Amendment 2.doc

SAP

State of South Carolina

REVERSE AUCTION

AMENDMENT 2

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Procurement Director:

5400021246 05/17/2021

MEGAN LEATH

(803)896-1949 leath.megan@doc.sc.gov Ruthie Bishop, CPPB

DESCRIPTION: Drug Testing Cups & Sticks

USING GOVERNMENTAL UNIT: Department of Corrections

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 Corrections Attn: Purchasing Branch 4420 Broad River Road Columbia SC 29210

PHYSICAL ADDRESS:

SC Department of Corrections Attn: Purchasing Branch 4420 Broad River Road Columbia SC 29210

SUBMIT OFFER BY (Opening Date/Time): 05/20/2021 06/10/2021 10:00 AM (NO PRICING SHOULD BE SUBMITTED) (See "Deadline For Submission Of Offer" provision)

NO PRICING SHALL BE SUBMITTED WITH YOUR OFFER - This Bid is to determine Vendor Qualification.

PRICING WILL BE SUBMITTED ONLINE VIA A REVERSE AUCTION THROUGH EBRIDGE AT A LATER DATE BY VENDORS DEEMED QUALIFIED.

AUCTION DATE AND TIME: 06/02/2021 06/24/2021 11:00 AM

CONFERENCE TYPE: Not Applicable

DATE & TIME:

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions) LOCATION: Not Applicable

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 - PAPER ONLY (MAR. 2015)

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)

DISCOUNT FOR PROMPT PAYMENT

(See "Discount for Prompt Payment" clause)

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 DO NOT APPLY

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)). PREFERENCES DO NOT APPLY ____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

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS

PURCHASING BRANCH

PO BOX 21787

COLUMBIA, SOUTH CAROLINA 29210

AMENDMENT 2

AMENDMENTS TO SOLICITATION (JANUARY 2006) (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: https://sword.doc.state.sc.us/procure-bulletin/viewBulletinBoard.do (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.

Amendment 2 has been posted to correct specifications for the iCups and Dip Sticks & move the Opening & Award Dates. All Changes are highlighted yellow. The Quantities listed online have also been corrected to match the Solicitation.

Submit Offer Date Currently Reads: 05/20/2021 @ 10:00AM Submit Offer Date Now Reads: 06/10/2021 @ 10:00AM Auction Date Currently Reads: 06/02/2021 @ 11:00AM Auction Date Now Reads: 06/24/2021 @ 11:00AM Award Date Currently Reads: 06/09/2021 Award Date Now Reads: 07/01/2021 Vendor’s Question: What is the anticipated contract start date?

SCDC Answer: The Contract will start 7 business days after the Intent to Award is posted.

Vendor’s Question: Please verify that you want Vendor Qualifications submitted via physical bid (i.e. mail/FedEx).

SCDC Answer: The Bid to determine Vendor Qualification must be submitted via mail (fedex/ups/USPS/etc.).

Vendor’s Question: How many copies of the Vendor Qualifications must be submitted? Just one single signed copy?

SCDC Answer: Just one signed copy must be submitted.

Vendor’s Question: We would like to make sure we provide all required information for the Vendor Qualification submission. Please verify that all that is required for this submission is Cover Page and Page Two, descriptive literature regarding our products, and evidence of insurance. Do we also need to submit the Bidding Schedule (pages 25-28) to indicate brand and item number of what we will be bidding? If there are exceptions to the product specifications, should we include these also?

SCDC Answer: The First two pages and Bidding Schedule (to indicate brand/item # for dip sticks). Items quoted should meet all Specifications listed in Bid. If the item does not meet all specifications listed then the item will be deemed non-responsive.

Vendor’s Question: Please verify that the State does want descriptive literature submitted with the Vendor Qualifications.

SCDC Answer: Yes, vendors must supply descriptive literature with their Bid (Vendor Qualification) submitted.

Vendor’s Question: Please verify that no samples are required to be sent with the Vendor Qualifications at this time.

SCDC Answer: Yes, samples are required to be sent with the Bid (Vendor Qualification) submitted.

Vendor’s Question: Page 17 section IV mentions insurance but we didn't see any specific terms; are there any insurance requirements for this bid? Should vendors submit an evidence of insurance document for the Qualifications statement, or is this not applicable?

SCDC Answer: Proof of insurance does not need to be submitted. If needed we will request it.

Vendor’s Question: Will bidders be disqualified if they make any requested changes to the Terms & Conditions? If bidders are allowed to request changes, should this be submitted with their Qualification, or is this negotiable upon award?

SCDC Answer: Any requests to change Terms & Conditions must be submitted before the bid (Qualification) opens. If Terms & Conditions are changed in a bid that were not approved by SCDC beforehand, the bid will be deemed non-responsive.

Vendor’s Question: Our dip device product inserts indicate that results are stable for up to 1 hour after test initiation; they are not stable for 3 hours as posed in requirement h on page 15. Please verify that a 1-hour result stability is acceptable for the dip devices.

SCDC Answer: This was addressed in Amendment 1 stating a 30-minute result stability.

Vendor’s Question: Typical shelf-life requirements for government agencies are 12 months minimum; 18-24 month shelf-life may not be possible unless the DOC is willing to place an order up to 3 months in advance or plan out delivery schedules closely aligning with order dates. Would the DOC accept 12 months minimum shelf life? Or will the DOC agree to plan out deliveries with this kind of lead time so vendors will be able to stock product appropriately to meet delivery timelines with the longer shelf-life?

SCDC Answer: This has been our requirement for over 10-years and have never had an issue with receiving tests under the minimum 18 month shelf-life.

Vendor’s Question: Approximately how many deliveries does the DOC anticipate across a year and to how many individual shipping locations?

SCDC Answer: Normally an order is placed once a quarter and are shipped to one (1) location only.

Vendor’s Question: Will deliveries be ordered in the same (or approximately the same) amounts on a recurring basis (which could help with planning 18-24 month shelf-life and 30-day delivery)? Or are orders expected to be unpredictable in volume and timing based on immediate needs?

SCDC Answer: Yes, deliveries will be ordered in approximately the same amounts quarterly.

Vendor’s Question: For the dip devices, please verify that the quote will be inclusive of only the dip device and not additionally for any supplies such as bottles or beakers.

SCDC Answer: No additional supplies will be covered under this contract.

Sample requirement currently Reads:

SAMPLES (JAN 2006)

Free samples may be required for testing and/or evaluation. If requested, your failure to provide a sample will result in rejection of your offer. You must send your sample to the Procurement Officer under separate cover, mark the solicitation number on the outside of the shipping carton, and tag each sample with your name and other pertinent information. The Procurement Officer must receive your samples prior to opening date.

Send Sample To:

SCDC Purchasing Branch

Attn: Megan Leath

4420 Broad River Road

Columbia, SC 29210 [02-2B130-1] Sample requirement now Reads:

SAMPLES (JAN 2006)

Vendor must submit one cup and one of each dip stick for review with product specification sheet and provide documentation that the sample meets all product specifications listed. Failure to provide a sample will result in rejection of your offer. You must send your sample to the Procurement Officer under separate cover, mark the solicitation number on the outside of the shipping carton, and tag each sample with your name and other pertinent information. The Procurement Officer must receive your samples prior to opening date.

Send Sample To:

SCDC Purchasing Branch

Attn: Megan Leath

4420 Broad River Road

Columbia, SC 29210

[02-2B130-1]

SCOPE OF WORK/SPECIFICATIONS PREVIOUSLY READ:

SEE BIDDING SCHEDULE

The purpose of this bid is to establish a contract with a qualified provider for the S.C. Department of Corrections (SCDC) to purchase 9-Panel iCups and 1-Panel dip sticks. Pricing must be FOB Destination to include any/all shipping/freight charges.

LINE 1: EQUALS CANNOT BE QUOTED. MUST BID AS SPECIFIFED. THE iCUPS ARE ALREADY IN USE AT SCDC & CHANGING THE CUP WOULD REQUIRE RETRAINING STAFF.

LINE 2-9: VENDOR MUST SPECIFY IN BIDDING SCHEDULE THE BRAND/MODEL OF THE DIP STICK QUOTED AND ATTACH DESCRIPTIVE LITERATURE. FAILURE TO PROVIDE THIS INFORMATION COULD RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE.

LINE 1: 9-Panel iCup for THC, Meth, Amphetamine, Oxycodone, Benzo, Cocaine, Opiate, Suboxone & Alcohol

Qty: 15,000 / Each

The following specifications are minimum requirements for the iCups:

a) The test must use an immunoassay method that meets the requirements of the Food and Drug Administration (FDA) for commercial distribution.

b) The test, where applicable, shall meet the current established and legally defensible SAMHSA cutoff detection levels.

c) The test must be non-instrument based, free of plumbing and electrical systems, with an ease of use based in practical portable field application and use.

d) The test must have the ability to perform regular control tests to ensure accuracy and reliability of the product and must not require pipetting.

e) Contractor will be required to provide multi-panel test cups that will include nine (9) different substances (THC, methamphetamine, amphetamine, oxycodone, benzodiazepine, cocaine, opiate, suboxone, and alcohol.)

f) The test must be completely portable and not require the use of a timer. The presence of a test valid/control line should be the indicator that the test has run to completion.

g) Test time to completion once the operator begins the test must not exceed 5 minutes.

h) The results of the test must be stable and readable for at least 30 minutes without additional manipulation or storage in an airtight receptacle.

i) The test must have a minimum of 18-24 months shelf life with manufacturer’s expiration date no less than that from the date of shipment to SCDC.

j) The Offeror must provide a free of charge toxicology expert/technical contact to assist with any questions about product performance and cross-reactivity issues.

k) The Offeror must supply at no additional charge all training materials, pamphlets and manuals necessary for statewide training of the method and testing procedures.

LINE 2: 1-Panel Dip Stick for Oxycodone

Qty: 4,000 / Each

LINE 3: 1-Panel Dip Stick for Benzodiazepine

Qty: 3,000 / Each

LINE 4: 1-Panel Dip Stick for Suboxone

Qty: 4,000 / Each

The following specifications are minimum requirements for the dip stick tests:

a) Contractor will be required to provide single-panel dip sticks for eight (8) different drugs (THC, methamphetamine, amphetamine, oxycodone, benzodiazepine, cocaine, opiate, and suboxone.)

b) The test must use an immunoassay method that meets the requirements of the Food and Drug Administration (FDA) for commercial distribution.

c) The test, where applicable, shall meet the current established and legally defensible SAMHSA cutoff detection levels as listed below.

Line 2: Oxycodone – 100 ng/mL

Line 3: Benzodiazepine – 300 ng/mL

Line 4: Suboxone (Buprenorphine) – 10ng/mL

d) The test must be non-instrument based, free of plumbing and electrical systems, with an ease of use based in practical portable field application and use.

e) The test must have the ability to perform regular control tests to ensure accuracy and reliability of the product and must not require pipetting.

f) The test must be completely portable and not require the use of a timer. The presence of a test valid/control line should be the indicator that the test has run to completion.

g) Test time to completion once the operator begins the test must not exceed 5 minutes.

h) The results of the test must be stable and readable for at least 3 hours without additional manipulation or storage in an airtight receptacle.

i) The test must have a minimum of 18-24 months shelf life, with manufacturer’s expiration date no less than that from the date of shipment to SCDC.

j) The Offeror must provide a free of charge toxicology expert/technical contact to assist with any questions about product performance and cross-reactivity issues.

k) The Offeror must supply at no additional charge all training materials, pamphlets and manuals necessary for statewide training of the method and testing procedures.

SCOPE OF WORK/SPECIFICATIONS NOW READS:

SEE BIDDING SCHEDULE

The purpose of this bid is to establish a contract with a qualified provider for the S.C. Department of Corrections (SCDC) to purchase 9-Panel iCups and 1-Panel dip sticks. Pricing must be FOB Destination to include any/all shipping/freight charges.

LINE 1: EQUALS CANNOT BE QUOTED. MUST BID AS SPECIFIFED. THE iCUPS ARE ALREADY IN USE AT SCDC & CHANGING THE CUP WOULD REQUIRE RETRAINING STAFF.

LINE 2-9: VENDOR MUST SPECIFY IN BIDDING SCHEDULE THE BRAND/MODEL OF THE DIP STICK QUOTED AND ATTACH DESCRIPTIVE LITERATURE. FAILURE TO PROVIDE THIS INFORMATION COULD RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE.

LINE 1: 9-Panel iCup for THC, Meth, Amphetamine, Oxycodone, Benzo, Cocaine, Opiate, Suboxone & Alcohol

Qty: 15,000 / Each

The following specifications are minimum requirements for the iCups:

a) The test must use an immunoassay method that meets the requirements of the Food and Drug Administration (FDA) for commercial distribution.

b) The test, where applicable, shall meet the current established and legally defensible SAMHSA cutoff detection levels as shown. (Meth 500, AMP 500, THC 50, OPI 150, OXY 100, BZO 300, BUP 10, ETG 500, COC 150)

c) The test must be non-instrument based, free of plumbing and electrical systems, with an ease of use based in practical portable field application and use.

d) The test must have the ability to perform regular control tests to ensure accuracy and reliability of the product and must not require pipetting.

e) Contractor will be required to provide multi-panel test cups that will include nine (9) different substances (THC, methamphetamine, amphetamine, oxycodone, benzodiazepine, cocaine, opiate, suboxone, and alcohol.)

f) The test must be completely portable and not require the use of a timer. The use of a timer is required. The presence of a test valid/control line should be the indicator that the test has run to completion.

g) Test time to completion once the operator begins the test must not exceed 5 minutes.

h) The results of the test must be stable and readable for at least 30 10 minutes without additional manipulation or storage in an airtight receptacle.

i) The test must have a minimum of 18 months 24 months shelf life with manufacturer’s expiration date no less than that from the date of shipment to SCDC.

j) The Offeror must provide a free of charge toxicology expert/technical contact to assist with any questions about product performance and cross-reactivity issues.

k) The Offeror must supply at no additional charge all training materials, pamphlets and manuals necessary for statewide training of the method and testing procedures.

LINE 2: 1-Panel Dip Stick for Oxycodone

Qty: 4,000 / Each

LINE 3: 1-Panel Dip Stick for Benzodiazepine

Qty: 3,000 / Each

LINE 4: 1-Panel Dip Stick for Suboxone

Qty: 4,000 / Each

The following specifications are minimum requirements for the dip stick tests:

a) Contractor will be required to provide single-panel dip sticks for eight (8) three (3) different drugs (THC, methamphetamine, amphetamine, oxycodone, benzodiazepine, cocaine, opiate, and suboxone.)

b) The test must use an immunoassay method that meets the requirements of the Food and Drug Administration (FDA) for commercial distribution.

c) The test, where applicable, shall meet the current established and legally defensible SAMHSA cutoff detection levels as listed below.

Line 2: Oxycodone – 100 ng/mL

Line 3: Benzodiazepine – 300 ng/mL

Line 4: Suboxone (Buprenorphine) – 10ng/mL

d) The test must be non-instrument based, free of plumbing and electrical systems, with an ease of use based in practical portable field application and use.

e) The test must have the ability to perform regular control tests to ensure accuracy and reliability of the product and must not require pipetting.

f) The test must be completely portable and not require the use of a timer. The use of timer is required. The presence of a test valid/control line should be the indicator that the test has run to completion.

g) Test time to completion once the operator begins the test must not exceed 5 minutes.

h) The results of the test must be stable and readable for at least 3 hours 30 minutes without additional manipulation or storage in an airtight receptacle.

i) The test must have a minimum of 18 months -24 months shelf life, with manufacturer’s expiration date no less than that from the date of shipment to SCDC.

j) The Offeror must provide a free of charge toxicology expert/technical contact to assist with any questions about product performance and cross-reactivity issues.

k) The Offeror must supply at no additional charge all training materials, pamphlets and manuals necessary for statewide training of the method and testing procedures.

Table of Contents

SAP

SECTION_I

ACQUIRE SUPPLIES / EQUIPMENT (JAN 2006)

SECTION_IIA

DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015)

AMENDMENTS TO SOLICITATION (JAN 2004)

AUTHORIZED AGENT (FEB 2015)

AWARD NOTIFICATION (FEB 2015)

BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)

BID ACCEPTANCE PERIOD (JAN 2004)

BID IN ENGLISH and DOLLARS (JAN 2004)

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)

CODE OF LAWS AVAILABLE (JAN 2006)

DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (FEB 2015)

DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)

DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)

DUTY TO INQUIRE (FEB 2015)

ETHICS CERTIFICATE (MAY 2008)

OMIT TAXES FROM PRICE (JAN 2004)

OPEN TRADE REPRESENTATION (JUN 2015)

PROTESTS (MAY 2019)

PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)

PUBLIC OPENING (JAN 2004)

QUESTIONS FROM OFFERORS (FEB 2015)

REJECTION/CANCELLATION (JAN 2004)

RESPONSIVENESS/IMPROPER OFFERS (JUN 2015)

SIGNING YOUR OFFER (JAN 2004)

STATE OFFICE CLOSINGS (JAN 2004)

DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA (FEB 2021)

SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015)

TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN 2008)

VENDOR REGISTRATION MANDATORY (JAN 2006)

WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)

SECTION_IIB

DESCRIPTIVE LITERATURE -- LABELLING (JAN 2006)

DESCRIPTIVE LITERATURE -- REQUIRED (JAN 2006)

CLARIFICATION (NOV 2007)

OFFERING BY LOT (JAN 2006)

PREFERENCES - A NOTICE TO VENDORS (SEP 2009)

PREFERENCES - SC/US END-PRODUCT (SEP 2009)

PREFERENCES - RESIDENT VENDOR PREFERENCE (SEP 2009)

SAMPLES (JAN 2006)

SAMPLES --TESTING (JAN 2006)

UNIT PRICES REQUIRED (JAN 2006)

PROTEST - CPO - MMO ADDRESS (JUN 2006)

SECTION_III

SEE BIDDING SCHEDULE

DELIVERY/PERFORMANCE LOCATION -- SPECIFIED (JAN 2006)

DELIVERY DATE -- 30 DAYS ARO (JAN 2006)

QUALITY -- NEW (JAN 2006)

SECTION_IV

INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (MAR 2015)

MINORITY PARTICIPATION (DEC 2015)

SECTION_V

QUALIFICATIONS OF OFFEROR (MAR 2015)

SECTION_VI

AWARD BY LOT AWARD TO ONE OFFERER (JAN 2006)

AWARD CRITERIA -- BIDS (JAN 2006)

CALCULATING THE LOW BID

COMPETITION FROM PUBLIC ENTITIES (JAN 2006)

UNIT PRICE GOVERNS (JAN 2006)

SECTION_VIIA

ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (FEB 2015)

BANKRUPTCY - GENERAL (FEB 2015)

CHOICE-OF-LAW (JAN 2006)

CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (FEB 2015)

DISCOUNT FOR PROMPT PAYMENT (JAN 2006)

DISPUTES (JAN 2006)

EFT INFORMATION (FEB 2021)

EQUAL OPPORTUNITY (JAN 2006)

FALSE CLAIMS (JAN 2006)

FIXED PRICING REQUIRED (JAN 2006)

NO INDEMNITY OR DEFENSE (FEB 2015)

NOTICE (JAN 2006)

OPEN TRADE (JUN 2015)

PAYMENT and INTEREST (FEB 2021)

PUBLICITY (JAN 2006)

PURCHASE ORDERS (JAN 2006)

SURVIVAL OF OBLIGATIONS (JAN 2006)

TAXES (JAN 2006)

TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)

THIRD PARTY BENEFICIARY (JAN 2006)

WAIVER (JAN 2006)

SECTION_VIIB

CHANGES (JAN 2006)

CISG (JAN 2006)

DEFAULT (JAN 2006)

PRICE ADJUSTMENTS (JAN 2006)

PRICE ADJUSTMENT - LIMITED -- AFTER INITIAL TERM ONLY (JAN 2006)

PRICE ADJUSTMENTS -- LIMITED BY PPI (JAN 2006)

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

PURCHASING CARD (JAN 2006)

SHIPPING / RISK OF LOSS (JAN 2006)

SUBSTITUTIONS PROHIBITED - END PRODUCT PREFERENCES (SEP 2009)

TERM OF CONTRACT -- OPTION TO RENEW (FEB 2021)

TERM OF CONTRACT -- TERMINATION BY CONTRACTOR (JAN 2006)

TERMINATION FOR CONVENIENCE (JAN 2006)

SECTION_VIII

BIDDING SCHEDULE (NOV 2007)

SECTION_IX

NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING

BIIDER’S CHECKLIST

eBridge Information

SAP

I. SCOPE OF SOLICITATION

ACQUIRE SUPPLIES / EQUIPMENT (JAN 2006)

The purpose of this solicitation is to establish a source or sources of supply for the purchase of new drug testing materials for a (1) year contract with option of (4) one-year renewal periods. SAP

MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)

Dates provided are estimates only. 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". [01-1040-1]

II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015)

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(4)] 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.

[02-2A003-3]

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]

AUTHORIZED AGENT (FEB 2015)

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. [02-2A007-1]

AWARD NOTIFICATION (FEB 2015)

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, any notice of extension of award. Should the contract resulting from this Solicitation have a total or potential value of one hundred thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation and any award will not be effective until the eleventh day after such notice is given. [02-2A010-2]

BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)

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. [02-2A015-1]

BID ACCEPTANCE PERIOD (JAN 2004)

In order to withdraw Your Offer after the minimum period specified on the Cover Page, You must notify the Procurement Officer in writing. [02-2A020-1] BID IN ENGLISH and DOLLARS (JAN 2004) Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the Solicitation. [02-2A025-1]

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)

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. [02-2A032-1]

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)

(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 non-responsible.

(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.

[02-2A035-1]

CODE OF LAWS AVAILABLE (JAN 2006)

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 (FEB 2015)

You warrant and represent 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. The two underlying principles are (a) preventing the existence of conflicting roles that might bias a contractor's judgment, and (b) preventing an unfair competitive advantage. If you have an unfair competitive advantage or a conflict of interest, the state may withhold award. Before withholding award on these grounds, an offeror will be notified of the concerns and provided a reasonable opportunity to respond. Efforts to avoid or mitigate such concerns, including restrictions on future activities, may be considered. Without limiting the foregoing, you represent that your offer identifies any services that relate to either this solicitation or the work and that has already been performed by you, a proposed subcontractor, or an affiliated business of either. [02-2A047-2]

DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)

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. [R.19-445.2070(G)] [02-2A050-1]

DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)

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. [02-2A065-1]

DUTY TO INQUIRE (FEB 2015)

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 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." [02-2A070-2]

ETHICS CERTIFICATE (MAY 2008)

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. [02-2A075-2]

OMIT TAXES FROM PRICE (JAN 2004)

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

OPEN TRADE REPRESENTATION (JUN 2015)

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. [02-2A083-1]

PROTESTS (MAY 2019)

If you are aggrieved in connection with the solicitation or award of the contract, you may be entitled to protest, but only as provided in Section 11-35-4210. To protest a solicitation, you must submit a protest within fifteen days of the date the applicable solicitation document is issued. To protest an award, you must (i) submit notice of your intent to protest within seven business days of the date the award notice is posted, and (ii) submit your actual protest within fifteen days of the date the award notice is posted. Days are calculated as provided in Section 11-35-310(13). Both protests and notices of intent to protest must be in writing and must be received by the appropriate Chief Procurement Officer within the time provided. See clause entitled "Protest-CPO". The grounds of the protest and the relief requested must be set forth with enough particularity to give notice of the issues to be decided. [02-2A085-2]

PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)

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. [R. 19-445.2010]

(b) You are advised to familiarize yourself with Regulation 19-445.2165, which restricts donations to a governmental entity with whom you have or seek to have a contract. 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. [R. 19-445.2165] [02-2A087-1]

PUBLIC OPENING (JAN 2004)

Offers will be publicly opened at the date/time and at the location identified on the Cover Page, or last Amendment, whichever is applicable. [02-2A090-1]

QUESTIONS FROM OFFERORS (FEB 2015)

(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. [See R. 19-445.2042(B)] 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. [See R. 19-445.2140] [02-2A095-2]

REJECTION/CANCELLATION (JAN 2004)

The State may cancel this solicitation in whole or in part. The State may reject any or all proposals in whole or in part. [SC Code Section 11-35-1710 & R.19-445.2065] [02-2A100-1]

RESPONSIVENESS/IMPROPER OFFERS (JUN 2015)

(a) Bid as Specified. Offers for supplies or services other than those specified will not be considered unless authorized by the Solicitation.

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

(c) Responsiveness. Any Offer which fails to conform to the material requirements of the Solicitation may be rejected as nonresponsive. Offers which impose conditions that modify material requirements of the Solicitation may be rejected. If a fixed price is required, an Offer will be rejected if the total possible cost to the State cannot be determined. 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. [R.19-445.2070 and Section 11-35-1520(13)]

(d) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price. [R. 19-445.2070].

(e) Unbalanced Bidding. The State may reject an Offer as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the State even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(f) Do not submit bid samples or descriptive literature unless expressly requested. Unsolicited bid samples or descriptive literature will not be examined or tested, will not be used to determine responsiveness, and will not be deemed to vary any of the provisions of the solicitation. S.C. Code Ann. Reg. 19-445.2077(D).

[02-2A105-2]

SIGNING YOUR OFFER (JAN 2004)

NO PRICING SUBMITTED ALL PRICING WILL BE SUBMITTED DURING THE REVERSE AUCTION

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 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. [02-2A115-1]

STATE OFFICE CLOSINGS (JAN 2004)

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…