{"data":{"id":"us-sc/s.c.-code-ann.-11-60-40","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 11-60-40","heading":"Requirements for pay-for-success contracts.","body":"Each pay-for-success contract must include the following:\n(1) a full and thorough description of the objectives of the pay-for-success contract; a clear description of the program, service, or project management services to be performed by the private-sector organization; a clear statement of the outcomes sought to be achieved for a certain population; the time period under which the outcomes must be achieved; a clear statement of the performance measures used to measure the outcomes; an analysis of how the defined performance measures will demonstrate progress in addressing the objectives; and how achieving the objectives should provide a significant public benefit;\n(2) a requirement that the state agency will transfer funds to fully cover the success payment under the pay-for-success contract to the trust account that is specifically established for pay-for-success contracts provided in Section 11-60-50;\n(3) a requirement that any success payment is conditioned on achieving specific outcomes based on the defined performance measures, as evaluated by an independent evaluator;\n(4) a requirement that the private-sector organization provide evidence that the private-sector organization has secured all of the necessary financing before service delivery begins;\n(5) a description of the data each state agency involved in developing the pay-for-success contract will provide to the private-sector organization. Data will be provided by the state agency only to the extent permissible by law;\n(6) the objective process that an independent evaluator, procured by the state agency, will use to monitor program progress and determine if a performance measure is achieved;\n(7) the reporting requirements the private-sector organization must provide to the state agency regarding the private-sector organization's progress in meeting the performance measures;\n(8) the method that will be used to calculate the amount and timing of success payments to the private-sector organization during the pay-for-success contract if the independent evaluator determines that the private-sector organization achieves a performance measure;\n(9) the terms under which a pay-for-success contract may be terminated.","path":["Title 11 - PUBLIC FINANCE","CHAPTER 60 Pay-for-Success Performance Accountability"],"source_url":"https://www.scstatehouse.gov/code/t11c060.php","current_through":"2025 Session of the General Assembly","vintage":"","retrieved_at":"2026-09-02T06:34:29Z","sha256":"3351b81d41bf707d671497ea474eec106013ba7acbf2e2cdb031d847abc5e66e","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-11-60-30","next":"us-sc/s.c.-code-ann.-11-60-50"},"notice":"GroundRules: Original legal text. Not legal advice."}