Current through Register Vol. 48, No. 9, September 27, 2024
A. "Electronic
commerce" means electronic techniques for accomplishing business transactions
including electronic mail or messaging, World Wide Web technology, electronic
bulletin boards, purchase cards, electronic funds transfer, and electronic data
interchange.
B. General.
(1) The State may use electronic commerce
whenever practicable or cost-effective. The use of terms commonly associated
with paper transactions (e.g., "copy," "document," "page," "printed," "sealed
envelope," and "stamped") shall not be interpreted to restrict the use of
electronic commerce. The responsible procurement officer may supplement
electronic transactions by using other media to meet the requirements of any
contract action governed by the Consolidated Procurement Code (e.g., transmit
hard copy of drawings).
(2)
Agencies may exercise broad discretion in selecting the information technology
that will be used in conducting electronic commerce. However, the head of each
agency shall ensure that systems, technologies, procedures, and processes used
by the agency to conduct electronic commerce-
(a) Are implemented uniformly throughout the
agency, to the maximum extent practicable;
(b) Are implemented only after considering
the full or partial use of existing infrastructures;
(c) Facilitate access to State acquisition
opportunities by as many persons as practicable, including small businesses,
minority business enterprises, and socially and economically disadvantaged
small businesses;
(d) Include a
means of providing widespread public notice of acquisition opportunities and a
means of responding to notices or solicitations electronically;
(e) Comply with applicable standards that
broaden interoperability and ease the electronic interchange of information;
and
(f) Are capable of ensuring
authentication and confidentiality commensurate with the risk and magnitude of
the harm from loss, misuse, or unauthorized access to or modification of the
information.
(3)
Agencies using the procurement functionality of the South Carolina Enterprise
Information System are deemed to have complied with subsection (B)(2) of this
regulation.
(4) Consistent with
provisions of the Uniform Electronic Transactions Act, Sections
26-6-10, et
seq., agencies may accept electronic signatures and records in connection with
State contracts.
C.
Submission of Offers by Electronic Commerce. Subject to all other applicable
regulations (e.g., R.19-445.2045
and -2050), the responsible procurement officer may authorize use of electronic
commerce for submission of bids and proposals. If electronic submissions are
authorized, the solicitation shall specify the electronic commerce method(s)
that offerors may use. Offers submitted by electronic commerce shall be
considered only if the electronic commerce method was specifically stipulated
or permitted by the solicitation.
