation instructions.

GENERAL REFERENCE MATERIALS

  • Bid, Payment, and Performance Bonds-What they are, How they work, and a Checklist of what you need (December 2009)
  • Training Materials

Construction - Contract Forms & Clauses

(Updated: 6/15/2021)

Regulation 19-445.2145(E) expressly provides for construction related contract forms. All standard construction forms are published in Part II of the Manual for Planning and Execution of State Permanent Improvements, which is published by the Office of the State Engineer, pursuant to Section 11-35-3240.

Standard Equipment Agreement

(Updated: 6/15/2021)

Agencies considering the lease, lease/payment, installment purchase, or rental of personal property should consult Regulation 19-445.2152.

Paragraph (B)(1) of this regulation provides for a "State of South Carolina Standard Equipment Agreement" to be as provided therein. A copy of that form is attached.

South Carolina
State Fiscal Accountability Authority
Procurement Services
1201 Main Street, Suite 600 | Columbia, SC 29201