Each domestic contract or domestic grant awarded by a state agency is subject to suspension of payments or termination or both, and the contractor or grantee under the contract or grant or the individual who entered the contract with or received the grant from the state agency, as applicable, is subject to suspension or debarment in accordance with § 11-35-4220 if the appropriate Chief Procurement Officer, as defined in § 11-35-310(5), determines that:

(1) the contractor or grantee has made a false certification under § 44-107-30 or 44-107-40;

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Terms Used In South Carolina Code 44-107-60

  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means the department, division, or other unit of a person responsible for the performance under a contract with a state agency. See South Carolina Code 44-107-20
  • Drug-free workplace: means a site for the performance of work done in connection with a specific grant or contract of an entity at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this chapter. See South Carolina Code 44-107-20
  • Grantee: means the department, division, or other unit of a person responsible for the performance under a grant. See South Carolina Code 44-107-20

(2) the contractor or grantee violates the certification by failing to carry out the requirements of § 44-107-30(1), (2), (3), (4), (5), and (6);

(3) the contractor or grantee does not take appropriate remedial action against employees convicted on drug offenses as specified in § 44-107-50; or

(4) the number of employees of the contractor or grantee who have been convicted of violations of criminal drug statutes for violations occurring in the workplace reasonably indicates that the contractor or grant recipient has failed to make a good faith effort to provide a drug-free workplace as required by this chapter.