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Contracting with a municipality - Limit on Term before Bid

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#1 TrashCompany


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Posted 27 December 2012 - 12:39 PM

In the state of South Carolina what is the maximum length of time a municipality may maintain/renew their service agreement/contract with a specific vendor without going to bid. The service type in question is the collection of Solid Waste.

The scenario in question would be an agreement to be the exclusive provider of residential curbside collection for the entire municipality in five (5) year terms, with mutually agreeable renewals of one (1) or more years.

Would there be a difference if the agreement/contract was written as a franchise agreement or an exclusive service agreement. Additionally, would there be a difference in law if the agreement was between a City and a private company or County and private company?

#2 adjusterjack


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Posted 27 December 2012 - 02:05 PM

If you are in the solid waste collection business or going into the solid waste collection business, one would have to be a fool not to have a lawyer on retainer to answer your questions and guide you through the business processes rather relying on strangers on the internet.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.

#3 pg1067


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Posted 28 December 2012 - 07:22 AM

Your question involves a very esoteric issue of state and local law and isn't well-suited for an Internet message board. We can provide general information about laws that are roughly uniform throughout the U.S., but this is something only someone familiar with the unique state and local law or someone who is in a position to research the issue is likely to be able to answer.

#4 Guest_FindLaw_Amir_*

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Posted 28 December 2012 - 11:40 AM

This is a matter I suggest you consult with a local Lawyer to address.

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