25025 IFB Food Truck for TNG.pdf

Beaufort County School District Solicitation Number: 25-025 Date Printed March 24, 2025

Date Issued: April 8, 2025 Procurement Officer: Kaylee Yinger, NIGP-CPP, CPPB

Phone: 843-322-2349 Email: Kaylee.Yinger@beaufort.k12.sc.us

Request for Proposal (RFP)

DESCRIPTION: New Concessions Food Truck SUBMIT OFFER BY (Opening Date & Time): April 30, 2025 @ 4:00 PM QUESTIONS MUST BE RECEIVED BY: April 23, 2025 @ 4:00 PM NUMBER OF COPIES TO BE SUBMITTED: One (1) Original Signed; Six (6) Signed Copies and One (1) Redacted Version on USB

Offers must be submitted in a sealed package. Solicitation Number & Opening Date must appear on package exterior.

SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:

PHYSICAL ADDRESS:

Beaufort County School District

Procurement Office 2900 Mink Point Blvd Beaufort, SC 29902

Electronic Bid Submissions will be accepted through the following we address: Here

AWARDS & AMENDMENTS:

Award will be posted at the Physical Address stated above on or after April 30, 2025. The award, this solicitation, and any amendments will be posted at the following web address:

https://www.beaufortschools.net/community/working-with-the-district/finance.

You must submit a signed copy of this form with Your Offer. By submitting a proposal or bid, you agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of ninety (90) calendar days after the Opening Date.

NAME OF OFFEROR: (Full legal name of business submitting the offer) ENTITY TYPE:

AUTHORIZED SIGNATURE (Person signing must be authorized to submit binding offer to enter contract on behalf of Offeror named above)

PRINTED NAME TITLE

Instructions regarding Offeror’s name: Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror above. An offer may be submitted by only one legal entity. The entity named as the Offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

mailto:Kaylee.Yinger@beaufort.k12.sc.us https://www.bidnetdirect.com/south-carolina/solicitations/open-bids?keywords=beaufort%20county%20school%20district&selectedContent=BUYER https://www.beaufortschools.net/community/working-with-the-district/finance

IFB #25-025

New Concessions Food Truck

PAGE TWO

(Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for Offeror’s home office/ NOTICE ADDRESS (Address to which all procurement Principal place of business): and contract related notices should be sent):

PHONE NUMBER:

EMAIL ADDRESS:

PAYMENT ADDRESS (Address to which payments will be sent): ORDER ADDRESS (Address to which all purchase orders will be sent):

Payment Address Same as Home Office Address Payment Address Same as Home Office Address Payment Address Same as Home Notice Address Payment Address Same as Notice Address

(check one only) (check one only)

ACKNOWLEDGEMENT OF Amendment Number Amendment Issue Date

AMENDMENTS:

Offeror acknowledges receipt of amendments by indicating amendment number and its date of issue.

MINORITY PARTICIPATION- Are you a Minority Business Enterprise: Yes No If yes, please include a copy of your certification.

TABLE OF CONTENTS

1.0 SCOPE OF SOLICITATION: Page 4

2.0 INSTRUCTIONS TO OFFERORS: Page 4

2.0 GENERAL:

2.1 SPECIAL:

3.0 SCOPE OF WORK/SPECIFICATIONS: Page 17

4.0 INFORMATION FOR OFFERORS TO SUBMIT: Page 19

5.0 QUALIFICATIONS: Page 20

6.0 AWARD CRITERIA: Page 21

7.0 TERMS AND CONDITIONS: Page 21

7.0 GENERAL:

7.1 SPECIAL:

8.0 BIDDING SCHEDULE/COST PROPOSAL: Page 42

9.0 ATTACHMENTS TO SOLICITATION: Page 43

1.0 SCOPE OF SOLICITATION:

1.0.1 ACQUIRE SERVICES:

The purpose of this solicitation is to establish a source for the purchase of a New Concessions Food Truck, or an approved alternate, as described, but not limited to the scope of work outlined in this Invitation for Bid.

Beaufort County School District is located in the heart of the South Carolina Low Country. It is land rich in natural beauty, history and resources and an area of economic contrast and cultural diversity. The District is a public school district which serves approximately 22,000 students and approximately 2,300 full time employees; currently comprised of seventeen elementary/early childhood centers, two PK-8 Academies, six middle, six high schools, one Vocational School, one Alternative Program and an Administrative Office.

1.0.2 MAXIMUM CONTRACT PERIOD (ESTIMATED):

One time purchase

2.0 INSTRUCTIONS TO OFFERORS – A. GENERAL INSTRUCTIONS

2.0.1 DEFINITIONS, CAPITALIZATION, AND HEADINGS (FEB 2015):

CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE

ONLY AND SHALL NOT BE USED TO CONSTRUE MEANING OR INTENT –

EVEN IF NOT CAPITALIZED. THE FOLLOWING DEFINITIONS ARE

APPLICABLE TO ALL PARTS OF THE SOLICITATION, UNLESS EXPRESSLY

PROVIDED OTHERWISE.

AMENDMENT – means a document issued to supplement the original solicitation document.

BCSD – means the Beaufort County School District BOARD – means the elected Board of Education of the Beaufort County School District BUYER – means the Procurement Officer CHANGE ORDER- means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract.

CONTRACT MODIFICATION- means a written order signed by the Procurement Officer, directing the contractor to make changes which the changes clause of the contract authorizes the Procurement Officer to order without the consent of the contractor.

CONTRACTOR- means the Offeror receiving an award as a result of this solicitation.

COVER PAGE- means the top page of the original solicitation on which the solicitation is identified by number. Offerors are cautioned that Amendments may modify information provided on the Cover Page.

OFFER- means the bid or proposal submitted in response to this solicitation. The terms “Bid” and “Proposal” are used interchangeably with the term “Offer.”

OFFEROR- means the single legal entity submitting the offer. The term “Bidder” is used interchangeably with the term “Offeror.” See bidding provision entitled “Signing Your Offer” and “Bid/Proposal as Offer to Contract.”

ORDERING ENTITY- Using Governmental Unit that has submitted a Purchase Order.

PAGE TWO- means the second page of the original solicitation, which is labeled Page

Two.

PROCUREMENT OFFICER- means the person or his successor, identified as such on

Cover Page.

YOU and YOUR- mean Offeror.

SOLICITATION -means of this document, including all its parts, attachments, and any

Amendments.

SUBCONTRACTOR- means any person having a contract to perform work or render service to Contractor as a part of the Contractor’s agreement arising from this solicitation.

USING GOVERNMENTAL UNIT – means the unit(s) of government identified as such on the Cover Page. If the Cover Page names a “Statewide Term Contract” as the Using Governmental Unit, the Solicitation seeks to establish a Term Contract [11-35- 310(35)] open for use by all South Carolina Public Procurement Units [11-35- 4610(5)].

WORK - means all labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations under the Contract.

2.0.2 AMENDMENTS TO SOLICITATION (JAN 2004):

a) This solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.beaufort.k12.sc.us.

b) Offerors shall acknowledge receipt of any amendment to this solicitation

1) by signing and returning the amendment,

2) by identifying the amendment number and date in the space provided for this purpose on Page Two,

3) by letter, or

4) by submitting a bid that indicates in some way that the bidder received the amendment.

http://www.beaufort.k12.sc.us/

c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

2.0.3 AUTHORIZED AGENT (FEB 2015):

All authority regarding this procurement is vested solely with the responsible Procurement Officer.

2.0.4 AWARD NOTIFICATION (FEB 2015):

Notice regarding any award, cancellation of award, or extension of award will be posted at the location and on the date specified on the Cover Page or, if applicable, any notice of extension of award. Should the contract resulting from this Solicitation have a total or potential value of one hundred thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation and any award will not be effective until the eleventh day after such notice is given.

2.0.5 BID / PROPOSAL AS OFFER TO CONTRACT (JAN 2004):

By submitting Your Bid or Proposal, You are offering to enter into a contract with the BCSD. Without further action by either party, a binding contract shall result upon final award. Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror in this solicitation. An Offer may be submitted by only one legal entity, “joint bids” are not allowed.

2.0.6 BID ACCEPTANCE PERIOD (JAN 2004):

In order to withdraw Your Offer after the minimum period specified on the Cover Page, You must notify the Procurement Officer in writing.

2.0.7 BID IN ENGLISH & DOLLARS (JAN 2004):

Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the Solicitation.

2.0.8 BOARD AS PROCUREMENT AGENT (FEB 2015):

The Procurement Officer is an employee of the Board acting on behalf of the District pursuant to the Consolidated Procurement Code. Any contracts awarded as a result of this procurement are between the Contractor and the District. The Board is not a party to such contracts, unless and to the extent that the Board is a using governmental unit, and bears no liability for any party’s losses arising out of or relating in any way to the contract.

2.0.9 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008):

GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS

CERTIFICATION MAY RENDER YOU SUBJECT TO PROSECUTION UNDER

SECTION 16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS AND OTHER

APPLICABLE LAWS.

a) By submitting an offer, the offeror certifies that –

1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices

(ii) The intention to submit an offer; or (iii)The methods or factors used to calculate the prices offered.

2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in case of a negotiated solicitation) unless otherwise required by law; and

3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; or

2) (i) Has been authorized, in writing, to act as agent for the offeror’s principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification [As used in this subdivision (b)(2)(i), the term “principals” means the person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal];

(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and

(iii)As an agent, has not personally participated, and will not participate, in any action contrary to paragraph(s) (a)(1) through (a)(3) of this certification.

c) If the offeror deletes or modifies paragraph (a)(2) of this certification, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

2.0.10 CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY

MATTERS (JAN 2004):

a) By submitting on Offer, Offeror certifies, to the best of its knowledge and belief, that-

1) Offeror and/or any of its Principals-

i) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency;

ii) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract;

violation of Federal or state antitrust statutes relating to the submission of offer; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

iii) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in the paragraph a) 1) ii) of this provision.

2) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any public (Federal, state, or local) entity.

b) ”Principals,” for the purposes of this certification, means officers; directors; owners;

partners; and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions.

c) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award, Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

d) If Offeror is unable to certify the representations stated in paragraphs a) 1) and 2), Offeror must submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the Offeror’s responsibility. Failure for the Offeror to furnish additional information as requested by the Procurement Officer may render the Offeror non-responsible.

e) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings

f) The certification in paragraph a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in addition to other remedies available to the BCSD, the Procurement Officer may terminate the contract resulting from this solicitation for default.

2.0.11 CODE OF LAWS AVAILABLE:

The Beaufort County School District Procurement Code is available at http://www.beaufort.k12.sc.us . The South Carolina Regulations are available at http://www.scstatehouse.net/coderegs/statmast.htm.

2.0.12 DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE

ADVANTAGE (FEB 2015):

You warrant and represent that your offer identifies and explains any unfair competitive advantage you may have in competing for the proposed contract and any actual or potential conflicts of interest that may arise from your participation in this competition or your receipt of an award. The two underlying principles are:

a) Preventing the existence of conflicting roles that might bias a contractor’s judgment, and

b) Preventing an unfair competitive advantage. If you have an unfair competitive advantage or a conflict of interest, the District may withhold award. Before withholding award on these grounds, an offeror will be notified of the concerns and provided a reasonable opportunity to respond. Efforts to avoid or mitigate such concerns, including restrictions on future activities, may be considered. Without limiting the foregoing, you represent that your offer identifies any services that relate to either this solicitation or the work and that has already been performed by you, a proposed subcontractor, or an affiliated business of either.

2.0.13 DEADLINE FOR SUBMISSION:

Any offer received after the Procurement Officer of the governmental body or his designee has declared that the time set for opening has arrived, shall be rejected unless the offer has been delivered to the designated purchasing mail room at 2900 Mink Point Blvd, which services that purchasing office prior to the bid opening (R.19-445.2070(H)).

http://www.beaufort.k12.sc.us/ http://www.scstatehouse.net/coderegs/statmast.htm

2.0.14 DRUG FREE WORKPLACE CERTIFICATION (JAN 2004):

By submitting an Offer, Offeror certifies that, if awarded a contract, Contractor will comply with all applicable provisions of The Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended.

2.0.15 DUTY TO INQUIRE (FEB 2015):

Offeror, by submitting an Offer, represents that it has read and understands the Solicitation and that its Offer is made in compliance with the Solicitation. Offerors are expected to examine the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation.

Failure to do so will be at the Offeror’s risk. All ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation shall be interpreted to require the better quality or greater quantity of work and/or materials, unless otherwise directed by amendment. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to BCSD’s attention.

2.0.16 ETHICS CERTIFICATE (MAY 2008):

By submitting an Offer, the offeror certifies that the offeror has and will comply with, and has not, and will not, induce a person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics act). The following statutes require special attention:

a) Section 8-13-700, regarding use of official position for financial gain;

b) Section 8-13-705, regarding gifts to influence action of public official;

c) Section 8-13-720, regarding offering money for advice or assistance of public official;

d) Sections 8-13-755 and 8-13-760, regarding restriction on employment by former public official;

e) Section 8-13-755, prohibiting public official with economic interest from acting on contracts;

f) Section 8-13-790, regarding recovery of kickbacks;

g) Section 8-13-1150, regarding statements to be filed by consultants; and

h) Section 8-13-1342, regarding restrictions on contributions by contractor to candidate who participated in awarding of contract. The District may rescind any contract and recover all amounts expended as a result of any action taken in violation of this provision. If contractor participates, directly or indirectly, in the evaluation or award of public contracts, including without limitation, change orders or task orders regarding a public contract, contractor shall, if required by law to file such a statement, provide the statement required by Section 8-13-1150 to the procurement officer at the same time the law requires the statement to be filed.

2.0.17 OMIT TAXES FROM PRICE (JAN 2004):

Do not include any sales or use taxes in Your price that BCSD may be required to pay.

2.0.18 PROTESTS (JUNE 2006):

Any prospective Bidder, Offeror, Contractor, or Subcontractor who is aggrieved in connection with the solicitation of a contract shall protest within fifteen days of the date of issuance of the applicable solicitation document at issue. Any actual Bidder, Offeror, Contractor, or Subcontractor who is aggrieved in connection with the intended award or award of a contract shall protest within ten days of the date notification of award is posted in accordance with this code. A protest shall be in writing, shall set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided, and must be received by the appropriate chief procurement officer within the time provided.

2.0.19 PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015):

Violation of these restrictions may result in disqualification of your offer, suspension, or debarment, and may constitute a violation of law.

a) During the period between publication of the solicitation and final award, you must not communicate, directly or indirectly, with the District or its employees, agents, or officials regarding any aspect of this procurement activity, unless otherwise approved in writing by the Procurement Officer. All communications must be solely with the procurement Officer.

b) You are advised to familiarize yourself with Regulation 19-445.2165, which restricts donations to a governmental entity with whom you have or seek to have a contract.

You represent that your offer discloses any gifts made, directly or through an intermediary, by you or your named subcontractors to or for the benefit of the District during the period beginning eighteen months prior to the Opening Date.

2.0.20 PUBLIC OPENING (JAN 2004):

Offers will be publicly opened at the date/time and at the location identified on the cover page, or last Amendment, whichever is applicable.

2.0.21 QUESTIONS FROM OFFERORS (FEB 2015):

a) Any prospective Offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. Questions regarding the original solicitation or any amendment must be received by the Procurement Officer no later than five (5) days prior to opening unless an earlier date is stated on the Cover Page. Label any communication regarding your questions with the name of the Procurement Officer, and the solicitation's title and number. Oral explanations or instructions will not be binding. Any information given a prospective Offeror concerning a solicitation will be furnished promptly to all other prospective Offerors as an Amendment to the solicitation if that information is necessary for submitting offers or if the lack of it would be prejudicial to other prospective Offerors. See clause entitled “Duty to Inquire.” We will not identify you in our answer to your question.

b) The BCSD seeks to permit maximum practicable competition. Offerors are urged to advise the Procurement Officer – as soon as possible – regarding any aspect of this procurement, including any aspect of the Solicitation that unnecessarily or inappropriately limits full and open competition.

2.0.22 REJECTION/CANCELLATION:

The BCSD may cancel this solicitation in whole or in part. The BCSD may reject any or all proposals in whole or in part. A minimum of three bids is desired. If less than three bids are received, BCSD will make a determination.

2.0.23 RESPONSIVENESS / IMPROPER OFFERS (JUN 2015):

a) Bid as Specified: Offers for supplies or services other than those specified will not be considered unless authorized by the Solicitation.

b) Multiple Offers: Offerors may submit more than one Offer, provided that each Offer has significant differences other than price. Each separate Offer must satisfy all Solicitation requirements. If this solicitation is an Invitation for Bids, each separate Offer must be submitted as a separate document. If this solicitation is a Request for Proposals, multiple Offers may be submitted as one document, provided that you clearly differentiate between each Offer and you submit a separate cost proposal for each Offer, if applicable.

c) Responsiveness: Any Offer that fails to conform to the material requirements of the

Solicitation may be rejected as non-responsive. Offers which impose conditions that modify material requirements of the Solicitation may be rejected. If a fixed price is required, an Offer will be rejected if the total possible cost to the BCSD cannot be determined. Offerors will not be given an opportunity to correct any material nonconformity. Any deficiency resulting from a minor informality may be cured or waived at the sole discretion of the Procurement Officer. [R.19-445.2070 and Section 11-35-1520(13)]

d) Price Reasonableness: Any Offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price. [R. 19-445.2070].

e) Unbalanced Bidding: The BCSD may reject an Offer as non-responsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the BCSD even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

f) Do not submit bid samples or descriptive literature unless expressly requested.

Unsolicited bid samples or descriptive literature will not be examined or tested, will not be used to determine responsiveness, and will not be deemed to vary any of the provision of the solicitation

2.0.24 SIGNING YOUR OFFER:

Every Offer must be signed by an individual with actual authority to bind the Offeror.

a) If the Offeror is an individual, the Offer must be signed by that individual. If the

Offeror is an individual doing business as a firm the Offer must be submitted in the firm name, signed by the individual, and state that the individual is doing business as a firm

b) If the Offeror is a partnership, the Offer must be submitted in the partnership name followed by the words “by its Partner,” and signed by a general partner.

c) If the Offeror is a corporation, the Offer must be submitted in the corporate name, followed by the signature and title of the person authorized to sign.

d) An Offer may be submitted by a Joint Venturer involving any combination of individuals, partnerships, or corporations. If the Offeror is a Joint Venture, the Offer must be submitted in the name of the Joint Venture and signed by every participant in the Joint Venture in the manner prescribed in paragraphs a) through c) above for each type of participant.

e) If an Offer is signed by an Agent, other than as stated in subparagraphs a) through d) above, the Offer must state that it has been signed by an Agent. Upon request, Offeror must provide proof of the Agent’s authorization to bind the principal.

2.0.25 BCSD OFFICE CLOSINGS:

If an emergency or unanticipated event interrupts normal government processes so that offers cannot be received at the BCSD office designated for receipt of bids by the exact time specified in the solicitation, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal government processes resume. In lieu of an automatic extension, an Amendment may be issued to reschedule bid opening. If BCSD offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule the conference.

2.0.26 SUBMITTING CONFIDENTIAL INFORMATION (FEB 2015): (An overview is available at www.procurement.sc.gov):

a) For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that Offeror contends contains information that is exempt from public disclosure because it is either

1) a trade secret as defined in Section 30-4-40(a)(1) or

2) privileged and confidential, as that phrase is used in Section 11-35-410.

b) For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the words "TRADE SECRET" every page, or portion thereof, that Offeror contends contains a trade secret as that term is defined by Section 39-8-20 of the Trade Secrets Act.

c) For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word "PROTECTED" every page, or portion thereof, that Offeror contends is protected by Section 11-35-1810.

d) All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text. Do not mark your entire response (Bid, Proposal, Quote, etc.) as confidential, trade secret, or protected. If your response or any part thereof, is improperly marked as confidential or trade secret or protected, the BCSD may, in its sole discretion, determine it non-responsive. If only portions of a page are subject to some protection, do not mark the entire page.

e) By submitting a response to this solicitation or request, Offeror:

1) agrees to the public disclosure of every page of every document regarding this solicitation or request that was submitted at any time prior to entering into a contract (including, but not limited to, documents contained in a response, documents submitted to clarify a response, and documents submitted during negotiations), unless the page is conspicuously marked "TRADE SECRET" or "CONFIDENTIAL" or "PROTECTED", http://www.procurement.sc.gov/

2) agrees that any information not marked, as required by these bidding instructions, as a "Trade Secret" is not a trade secret as defined by the Trade Secrets Act, and

3) agrees that, notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other financial figures used to determine the award, as well as the final contract amount, are subject to public disclosure.

f) In determining whether to release documents, the BCSD will detrimentally rely on

Offeror's marking of documents, as required by these bidding instructions, as being either "confidential" or "trade secret" or "PROTECTED".

g) By submitting a response, Offeror agrees to defend, indemnify and hold harmless the

BCSD, its officers, and its employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney’s fees, arising out of or resulting from withholding information by the District, that Offeror marked as "confidential" or "trade secret" or "PROTECTED". (All references to S.C. Code of Laws.)

2.0.27 SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015):

Unless specifically instructed otherwise in the solicitation, you should submit your offer or modification in accordance with the following instructions:

a) All prices and notations should be printed in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the person signing the bid. Do not modify the solicitation document itself (including bid schedule).

b)

1) All copies of the Offer or , and any other documents required to be submitted with the offer shall be enclosed in a sealed, opaque envelope or package.

2) Submit your offer or modification to the address on the Cover Page.

3) The envelope or package must show the time and date specified for opening, the solicitation number, and the name and address of the bidder.

If the offer or modification is sent by mail or special delivery service (UPS, Federal Express, etc.), the outermost envelope or wrapper must be labeled “OFFER ENCLOSED” on the fact thereof.

c) If you are responding to more than one solicitation, submit each offer in a separate envelope or package.

d) Submit the number of copies indicated on the Cover Page.

e) Facsimile or e-mail offers, modifications, or withdrawals, will not be considered unless authorized by the Solicitation.

2.0.28 WITHDRAWAL OR CORRECTION OF OFFER:

Offers may be withdrawn by written notice received at any time before the exact time set for opening. If the Solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for opening. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. The withdrawal and correction of Offers is governed by S.C. Code Section 11-35-1520 and Regulation 19-445.2085.

2.1 SPECIAL INSTRUCTIONS

2.1.1 BOARD APPROVAL REQUIRED (JAN 2006):

Any award is subject to prior approval by the BCSD Board.

2.1.2 CLARIFICATION (NOV 2007):

Pursuant to Section 11-35-1520(8), the Procurement Officer may elect to communicate with you after opening for the purpose of clarifying either your offer or the requirements of this solicitation. Such communications may be conducted only with offerors who have submitted an offer which obviously conforms in all material aspects to the solicitation.

Clarification of an offer must be documented in writing and included with the offer.

Clarifications may not be used to revise an offer or the solicitation.

2.1.3 CONTENTS OF OFFER (RFP) – (FEB 2015):

a) Offers should be complete and carefully worded and should convey all of the information requested.

b) Offers should be prepared simply and economically, providing a straightforward, concise description of offeror's capabilities to satisfy the requirements of the RFP.

Emphasis should be on completeness and clarity of content.

c) The contents of your offer must be divided into two parts, the technical proposal, and the business proposal. Each part should be bound in a single volume.

d) If your offer includes any comment over and above the specific information requested in the solicitation, you are to include this information as a separate appendix to your offer. Offers which include either modifications to any of the solicitation’s contractual requirements or an offeror's standard terms and conditions may be deemed non-responsive and not considered for award.

2.1.4 MAGNETIC MEDIA -- REQUIRED MEDIA AND FORMAT (MAR 2015)

In addition to your original offer, you must submit an electronic copy or copies on compact disk (CD), DVD, USB drive. Submit the number of copies indicated on the cover page. Each copy should be on separate media. Your business and technical proposals must be on separate media. Every disk or USB drive must be labeled with the solicitation number and the offeror’s name, and specify whether contents address technical proposal or business proposal. If multiple disk sets are provided, each disk in the set must be appropriately identified as to its relationship to the set, e.g., 1 of 2. Each electronic copy must be identical to the original hard copy. File format shall be compatible with Microsoft Office (Version 2003 or later) or Adobe Acrobat or equivalent Portable Document Format (.pdf) viewer. The Procurement Officer must be able to view, search, copy and print electronic documents without a password.

2.1.5 MAIL PICK-UP:

The District picks up mail from the USPS Drawer 309 once daily around 8:30 a.m.

excluding weekend and holidays. (See deadline for submission of offer Page 1) Please note that it is the vendor’s responsibility to be sure their proposal arrives at the Procurement Department – District Office at the specified date and time.

2.1.6 PROTEST – CPO:

Any protest must be addressed to the Chief Procurement Officer, Procurement Office, and submitted in writing

a) by email to: kaylee.yinger@beaufort.k12.sc.us

b) by facsimile at 843-322-0748

c) by post or delivery to P.O. Drawer 309, Beaufort, SC 29901-0309 OR

2900 Mink Point Boulevard, Beaufort, SC 29902

3.0 SCOPE OF WORK/SPECIFICATIONS

A new concessions food truck, or an approved alternate. 2025 models are requested.

Specifications are listed below in 3.0.3.

3.0.1 QUALITY – NEW:

All items must be new.

3.0.2 PERFORMANCE LOCATION:

After award, all deliveries shall be provided to the locations specified by this Solicitation.

mailto:kaylee.yinger@beaufort.k12.sc.us

3.0.3 SCOPE OF WORK: A New Concessions Food Truck that has the following items at a minimum. Quote shall include price and all other associated features listed. Many standard items are not included in the quote below. List all features as Beaufort County School District will be selecting based on the best value to the District.

• 2025 Model Year

• Standard Led Running Lights, Radial Tires. Electric Brakes,& 2 5/16 Coupler, Spoiler At Rear With Built In Light, Aluminum Step. Paper Towel Holder And Soap Dispenser. 16' On Center Roof Bows, Roof Vent

• Covers

• 8.5x28 Tandem Axle

• 15x30 Window

• Electric Tongue Jack W/Battery

• Adjustable Coupler

• Scissor Jacks 2- (Pair) Front & Rear

• 7000 Lb. Torsion Axle

• 8 Lug Spider Mag Wheel (Each). E-Rated Radial 10 Ply 235/80/16' Tires

• 8 Lug Spare Radial Tire & Wheel

• 12" Additional Height

• Black-Out Package (Includes ATP And All Exterior Trim)

• Exterior Poly-Core .080 Aluminum Siding. Semi-Screwless. Black-Red-White-

Silver- Charcoal

• Insulated Walls And Ceiling

• Commercial Vinyl Floor

• Mill Finished Embossed Ceiling And Walls

• 11,000-Watt Gl1100 Diesel Generator, Front Plate, Shipping, Professionally

Installed

• Triple Sink Package (Triple Sinks With Handwash, Water Pump, 40 Gallon

Freshwater Tank, 50 Gallon Waste Tank)

• Commercial Spray Nozzle

• Cutting Board To Cover Triple Sinks

• LP On-Demand Tankless Water Heater

• 60x36 Concession Door With Glass & Screen

• Fold Down Shelf Under Concession Window On The Outside

• Base Cabinet With Drawers Overdoors And Stainless-Steel Top (Per Linear Foot)

• Shelf Above Sink Or Concession Window

• RV Package (Includes Panel Box. 25' Lifeline. 12 Volt Ceiling Lights, Mc Cable, 24 Group Battery W/ Solar Panel

• 50 Amp Motor Base Plug

• 110 Outlet

• Exterior GFI Outlet With Cover Box

• Exterior Led Flood Light 12 Volt

• 24000 BTU Wall Mounted Mini Split Ac

• 15,000 BTU Air Conditioner

• Gas Package {Includes Two 100 lb. Tanks With Regulator, Cages, ATP Covered

Generator Deck, Gas Lines With Individual Cut-Off's)

• 12' Hood With Exhaust Vent With Stainless Steel Backsplash, Lights In Hood

• Red Bottle Fire Suppression With Shunt Trip Breaker

• Return Air System

• Burner Stove With Oven And 24' Griddle Combo, Custom Made Stands And

Brackets, Professional Installation

• 40 Lb. Deep Fryer (16' Wide) W/ Lid Cover, Custom Made Stands, Professional

Installation

• 48" Commercial Heavy Duty Gas Grill, Custom Made Stands, Professional

Installation Convection Double Oven

• LP Double Stack Convection Oven

• Insulated Proofer Warmer Cabinet (34 Pan), Custom Made Stands And Brackets

Professional Installation

• Bay LP Steam Table (6511 Long)

• 36" Sandwich Prep With Double Doors

• 19' Cu Refrigerator

• 24" X 30" Stainless Steel Worktable, Stainless Steel Open Base Worktable, Brackets, Professional Installation

• Super Therm Heat Reflective Silicone Paint On Roof

• 20' Electric Awning With Awning Light Strip

• Smart TV & Menu Shadow Box

• SCDOT Inspection Completed

DELIVERY TO: Beaufort County School District, 2900 Mink Point Blvd, Beaufort, SC 29903 within 6 months of order date. Expected lead time is not to exceed 20 weeks from deposit (if applicable).

3.0.4 EXCEPTIONS:

In a separate document included with its Offer, Offeror must list and collate all objections, exceptions and observations regarding the specific requested Services and requirements. Such document must provide citations to the specific Section of this Invitation for Bid to which the offeror objects, takes exception, or provides observation.

4.0 INFORMATION FOR OFFEROR TO SUBMIT:

a) In order to insure a uniform review process and to obtain the maximum degree of comparability, it is required that proposals be submitted in the format outlined below:

• Offeror shall submit a signed Cover Page and Page Two.

b) All objections, exceptions and observations regarding the specified Services and requirements collated in a separate document with regards to specific Section to which the offeror objects, takes exception(s), or provide(s) observation.

c) Offeror should submit all other information and documents requested in this part and in parts 2.1 – Special Instructions; 3.0 – Scope of Work; 5.0 – Qualifications; 8.0 – Bidding Schedule/Price Proposal; Section 9 – Attachments to Solicitations.

5.0 QUALIFICATIONS:

5.0.1 QUALIFICATIONS OF OFFEROR (MAR 2015):

a) To be eligible for award, you must have the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance. We may also consider a documented commitment from a satisfactory source that will provide you with capability. We may consider information from any source at any time prior to award. We may elect to consider:

(i) key personnel, any predecessor business, and any key personnel of any predecessor business, including any facts arising prior to the date a business was established, and/or

(ii) any subcontractor you identify.

b) You must promptly furnish satisfactory evidence of responsibility upon request.

Unreasonable failure to supply requested information is grounds for rejection.

c) Corporate subsidiaries are cautioned that the financial capability of an affiliated or parent company will not be considered in determining financial capability;

however, we may elect to consider any security, e.g., letter of credit, performance bond, parent-company corporate guaranty, that you offer to provide instructions and forms to help assure acceptability are posted on procurement.sc.gov, link to “Standard Clauses & Provisions.”

5.0.2 SUBCONTRACTOR IDENTIFICATION (FEB 2015):

If you intend to subcontract, at any tier level, with another business for any portion of the work and that portion either (1) exceeds 10% of your cost, (2) involves access to any “government information,” as defined in the clause entitled “Information Security – Definitions,” if included, or (3) otherwise involves services critical to your performance of the work (err on the side of inclusion), your offer must identify that business and the work that they are to perform. Identify potential subcontractors by providing the business name, address, phone, taxpayer identification number, and point of contact. In determining your responsibility, the BCSD may contact and evaluate your proposed subcontractors.

6.0 AWARD CRITERIA:

6.0.1 AWARD TO ONE OFFEROR (JAN 2006):

Award will be made to one offeror

6.0.2 AWARD CRITERIA - BIDS:

Award will be made to the lowest responsible and responsive bidder.

6.0.3 UNIT PRICE GOVERNS (JAN 2006):

In determining award, unit prices will govern over extended prices unless otherwise stated.

7.0 TERMS & CONDITIONS- A. GENERAL

7.0.1 ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR

STRUCTURE (FEB 2015):

a) Contractor shall not assign this contract, or its rights, obligations, or any other interest arising from this contract, or delegate any of its performance obligations, without the express written consent of the responsible Procurement Officer. The foregoing restriction does not apply to a transfer that occurs by operation of law (e.g., bankruptcy; corporate reorganizations and consolidations, but not including partial asset sales. Notwithstanding the foregoing, contractor may assign monies receivable under the contract provided that the District shall have no obligation to make payment to an assignee until thirty days after contractor (not the assignee) has provided the responsible procurement officer with:

i) Proof of the assignment,

ii) the identity (by contract number) of the specific District contract to which the assignment applies, and

iii) the name of the assignee and the exact address or account information to which assigned payments should be made.

b) If contractor amends, modifies, or otherwise changes its name, its identity (including its trade name), or its corporate, partnership or other structure, or its FEIN, contractor shall provide the procurement officer prompt written notice of such change.

c) Any name change, transfer, assignment, or novation is subject to the conditions and approval required by Regulation 19-445.2180, which does not restrict transfers by operation of law.

7.0.2 BANKRUPTCY - GENERAL (FEB 2015):

a) Notice: In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy to the Using Governmental Unit. This notification shall be furnished within two (2) days of the initiation of the proceedings relating to the bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of all BCSD contracts against which final payment has not been made.

This obligation remains in effect until final payment under this Contract.

b) Termination: This Contract is voidable and subject to immediate termination by the

BCSD upon the Contractor’s insolvency, including the filing of proceedings in bankruptcy.

7.0.3 CHOICE OF LAW (JAN 2006):

The Agreement, any dispute, claim, or controversy relating to the Agreement, and all the rights and obligations of the parties shall, in all respects, be interpreted, construed, enforced, and governed by and under the laws of the State of South Carolina, except its choice of law rules. As used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or contemplated by the solicitation.

7.0.4 CONTRACT DOCUMENTS & ORDER OF PRECEDENCE (FEB 2015):

a) Any Contract resulting from this solicitation shall consist of the following documents:

1) a Record of Negotiations, if any, executed by you and the Procurement Officer,

2) the solicitation, as amended,

3) documentation of clarifications 11-35-1520(8) or discussions 11-35-1530(6) of an offer, if applicable,

4) your offer,

5) any statement reflecting the District’s final acceptance (a/k/a “award”), and

6) purchase orders.

These documents shall be read to be consistent and complimentary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above.

b) The terms and conditions of documents (1) through (5) above shall apply notwithstanding any additional or different terms and conditions in any other document, including without limitation:

i) a purchase order or other instrument submitted by the BCSD or

ii) any invoice or other document submitted by Contractor, or

iii) any privacy policy, terms of use, or end user agreement.

Except as otherwise allowed herein, the terms and conditions of all such documents shall be void and of no effect.

c) No contract, license, or other agreement containing contractual terms and conditions will be signed by any Using Governmental Unit. Any document signed or otherwise agreed to by persons other than the Procurement Officer shall be void and of no effect.

7.0.5 DISCOUNT FOR PROMPT PAYMENT (JAN 2006):

a) Discounts for prompt payment will not be considered in the evaluation of Offers.

However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the Offeror. As an alternative to offering a discount for prompt payment in conjunction with the Offer, Offerors awarded contracts may include discounts for prompt payment on individual invoices.

b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the District annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

7.0.6 DISPUTES (JAN 2006):

a) Choice-of-Forum: All disputes, claims, or controversies relating to the Agreement shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Beaufort County, State of South Carolina. Contractor agrees that any act by the Government regarding the Agreement is not a waiver of either the Government's sovereign immunity or the Government's immunity under the Eleventh Amendment of the United States’ Constitution. As used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or contemplated by the solicitation.

b) Service of Process: Contractor consents that any papers, notices, or process necessary or proper for the initiation or continuation of any disputes, claims, or controversies relating to the Agreement; for any court action in connection therewith; or for the entry of judgment on any award made, may be served on Contractor by certified mail (return receipt requested) addressed to Contractor at the address provided as the Notice Address on Page Two or by personal service or by any other manner that is permitted by law, in or outside South Carolina. Notice by certified mail is deemed duly given upon deposit in the United States mail.

7.0…