The Charleston Naval Complex Redevelopment Authority is a governmental body of the State of South Carolina and is subject to State procurement laws and regulations. Provisions of the South Carolina Consolidated Procurement Code and other applicable laws regarding solicitations have been incorporated into the Authority’s Standard Terms of Purchase.
Pursuant to South Carolina law, the following terms will not be acceptable in any contract with the Authority. If any contract with the Authority is found to contain such term(s), the term(s) will be deemed void ab initio, pursuant to South Carolina law, and the contract will otherwise be enforceable as if it did not contain such term(s):
- Terms subjecting the Authority or the State of South Carolina to the jurisdiction of the courts of other states; or requiring the Authority or the State of South Carolina to bring or defend a legal claim in a venue outside this State. (S.C. Code §§11-35-2050 and -4230).
- Terms requiring the contract be governed or interpreted by other than South Carolina law. (S.C. Code §11-35-2050).
- Terms limiting the time in which the Authority may bring a legal claim under the contract to a period shorter than that provided in South Carolina law. (S.C. Code §§11-35-4230(2) and 15-3-140).
- Terms imposing a payment obligation, including a rate of interest for late payments, inconsistent with the terms of S.C. Code §11-35-45.
- Terms that require the Authority or the State of South Carolina to defend, indemnify, or hold harmless another person or entity. (S.C. Code §11- 35-2050).
The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at: http://www.scstatehouse.gov/code/statmast.php. The South Carolina Regulations are available at: http://www.scstatehouse.gov/coderegs/statmast.php.