Amendment 1.pdf

SAP

State of South Carolina

Request for Proposal

AMENDMENT 1

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400026423 03/11/2024

JON BAYSDEN

803-737-4832 BaysdenJW@scdot.org SCDOT Procurement Office PO Box 191 Columbia SC 29202-0191

DESCRIPTION: AED Quality Management Program

USING GOVERNMENTAL UNIT: SC Department of Transportation

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

SUBMIT OFFER BY (Opening Date/Time): 04/04/2024 @ 14:30:00 (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 03/07/2024 @ 12:00:00 EXPIRED (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: 1

CONFERENCE TYPE: Pre-Proposal

DATE & TIME: 02/29/2024 @ 2:00:00 PM EXPIRED

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

LOCATION: SCDOT, 955 Park St, Room

211, Columbia, SC 29201 or MSTEAMS

Link. Email BaysdenJW@scdot.org if link needed.

AWARD &

AMENDMENTS

Award will be posted on 05/03/2024. 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/ mailto:BaysdenJW@scdot.org http://www.procurement.sc.gov/

QUESTIONS 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]

QUESTIONS AND ANSWERS ARE BELOW. THE SCDOT’S ANSWER APPEARS IN RED.

1. Our reading is that the Contractor is to provide a Medical Director and medical direction services through the life of the program. Please confirm.

The contractor shall work with a Heath Care Professional (licensed physician, surgeon, physician’s assistant, nurse practitioner or nurse) as required by SC State Law (See Attachment A).

2. Is it a requirement for the Medical Director to be licensed in the State of South Carolina?

No. See answer to question 1.

3. Our understanding is that you are seeking Train-the-Trainer sessions for CPR, AED, and Adult First Aid. How many train the trainer sessions per year do you request? How many class participants do you project by year?

SCDOT is only seeking one-time initial training with the purchase or lease of the AED. We anticipate 4-6 participants per AED.

4. Our assumption is that American Heart Association OR American Red Cross training certification training is acceptable. Please confirm.

American Red Cross

5. Would you consider adding the delivery of statewide AED/CPR/First Aid Certification training to the effort? We believe our training program would be a cost effective alternative.

No

6. Will the Government install battery and pad replacements, or do you look for the contractor to perform this task?

Replacements (battery & pads) SCDOT would install.

7. How many external and how many internal AED cabinets are required?

See updated bidding schedule on Page 7 of this Amendment

8. We believe that charge stands are not required as most AEDs on the market come with batteries that offer 4- or 5-year battery life. Please confirm.

Updated Tendering Text For Line Items 3, 4, and 10 to say: “If Required”

9. Our assumption is that AEDs will be checked monthly, and that WIFI-enabled AED checks are an acceptable alternative to onsite checks. Please confirm.

Yes

10. Our assumption is that configuration and setup of WIFI connectivity for the AEDs is the responsibility of the contractor. Please confirm.

11. Our assumption is that installation of the cabinets is the responsibility of the state, but that identifying the placement location of AED cabinets is the responsibility of the contractor. Please confirm.

12. Our assumption is that general AED Quality Program Management Design should be provided under

Line Item 5. Please confirm that cost savings realized because this work is conducted in Year 1 via reduced costs for AED Quality Management Program in Contract Years 2-through-5 (Line Items 6-through-9) will be considered in your cost evaluation.

The evaluation panel may take this into consideration during the evaluation phase.

13. In the following question you are seeking experience and ability to manage the program over the performance period. Are you taking company’s financial reports, financial position, and company history into consideration to evaluate the below criteria on bid tabulation?

Qualifications statement regarding experience with:

a. Provide a brief history and description of your company and organization. Elaborate on the expertise of your organization and the current staff that will perform the desired services, and outline any recent, similar work within the last five (5) years.

b. Provide reference contacts information from up to two (2) customers who have had similar work performed by your company with the last five (5) years.

2. Project Approach: The successful offeror shall provide services to manage the project successfully over the performance period. Offeror(s) shall provide a comprehensive methodology to enable them to accomplish the objectives of the project. At a minimum, the Project Management Approach shall include:

a. Provide the approach to a successful launch to meet SCDOT’s expectations to an AED Quality Management Program (Task 2).

b. A plan to hold a kickoff meeting at SCDOT headquarters within 15 business days after an award with the SCDOT Director of Safety & Health.

No, the financial position, financial reports, and company history that is asked for in QUALIFICATIONS- REQUIRED INFORMATION (MAR 2015) is for responsibility.

14. Page 28-Contractor’s Liability Insurance Paragraph 3c, 3d and 3g. Would you consider the following modification (One is removal and other are additions.)?

(c) Every applicable Using Governmental Unit, and the officers, officials, employees and volunteers of any of them, must be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used.

(d) For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance as respects the State, every applicable Using Governmental Unit, and the officers, officials, employees and volunteers of any of them but only with respect to Contractor’s indemnity obligations. Any insurance or self-insurance maintained by the State, every applicable Using Governmental Unit, or the officers, officials, employees and volunteers of any of them, shall be excess of the Contractor's insurance and shall not contribute with it.

(g) Contractor hereby grants to the State and every applicable Using Governmental Unit a waiver of any right to subrogation which any insurer of said Contractor may acquire against the State or applicable Using Governmental

Unit by virtue of the payment of any loss under such insurance but only with respect to Contractor’s indemnity obligations. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the State or Using Governmental Unit has received a waiver of subrogation endorsement from the insurer.

15. Page 30 – Per the South Carolina Procurement Compendium, this paragraph is optional, would you consider removing this paragraph from the solicitation?

INDEMNIFICATION-THIRD PARTY CLAIMS - GENERAL (NOV 2011)

Notwithstanding any limitation in this agreement, and to the fullest extent permitted by law, Contractor shall defend and hold harmless Indemnitees for and against any and all suits or claims of any character (and all related damages, settlement payments, attorneys' fees, costs, expenses, losses or liabilities) by a third party which are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property arising out of or in connection with the goods or services acquired hereunder or caused in whole or in part by any act or omission of contractor, its subcontractors, their employees, workmen, servants, agents, or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by an Indemnitee, and whether or not such claims are made by a third party or an Indemnitee;

however, if an Indemnitee's negligent act or omission is subsequently determined to be the sole proximate cause of a suit or claim, the Indemnitee shall not be entitled to indemnification hereunder. Contractor shall be given timely written notice of any suit or claim. Contractor's obligations hereunder are in no way limited by any protection afforded under workers' compensation acts, disability benefits acts, or other employee benefit acts.

This clause shall not negate, abridge, or reduce any other rights or obligations of indemnity which would otherwise exist. The obligations of this paragraph shall survive termination, cancelation, or expiration of the parties' agreement. This provision shall be construed fairly and reasonably, neither strongly for nor against either party, and without regard to any clause regarding insurance. As used in this clause, "Indemnitees" means the

State of South Carolina, its instrumentalities, agencies, departments, boards, political subdivisions and all their respective officers, agents and employees. [07-7B100-2]

Not at this time. The state may negotiate with highest ranked offeror.

16. Page 30 – INDEMNIFICATION-THIRD PARTY CLAIMS - GENERAL (NOV 2011)

If you are not interested/unable to remove the above paragraph, would you consider the following modification?

INDEMNIFICATION-THIRD PARTY CLAIMS - GENERAL (NOV 2011)

Notwithstanding any limitation in this agreement, and to the fullest extent permitted by law, Contractor shall defend and hold harmless Indemnitees for and against any and all suits or claims of any character (and all related damages, settlement payments, attorneys' fees, costs, expenses, losses or liabilities) by a third party which are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property arising out of or in connection with the goods or services acquired hereunder to the extent or caused in whole or in part by any negligent act or omission of contractor, its subcontractors, their employees, workmen, servants, agents, or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable. , regardless of whether or not caused in part by an Indemnitee, and whether or not such claims are made by a third party or an Indemnitee; however, if an Indemnitee's negligent act or omission is subsequently determined to be the sole proximate cause of a suit or claim, The Indemnitee shall not be entitled to indemnification hereunder to the extent

Indemnitee’s negligence contributed to any loss contemplated by this clause. Contractor shall be given timely written notice of any suit or claim. Contractor's obligations hereunder are in no way limited by any protection afforded under workers' compensation acts, disability benefits acts, or other employee benefit acts. This clause shall not negate, abridge, or reduce any other rights or obligations of indemnity which would otherwise exist. The obligations of this paragraph shall survive termination, cancelation, or expiration of the parties' agreement. This provision shall be construed fairly and reasonably, neither strongly for nor against either party, and without regard to any clause regarding insurance. As used in this clause, "Indemnitees" means the State of South Carolina, its instrumentalities, agencies, departments, boards, political subdivisions and all their respective officers, agents and employees. [07-7B100-2]

17. Page 31 Pricing Data- Audit-Inspection (JAN 2006)- Would you consider removing this paragraph as it would be Non-Applicable for this contract?

PRICING DATA -- AUDIT -- INSPECTION (JAN 2006)

[Clause Included Pursuant to Section 11-35-1830, - 2210, & -2220] (a) Cost or Pricing Data. Upon Procurement

Officer's request, you shall submit cost or pricing data, as defined by 48 C.F.R. Section 2.101 (2004), prior to either (1) any award to contractor pursuant to 11-35-1530 or 11-35-1560, if the total contract price exceeds

$500,000, or (2) execution of a change order or contract modification with contractor which exceeds $100,000.

Your price, including profit or fee, shall be adjusted to exclude any significant sums by which the state finds that such price was increased because you furnished cost or pricing data that was inaccurate, incomplete, or not current as of the date agreed upon between parties. (b) Records Retention. You shall maintain your records for three years from the date of final payment, or longer if requested by the chief Procurement Officer. The state may audit your records at reasonable times and places. As used in this subparagraph (b), the term "records" means any books or records that relate to cost or pricing data submitted pursuant to this clause. In addition to the obligation stated in this subparagraph (b), you shall retain all records and allow any audits provided for by 11-35-2220(2). (c)

Inspection. At reasonable times, the state may inspect any part of your place of business which is related to performance of the work. (d) Instructions Certification. When you submit data pursuant to subparagraph (a), you shall (1) do so in accordance with the instructions appearing in Table 15-2 of 48 C.F.R. Section 15.408 (2004)

(adapted as necessary for the state context), and (2) submit a Certificate of Current Cost or Pricing Data, as prescribed by 48 CFR Section 15.406-2(a) (adapted as necessary for the state context). (e) Subcontracts. You shall include the above text of this clause in all of your subcontracts. (f) Nothing in this clause limits any other rights of the state. [07-7B185-1]

18. Would you consider adding the below Contractor’s Language?

AED Indemnity – Risk of Loss: CUSTOMER AGREES TO ASSUME ALL RISK OF LOSS IN CONNECTION WITH THE

USE OF THE AED UNITS (“UNITS”) AND TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO

INDEMNIFY, DEFEND AND HOLD HARMLESS CONTRACTOR, ITS SUBSIDIARIES AND AFFILIATES AND THEIR

DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “CONTRACTOR

PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, EXPENSES (INCLUDING REASONABLE

ATTORNEYS FEES), LOSSES, DAMAGES, DEMANDS, FINES AND CAUSES OF ACTION CAUSED BY, ARISING OUT OF

OR RELATED TO THE USE OF THE UNITS, THE FAILURE OF THE UNITS TO FUNCTION PROPERLY, THE FAILURE OF

ANY PERSON TO PROPERLY USE ANY UNIT, THE LOCATION OF ANY UNIT, ANY ALLEGATION THAT THE NUMBER

OF UNITS ORDERED HEREUNDER IS INSUFFICIENT, OR THE ACTUAL OR ALLEGED ACTS OR OMISSIONS OF

CCONTRACTOR, WHETHER OR NOT THOSE ACTS OR OMISSIONS ARE JOINT OR CONCURRENT WITH ANY OTHER

PARTY; PROVIDED, HOWEVER, THAT CUSTOMER’S OBLIGATIONS HEREUNDER SHALL NOT APPLY TO ANY CLAIM, LIABILITY, EXPENSE, LOSS, DAMAGE, DEMAND, FINE OR CAUSE OF ACTION ESTABLISHED TO BE THE RESULT OF

THE SOLE NEGLIGENCE OF CONTRACTOR. THE CUSTOMER’S DEFENSE, HOLD HARMLESS AND

INDEMNIFICATION OBLIGATIONS SHALL ALSO EXTEND TO INJURIES OR DEATH SUSTAINED BY CUSTOMER’S

EMPLOYEES AND SHALL NOT BE LIMITED BY ANY APPLICABLE WORKERS’ COMPENSATION LAW AND CUSTOMER

EXPRESSLY WAIVES ANY STATUTORY OR CONSTITUTIONAL WORKERS’ COMPENSATION IMMUNITY UNDER

APPLICABLE LAW WHICH WOULD OTHERWISE LIMIT ITS INDEMNIFICATION OBLIGATIONS HEREUNDER. Without limiting the enforceability of any other provision of this Agreement after termination or expiration, the parties specifically agree that the provisions of the foregoing paragraph will survive, and continue to be binding on the parties, after any expiration or termination of the Agreement.

Limitation of Liability: Customer acknowledges that Contractor’s service fees/purchase prices are based on the value of services or goods provided and the limited liability provided under this Agreement and not on the value of the Customer’s premises or its contents, or the likelihood or potential extent or severity of injury (including death) to Customer or others. Customer further acknowledges and agrees that Contractor cannot predict the potential amount, extent, or severity of any damages or injuries that Customer or others may incur due to the failure of the goods or services to work as intended. IF CONTRACTOR OR ITS REPRESENTATIVES ARE HELD LIABLE FOR ANY REASON FOR ANY LOSS, INJURY, OR DAMAGES OF ANY KIND THAT ARISES OUT OF, RESULTS FROM, OR IS RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOSSES, INJURIES OR DAMAGES RESULTING FROM CONTRACTOR’S SOLE OR PARTIAL NEGLIGENCE, WHETHER ACTIVE OR PASSIVE), CUSTOMER AGREES AND WARRANTS THAT CONTRACTOR’S AND ITS REPRESENTATIVE’S COLLECTIVE LIABILITY TO

CUSTOMER, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, INVITEES, AND ANY THIRD PARTY SHALL BE LIMITED EXCLUSIVELY TO $1,000. If Customer wishes to increase the limitation of liability, Contractor and Customer may negotiate a supplemental written agreement to increase the limit of Contractor’s liability, but no such agreed upon increase to the limit of Contractor’s liability shall be interpreted to find Contractor or its subcontractors or representatives to be insurers. CUSTOMER AGREES THAT THE LIMITS ON THE LIABILITY OF CONTRACTOR AND THE WAIVERS AND INDEMNITIES SET FORTH IN THIS AGREEMENT ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES BETWEEN CONTRACTOR, CUSTOMER, AND ANY OTHER AFFECTED PARTIES.

CUSTOMER ACKNOWLEDGES AND AGREES THAT WERE CONTRACTOR TO HAVE LIABILITY GREATER THAN THAT STATED ABOVE, IT WOULD NOT PROVIDE THE GOODS OR SERVICES. Neither party shall be liable to the other or any other person for any incidental, punitive, speculative, or consequential damages of any type, including, but not limited to, loss of profits or business opportunity. Without limiting the enforceability of any other provision of this Agreement after termination or expiration, the parties specifically agree that the provisions of the foregoing paragraph will survive, and continue to be binding on the parties, after any expiration or termination of the Agreement.

DISCLAIMER OF WARRANTIES AND REPRESENTATIONS: CUSTOMER ACKNOWLEDGES THAT ALL AED DEVICES RELATED TO THIS AGREEMENT WILL BE SUBJECT TO THE WARRANTY PROVIDED BY THE MANUFACTURER OF THE AED DEVICE AND NOT CONTRACTOR. CUSTOMER ACKNOWLEDGES THAT CONTRACTOR MAKES NO WARRANTY, REPRESENTATION, COVENANT OR GUARANTEE, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GOODS AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO MODIFICATION, WAIVER, OR AMENDMENT OF THIS DISCLAIMER SHALL BE DEEMED EFFECTIVE UNLESS MADE IN A WRITING DRAFTED BY CONTRACTOR FOR THIS EXPRESS PURPOSE THAT IS (I) SIGNED BY CONTRACTOR, (II) EXPLICITLY USES THE TERM “WARRANTY” IN ITS TITLE, (III) SPECIFICALLY REFERENCES THIS AGREEMENT; AND (IV) EXPLICITLY AND UNAMBIGUOUSLY DESCRIBES WHAT ADDITIONAL WARRANTY(IES) ARE BEING OFFERED TO CUSTOMER PURSUANT TO THIS AGREEMENT. CUSTOMER FURTHER AGREES THAT THIS EXPLICTLY EXCLUDES ANY OF CONTRACTOR’S SALES MATERIALS, CIRCULARS, WEBSITES, OR OTHER ADVERTISING MATERIALS OF ANY TYPE FROM CREATING ANY WARRANTIES UNDER THIS AGREEMENT, AND CUSTOMER REPRESENTS AND WARRANTS THAT IT IS NOT RELYING UPON ANY SUCH MATERIALS FOR THIS PURPOSE. Without limiting the enforceability of any other provision of this Agreement after termination or expiration, the parties specifically agree that the provisions of the foregoing paragraph will survive, and continue to be binding on the parties, after any expiration or termination of the Agreement.

RELEASE AND INDEMNIFICATION OF CONTRACTOR BY CUSTOMER: CUSTOMER RELEASES AND AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CONTRACTOR AND ANY/ALL OF ITS SUBCONTRACTORS, AGENTS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF ANY TYPE FROM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR TYPE, UNDER ANY LEGAL, EQUITABLE OR OTHER THEORY, THAT MAY OCCUR PRIOR TO, CONTEMPORANEOUSLY WITH, OR AFTER ACCEPTANCE OF THE EXECUTION OF THIS AGREEMENT RELATED IN ANY WAY TO THE SUBJECT MATTER OF THIS AGREEMENT OR PERFORMANCE UNDER THE AGREEMENT, INCLUDING (BUT NOT LIMITED TO) THE IMPROPER OPERATION OR NON-OPERATION OF THE AED DEVICE(S). THIS OBLIGATION INCLUDES (BUT IS NOT LIMITED TO) ANY CLAIM, DEMAND, SUIT, LIABILITY, DAMAGE, JUDGMENT, LOSS, EXPENSES, ATTORNEYS’ FEES, AND COSTS, THAT MAY BE ASSERTED AGAINST OR INCURRED BY CONTRACTOR OR ITS SUBCONTRACTORS, AGENTS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES BY CUSTOMER OR ANY PERSON OR ENTITY NOT A PARTY TO THE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S INSURANCE COMPANY, ADMINISTRATIVE BODY OR AUTHORITY, OR CUSTOMER’S EMPLOYEES) FOR ANY EXPENSE, LOSS, OR DAMAGE CAUSED BY OR CONTRIBUTED TO IN ANY WAY, OR ALLEGED TO BE CAUSED BY OR CONTRIBUTED TO IN ANY WAY, BY ANY ACT, OMISSION, OR FAULT OF CONTRACTOR OR ITS SUBCONTRACTORS, AGENTS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES . THIS OBLIGATION EXTENDS TO, WITHOUT LIMITATION, STATUTORY CIVIL DAMAGES, ECONOMIC DAMAGES, PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE (REAL AND PERSONAL) ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING (BUT NOT LIMITED TO) ANY CLAIMS BASED UPON BREACH OF THE AGREEMENT, STRICT LIABILITY, REQUESTS FOR OR RIGHTS OF SUBROGATION OR CONTRIBUTION, INDEMNIFICATION, WRONGFUL DEATH, AND NEGLIGENCE (WHETHER ACTIVE OR PASSIVE, AND INCLUDING CLAIMS BASED UPON CONTRACTOR’S SOLE, PARTIAL, OR JOINT AND SEVERAL NEGLIGENCE OF ANY TYPE OR DEGREE), AND ANY OTHER CLAIM, WHETHER BASED UPON OR ARISING UNDER CONTRACT, TORT, LAW, OR EQUITY. CUSTOMER FURTHER RELEASES AND WAIVES ANY RIGHT OF SUBROGATION THAT IT, ANY INSURER, OR ANY OTHER THIRD PARTY MAY HAVE DUE TO OR FOR ANY SUCH CLAIM, LOSS, OR DAMAGE. Contractor reserves the right to select counsel to represent it in any such action. Without limiting the enforceability of any other provision of this Agreement after termination or expiration, the parties specifically agree that the provisions of the foregoing paragraph will survive, and continue to be binding on the parties, after any expiration or termination of the Agreement.

19. Pages 16 and 34 Task Descriptions and Bidding Schedule: If you are seeking a wall cabinet with Charge Stand with USB Charging cable, are you only interested in the Avive units?

20. Pages 16 and 34 Task Descriptions and Bidding Schedule: Are you interested in AED units from a reputable supplier that requires batteries, so long as the quoted price includes batteries to last 5 years+?

Yes. See updated Bidding Schedule and Scope of Work.

AMENDMENTS TO SOLICITATION (JAN 2004)

(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. [02-2A005-1]

The Bidding Schedule originally published is replaced in its entirety with the one below.

VIII. BIDDING SCHEDULE / PRICE-BUSINESS PROPOSAL

PRICE PROPOSAL (JAN 2006)

Notwithstanding any other instructions herein, you shall submit the following price information as a separate document:

[08-8015-1]

Submit electronically

Line Number Quantity Unit of Measure Unit Price Extended Price

0001 188.000 each

Product Catg.: 34532 - First Aid Cabinets Kits and Refills

Item Description: AEDs Purchase Option

Tendering Text: See Section III Task 1 for details (price to include freight/shipping, initial training and on-site support with installation). Quantity above is estimated.

0002 188.000 each

Item Description: AEDs Lease Option

Tendering Text: See Section III Task 1 for details (price to include freight/shipping, initial training and on-site support with installation). Quantity above is estimated.

0003 3.000 each

Item Description: Wall Cabinet with Charge Stand (If Required)

Tendering Text: Surface Mount Weather Proof Wall Cabinet with Charge Stand (If Required). See Section III Task 1 for details (price to include freight/shipping). Quantity above is estimated.

0004 63.000 each

Item Description: AED Charge Stand (If Required)

Tendering Text: See Section III Task 1 for details (price to include freight/shipping). Quantity above is estimated.

0005 1.000 Years

Item Description: Yr 1 AED Quality Manage Program (Task 2)

Tendering Text: See Section III Task 2 for details.

0006 1.000 Years

Item Description: Yr 2 AED Quality Manage Program (Task 2)

0007 1.000 Years

Item Description: Yr 3 AED Quality Manage Program (Task 2)

0008 1.000 Years

Item Description: Yr 4 AED Quality Manage Program (Task 2)

0009 1.000 Years

Item Description: Yr 5 AED Quality Manage Program (Task 2)

0010 100.000 each

Item Description: Wall Cabinet with Charge Stand (If Required)

Tendering Text: Surface Mount Wall Cabinet with Charge Stand (If Required). See Section III Task 1 for details

(price to include freight/shipping). Quantity above is estimated.

The following changes have been made to Section III. SCOPE OF WORK/SPECIFICATIONS: RED UNDERLINED TEXT

IS ADDED TO THE ORIGINAL PROVISION.

III. SCOPE OF WORK/SPECIFICATIONS

The South Carolina Department of Transportation (SCDOT) is seeking Proposals from qualified vendors to provide

Automated External Defibrillator (AED) for Purchase or Lease and AED Accessories (Task 1) and AED Quality

Management Program (Task 2). The contractor shall provide a proposal for the two (2) Tasks outlined below and as described in accordance to Section IV Information For Offerors To Submit.

a. (Task 1) AED Purchase or Lease and AED Accessories

i. Purchase

a) AED’s (Purchase or Option To Lease)

b) Wall Cabinet

c) AED Charge Stand (If Required)

b. (Task 2) AED Quality Management Program

i. Administration

ii. Personnel Qualifications

iii. Incident Support (24/7)

iv. Maintenance

a) Monitor

b) Repair

v. Records Management and Reports

a) Status

b) Inspection

c) Maintenance

d) Use

Contractor Task Descriptions

a. (Task 1) AED Purchase or Lease and AED Accessories

i. Purchase: (estimated quantities in Section VIII)

a) AEDs: Must be capable of but not limited to:

1. Providing step by step audible instructions for applying the AED to an unconscious person.

2. Fully automatic operation once applied to an unconscious person.

3. Storing data for any emergency use whether only monitoring the person or monitoring of an unconscious person up to and including providing an electrical shock to the person. Need to be able to provide data to responding emergency services personnel and/or medical treatment facility personnel (i.e. hospital).

4. Holding a charge such that it is readily available to monitor an unconscious person’s condition at any time.

5. Initial Training to be included with AED Purchase. SCDOT will take the “Train the Trainer” approach.

6. Contractor to provide on-site support with installation of AED. SCDOT will be responsible for physical installation of AED’s.

7. Wifi capability (US Based Monitoring Required)

8. Optional Lease (see line 0002 in Section VIII)

b) Surface Mount Cabinet/Surface Mount Weather Proof Cabinet with Charge Stand (If Required):

Must be capable of but not limited to:

1. Clear window on the door to show AED while closed

2. One charge stand (If Required)

3. Mounting holes in the back to attach the Wall Cabinet to the wall

4. All the screws, washers, and wall anchors needed for installation

5. Alarmed system to deter theft and notify those in the vicinity of a possible emergency

c) AED Charge Stand (If Required): Must be capable of but not limited to:

1. Charge Stand to include USB charging cable (If Required)

2. All the screws, washers, and wall anchors needed for installation (If Required)

b. (Task 2) AED Quality Management Program: The contractor shall provide a comprehensive plan for deployment and installation support of AEDs in existing and future SCDOT owned and/or operated state facilities.

Quality assurance, improvement, and management must be provided for a Public Access Defibrillation (PAD) program to succeed. The contractor shall work with a Heath Care Professional (licensed physician, surgeon, physician’s assistant, nurse practitioner or nurse) as required by SC State Law (See Attachment A), to ensure proper medical oversight and provision of medical management services for the PAD program. Once the program is developed, the Contractor must manage and maintain the SCDOT PAD program.

i. Administration: The overall SCDOT PAD program must be created and monitored on a daily basis, ensuring that all equipment inspections and checklists are completed, and that all equipment is functional.

The Contractor shall, as necessary, perform minor equipment repairs, and notify the SCDOT Director of

Safety & Health when major repairs and/or replacement of equipment are required. The Contractor must maintain and produce for inspection/verification, as required by the SCDOT Director of Safety & Health, files documenting initial training and completed, certification status and maintenance actions/inspections

(scheduled and completed). The contractor must submit a detailed description of the method(s) to be used in performing all tasks described in this Scope of Services, as part of its response to this RFP.

ii. Personnel Qualifications: The Contractor shall provide personnel who have expertise and experience in the management of a large scale PAD program. Key Personnel (i.e. those designated to provide Incident

Support (described below) and offer AED advice/expertise to SCDOT Safety & Health staff).

iii. Incident Support (24/7): Immediate support response available, in the event of AED use, is required on a 24/7/365 basis. The Contractor must have a qualified representative available, at all times, to receive notification of AED activation (“Activation Notification”), and must provide, Activation Notification, advisory support on follow-up action to be taken, based on the circumstances of such activation. The

Contractor must provide personnel qualified in, and prepared to conduct on-site of AED signal recording and analysis, AED re-assembly, and assessment of proper AED use. Qualified personnel must conduct a post-incident review of all responders involved, data and technique analysis, documentation, and report generation. The Contractor shall further ensure the proper retrieval, re-assembly, and re-installation of the unit used, within eight (8) hours of AED activation. Within 12 hours of AED activation, the

Contractor shall provide the SCDOT Director of Safety & Health a written report documenting the performance and effectiveness of the AED used, and of the CPR/defibrillation technique(s) employed by all parties to the AED activation.

iv. Maintenance: The Contractor shall ensure that all Department AEDs, cabinets, and charging stands are maintained in good working order, in their proper locations, and well-documented. The Contractor shall provide and adhere to documents describing an AED maintenance plan which adheres to the proposed

AED manufacturer guidelines and subject to review, amendment, and approval by the SCDOT Director of Safety & Health and the SC Health Care Professional required by SC State Law (See Attachment A).

a) Monitor. The Contractor shall be responsible for regular monitoring of deployed AEDs, batteries, and associated equipment in the manner and frequency specified by the proposed AED manufacturer.

The Contractor shall document inspections, produce records of the results upon SCDOT Director of

Safety & Health request, and shall notify SCDOT Director of Safety & Health immediately of discovered discrepancies that the Contractor cannot rectify on site.

b) Repair. The Contractor shall perform basic monitoring of battery, leads, and data card changes, etc.

and troubleshooting, and notify SCDOT Director of Safety & Health immediately of all associated supply replacement/major repair requirements.

v. Records Management and Reports: The Contractor shall maintain, update and produce, upon SCDOT

Director of Safety & Health request, records of AED inspection, maintenance, repair, use and initial training. All records related to PAD program administration, maintenance and training must meet any and all recordkeeping guidelines specified by the American Heart Association (AHA) curriculum for

AED training and/or a Heath Care Professional (licensed physician, surgeon, physician’s assistant, nurse practitioner or nurse) as required by SC State Law (See Attachment A)

a) AED status records, showing the location of each AED, its functional status, associated equipment status, and expiration/replacement dates of associated equipment (e.g. pads), AED and cabinet alarm batteries, and next scheduled service date(s).

b) AED inspection records, showing the date of inspection, individual(s) performing the inspection, and the status of deployed AEDs, cabinets, and associated equipment, shall be maintained and copies of such records shall be kept with each deployed AED, in central location as designated by SCDOT

Director of Safety & Health.

c) Records of all AED maintenance, troubleshooting, repair, etc. shall be maintained and records stored as designed by SCDOT Director of Safety & Health.

d) Detailed records of each AED use including required incident reports (described previously, in paragraph iii “Incident Support (24/7) shall be maintained and records stored as designed by SCDOT

Director of Safety & Health.

DELIVERY/PERFORMANCE LOCATION -- SPECIFIED (JAN 2006)

After award, all deliveries shall be made and all services provided to the following address, unless otherwise specified:

SCDOT owned and/or operated state facilities (See Attachment B) [03-3030-1]

DELIVERY DATE -- 30 DAYS ARO (JAN 2006)

Unless otherwise specified herein, all items shall be delivered no later than thirty days after contractor's receipt of the purchase order. If the using governmental unit requests delivery sooner than the time specified, contractor may invoice the ordering entity any additional shipping charges approved by the ordering entity on the purchase order. [03-3037-1]