Ray Bell Construction Co. v. School District

CURETON, Judge:

(dissenting).

I respectfully dissent from the majority’s opinion. First, I would hold that the bid of M.B. Kahn Construction Company, Inc. (“Kahn”) violates the applicable statutes. Second, I would hold that the School District of Greenville County (“District”) had no authority to waive this violation. Finally, I would remand the case to the hearing officer.

I

Ray Bell Construction Company, Inc. (“Bell”) contends that Kahn’s bid is unresponsive on its face because it violates the South Carolina Consolidated Procurement Code (“Procurement Code”). The Procurement Code sets forth a…