Amendment 1.pdf

SAP

State of South Carolina

Invitation For Bid

Solicitation:

Date Issued:

Procurement Officer:

E-Mail Address:

Mailing Address:

5400026122 11/14/2023

TRAVIS SHEALY

shealytv@dhec.sc.gov

SC DHEC

Attn: Procurement Services Division 301 Gervais Street, 4th Floor Columbia SC 29201-3073

DESCRIPTION: Web-Based People Search Engine

USING GOVERNMENTAL UNIT: SC Dept of Health & Environmental Control

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

SUBMIT OFFER BY (Opening Date/Time): 12/07/2023 2:30 PM EST (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: DEADLINE HAS PASSED (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: 1

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 12/14/2023 . 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 thirty (30) 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/ file:///C:/Users/gilliab/Downloads/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 (%)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors selling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A summary of the new preferences is available at www.procurement.sc.gov/preferences . ALL THE PREFERENCES

MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY

ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE

CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU

REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE

PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE SERIOUS

CONSEQUENCES. [11-35-1524(E)(4)&(6)]

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor

Preference (11-35-1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you are claiming the Resident Subcontractor Preference (11-35-1524(D)).

____In-State Office Address same as Home Office Address ____In-State Office Address same as Notice Address (check only one)

PAGE TWO (SEP 2009) End of PAGE TWO file:///C:/Users/gilliab/Downloads/www.procurement.sc.gov/preferences

OFFERORS ENCOUNTERING REGISTRATION OR BIDDING PROBLEMS SHOULD CONTACT:

DSIT Help Desk (803) 896-0001 Select Option 1 then Option 2

Monday – Friday 8:00 AM – 4:30 PM

Offeror instructions can be found at:

https://www.procurement.sc.gov/doing-biz/submitting-offers

NOTICE

• To submit bids vendors should use either Google Chrome or Microsoft Edge, which are compatible with SAP. Other browsers may not function properly and may prohibit bid submissions.

• Only offers with a status of “submitted” will be accepted by the State. (See Online Bidding Instructions clause in Section

II.B.)

• Bidders are encouraged to review the 'Simulation for Bid Creation' before trying to submit their response.

• Electronic bid submission (SRM Login) – https://vendorportal.sc.gov/irj/portal

• Submitting Confidential Data - https://www.procurement.sc.gov/legal/general-info

NUMBER OF COPIES – HARD COPY SUBMISSION

If submitting a hard copy in lieu of an online bid, the Offeror must submit the following:

1. One (1) original (hard copy) marked “ORIGINAL”

2. One (1) redacted hard copy (marked “Redacted”), if applicable. (See Section IV – “Submitting Redacted Offers”.)

For hard copies that are hand-delivered, the entirety of the submittal must be received by no later than the date and time specified on the cover page of the solicitation at the following address (which also serves as the site for all public bid openings):

South Carolina Department of Health and Environmental Control

Division of Procurement Services – Travis V. Shealy

Solicitation #: 5400026122

301 Gervais Street – Columbia Mills Building – 4th Floor

Columbia, SC 29201

See Section II.A. – Public Opening Information – DHEC Clause

Hard copies -- Mailing Address

SCDHEC – Division of Procurement Services – Travis V. Shealy

Solicitation #: 5400026122

2600 Bull Street

Columbia, SC 29201

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 SUCH AS, “THIS IS NOT AN OFFER”, THE OFFER

WILL BE DEEMED “NON-RESPONSIVE” AND REMOVED FROM FURTHER CONSIDERATION.

https://www.procurement.sc.gov/doing-biz/submitting-offers https://vendorportal.sc.gov/irj/portal https://www.procurement.sc.gov/legal/general-info

Amendment Number 1

IFB 5400026122

Web-Based People Search Engine

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.

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 PROVISION. STRICKEN TEXT IS DELETED. [02-2A097-1]

Changes to Solicitation

SECTION VII. TERMS AND CONDITIONS – B. SPECIAL

OFFSHORE CONTRACTING PROHIBITED (FEB 2015)

No part of the resulting contract from this solicitation may be performed offshore of the United States by persons located offshore of the United State or by means, methods, or communications that, in whole or in part, take place offshore of the

United States. [07-7B122-1]

Vendor Questions

1. QUESTION:

Solicitation page 3 says, “IF TERMS AND CONDITIONS ARE OBJECTED OR QUALIFIED OR OFFEROR

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

DHEC willing to revise this language to allow proposed changes to DHEC’s terms and conditions (Ts & Cs) be included in the bid (strongly preferred) or submitted as questions during the procurement’s Q&A period (less preferred)? Or allow DHEC to accept proposed changes after the bid date from the Offeror selected for award

(also preferred)? A standard part of our solicitation-response process includes submitting a customer’s Ts & Cs to our corporate attorneys. They review Ts & Cs and request changes. The attorneys must account for sensitive legal and security issues that usually require changes to an agency’s contractual boilerplate. The proposed changes are necessary to protect our company, our third-party providers of the data that you access, and the millions of citizens we provide data about. We prefer to include these proposed changes in the bid or later for potential future negotiations. Trying to negotiate during a Q&A period can add a strain on procurement deadlines and eliminates the opportunity for discussions that help parties gain full understanding of legal issues and risks.

State’s Response: The solicitation includes the note “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” on page 3 of this solicitation.

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

2. QUESTION:

Solicitation page 3 says, “IF TERMS AND CONDITIONS ARE OBJECTED OR QUALIFIED OR OFFEROR

DEEMED NON-RESPONSIVE AND WILL BE ELIMINATED FROM FURTHER CONSIDERATION.” The cited language on page 3 prohibits the Offeror from including additional terms and conditions in the bid. Please confirm, is DHEC willing to allow us to submit these for your consideration later, if we are selected for award? In order to provide DHEC access to our Web-Based People Search Engine, our standard licensing terms must be considered for the final contract. These licensing terms are required in the final agreement so we can enforce company policies, protect consumers, and remain compliant with our third-party agreements with our data providers.

State’s Response: Standard licensing agreements (SLAs) are acceptable for submission. However, should any terms and conditions of the SLA contradict the terms and conditions of the solicitation, the contradicting SLA terms and conditions will be considered null and void and overridden by the solicitation’s terms and conditions.

3. QUESTION:

Whether companies from Outside USA can apply for this?

State’s Response: See “Changes to Solicitation” in this amendment.

4. QUESTION:

Whether we need to come over there for meetings?

State’s Response: Any meetings will be hosted virtually.

5. QUESTION:

Can we perform the tasks (related to RFP) outside USA?

State’s Response: See “Changes to Solicitation” in this amendment.

6. QUESTION:

Can we submit the proposals via email?

State’s Response: No. Bids must be submitted either electronically through SRM or hard copies mailed to the address listed on page 3 of the solicitation.

7. QUESTION:

Solicitation Section V (Qualifications) on page 19 lists multiple potential items DHEC may consider as assurances of the Offeror’s qualifications. However, it’s unclear what the Offeror must include in the bid, and the section says to provide evidence of responsibility “upon request.” Please provide a list of items the Offeror must include in the bid pursuant to Section V.

State’s Response: The State has not requested specific information to support an Offeror’s qualifications at this time.

8. QUESTION:

The Bidding Schedule in Section VIII on pages 31 to 35 request unit and extended prices. Please confirm a unit price is a fee for one user per year, and an extended price is a fee for 50 users per year.

State’s Response: Unit price is the one-month, all-inclusive cost for 50 user licenses. Extended price is the one-year, all-inclusive cost for 50 user licenses.

9. QUESTION:

For the Bidding Schedule in Section VIII, do you require a single flat rate that includes unlimited searches of all offered data? Or is DHEC also open to additional/optional fees for select items on a cost-per-search basis, included in the bid pursuant to the Offeror’s discretion?

State’s Response: See Section III. SCOPE OF WORK/SPECIFICATIONS, Pricing.

10. QUESTION:

May we offer certain types of premium content – such as real time incarceration data, requested in item 25 on page 16 – as an optional add-on service for an additional flat-rate, unlimited-search fee?

State’s Response: Pricing may only be submitted for the items requested.

11. QUESTION:

Our company currently provides DHEC access to a web-based person search engine for 10 users, and the contract expires in March. Is this solicitation intended to procure a renewal or replacement contract for that service and to expand DHEC’s users from 10 to 50?

State’s Response: This solicitation is for the provision of a new contract.

12. QUESTION:

The solicitation indicates 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.” With the understanding that offerors must also comply with the terms and conditions of their own organization, and given that this RFP involves regulated data and obligations on the part of both parties, is the DHEC amenable to negotiating terms and conditions prior to a final contract?

State’s Response: See State’s Response to questions 1 and 2 of this amendment.

13. QUESTION:

Further commenting on the above statement from the solicitation, an offeror’s license terms must also be incorporated.

The license terms could be placed last in the order of precedence so that the State’s standard terms govern any conflict of terms. (Please note that such terms are industry-standard; all similar data providers in this industry—including this offeror and its competitors—are subject to the same limitations.) Access to the law enforcement data requested in the solicitation is heavily regulated and licensed from many different third-parties. For vendors to receive such data, vendors must obtain license agreements from their data sources; thus, in order to provide access to the data, vendors must provide those same license terms to their customers. This is true of all vendors of similar services. Similarly, regulations mandate that vendors of these data sources ensure that those who have access to the data are accessing the data for the express purposes of their agency and do not misuse or abuse their privileged access. Please also note that the State of South Carolina has accepted this offeror’s license terms in the past. For the reasons outlined above, will the DHEC amend the RFP to permit offerors to submit their standard contract terms and conditions with their proposals?

14. QUESTION:

Further commenting on the above statement regarding terms and conditions, the solicitation appears to preclude submitting exceptions or any further negotiation of terms and conditions. Will the department allow offerors to provide any assumptions/conditions/exceptions with our proposal submission so that these items can be negotiated later in the process? Please clarify.

End of Amendment 1