5400030313 Solicitation.pdf

SAP

State of South Carolina

Fixed Price Bid

EXEMPT

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400030313 10/16/2026

JEFFERY SCHWALK

1-803-737-1018 SchwalkJC@scdot.gov SCDOT Procurement Office PO Box 191 Columbia SC 29202-0191

DESCRIPTION: FP ON-CALL INTERSTATE LITTER REMOVAL

USING GOVERNMENTAL UNIT: DEPARTMENT OF TRANSPORTATION

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov SUBMIT OFFER BY (Opening Date/Time):12/08/2026 11:00:00 (See "Deadline For Submission Of Offer" provision) QUESTIONS MUST BE RECEIVED BY: 11/05/2026 10:00 AM (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: ONE ONLINE

CONFERENCE TYPE: NOT APPLICABLE

DATE & TIME: MM/DD/20YY 00:00 AM

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)

LOCATION: NOT APPLICABLE

AWARD &

AMENDMENTS

Award will be posted on 01/06/2027. The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

You must submit a signed copy of this form with Your Offer. By signing, 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. (See "Signing Your Offer" provision.)

NAME OF OFFEROR

(full legal name of business submitting the offer)

Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. 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.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME

(printed name of person signing above)

STATE OF INCORPORATION

(If you are a corporation, identify the state of incorporation.)

OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing Your Offer" provision.)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)

COVER PAGE - ON-LINE ONLY (MAR. 2015)

http://www.procurement.sc.gov/ http://www.procurement.sc.gov/

PAGE TWO

(Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)

_________________________________________________ Area Code - Number - Extension Facsimile

E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.) (See "Payment" clause)

____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one)

ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders and "Contract Documents" clauses)

____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision)

Amendment No.

Amendment Issue Date

Amendment No.

Amendment Issue Date

Amendment No.

Amendment Issue Date

Amendment No.

Amendment Issue Date

DISCOUNT FOR

PROMPT

PAYMENT

(See "Discount for Prompt Payment" clause)

10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)

PAGE TWO (SEP 2009) End of PAGE TWO

UPDATED BID OPENING PROCEDURES

You are strongly encouraged to submit responses via SCEIS. You may still submit via mail or drop off your paper bid at the front desk at 955 Park St, Columbia, SC 29201.

You may attend the bid opening in person, however if you prefer to attend virtually, please follow the instructions below a few minutes before or at 2:30 PM.

Dial: 1-833-523-3710

Access Code/Conference ID: 657738

INSTRUCTIONS FOR OFFERORS SUBMITTING HARD COPY BIDS

Mailing Address: Physical Address:

SCDOT Procurement Office SCDOT Procurement Office P.O. Box 191 – Room 101 955 Park Street – Room 101 Columbia, S.C. 29202-0191 Columbia, S.C. 29201-3976

1. Offerors shall submit their bid in a sealed package.

2. The solicitation number and opening date must appear on the package exterior.

3. Offerors shall submit one (1) copy.

PLEASE NOTE THAT IF TERMS AND CONDITIONS ARE OBJECTED OR QUALIFIED OR OFFEROR

INCLUDES ADDITIONAL TERMS AND CONDITIONS TO BE CONSIDERED, THE OFFER WILL BE

DEEMED NON-RESPONSIVE AND WILL BE ELIMINATED FROM FURTHER CONSIDERATION.

IF YOU QUALIFY YOUR OFFER WITH A STATEMENT LIKE: “THIS IS NOT AN OFFER”, YOU WILL BE

DEEMED NON-RESPONSIVE AND ELIMINATED FROM FURTHER CONSIDERATION.

See online bidding instructions in section II B herein.

Table of Contents

SAP

SECTION I – SCOPE OF SOLICITATION

SECTION II.A – INSTRUCTIONS TO OFFERORS – A. GENERAL INSTRUCTIONS

SECTION II.B – INSTRUCTIONS TO OFFERORS – B. SPECIAL INSTRUCTIONS

SECTION III – SCOPE OF WORK/SPECIFICATIONS

SECTION IV – INFORMATION FOR OFFERORS TO SUBMIT

SECTION V - QUALIFICATIONS

SECTION VI – AWARD CRITERIA

SECTION VII.A – TERMS AND CONDITIONS – A. GENERAL

SECTION VII.B – TERMS AND CONDITIONS – B. SPECIAL

SECTION VIII – BIDDING SCHEDULE/PRICE PROPOSAL

SECTION IX – ATTACHMENTS TO SOLICITATION

I. SCOPE OF SOLICITATION

This Solicitation is Exempt pursuant to 11-35-710(1).

The South Carolina Department of Transportation (SCDOT) is soliciting bids for litter removal services along interstate roadways. The services shall be performed on a fixed price, on-call basis and shall meet all specifications set forth in this solicitation.

ACQUIRE SERVICES

The purpose of this solicitation is to acquire services complying with the enclosed description and/or specifications and conditions.

MAXIMUM CONTRACT PERIOD - ESTIMATED

Start date: 01/19/2027 End date: 01/18/2030. Dates provided are estimates only. The initial term of the contract will be for one (1) year, with the possibility of two (2) one-year renewals, for a total potential contract period of three (3) years. Any resulting contract will begin on the date specified in the notice of award. See clause entitled "Term of Contract - Effective Date/Initial Contract Period".

II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

DEFINITIONS, CAPITALIZATION, AND HEADINGS

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.

AUTHORITY means the State Fiscal Accountability Authority or its successor in interest.

BUSINESS means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity. [11-35-310(3)]

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. [11-35-310(5)]

CONTRACT See clause entitled Contract Documents & Order of Precedence.

CONTRACT MODIFICATION means a written order signed by the procurement officer, directing the contractor to make changes which the clause of the contract titled "Changes," if included herein, authorizes the Procurement Officer to order without the consent of the contractor. [11-35-310(9)]

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 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 provisions entitled Signing Your Offer and Bid/Proposal As Offer To Contract.

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 either the Cover Page, an amendment, or an award notice.

YOU and YOUR means Offeror.

SOLICITATION means this document, including all its parts, attachments, and any Amendments.

STATE means the Using Governmental Unit(s) identified on the Cover Page.

SUBCONTRACTOR means any person you contract with to perform or provide any part of the work.

US or WE means the using governmental unit.

USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. If the Cover Page identifies the Using Governmental Unit as "Statewide Term Contract," the phrase "Using Governmental Unit" means any South Carolina Public Procurement Unit [11-35-4610(5)] that has submitted a Purchase Order to you pursuant to the contract resulting from this solicitation. Reference the clauses titled "Purchase Orders" and "Statewide Term Contract."

WORK means all labor, materials, equipment, services, or property of any type, provided or to be provided by the

Contractor to fulfill the Contractor's obligations under the Contract.

AMENDMENTS TO SOLICITATION

(a) The 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.procurement.sc.gov (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. (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

AUTHORIZED AGENT

All authority regarding this procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the only government official authorized to bind the government with regard to this procurement or the resulting contract.

AWARD NOTIFICATION

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, the most recent notice of extension of award. Should the contract resulting from this Solicitation have a total or potential value more than one hundred thousand dollars, such notice will be sent electronically to all Offerors responding to the Solicitation. Unless a written notice of intent to protest is timely filed or the award is otherwise suspended or canceled, the award will be effective on the calendar day (including weekends and holidays) immediately following the seventh business day after such notice is given.

BID/PROPOSAL AS OFFER TO CONTRACT

By submitting Your Bid or Proposal, You are offering to enter into a contract with the Using Governmental Unit(s).

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 on the Cover Page. An Offer may be submitted by only one legal entity; "joint bids" are not allowed.

BID ACCEPTANCE PERIOD

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

BID IN ENGLISH and DOLLARS

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

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

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 the 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 paragraphs (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.

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS

(a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-

(i) Offeror and/or any of its Principals-

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

(B) 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 offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

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

(ii) 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.

(2) "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).

(b) 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.

(c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer 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 of the Offeror to furnish additional information as requested by the Procurement Officer may render the Offeror nonresponsible.

(d) 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.

(e) 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 State, the Procurement Officer may terminate the contract resulting from this solicitation for default.

CODE OF LAWS AVAILABLE

The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at:

http://www.scstatehouse.gov/code/statmast.php

The South Carolina Regulations are available at:

http://www.scstatehouse.gov/coderegs/statmast.php

[02-2A040-2]

DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE

(“OCI FAQ for Contractors” is available at www.procurement.sc.gov)

(a) You certify that, after reasonable inquiry, to the best of your knowledge and belief: (1) your offer identifies any services that relate to either this solicitation or the work and that have already been performed by you, a proposed subcontractor, or an affiliated business or consultant of either; and (2) there are no relevant facts or circumstances that may give rise to an actual or potential organizational conflict of interest, or 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.

(b) If you, a proposed subcontractor, or an affiliated business or consultant of either, have an unfair competitive advantage or an actual or potential conflict of interest, the State may withhold award. Before withholding award on these grounds, the State will notify you of the concerns and provide a reasonable opportunity for you to respond. The State may consider efforts to avoid or mitigate such concerns, including restrictions on future activities.

(c) The certification in paragraph (a) of this provision is a material representation of fact upon which the State will rely when considering your offer for award.

DEADLINE FOR SUBMISSION OF OFFER

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 office or the governmental body's mail room which services that purchasing office prior to the opening.

DRUG FREE WORK PLACE CERTIFICATION

By submitting an Offer, Contractor 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.

DUTY TO INQUIRE

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 http://www.scstatehouse.gov/code/statmast.php http://www.scstatehouse.gov/coderegs/statmast.php 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 the State's attention. See clause entitled "Questions from Offerors."

ETHICS CERTIFICATE

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

Section 8-13-705, regarding gifts to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance of public official; Sections 8-13-755 and 8-13-760, regarding restrictions on employment by former public official; Section 8-13-775, prohibiting public official with economic interests from acting on contracts; Section 8-13-790, regarding recovery of kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342, regarding restrictions on contributions by contractor to candidate who participated in awarding of contract. The state 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.

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 or uploaded as a separate document and must clearly indicate that it is a separate offer. If this solicitation is a Request for Proposals, multiple offers may be submitted or uploaded as one document, provided that you clearly differentiate between each offer and you submit a separate cost proposal for each offer, if applicable.

OMIT TAXES FROM PRICE

Do not include any sales or use taxes in Your price that the State may be required to pay. [02-2A080-1]

PRICING

(a) Fixed Price. If a fixed price is required, award will not be made on an Offer if the total possible price to the State cannot be determined. (b) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price. (c) Unbalanced Pricing. The State will analyze all offers with separately priced line items or subline items to determine if the prices are unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated. The responsible procurement officer may reject an offer as unreasonably priced if she determines that unbalanced pricing increases performance risk (e.g., it is so unbalanced as to be tantamount to allowing an advance payment) or could result in payment of unreasonably high prices.

OPEN TRADE REPRESENTATION

By submitting an Offer, Offeror represents that Offeror is not currently engaged in the boycott of a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code Section 11-35-5300.

PROTESTS

(a) If you are aggrieved in connection with the solicitation or award of the contract, you may be entitled to protest.

To protest the solicitation or an amendment, your written protest must be received within fifteen Days of the date the applicable solicitation document is issued. To protest an award, (i) written notice of your intent to protest must be received within seven Business Days of the date the award notice is posted, and (ii) your actual written protest must be received within fifteen Days of the date the award notice is posted. Time periods are computed in accordance with Section 11-35-310(13) and the definitions for Day and Business Day. Both protests and notices of intent to protest must be received by the appropriate Chief Procurement Officer (CPO). See clause entitled "Protest-CPO." (b) Documents directly connected to a procurement activity may be available within five days after request. All document requests should be directed to SCDOTFOIAInfo@scdot.org and the Procurement Officer listed on the Cover Page of this solicitation. If a protest is pending, the protestant’s lawyer may access otherwise unavailable information by applying to the CPO for the issuance of a protective order. Additional information is available at www.procurement.sc.gov/legal.

PROHIBITED COMMUNICATIONS AND DONATIONS

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 Using Governmental Unit 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 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 Using Governmental Unit during the period beginning eighteen months prior to the Opening Date.

PUBLIC OPENING

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

QUESTIONS FROM OFFERORS

(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 State 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.

REJECTION/CANCELLATION

The State may cancel this solicitation in whole or in part. The State may reject any or all proposals in whole or in part.

RESPONSIVENESS

(a) Award will not be made on a nonresponsive offer. An offer is nonresponsive (i) if it does not constitute an unambiguous offer to enter into a contract with the State, or (ii) if it imposes conditions inconsistent with, or does not unambiguously agree to, the solicitation’s material requirements. (b) Bid as Specified. Offers for supplies or services other than those specified will not be considered unless authorized by the Solicitation.

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 mailto:SCDOTFOIAInfo@scdot.org http://www.procurement.sc.gov/legal

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 is has been signed by an Agent. Upon request, Offeror must provide proof of the agent's authorization to bind the principal.

STATE OFFICE CLOSINGS

If an emergency or unanticipated event interrupts normal government processes so that offers cannot be received at the government 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 state offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule the conference. Useful information may be available at: https://scemd.org/closings/

DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA

(a) IF YOU IDENTIFY YOUR ENTIRE RESPONSE AS EXEMPT FROM PUBLIC DISCLOSURE, OR IF YOU DO

NOT SUBMIT A REDACTED COPY AS REQUIRED, THE STATE MAY, IN ITS SOLE DISCRETION,

DETERMINE YOUR BID OR PROPOSAL NONRESPONSIVE AND INELIGIBLE FOR AWARD. (b) By submitting a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every page, or portion thereof, 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, or portion thereof, was redacted and conspicuously marked "Trade Secret" or "Confidential" or "Protected", (2) agrees that any information not redacted and 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. (c) If your offer includes any information that you claim is exempt from public disclosure, you must submit one complete copy of your offer from which you have removed or concealed such information (the redacted copy). Except for the information removed or concealed, the redacted copy must be identical to your original offer. (d) Do not mark your entire response (bid, proposal, quote, etc.) as confidential, trade secret, or protected. If only portions of a page are subject to some protection, do not redact the entire page. The redacted copy must reflect the same pagination as the original and show the empty space from which information was redacted. The Procurement Officer must be able to view, search, copy and print the redacted copy without a password. If your response, or any part thereof, is improperly marked as confidential or trade secret or protected, the State may, in its sole discretion, determine it nonresponsive. (e) On the redacted copy, you must identify the basis of your claim by marking each redaction as follows: You must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that you redacted and claim as exempt from public disclosure because it is either (1) a trade secret as defined in Section 30-4-40(a)(1) of the Freedom of Information Act, or (2) privileged and confidential. You must separately mark with the words "TRADE SECRET" every page, or portion thereof, that you redacted and claim as exempt from public disclosure as a trade secret pursuant to Section 39-8-20 of the Trade Secrets Act. You must separately mark with the word "PROTECTED" every page, or portion thereof, that you redacted and claim as exempt from public disclosure. All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text. (f) In determining whether to release documents, the State will detrimentally rely on your redaction and marking of documents, as required by these bidding instructions, as being either "Confidential" or "Trade Secret" or "Protected". By submitting a response, you agree to defend, indemnify and hold harmless the State of South Carolina, its agencies, officers and 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 State of South Carolina or any of its agencies, that you have redacted or marked as "Confidential" or "Trade Secret" or "Protected". (All references to S.C. Code of Laws.)

https://scemd.org/closings/

SUBMITTING A PAPER OFFER OR MODIFICATION

Unless specifically instructed otherwise in the solicitation, you should submit your offer or modification in accordance with the clause titled "ON-LINE BIDDING INSTRUCTIONS." Paper offers are discouraged. If you must submit a paper offer or modification the following instructions apply. (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 modification, 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 face 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.

VENDOR REGISTRATION MANDATORY

You must have a state vendor number to be eligible to submit an offer. To obtain a state vendor number, visit www.procurement.sc.gov and select Doing Business with Us. Then select New Vendor Registration. (To determine if your business is already registered, go to "Vendor Search"). Upon registration, you will be assigned a state vendor number. Note that your vendor registration submission may take up to 30 days to process due to high numbers of registrants. Vendors must keep their vendor information current. If you are already registered and know your User ID and Password, you can update your information by selecting Update Vendor Registration. If you need to update information but do not have your User ID/Password, you must complete a new vendor registration and On Step 9 – Messages to Administration indicate “Update vendor number” with your existing 10-digit vendor number. (Please note that vendor registration does not substitute for any obligation to register with the S.C. Secretary of State or S.C. Department of Revenue. You can register with the agencies at South Carolina Business One Stop, http://scbos.sc.gov)

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.

http://scbos.sc.gov/

II. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS

MAIL PICKUP

SCDOT picks up all mail from The US Postal Service twice daily around 8:30 a.m. and noon (excluding weekends and holidays). See provision entitled Deadline for Submission of Offer.

OFFERING BY LOT

Offers may be submitted for one or more complete lots. Failure to offer on all items within a lot will be reason for rejection.

ON-LINE BIDDING INSTRUCTIONS

(a) Mandatory Registration. You must register before you can submit an offer on line! See clause entitled

"VENDOR REGISTRATION MANDATORY."

(b) Steps for On-Line Bidding 1 The link provided on the solicitation's Cover Page will take you to our web based on-line bidding system, where you will enter and/or upload your offer.

2 Follow the general user instructions posted at www.procurement.sc.gov under the heading "Submitting Offers."

3 Confirm your offer has a status of "submitted" by refreshing the "RFx and Auctions" screen.

Only offers with a status of "submitted" have been received by the State.

Offers with a status of "saved" have not been received.

4 Save or print a copy of your offer using the "Print Preview" button after your offer has been submitted.

PROTEST - CPO - SCDOT ADDRESS

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

(a) by email to PlayerJD@scdot.org, or

(b) by post or delivery to 955 Park St, Room 101, Columbia, SC 29201.

RESPONSIVENESS – CORRECTION OF NON-CONFORMITY

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.

UNIT PRICES REQUIRED

Unit price to be shown for each item.

mailto:PlayerJD@scdot.org

III. SCOPE OF WORK/SPECIFICATIONS

This document provides specifications for litter and debris removal activities and associated activities to be performed within the South Carolina Department of Transportation’s (SCDOT) rights-of-way on a fixed-price, per-line-item, as-needed basis.

ACTIVITIES:

• Litter/Debris Removal

ASSOCIATED ACTIVITIES:

• Litter/Debris Disposal

• Work Zone Traffic Control

Activities may occur at locations identified in APPENDIX 1: LOCATIONS.

All litter/debris removal activities and associated activities described herein shall include the furnishing of all labor, supervision, implements, machinery, equipment, tools, materials, transportation, licenses, fuel, traffic control devices, and incidentals necessary to satisfactorily perform the work.

The areas within the SCDOT right-of-way where litter/debris removal activities and associated activities will occur shall be in accordance with the limits established in these specifications and shall be monitored by the respective lot’s (county’s) SCDOT Resident Maintenance Engineer or authorized representative, hereinafter referred to as the Engineer.

The bidder who successfully enters into a contractual agreement with SCDOT to perform the litter/debris removal activities described in these specifications shall hereinafter be referred to as the Contractor. Eligible Contractors will be listed on Procurement’s Litter/Debris Removal Fixed Price List.

1.1 SCHEDULE

Litter/Debris Removal activities may be requested at any time during the calendar year.

2.0 DEFINITIONS

SCDOT

SCDOT refers to the South Carolina Department of Transportation.

Procurement Procurement refers to the SCDOT Procurement Office.

Engineer / Inspector Engineer refers to the respective county SCDOT Resident Maintenance Engineer or authorized representative, including an inspector.

Contractor Contractor refers to the bidder who successfully enters into a contractual agreement with SCDOT to perform the litter/debris removal activities described in these specifications.

Tree Line Tree Line is defined as the edge of the relatively straight line of trees closest to the roadway.

The Tree Line shall only shift where a distance of fifteen (15) feet or greater exists between trees nearest the roadway.

The Engineer shall determine the location of the Tree Line.

Interstate Segment

An Interstate Segment is defined as a continuous section of interstate roadway located between interchanges and/or intersections.

Inclement Weather

As determined by the Engineer, Inclement Weather is defined as any condition occurring during the permitted hours of operation whereby weather or weather-related conditions:

1. Prevent safe performance of the activity (e.g., impaired visibility or slippery conditions);

2. May reasonably result in damage to SCDOT property (e.g., equipment-induced rutting caused by wet or saturated soil conditions); or

3. Prevent satisfactory performance of the work in accordance with these specifications.

The minimum increment of approved Inclement Weather shall be one-half (½) day, defined as a minimum of four (4) hours.

The Engineer shall advise the Contractor of approved Inclement Weather days as they occur.

No litter/debris removal activities or associated activities shall be performed while the Engineer has declared Inclement Weather conditions to be in effect.

Business Day

A Business Day is defined as any weekday (Monday through Friday), excluding State-observed holidays.

Saturday shall not be considered a Business Day.

R/W and/or ROW

The abbreviations R/W and/or ROW refer to the SCDOT right-of-way limits.

District Engineer

District Engineer refers to the District Engineering Administrator or authorized designee within the respective District.

Litter/Debris

Litter/Debris may include, but is not limited to:

• bottles,

• cans,

• paper products,

• tires and tire debris,

• lumber,

• vehicle parts,

• construction materials,

• metals,

• household furnishings,

• cardboard,

• plastics,

• ladders,

• brush,

• and other discarded materials not considered normal to the roadway right-of-way.

3.0 GENERAL PROVISIONS

3.01 Standard Specifications

The Contractor shall adhere to the rules and regulations of the latest edition of the South Carolina Department of Transportation Standard Specifications for Highway Construction (hereinafter referred to as the Standard Specifications).

3.02 Work Quantities / Modifications / Exceptions

3.02.01 Work Quantities

Litter/Debris Removal activities shall be bid, measured, and paid by the CENTERLINE MILE.

Refer to APPENDIX 2: LITTER/DEBRIS REMOVAL ACTIVITIES, UNITS, & MAXIMUM PRICES.

3.02.02 Modified Quantities

Section 104.04 of the Standard Specifications shall apply, except as modified herein. Upon written agreement with the Contractor and execution of a contract amendment by Procurement, SCDOT may modify the quantity of included litter/debris removal activities (i.e., line items) by adding or deleting roads, thereby increasing or decreasing centerline mileage.

No changes to the awarded activities/line items shall be permitted.

3.02.03 Disputed Quantities

The Contractor shall report disputed quantities to the Engineer prior to closure of the applicable Purchase Order.

When the Contractor disputes quantities identified on the Purchase Order, the following process shall apply:

1. The Contractor reports the discrepancy to the Engineer.

2. The Engineer investigates the discrepancy.

3. The Engineer and Contractor attempt to reach an agreement. If no agreement can be reached, the

Engineer shall submit the issue to the respective District Office, which shall serve as the arbitrator for the dispute.

4. The Engineer reports the outcome, if any, to Procurement. If necessary, the Engineer shall request a contract modification.

5. If approved, Procurement shall modify/amend the contract within allowable contracting limits, and the Engineer shall revise the Purchase Order accordingly.

3.02.04 Construction Projects

Litter/Debris Removal activities occurring within the limits of an active construction project shall be performed as directed by the Engineer.

3.03 Pre-Work Procedures

3.03.01 Site Visit

Pre-bid site visits are not mandatory but are strongly recommended.

Each bidder shall fully acquaint himself/herself with all conditions relating to the scope of work and restrictions affecting the execution of work under these specifications.

Failure of the bidder to conduct a site visit prior to bid submittal shall not relieve the bidder of the responsibility to meet all requirements of the solicitation and specifications, nor shall it constitute justification for modification or adjustment of submitted prices.

3.03.02 Prices (Bids)

Maximum Allowable Prices for activities are provided in APPENDIX 2: LITTER/DEBRIS REMOVAL

ACTIVITIES, UNITS, & MAXIMUM PRICES.

3.03.03 Pre-Construction (Pre-Work) Conference

Section 108.2 of the Standard Specifications shall apply.

A pre-construction (pre-work) conference shall be held after issuance of the Purchase Order and prior to the commencement of litter/debris removal activities. The purpose of the conference shall be to review all applicable details related to the work.

During the conference, the Contractor shall provide the Engineer with the name and telephone number of the responsible foreman or superintendent assigned to the work. This individual shall be available within one (1) hour of notification, if needed.

All work performed by the Contractor shall be subject to the supervision, inspection, and acceptance of the Engineer.

3.04 Work Expectations and Limitations

Section 107.16 (Preservation and Restoration of Property, Trees, Monuments, etc.) of the Standard Specifications shall apply.

Section 107.17 (Forest Protection) of the Standard Specifications shall apply.

3.04.01 Activity Cycle Start Date

The Contractor shall begin the requested litter/debris removal activity cycle on the start date approved by the Engineer unless inclement weather conditions exist, as determined by the Engineer.

Work may begin prior to the approved start date only with authorization from the Engineer.

3.04.02 Weekly Schedule

Prior to commencing litter/debris removal activities each week, the Contractor shall furnish the Engineer with a written one-week activity schedule.

The schedule shall identify the locations where litter/debris removal activities are anticipated to occur during the respective week.

No work shall commence until the required weekly schedule has been submitted to the Engineer.

3.04.03 Activity by SCDOT Forces

SCDOT reserves the right to perform any activity within its rights-of-way at any time during the life of the contract using Department forces or other contracted resources.

3.04.04 Hours and Days

All activities, including travel to and from the work site, shall be confined to the hours between sunrise and sunset.

No work shall be performed on Sundays or State-observed holidays.

Work performed in metropolitan areas (e.g., Greenville, Spartanburg, Rock Hill, Columbia, and Charleston) may be restricted to specific days and/or hours at the discretion of the Engineer to minimize disruption to the traveling public.

Work is permitted on Saturdays; however, Saturdays shall not be considered business days. All work performed on Saturdays shall remain subject to the requirements of these specifications.

3.04.05 Worker Attire

Refer also to SECTION 7.04 – Work Zone Traffic Control – Worker Requirements of these specifications.

At a minimum, workers shall wear shirts or blouses with factory-hemmed sleeves and long pants or trousers worn as intended.

Tank tops, cutoff shirts, sleeveless shirts, and shorts are prohibited.

3.04.06 Work Progression and Completion

Section 108.03 of the Standard Specifications shall apply.

Work shall be performed diligently and continuously with sufficient personnel, supervision, and equipment to ensure litter/debris removal activities are completed within the timeframes established in Section 1.1 Schedule.

Work shall not be suspended without approval of the Engineer except in cases of inclement weather, emergency conditions, safety concerns, or equipment failure.

3.05 Negligent Operation – Damage to SCDOT Property

The Contractor shall perform all work with due care and diligence to prevent damage to SCDOT property.

Negligent operation by the Contractor resulting in damage to SCDOT property shall result in:

• issuance of a Non-Compliance Notice,

• assessment of the applicable non-refundable deduction per offense, and

• recovery of the actual costs incurred by SCDOT to repair the damage.

The Engineer shall verbally notify the Contractor within two (2) business days of discovery of damage to SCDOT property.

Within two (2) business days following verbal notification, the Engineer shall provide written notification to the Contractor describing the damage sustained and the assessed non-refundable deduction using the NON-

COMPLIANCE NOTICE (APPENDIX 3).

If the Contractor performs work on roads,…