Amendment 1.pdf

SAP

State of South Carolina

Invitation for Bids

Amendment #1

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400022786 2/15/2022 Charles Johnson 803-898-0281 charles.johnson2@scdmh.org SC Dept. of Mental Health SCDMH Procurement Office PO Box 485 Columbia SC 29202

DESCRIPTION: BeyondTrust Software Licenses, AAppliances, Implementation Package, eLearning Courses, and , Maintenance

USING GOVERNMENTAL UNIT: DMH Administration

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov

IF SUBMITTING PAPER OFFER, SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:

MAILING ADDRESS:

SC Dept. of Mental Health

SCDMH Procurement Office

PO Box 485 Columbia SC 29202

PHYSICAL ADDRESS:

SC Dept. of Mental Health

SCDMH Procurement Office

2414 Bull Street, Room 201 Columbia SC 29201

SUBMIT OFFER BY (Opening Date/Time): 2/25/2022 at 3:00 PM (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 2/4/2022 at 12:00 PM (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: One (1) Original paper copy and one (1) hard copy marked "copy,".

CONFERENCE TYPE: Not Applicable

DATE & TIME:

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

LOCATION: Not Applicable

AWARD &

AMENDMENTS

Award will be posted on 3/1//2022 . 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 sixty (60) 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)

P

SAP

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

AMENDMENTS TO SOLICITATION (JAN 2004)

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. [02-2A005-1]

The Deadline for Receipt of Bids has been changed to February 25, 2022 at 3:00 PM.

The following are Vendor Questions regarding the solicitation:

Question 1:

VII .Terms and Conditions A. General

Contract Documents and Order of Precedence:

Contractor can agree to this provision with regards to its own terms and conditions, but not on behalf of any

EULA terms the OEM may have. Is this provision exclusive to Contractor documents and not EULA terms?

Answer: Yes.

Question 2:

VII. Terms and Conditions B. Special

Contract Documents & Order of Precedence-Software Licensing- Single Agency

As a reseller we cannot agree that EULA terms will not apply. Is the State’s intent to negotiate its on EULA terms with Beyond Trust directly?

Answer: Yes.

Question 3:

Indemnification- Intellectual Property:

As a reseller, the goods, software and services being resold are proprietary to the manufacturer responsible for them. Those manufacturers would agree to IP indemnity in their direct contract with the State. Can we change the language of this clause to reflect that the reseller would indemnify an infringement claim if it is our IP – use of Contactor’s system to place orders, etc?

ANSWER: The Indemnification-Intellectual Property clause has been removed/deleted from the solicitation.

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

THE FOLLOWING NEW CLAUSE HAS BEEN ADDED TO THE

SOLICITATION:

Contractor will assure that its employees, prior to entering SCDMH Facility, are fully vaccinated for

COVID-19 and will maintain documentation of same.

END OF AMENDMENT 1 TO THE SOLICITATION