Amendment #1.docx

State of South Carolina

Invitation for Bid Amendment #1 Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400030298 11/2/2026 Andy Bowman, CPPB 803-734-3933 BowmanA@dnr.sc.gov SC Department of Natural Resources Attn: Procurement Services 260D Epting Lane West Columbia SC 29172

DESCRIPTION : Annual Inspection & Preventative Maint on Chillers

USING GOVERNMENTAL UNIT: SC Department of Natural Resources Admin

The Term "Offer" Means Your "Bid" or "Proposal". Your offer must be submitted in a sealed package. Solicitation Number & Opening Date must appear on package exterior. See "Submitting Your Paper Offer or Modification" provision.

SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:

MAILING ADDRESS:

SC Department of Natural Resources Attn: Procurement Services 260D Epting Lane West Columbia SC 29172

PHYSICAL ADDRESS:

SC Department of Natural Resources Attn: Procurement Services 260D Epting Lane West Columbia SC 29172

SUBMIT OFFER BY (Opening Date/Time): 11/10/2026 10:00 am e.s.t. (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 10/30/2026 2:00 PM E.S.T. (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: **** Please submit online thru the Sceis portal, FEDX, UPS, or USPS to the physical address, or drop off in person at the physical address. No emails or faxed responses will be accepted.

CONFERENCE TYPE:

N/A

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

LOCATION:

N/A

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

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.

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)

SQUESTIONS FROM OFFERORS - AMENDMENT (JUN 2017)

THE SOLICITATION IS AMENDED AS PROVIDED HEREIN. INFORMATION OR CHANGES RESULTING FROM QUESTIONS WILL BE SHOWN IN A QUESTION-AND-ANSWER FORMAT. ALL QUESTIONS RECEIVED HAVE BEEN REPRINTED BELOW. THE “STATE’S RESPONSE” SHOULD BE READ WITHOUT REFERENCE TO THE QUESTIONS. THE QUESTIONS ARE INCLUDED SOLELY TO PROVIDE A CROSS-REFERENCE TO THE POTENTIAL OFFEROR THAT SUBMITTED THE QUESTION. QUESTIONS DO NOT FORM A PART OF THE CONTRACT; THE “STATE’S RESPONSE” DOES. ANY RESTATEMENT OF PART OR ALL OF AN EXISTING PROVISION OF THE SOLICITATION IN AN ANSWER DOES NOT MODIFY THE ORIGINAL PROVISION EXCEPT AS FOLLOWS: UNDERLINED TEXT IS ADDED TO THE ORIGINAL PROVISON. STRICKEN TEXT IS DELETED. [02-2A097-1] THE SOLICITATION IS AMENDED AS PROVIDED HEREIN. INFORMATION OR CHANGES RESULTING FROM QUESTIONS WILL BE SHOWN IN A QUESTION-AND-ANSWER FORMAT. ALL QUESTIONS RECEIVED HAVE BEEN REPRINTED BELOW. THE “STATE’S RESPONSE” SHOULD BE READ WITHOUT REFERENCE TO THE QUESTIONS. THE QUESTIONS ARE INCLUDED SOLELY TO PROVIDE A CROSS-REFERENCE TO THE POTENTIAL OFFEROR THAT SUBMITTED THE QUESTION. QUESTIONS DO NOT FORM A PART OF THE CONTRACT; THE “STATE’S RESPONSE” DOES. ANY RESTATEMENT OF PART OR ALL OF AN EXISTING PROVISION OF THE SOLICITATION IN AN ANSWER DOES NOT MODIFY THE ORIGINAL PROVISION

Vendor Questions and Answers:

1. *****Bids cannot be submitted in the SRM (old system) please mail, UPS, FEDX hand Carry or submit in the new SCPRO portal before 11/10/2026 10 am***

2. I would like to confirm the time frame for this contract. We referenced this contract as a 5 year commitment but the solicitation implies it is for one year with an optional renewal extending over a five-year span. There is also a line item that stipulates that changes to the contract need to be approved. Are you requesting a pre escalated price for five years so that the renewal period has no additional adjustments or are you anticipating renewals with annual increases if and when applicable?

Answer: This contract shall be for 1 year , with automatic annual renewals unless SCDNR or the awarded vendor request cancellation of the contract. If there are any price increases, they need to be submitted to Procurement 90 days prior to the next annual renewal. If they are approved, they will be in effect for the next renewal year of the contract.

3. The solicitation indicates that invoices must be submitted within five days of the work being performed. Could you clarify whether this is a strict deadline or if there is some flexibility? For example, if an invoice were submitted seven days after the work was completed, would that affect payment eligibility, or would it still be processed as usual?

Answer: This is the deadline requested so we can get the invoices processed and paid in a timely manner.

3. The third-party defense and indemnity clause has no stated aggregate contractual cap. Is a written finite allocation permitted, and what formal amendment or exception procedure applies? Please identify any current amendment. This is a nonbinding clarification, not an offer, acceptance of terms, appointment, or authorization of work or expense.

Answer: We are statutorily prohibited from indemnifying. Statutory citation and explanation below. If he or she wishes to include a proposed provision providing a cap to exposure that is not in the form of indemnification, we will be glad to review.

South Carolina Code Section 11-35-2050 specifically states that:

Any term or condition in any contract entered into by the State that requires the State to defend, indemnify, or hold harmless another person, must be void ab initio, unless such term is expressly authorized by law. All contracts must be governed by South Carolina law. Without limiting the applicability of Section 11-35-4230, the exclusive venue for any dispute arising out of or related to any contract is in South Carolina. Any contract containing any terms or conditions inconsistent with any of the foregoing are otherwise enforceable as if it did not contain such term or condition.

Additionally, for decades prior to the enactment of SC Code Section 11-35-2050, the South Carolina attorneys general have consistently opined that state agencies have no authority to enter into indemnity or "hold harmless" agreements. The legislative intent behind Section 11-35-2050 and the attorneys' general intent behind their prior opinions prohibiting indemnification is two-fold:

(1) Pursuant to South Carolina Code Section 11-9-220, a South Carolina state agency is prohibited from making contracts or drawing appropriations to contract indebtedness in excess of the amount provided in the annual appropriation act. In other words, the amount of liability cannot be known at the time of drafting the contract, and the liability in question may not arise until after the close of the fiscal year when the contract is made, so an indemnity clause would be a direct violation of Section 11-9-220.

(2) Pursuant to the South Carolina Constitution, Article X, Section 10, and Article XVII, Section 2, the sovereign immunity of the state may only be waived by the state legislature through legislative action. The legislature did just that through the South Carolina Tort Claims Act, South Carolina Code Sections 15-78-10 et seq., which provides for the state to be covered by insurance through the Insurance Reserve Fund to cover liability risks to the State created by the Tort Claims Act. Accordingly, through the SCTCA, the state has partially waived its immunity from liability in tort so as to allow suits against it for limited monetary damages only in certain circumstances, and an indemnity clause would place the state agency in the potential position of assuming liability not covered by the state's liability insurance and not covered by the SCTCA.

A final note-- an indemnification provision can exist even absent the specific language "indemnification". Any contractual language that requires the state agency to cover, absorb, or defend against liabilities, damages, legal costs, or losses incurred by the counterparty is considered an indemnification provision—regardless of whether the terms 'indemnify,' 'hold harmless,' or 'reimburse' are explicitly used.

All other terms and conditions remain unchanged