State of South Carolina

Request for Proposal

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400021308 12/22/2021

NATHAN DAWSON

(803) 737-9931 ndawson@mmo.sc.gov SFAA, Div. of Procurement Services, MMO 1201 Main Street, Suite 600 Columbia SC 29201

DESCRIPTION: Hosting/Infrastructure and Operations and Enhancements (O&E) Services for South Carolina’s Medicaid Member Management System (MMS)

USING GOVERNMENTAL UNIT: SC Department of Health & Human Services

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

SUBMIT OFFER BY (Opening Date/Time): 01/28/2022 11:00 am (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 10/15/2021 04:00 pm email questions to ndawson@mmo.sc.gov (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: Two (2) Online submissions – One (1) Original and One (1) Redacted Copy Initial here if NO redacted copy is necessary___________ See Section II A “Submitting Confidential Information” clause, and Section IV “Submitting Redacted Offers” clause

CONFERENCE TYPE: Pre-Proposal Conference DATE & TIME: 10/14/2021 11:00 am

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions) LOCATION: Online Conference (email ndawson@mmo.sc.gov before 12:00 noon on 10/13/2021 for call-in instructions)

(See Section IIB “Conference – Pre-Bid/Proposal” clause)

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 180 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)

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):

Preferences do NOT apply to Requests for Proposals per SC Consolidated Procurement Code §11-35-1524(E)(5)

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE:

Preferences do NOT apply to Requests for Proposals per SC Consolidated Procurement Code §11-35-1524(E)(5)

PAGE TWO (SEP 2009)

End of PAGE TWO

Table of Contents

AMENDMENT #2

Solicitation #5400021308

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]

IMPORTANT NOTICE: In order to make the solicitation document easier to read, the State has opted to issue a complete new document. This approach has been selected in an effort to ensure the clarity of the contract documents during both the “Pre-Award” and “Post Award” phases of this procurement. Prospective Offerors should discard the original solicitation document and use this document when preparing their on-line bids.

In an effort to assist your review of the amendment, we have endeavored to highlight changes in yellow. To use this feature, offerors will need to view the electronic version of this document.

Despite our best efforts, there is a chance that a change was inadvertently left unhighlighted. Therefore, offerors are cautioned that they are responsible to review the content of the entire document and cannot rely detrimentally on highlights identifying all changes.

SCOPE OF SOLICITATION

ACQUIRE SERVICES (MODIFIED)

The State Fiscal Accountability Authority, Office of State Procurement, on behalf of the South Carolina Department of Health and Human Services (SCDHHS), is soliciting proposals from qualified Offerors who are well-experienced with IBM’s Cúram software framework to provide operations and enhancement (O&E) as well as hosting and infrastructure Services for the Member Management System (MMS), South Carolina’s Medicaid member eligibility determination system.

MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)

Start date: 02/11/2022. End date: 02/10/2029. 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] The initial term of this contract is four (4) years. There are three (3) additional one (1) year options to renew. The maximum contract period (initial term + renewal options) is seven (7) years.

PROGRAM BACKGROUND AND VISION

PLEASE NOTE: Section 1 is for information only. It contains background information, not requirements that necessitate a response.

SCDHHS is a cabinet agency of the South Carolina Governor’s Office. SCDHHS serves as the single state agency designated to administer the South Carolina Medicaid program.

Healthy Connections, the South Carolina Medicaid program, is South Carolina’s grant-in-aid program by which the federal and state governments share the cost of providing medical care for eligible citizens. Title XIX of the Social Security Act, signed into law on July 30, 1965, authorized the Medicaid program; South Carolina began participation in Medicaid in July 1968. SCDHHS also administers the State Children’s Health Insurance Program (CHIP) under Title XXI of the Social Security Act.

Approximately 1.2 million individuals receive South Carolina Medicaid benefits.

Program Background SCDHHS procured the MMS technology framework from IBM/Cúram in December 2012. Most of the development team at that time was provided by Clemson University with assistance from IBM/Cúram and oversight by SCDHHS. Utilizing Cúram’s Universal Access and HCR (Health Care Reform) products, SCDHHS implemented an online Medicaid application in October 2013 and began operations with the functionality for determining eligibility and enrollment into the Modified Adjusted Gross Income (MAGI)-based coverage groups in November 2014. Since that time changes have added to or enhanced the system functionality and improved user experience.

SCDHHS began receiving Account Transfer (AT) applications via a service that transfers an applicant’s application and all verification data via the Federal Data Services Hub (FDSH) in February 2014. SCDHHS stood up an interim solution for the State-to-FDSH process and transmitted the first round of applications to the FDSH in May 2014. In November 2014, SCDHHS implemented the FDSH-to-State AT 2.3.2 processing, and in December 2014 implemented the State-to-FDSH 2.3.2 process. SCDHHS implemented the functionality to send responses concerning dispositions of applications received via FDSH in May 2015. In July 2016, SCDHHS implemented FDSH-to-State and State-to-FDSH AT BSD 2.4. SCDHHS is currently using FDSH services such as Social Security Administration (SSA) Composite, Remote Identity Proofing (RIDP), and Verify Current Income.

On December 1, 2016, SCDHHS transitioned to IBM Watson Health as the System Integrator (SI) of the Cúram HCR System. As Cúram HCR SI, IBM Watson Health is responsible for design, development, and implementation (DDI) on the remaining HCR Project work packages and all Operations and Maintenance (O&M) of the Cúram HCR solution. HCR DDI activities completed with the successful implementation of SC Cúram Release 4.2.0 in March 2019.

On May 23, 2018, IBM was awarded the contract to configure, test, and implement the Cúram Global Income Support (CGIS) module and associated data interfaces into the current SCDHHS information technology environment. This implementation enables SCDHHS to conduct eligibility determination, program enrollment, and comprehensive verification and reporting of non-Modified Adjusted Gross Income (non-MAGI) Medicaid applicants’ and Beneficiaries’ assets in the most efficient and cost-effective delivery model available. The CGIS implementation was completed in April 2021.

The legacy Medicaid Eligibility Determination System (MEDS) is operated by Clemson University and will be retired when the Cúram HCR and CGIS products are fully implemented, integrated and operational. Clemson University currently hosts both the replacement and legacy eligibility systems and the development and testing environments for the replacement project.

OBJECTIVE

The State is soliciting proposals from qualified Offerors who will provide hosting/infrastructure, operations, maintenance, and enhancement Services for SCDHHS’ Medicaid eligibility determination and member management system, referred to as the Member Management System (MMS) (or, formerly, the Member Management Replacement System (MMRS)).

Services required include, but are not limited to, providing:

an appropriate data center environment and infrastructure for hosting/operating the MMS, daily operation of the system software/hardware components, required updates/upgrades and maintenance, execution and monitoring of batch operation, implementation/maintenance of a disaster recovery plan/site, reporting requests, resolution of system Defects, and implementation of system enhancements.

It is SCDHHS’ expectation that the awarded contract as a result of this solicitation will accomplish the following:

Continue to modernize and improve Medicaid eligibility determination and enrollment processes.

Maintain a high-availability eligibility determination system with minimal downtime, including an appropriate disaster recovery plan to maintain business continuity in the event of a critical system failure or disaster.

Integrate the MMS with the SCDHHS enterprise architecture, including the legacy Medicaid Management Information System (MMIS), Replacement Medicaid Management Information System (RMMIS), and Medicaid Enterprise System (MES) which acts as the integration hub for SCDHHS.

Continue MMS integration with the SCDHHS content management platform, currently OnBase® (by Hyland Software).

Maintain compliance with federal and state regulations pertaining to Medicaid eligibility and determination by making system updates necessary to adapt to changes.

Continue to exchange data via federal, interstate, and intrastate interfaces including the:

· Federal Data Services Hub (FDSH)

· Beneficiary and Earnings Data Exchange (BENDEX)

· State Data Exchange (SDX)

· South Carolina Department of Employment and Workforce (SCDEW)

· South Carolina Department of Social Services (SCDSS) and others by maintaining compliance with technical and security standards and implementing system updates to accommodate changes to those standards; and Support the SCDHHS Medicaid enterprise objectives.

STATISTICAL DATA

All statistical data provided by SCDHHS regarding this solicitation represent the best and most accurate information available to SCDHHS to date. SCDHHS disclaims any responsibility for the inaccuracy of such data. Discovery of any inaccuracy in this data after Contract award and during the term of the Contract shall not constitute a basis for Contract rejection or renegotiation.

Statistical and other procurement-related documentation may be found in the Procurement Library: https://webprod.cio.sc.gov/SCSolicitationWeb/contractSearch.do?solicitnumber=5400021308

SCDHHS ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES

The following chart is a high-level representation of SCDHHS and Member Management Replacement Program (MMRP) / Member Management Systems (MMS) leadership. Note: The Member Management Replacement Program (MMRP) is in process of reorganizing into Member Management Systems (MMS). References to the MMS team or program area and MMRP within this document are synonymous.

Key Stakeholders Below is a chart of key SCDHHS stakeholders with whom the Contractor may interface during the term of the Contract.

MMRP Program Director/ Deputy Director for System Development Chief Information Officer / Deputy Director for Office of Systems and Technology Responsible for directing all aspects of the Medicaid Systems including DDI and O&E activities.

Design, Development, and Implementation Manager (Interim) MMS Product Manager Manages, monitors, and directs all tasks associated with DDI activities associated with the MMRP MMS system changes; responsible for implementing new system functionality, remediation of defects, and for product management, change management, user acceptance testing, and vendor management.

Product Manager (Interim) Product Owner / BA Lead Responsible for ensuring that new/enhanced system functionality meets the business needs and that the agency/program priorities are pursued. Manages the business analysts and documentation specialists responsible for gathering and documenting requirements, rules, and processes, and communicating business needs to the technical staff.

O&M Business Analyst Manager Production BA Lead Manages a team responsible for researching eligibility determination system related issues, testing production Defects and validating resolutions to production issues. Leads the team in troubleshooting issues, documenting solutions/mitigations, requirements, and needed development solutions. Responsible for communicating with Production Support Team, Testing Team, and system developers as needed to provide feedback on identified system issues.

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 or entity you Contract with to perform or provide any part of the work.

US or WE mean 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]

ADDITIONAL DEFINITIONS (SCDHHS)

ACTUAL OPERATIONAL START DATE is the actual date on which SCDHHS determines in its sole, but reasonable, discretion that the system is operational substantially as a whole.

BENEFICIARY(IES) means a qualified, enrolled recipient of Medicaid benefits.

CHANGE means a Change(s) to the Work, (e.g., scope, cost, quality, duration), or to the time of performance (i.e., hours of the day, days of the week, etc.), or place of performance of the Work.

DEFECT means any aspect of a Deliverable’s performance that does not meet its requirements.

DELIVERABLE(S) means those items identified in the Contract to be delivered by the Contractor to SCDHHS including, without limitation, the Acquired Items, hardware, Services, Software, tangibles, and intangibles required hereunder.

HIGH AVAILABILITY means able to be reliably utilized for long periods of time with a minimum amount of down-time.

KEY PERSONNEL means the Corporate Sponsor, Engagement Manager, Project Manager, and Technical Director required to be identified by name in Contractor’s Offer, any approved successor to such named individuals and any other individual and his/her approved successor designated in Contractor’s Offer as Key Personnel.

MATERIAL DEFECT means a Defect in any item, whether tangible or intangible, or in the provision of a service, that substantially prevents the item or service from operating or functioning as designed or according to its specifications. The term "material defect" does not include a Defect that- (A) has an insignificant or de minimis effect on the operation or functioning of an item or computer program; (B) affects only a component of an item or program that, as a whole, substantially operates or functions as designed; or (C) has an insignificant or de minimis effect on the efficacy of the service provided.

MEDICAID ENTERPRISE means the hardware, software and Services designed to meet the demands of South Carolina’s Medicaid members, stakeholders, and appropriate staff.

MILESTONES mean significant specific points along a project timeline. These points may be Major Deliverables, signal anchors, a need for external review, or input. In many instances, Milestones do not impact project duration. Instead, they focus on major progress points that must be reached to achieve success.

SERVICES mean the Services to be delivered by Contractor pursuant to the Contract Documents.

SOFTWARE-AS-A-SERVICE (SaaS) means a software delivery model in which software is managed and licensed by its vendor-owner on a pay-for-use or subscription basis, centrally hosted, on-demand, and common to all users.

TARGETED OPERATIONAL START DATE is the date on which the system is planned to be operational substantially as a whole.

TOTAL COST OF OWNERSHIP (TCO) means the anticipated cost of purchasing, owning, leasing, operating, maintaining, and/or supporting the proposed solution for the total potential term of the Contract.

VENDOR means the Offeror or Contractor receiving an award as a result of this Solicitation.

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 (MODIFIED)

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 in excess of one hundred thousand dollars, such notice will be sent electronically to all Offerors responding to the Solicitation and any award will not be effective until the calendar day (including weekends and holidays) immediately following the seventh business day after such notice is given.

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)

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]

AUTHORITY AS PROCUREMENT AGENT (DEC 2015)

The Procurement Officer is an employee of the Authority acting on behalf of the Using Governmental Unit(s) pursuant to the Consolidated Procurement Code. Any contracts awarded as a result of this procurement are between the Contractor and the Using Governmental Units(s). The Authority is not a party to such contracts, unless and to the extent that the Authority is a using governmental unit, and bears no liability for any party's losses arising out of or relating in any way to the contract. [02-2A030-3]

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 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 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 mailroom that services that purchasing office prior to the opening. [R.19-445.2070(G)] [02-2A050-1]

DRUG FREE WORKPLACE 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.