Amendment 2.pdf

SAP

State of South Carolina

Request for Proposal

Amendment 2

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400026810

04/02/2024 04/30/2024 05/03/2024

RANDY BARR, SR

803+896-5232 rbarr@mmo.sc.gov

SFAA, Div. of Procurement Services

1201 Main Street, Suite 600

Columbia SC 29201

DESCRIPTION: STC Body Cameras, In Car & SaaS: Video

USING GOVERNMENTAL UNIT: Statewide Term Contract

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

SUBMIT OFFER BY (Opening Date/Time) 05/14/2024 05/17/2024 05/21/2024 11:00 AM (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 04/16/2024 5:00 PM (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: ONLINE SUBMISSION (See “Online Bidding Instructions” provision)

• If submitting confidential information, include a separate redacted copy with your online submission marked

“REDACTED.” (See provisions “Submitting Redacted Offers” in Section IV & “Disclosure of Your Bid / Proposal and Submitting Confidential Data” in Section IIA.)

Initial here if no redacted copy is necessary _____

CONFERENCE TYPE: Pre - Bid Conference

DATE & TIME: 04/16/2024 10:00 AM

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

LOCATION: Via Teams Online Only!!!

AWARD &

AMENDMENTS

Award will be posted on 07/23/2024 . The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

You must submit a signed copy of this form with Your Offer. By signing, You agree to be bound by the terms of the

Solicitation. You agree to hold Your Offer open for a minimum of ninety (90) calendar days after the Opening Date.

(See "Signing Your Offer" provision.)

NAME OF OFFEROR

(full legal name of business submitting the offer)

Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME

(printed name of person signing above)

STATE OF INCORPORATION

(If you are a corporation, identify the state of incorporation.)

OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing Your Offer" provision.)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)

COVER PAGE - ON-LINE ONLY (MAR. 2015)

mailto:rbarr@mmo.sc.gov http://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 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 http://www.procurement.sc.gov/preferences

Table of Contents

SAP

SECTION_I ........................................................................... ……………………………………………………………...4 ACQUIRE SERVICES and SUPPLIES / EQUIPMENT (JAN 2006)……………………………………………………… 4

MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)…………………………………………………………. 4

SECTION_IIA ...................................................................... ………………………………………………………………5

DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015)…………………………………………………….. 5

AMENDMENTS TO SOLICITATION (JAN 2004) ............. ………………………………………………………………5

AUTHORIZED AGENT (FEB 2015) .................................... ………………………………………………………………5 AWARD NOTIFICATION (MAR 2024) .............................. ……………………………………………………….………6

BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)………………………………………………………….……. 6

BID ACCEPTANCE PERIOD (JAN 2004) ........................... …………………………………………………….…………6 BID IN ENGLISH and DOLLARS (JAN 2004) .................... ……………………………………………………………….6

AUTHORITY AS PROCUREMENT AGENT (DEC 2015)………………………………………………………………… 6

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAR 2024)………………………………………....…7

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)……….…. 7 CODE OF LAWS AVAILABLE (JAN 2006) ....................... ……………………………………………………………… 9 DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (FEB 2015)…………... 9

DEADLINE FOR SUBMISSION OF OFFER (JAN 2004) ... …………………………………………………………….. .9

DRUG FREE WORK PLACE CERTIFICATION (JAN 2004) ……………………………………………………………...9

DUTY TO INQUIRE (FEB 2015) .......................................... ………………………………………………………………

ETHICS CERTIFICATE (MAY 2008) .................................. ………………………………………………………………

MULTIPLE OFFERS (MAR 2024)………………………………………………………………………………………….10

OMIT TAXES FROM PRICE (JAN 2004) ............................ …………………………………………………………..… 10

PRICING (MAR 2024)………………………………………………………………………………………………………11

OPEN TRADE REPRESENTATION (JUN 2015) ................ …………………………………………..………………… 11 PROTESTS (MAR 2024) ....................................................... …………………………………………………………..… 11

PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015) ………………………………………………

PUBLIC OPENING (JAN 2004) ............................................ …………………………………………………………….. 12 QUESTIONS FROM OFFERORS (MODIFIED) .................. ……………………………………………………………...12 REJECTION/CANCELLATION (JAN 2004) ....................... …………………………………………………………….. 12 RESPONSIVENESS (MAR 2024) ......................................... ………………………………………………….…………. 12 SIGNING YOUR OFFER (JAN 2004) .................................. …………………………………………………………….. 13 STATE OFFICE CLOSINGS (JAN 2004) ............................. …………………………………………………………….. 13 DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA (FEB 2021)……………… 13

SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015)…………………………………………..………. 14

TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (APR 2024)…………. 14

VENDOR REGISTRATION MANDATORY (MAR 2024).. ……………………………………………………….…….. 14

WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004) …………………………………………………………… 16

SECTION_IIB ...................................................................... …………………………………………………………….. 17

CONFERENCE – PRE – BID/PRPOSAL (MODIFIED)……………………………………………………………………17

CONTENTS OF OFFER (RFP) (FEB 2015) ......................... …………………………………………………………….. 17

ELECTRONIC COPIES - REQUIRED MEDIA AND FORMAT (MAR 2015)…………………………………………... 17

OFFERING BY LOT (JAN 2006) .......................................... ……………………………………………………………. 18

ON-LINE BIDDING INSTRUCTIONS (MODIFIED) .......... ……………………………………………………………..18

OPENING PROPOSALS -- INFORMATION NOT DIVULGED (FEB 2015)…………………………………………… 18

PROTEST - CPO - ITMO ADDRESS (MAR 2024) .............. ……………………………………………………………..18

SECTION_III ....................................................................... ……………………………………………………………..19

CONTRACT PRICING & ADDITIONAL DISCOUNTS………………………………………………………………….19

CONTRACT PRODUCT CHANGES………………………………………………………………………………………19

DELIVERY/PERFORMANCE LOCATION -- PURCHASE ORDER (JAN 2006)……………………………………… 19

DELIVERY DATE -- 30 DAYS ARO (JAN 2006) ............... ……………………………………………………………. 19

EMERGENCY PRODUCT SUBSTITUTIONS AND OUT OF STOCK ITEMS…………………………………….……19

OPERATIONS MANUAL (JAN 2006)………………………………………………………………………………..…….19

QUALITY ASSURANCE AND WARRANTY GUARANTEE…………………………………………………..………..20

QUALITY -- NEW (JAN 2006) ............................................. ……………………………………………………….……. 20

RETURN OF PRODUCT……………………………………………………………………………………………………20

ADMINISTRATIVE SERVICES FEE - COLLECTION AND REPORTING (MAR 2024)……………………….……..24

ADMINISTRATIVE SERVICES FEE - CALCULATION - ITMO (JAN 2015)………………………………………….24

TECHNICAL SUPPORT -- INCLUDED (JAN 2006) .......... ……………………………………………………………..24

SECTION_IV ........................................................................ …………………………………………………………….. 27

INFORMATION FOR OFFERORS TO SUBMIT -- EVALUATION (JAN 2006)……………………………………….. 27

INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (MAR 2015)…………………………………………… 30

MINORITY PARTICIPATION (APR 2024) ......................... ………………………………………………………….…. 30

SERVICE PROVIDER SECURITY ASSESSMENT QUESTIONNAIRE – REQUIRED………. ……………..…………31

SUBMITTING REDACTED OFFERS (MAR 2015)………………………………………………………………..……... 31

SECTION_V ......................................................................... ……………………………………………………………..33 QUALIFICATIONS OF OFFEROR (MAR 2015) ................ ……………………………………………………………..33

QUALIFICATIONS - SPECIAL STANDARDS OF RESPONSIBILITY (MAR 2015) ………………………………….33

QUALIFICATIONS -- REQUIRED INFORMATION (MODIFIED)…………………………………………………….. 28

SUBCONTRACTOR -- IDENTIFICATION (FEB 2015)

SECTION_VI ........................................................................ ……………………………………………………………. 35 AWARD BY LOT (JAN 2006) .............................................. ……………………………………………………………. 35 AWARD CRITERIA -- PROPOSALS (JAN 2006) ............... ……………………………………………………………. 35

AWARD TO MULTIPLE OFFERORS (JAN 2006…………………………………………………………………..…….30

COMPETITION FROM PUBLIC ENTITIES (JAN 2006) .... …………………………………………………………….. 35

DISCUSSIONS AND NEGOTIATIONS - OPTIONAL (FEB 2015) ………………………………………………………35

EVALUATION FACTORS -- PROPOSALS (JAN 2006) .... ……………………………………………………………. 35

UNIT PRICE GOVERNS (JAN 2006) ................................... …………………………………………………………….. 36

SECTION_VIIA ................................................................... …………………………………………………………….. 37 ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (FEB 2015)………………. 37

BANKRUPTCY - GENERAL (FEB 2015) ………………………………………………………………………………... 37

CHOICE-OF-LAW (JAN 2006) ............................................. ……………………………………………………………..37

CONTRACT AWAARDED PURSUANT TO CODE (MAR 2024)………………………………………………………..37

CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (FEB 2015)………………………………………………37

DISCOUNT FOR PROMPT PAYMENT (JAN 2006) .......... ……………………………………………………………. 38

DISPUTES (JAN 2006) .......................................................... ……………………………………………………………. 38 EFT INFORMATION (APR 2024) ........................................ ………………………………………………………….…. 38 EQUAL OPPORTUNITY (JAN 2006) .................................. …………………………………………………………….. 38 FALSE CLAIMS (JAN 2006) ................................................ …………………………………………………………….. 39 FIXED PRICING REQUIRED (JAN 2006) ........................... ……………………………………………………………. 39 NO INDEMNITY OR DEFENSE (FEB 2015) ...................... ……………………………………………………………. 39 NOTICE (JAN 2006) .............................................................. ……………………………………………………………. 39 OPEN TRADE (JUN 2015) .................................................... ……………………………………………………………. 39

ORGANIZATIONAL CONFLICT OF INTREST (APR 2023)……………………………………………………………..39

PAYMENT and INTEREST (FEB 2021) ............................... ……………………………………………………………. 39 PUBLICITY (JAN 2006) ........................................................ …………………………………………………………… 40 PURCHASE ORDERS (JAN 2006) ....................................... …………………………………………………………… 40 SURVIVAL OF OBLIGATIONS (JAN 2006) ...................... ……………………………………………………………. 40 TAXES (JAN 2006) ............................................................... ……………………………………………………………. 40

TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)……………………………………………….40

THIRD PARTY BENEFICIARY (JAN 2006) ....................... …………………………………………………………… 41 WAIVER (JAN 2006) ............................................................ …………………………………………………………… 41

SECTION_VIIB .................................................................... …………………………………………………………… 42

BANKRUPTCY – GOVERNMENT INFORMATION (FEB 2015)………………………………………………………42

CHANGES (JAN 2006) ......................................................... …………………………………………………………… 42 CISG (JAN 2006) ................................................................... …………………………………………………………… 42 COMPLIANCE WITH LAWS (JAN 2006) ........................... ……………………………………………………………. 43 CONTRACT LIMITATIONS (JAN 2006) ............................ ……………………………………………………………. 43

CONTRACTOR'S LIABILITY INSURANCE - GENERAL (MODIFIED)………………………………………………..43

CONTRACTOR'S LIABILITY INSURANCE - INFORMATION SECURITY AND PRIVACY (FEB 2015)……………43

CONTRACT PRICING & ADDITIONAL DISCOUNTS…………………………………………………………………...44

CONTRACTOR PERSONNEL (JAN 2006) ......................... …………………………………………………………….. 43

CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006)

DEFAULT (JAN 2006) .......................................................... …………………………………………………………….. 45

ESTIMATED QUANTITY -- PURCHASES FROM OTHER SOURCES (JAN 2006) …………………………………...46

ESTIMATED QUANTITY -- UNKNOWN (JAN 2006) ………………………………………………………………….. 46

ILLEGAL IMMIGRATION (NOV 2008) .............................. ……………………………………………………………..46

INDEMNIFICATION-THIRD PARTY CLAIMS-DISCLOSURE OF INFORMATION..……………………………...…47

INDEMNIFICATION-INTELLECTUAL PROPERTY (JAN 2006)……………………………………………………… 47

INFORMATION SECURITY - DEFINITIONS (FEB 2015………………………………………………………………..47

INFORMATION SECURITY - SAFEGUARDING REQUIREMENTS (FEB 2015)……………………………………..48

INFORMATION SECURITY – LOCATION OF DATA (FEB 2015)……………………………………………………..49

INFORMATION USE AND DISCLOSURE (FEB 2015)…………………………………………………………………..49

INFORMATION USE AND DISCLOSURE – STANDARDS (FEB 2015)……………………………………………..…50

LICENSES AND PERMITS (JAN 2006) .............................. ……………………………………………………………. 50

LIMITATION OF LIABILITY – STATEWIDE (MODIFIED) ……………………………………………………………50

MATERIAL AND WORKMANSHIP (JAN 2006) ............... ……………………………………………………………. 50

OWNERSHIP OF DATA and MATERIALS (JAN 2006)…………………………………………………………………..51 PRICE ADJUSTMENTS (JAN 2006) .................................... …………………………………………………………….. 51 PRICE ADJUSTMENT - LIMITED -- AFTER INITIAL TERM ONLY (JAN 2006)……………………………………..51

PRICE ADJUSTMENTS -- LIMITED BY CPI "ALL ITEMS" (JAN 2006) ………………………………………………52

PRICING DATA -- AUDIT -- INSPECTION (JAN 2006) .... …………………………………………………………… .52

RELATIONSHIP OF THE PARTIES (JAN 2006) ................ ……………………………………………………………. 52

RELATIONSHIP OF USING GOVERNMENTAL UNITS (JAN 2006) ………………………………………………… 52

RESTRICTIONS ON PRESENTING TERMS OF USE OR OFFERING ADDITIONAL SERVICES (FEB 2015)………52

SERVICE LEVELS……………………………………………………………………………………………………….…52

SHIPPING / RISK OF LOSS (JAN 2006) ............................. ……………………………………………………………. 53

SERVICE PROVIDER SECURITY REPRESENTATION (FEB 2015)……………………………………………………53

SOFTWARE LICENSING AGREEMENTS FOR STATEWIDE TERM CONTRACTS (MODIFIED)…………………..54

CLOUD SERVICES AGREEMENT ADDENDUM AS PREREQUISITE TO CONTRACT PERFORMANCE…………54

STATEWIDE TERM CONTRACT (FEB 2021) ................... ……………………………………………………………. 54 STATEWIDE TERM CONTRACT - ACCEPTANCE OF OFFERS 10% BELOW PRICE (NOV 2012) ………………..55

STATEWIDE TERM CONTRACT -- SCOPE (JAN 2006) .. ……………………………………………………………..55

SYSTEM CURRENCY………………………………………………………………………..…………………….……...55

SYSTEM UPDATES …………………………………………………………………………………………………..…...55

TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006) …………………….…. 55

TERM OF CONTRACT – NON-TERMINATION OR SUSPENSION BY CONTRACTOR……………………………56

TERM OF CONTRACT -- TERMINATION BY CONTRACTOR (JAN 2006)………………………………………….56

TERMINATION FOR CONVENIENCE -- INDEFINITE DELIVERY / INDEFINITE QUANTITY CONTRACTS (JAN

2006) ....................................................................................... …………………………………………………………… 57

TERMINATION FOR CONVENIENCE (JAN 2006) ........... …………………………………………………………… 58

WARRANTY – STANDARD (JAN 2006)………………………………………………………………………………...58

SECTION_VIII ..................................................................... …………………………………………………………… 59 BIDDING SCHEDULE (NOV 2007) .................................... …………………………………………………………….59 PRICE PROPOSAL (JAN 2006) ............................................ …………………………………………………………… 59

SECTION_IX ........................................................................ ……………………………………………………………. 60

NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING …………………….61

PURCHASE ORDER ATTACHMENT - ACCEPTANCE OF OFFERS 10% BELOW STATEWIDE TERM CONTRACT

PRICE ..................................................................................... ……………………………………………………………. 62

IMPORTANT NOTICE: In order to make the solicitation document easier to read, the state has opted to issue a completely 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 bidders 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.

I. SCOPE OF SOLICITATION

The Office of State Procurement is soliciting proposals from qualified manufacturers to establish a Statewide Term Contract to provide body camera systems for the use of all Using Governmental Units (UGU) as listed herein and in accordance with all requirements stated herein.

ACQUIRE SERVICES and SUPPLIES / EQUIPMENT (JAN 2006)

The purpose of this solicitation is to acquire services and supplies or equipment complying with the enclosed description and/or specifications and conditions. [01-1005-1]

IMPORTANT NOTICE: IF THE TERMS AND CONDITIONS HEREIN ARE OBJECTED TO, QUALIFIED, OR

SUPPLEMENTED IN YOUR OFFER, YOUR OFFER SHALL BE DETERMINED NON-RESPONSIVE AND NOT

CONSIDERED FURTHER. See “Responsiveness and Improper Offers” provision in Section IIA, SC Code of Laws §11-

35-1520(13), and SC Code of Regulations Chapter 19-445.2070.

MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)

Start date: 09/04/2024 End date: 09/03/2029. 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 contract term shall be for one (1) year with four (4) additional one-year renewal options for a total potential maximum contract of five (5) years.

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 (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.

AWARD NOTIFICATION (MAR 2024)

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, the most recent notice of extension of award. Should the contract resulting from this Solicitation have a total or potential value more than one hundred thousand dollars, such notice will be sent electronically to all Offerors responding to the Solicitation. Unless a written notice of intent to protest is timely filed pursuant to Section 11-35- 4210(1)(b) or the award is otherwise suspended or canceled, the award will be effective on the calendar day (including weekends and holidays) immediately following the seventh business day after such notice is given. [02-2A010-3]

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]

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 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]

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAR 2024)

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. [02-2A032-2]

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 nonresponsible.

(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]

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAR 2024)

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. [02-2A032-2]

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]

DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (APR 2023)

(“OCI FAQ for Contractors” is available at www.procurement.sc.gov)

(a) You certify that, to the best of your knowledge and belief:

(1) your offer identifies any services that relate to either this solicitation or the work and that have already been performed by you, a proposed subcontractor, or an affiliated business or consultant of either; and http://www.scstatehouse.gov/code/statmast.php http://www.scstatehouse.gov/coderegs/statmast.php

(2) there are no relevant facts or circumstances that may give rise to an actual or potential organizational conflict of interest, as defined in S.C. Code Ann. Reg. 19- 445.2127, or 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.

(b) If you, a proposed subcontractor, or an affiliated business or consultant of either, have an unfair competitive advantage or a significant actual or potential conflict of interest, the State may withhold award. Before withholding award on these grounds, the State will notify you of the concerns and provide a reasonable opportunity for you to respond. The State may consider efforts to avoid or mitigate such concerns, including restrictions on future activities.

(c) The certification in paragraph (a) of this provision is a material representation of fact upon which the State will rely when considering your offer for award. [02-2A047- 3]

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]

MULTIPLE OFFERS (MAR 2024)

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 or uploaded as a separate document and must clearly indicate that it is a separate offer. If this solicitation is a Request for Proposals, multiple offers may be submitted or uploaded as one document, provided that you clearly differentiate between each offer and you submit a separate cost proposal for each offer, if applicable. [02-2A079-1]

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]

PRICING (MAR 2024)

(a) Fixed Price. If a fixed price is required, award will not be made on an Offer if the total possible price to the State cannot be determined. (b) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price. S.C. Code Ann. Reg. 19-445.2070E. (c) Unbalanced Pricing. The State will analyze all offers with separately priced line items or subline items to determine if the prices are unbalanced.

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated. The responsible procurement officer may reject an offer as unreasonably priced if she determines that unbalanced pricing increases performance risk (e.g., it is so unbalanced as to be tantamount to allowing an advance payment) or could result in payment of unreasonably high prices. S.C. Code Ann. Reg. 19-

445.2122C. [02-2A082-1]

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]

PROTESTS (MAR 2024)

(a) 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 the solicitation or an amendment, your written protest must be received within fifteen Days of the date the applicable solicitation document is issued. To protest an award, (i) written notice of your intent to protest must be received within seven Business Days of the date the award notice is posted, and (ii) your actual written protest must be received within fifteen Days of the date the award notice is posted. Time periods are computed in accordance with Section 11-35-310(13) and the definitions for Day and

Business Day. Both protests and notices of intent to protest must be received by the appropriate Chief Procurement

Officer (CPO). See clause entitled "Protest-CPO." (b) Pursuant to Section 11-35-410, documents directly connected to a procurement activity may be available within five days after request. All document requests should be directed to DocReq@mmo.sc.gov. If a protest is pending, the protestant’s lawyer may access otherwise unavailable information by applying to the CPO for the issuance of a protective order. Additional information is available at www.procurement.sc.gov/legal [02-2A085-3]

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…