DESCRIPTION: Statewide Hosted VoIP and Messaging, Contact Center, and IVR Services

USING GOVERNMENTAL UNIT: Statewide Contract

SUBMIT OFFER BY (Opening Date/Time): 2/23/20223/25/2022; 11:00 A.M. (See "Deadline For Submission Of

Offer" provision) QUESTIONS MUST BE RECEIVED BY: 2/9/20223/2/2022; 11:00 A.M.

(email questions to ronconner@itmo.sc.gov)matthew.hall@admin.sc.gov)

NUMBER OF COPIES TO BE SUBMITTED: Refer to page 3

CONFERENCE TYPE: Not Applicable

DATE & TIME:

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

LOCATION: Not Applicable

AWARD &

AMENDMENTS

Award will be posted on 04/08/20224/15/2022. The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov.

Unless submitted on-line, you must submit a signed copy of this form with Your Offer. By submitting a bid or proposal, 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" and "Electronic Signature" provisions.)

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.)

TAXPAYER IDENTIFICATION NO.

(See "Taxpayer Identification Number" provision)

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at https://procurement.sc.gov/)

PRINTED NAME

(printed name of person signing above)

DATE SIGNED STATE OF INCORPORATION

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

COVER PAGE (NOV. 2007)

Multipl

State of South Carolina Request for Proposal

Amendment #5

Solicitation Number:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

5400022783 03/18/2022 Matthew Hall 803-737-2805 matthew.hall@admin.sc.gov

SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:

MAILING ADDRESS:

Attn: Contract Manager

Dept. of Administration, Office of Technology and Information Services

4430 Broad River Road, Office 275273 Columbia SC 29210

PHYSICAL ADDRESS:

Attn: Contract Manager Dept. of Administration, Office of Technology and Information Services, 4430 Broad River Road, Office 275273 Columbia, SC 29210

The Term "Offer" Means Your "Bid" or "Proposal". Unless submitted on-line, your offer must be submitted in a sealed package. Solicitation Number & Opening Date must appear on package exterior. See "Submitting Your Offer" provision.

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) mailto:ronconner@itmo.sc.gov mailto:ronconner@itmo.sc.gov http://www.procurement.sc.gov/ https://www.procurement.sc.gov/ mailto:matthew.hall@admin.sc.gov

PAGE TWO

(Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for Offerors 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 (%)

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

PAGE THREE

IMPORTANT INFORMATION FOR ALL OFFERORS

All Offerors desiring to respond to this solicitation should register and submit your response online. To respond online, you must follow the new South Carolina Enterprise Information System (SCEIS) vendor registration instructions found at the South Carolina Procurement Information Center website address of: https://procurement.sc.gov/. Even if you are registered in the old procurement system, you must still register or updateyour information in the new SCEIS system.

Once the registration process is complete, the system will generate a newSCEIS vendor user id and password. The Offeror must keep this information current or you will not be able to submitfuture bids.

OFFERORS ENCOUNTERING REGISTRATION PROBLEMS SHOULD CONTACT:

Division of Technology Help Desk (803) 896-0001 Select Option 1 then Option 1 Monday – Friday 8:00 AM – 4:30 PM SCEIS Service Desk Vendor Ticket Form

Additional vendor instructions concerning submitting offers can be found at:

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

Offerors will need to follow these instructions carefully when responding to the solicitation online.

1. The original solicitation response should be submitted on-line and is the official response.

2. All Offerors should attach all additional requested documents to their response in the online system. These documents can be attached under the “My Notes” tab in the online system either on the main response page or under the necessary line item.

In addition to the offer you submit on-line, the Offeror must submit the following:

1. In accordance with clause titled “Submitting Redacted Offers (Feb 2007) located in Section IV of this RFP, one (1) redacted copy of both Technical and Price Proposal online;

2. 8 individual copies of your Technical Proposal on a USB Drive identical to that submitted on line;

3. 1 individual copy of your Price Proposal on a USB Drive identical to that submitted on line.

4. 1 paper copy of the entire proposal.

All copies requested must be delivered no later than the date and time specified on the cover page of the solicitation to the following address:

Department of Administration Attention: Contract Manager VoIP Solicitation 4430 Broad River Road, Office 273 Columbia, SC 29210 https://procurement.sc.gov/ http://www.sceis.sc.gov/vendorrequests/ https://procurement.sc.gov/doing-biz/submitting-offers

OFFEROR VERIFICATION OF SUBMITTED RESPONSES

After submitting an online response to a solicitation, Offeror may validate their submission with the following steps:

1. Go back to the initial screen

2. Select Start by clicking the Start button’

3. Bid Submitted will appear in the Bid Status Column as seen below

You may want to print this page for your records.

QUALIFYING YOUR BID

ANY OFFEROR WHO TAKES EXCEPTIONS TO TERMS AND CONDITIONS OR OTHERWISE

QUALIFIES THEIR BID MAY BE DEEMED NON-RESPONSIVE. OFFERORS WILL NOT BEGIVEN

AN OPPORTUNITY TO CORRECT ANY MATERIAL NONCONFORMITY. IF YOU QUALIFY YOUR

OFFER WITH A STATEMENT LIKE: “THIS IS NOT AN OFFER”, YOU MAY BE DEEMED NON-

RESPONSIVE AND ELIMINATED FROM FURTHER CONSIDERATION.

TABLE OF CONTENTS

IMPORTANT INFORMATION FOR ALL OFFERORS

SECTION I. SCOPE OF SOLICITATION

ACQUIRE SERVICES and SUPPLIES / EQUIPMENT (JAN 2006)

TELECOMMUNICATIONS AUTHORITY & PROCUREMENT CODE EXEMPTION

MAXIMUM CONTRACT PERIOD - ESTIMATED (Jan 2006)

SECTION II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

DEFINITIONS (JAN 2006)

AMENDMENTS TO SOLICITATION (JAN 2004)

AWARD NOTIFICATION (NOV 2007)

BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)

BID ACCEPTANCE PERIOD (JAN 2004)

BID IN ENGLISH and DOLLARS (JAN 2004)

DEPARTMENT OF ADMINISTRATION AS PROCUREMENT AGENT (JAN 2004)

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)

CERTIFICATION REGARDING DEBARMENT & OTHER RESP. MATTERS (JAN 2004)

CODE OF LAWS AVAILABLE (JAN 2006)

DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMP. ADVANTAGE (MAY 2011)

DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)

DRUG FREE WORK-PLACE CERTIFICATION (JAN 2004)

DUTY TO INQUIRE (JAN 2006)

ETHICS CERTIFICATE (MAY 2008)

OMIT TAXES FROM PRICE (JAN 2004)

PUBLIC OPENING (JAN 2004)

QUESTIONS FROM OFFERORS (JAN 2004)

REJECTION/CANCELLATION (JAN 2004)

RESPONSIVENESS/IMPROPER OFFERS (JAN 2004)

SIGNING YOUR OFFER (JAN 2004)

STATE OFFICE CLOSINGS (JAN 2004)

SUBMITTING CONFIDENTIAL INFORMATION (AUG 2002)

SUBMITTING YOUR OFFER OR MODIFICATION (JAN 2004)

TAX CREDIT FOR SUBCONTRACTING W/ DISADVANTAGED SMALL BUS. (JAN 2008)

VENDOR REGISTRATION MANDATORY (JAN 2006)

WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)

SECTION II. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS

CONFERENCE - PRE-BID/PROPOSAL (JAN 2006)

CONTENTS OF OFFER (RFP) (MODIFIED)

CLARIFICATION

ELECTRONIC COPIES - REQUIRED MEDIA AND FORMAT (MODIFIED)

ON-LINE BIDDING INSTRUCTIONS (NOV 2007)

OPENING PROPOSALS -- PRICES NOT DIVULGED

SECTION III. SCOPE OF WORK/SPECIFICATIONS

GENERAL REQUIREMENTS FOR ALL LOTS

SERVICE PERFORMANCE MANAGEMENT FOR ALL LOTS

Requirements for Lot 1: Hosted VoIP Services and Messaging Services Requirements for Lot 2. Hosted Contact Center Requirements for Lot 3: Hosted Integrated Voice Response (IVR)

SECTION IV. INFORMATION FOR OFFERORS TO SUBMIT

INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (JAN 2006)

CONTENT AND FORMAT OF PROPOSAL

MINORITY PARTICIPATION (JAN 2006)

SUBMITTING REDACTED OFFERS (FEB 2007)

PRIVACY POLICIES

INFORMATION FOR OFFERORS TO SUBMIT - EVALUATION (JAN 2006)

General Provisions for All Lots Lot 1: Hosted VoIP Lot 2: Hosted Contact Center Lot 3: Hosted Integrated Voice Response (IVR)

SECTION V. QUALIFICATIONS

QUALIFICATION OF OFFEROR (JAN 2006)

QUALIFICATIONS – MANDATORY MINIMUM (JAN 2006)

QUALIFICATIONS – REQUIRED INFORMATION (JAN 2006)

SUBCONTRACTOR -- IDENTIFICATION (JAN 2006)

SECTION VI. AWARD CRITERIA

AWARD BY LOT (JAN 2006)

AWARD CRITERIA -- PROPOSALS (JAN 2006)

AWARD TO MULTIPLE OFFERORS (JAN 2006)

DISCUSSIONS AND NEGOTIATIONS – OPTIONAL

EVALUATION FACTORS -- PROPOSALS (JAN 2006)

SECTION VII. TERMS AND CONDITIONS -- A. GENERAL

ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (FEB 2015) 53

BANKRUPTCY (JAN 2006)

CHOICE-OF-LAW (JAN 2006)

CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (JAN 2006)

DISCOUNT FOR PROMPT PAYMENT (JAN 2006)

DISPUTES (JAN 2006)

EQUAL OPPORTUNITY (JAN 2006)

FALSE CLAIMS (JAN 2006)

FIXED PRICING REQUIRED (JAN 2006)

NO INDEMNITY OR DEFENSE (FEB 2015)

OPEN TRADE (JUN 2015)

NOTICE (JAN 2006)

PAYMENT and INTEREST (MAY 2011)

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 VII. TERMS AND CONDITIONS -- B. SPECIAL

BANKRUPTCY – GOVERNMENT INFORMATION (MODIFIED)

CHANGES (JAN 2006)

COMPLIANCE WITH LAWS (JAN 2006)

CONTRACT LIMITATIONS (JAN 2006)

CONTRACTOR’S LIABILITY INSURANCE – INFORMATION SECURITY & PRIVACY

CONTRACTOR PERSONNEL (JAN 2006)

CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006)

CONTRACTOR’S USE OF STATE PROPERTY (JAN 2006)

DEFAULT (JAN 2006)

DIVISION OF TECHNOLGOY ADMINISTRATIVE FEE

ESTIMATED QUANTITY -- PURCHASES FROM OTHER SOURCES (JAN 2006)

ESTIMATED QUANTITY - UNKNOWN (JAN 2006)

ILLEGAL IMMIGRATION (NOV. 2008)

INDEMNIFICATION-THIRD PARTY CLAIMS - GENERAL (NOV 2011)

INDEMNIFICATION -- THIRD PARTY CLAIMS – DISCLOSURE OF INFORMATION

INDEMNIFICATION - INTELLECTUAL PROPERTY (JAN 2006)

INFORMATION SECURITY - DEFINITIONS (FEB 2015)

INFORMATION SECURITY - SAFEGUARDING REQUIREMENTS (MODIFIED)

INFORMATION SECURITY – LOCATION OF DATA (MODIFIED)

INFORMATION USE AND DISCLOSURE (MODIFIED)

INFORMATION USE AND DISCLOSURE -- STANDARDS

LICENSES AND PERMITS (JAN 2006)

OFFSHORE CONTRACTING PROHIBITED (MODIFIED)

SERVICE PROVIDER SECURITY ASSESSMENT QUESTIONNAIRE

SERVICE PROVIDER SECURITY REPRESENTATION

PRICE ADJUSTMENTS (JAN 2006)

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

RELATIONSHIP OF THE PARTIES (JAN 2006)

STATEWIDE CONTRACT

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

TERM OF CONTRACT -- OPTION TO RENEW (JAN 2006)

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

TERMINATION FOR CONVENIENCE -- INDEFINITE DELIVERY / INDEFINITE QUANTITY

CONTRACTS (JAN 2006)

TERMINATION FOR CONVENIENCE (JAN 2006)

SUSPENSION AND STOP - WORK ORDERS

WARRANTY

SECTION VIII. BIDDING SCHEDULE / PRICE PROPOSAL

PRICE PROPOSAL (JAN 2006)

PRICE PROPOSAL NARRATIVE

PRICE PROPOSAL

COST ASSUMPTIONS, CONDITIONS AND CONSTRAINTS

SECTION IX. ATTACHMENTS TO SOLICITATION

Attachment A: Service Levels Matrix Attachment B: Service Level Description Attachment C: Nonresident Taxpayer Registration Affidavit Attachment D: Service Provider Security Assessment Questionnaire Attachment E: Glossary Attachment F: Price Proposal Template Attachment G: Administrative Fee Template Attachment H: Questions and Answers Attachment I: Price Proposal Template-Revised

SECTION I. SCOPE OF SOLICITATION

ACQUIRE SERVICES and SUPPLIES / EQUIPMENT The purpose of this solicitation is to acquire services and supplies or equipment complying with the enclosed description and/or specifications and conditions.

It is the intent of the Department of Administration (Admin), on behalf of the Office of Technology and Information Services (OTIS), to solicit proposals from qualified Offerors to provide SIP-enabled (Session Initiation Protocol) services for 1) hosted Voice over Internet Protocol (VoIP) and Messaging, 2) hosted Contact Centers, and 3) hosted Interactive Voice Response (IVR) in accordance with all requirements herein. The solutions will provide full Session Initiation Protocol (SIP) from the Offeror’s chosen hosting facility. Offerors may host their solutions in their own Tier 3 or Tier 4 data centers (as defined in the Glossary – Attachment E), from the Offeror’s cloud-based, Tier 4 hosting center, or from the state data center. The Offeror’s chosen hosting facility must be located exclusively withinthe contiguous United States of America. Selected Offerors will be expected to participate in statewide procurement contracts for the solutions described in the three (3) lots herein and to provide services to individual government entities based on those statewide contracts. No cloud-provided services other than the services in the three (3) lots herein are eligible for offer or for purchase under this contract. State of South Carolina government agencies falling under Proviso 117.112 of the 2021-2022 Appropriations Act desiring any other cloud services must obtain them using the Division of Technology Operations Shared Services cloud offerings only.

The State requires Offerors of these services to specify how they will comply with data security policies and standards across all elements of their proposed solutions. Digitized voice and messaging services are now network data and as such must be protected to the same level as all network data. Information services provided to and for the State are required to meet State and Federal security policies and standards, as well as being able to ensure compliance with data protection standards for the relevant data.

The Office of Technology and Information Services (OTIS) is a major operating unit of the South Carolina Department of Administration (Admin). Admin has broad responsibilities for central administrative and support functions in South Carolina state government, including centralized information technology, data privacy, and cybersecurity services.

OTIS’ mission is to set the direction for the state’s use of technology, to secure and protect citizens’ electronic data, and to make government more efficient, accountable, and accessible to citizens using information technology. OTIS provides these services through its Division of Technology Operations (DTO), Division of Information Security (DIS), and Enterprise Privacy Office.

OTIS currently provides telecommunications services to the State through DTO based on S.C. Code Ann. Section 1- 11-430. DTO will continue in this role and in so doing will manage the Offerors selected to provide the products and services in this solicitation. Currently, South Carolina state agencies and entities employ VoIP telephony managed services, but some few, isolated 1FB lines and PBX systems, and some Centrex services still exist in scattered locations around the state. Currently, hosted VoIP services, hosted Contact Center services, and hosted Interactive Voice Response services are provided under existing state contracts to multiple vendors.

The objective of this solicitation is to take advantage of technology improvements in unified communications (UC) that have become commonplace in the proposed lots of telecommunications services since the current contracts were awarded. There is demand among the state agencies and entities currently employing UC solutions across the state for features sets and telecommunications technology integrations now available in the marketplace, among these are soft phone applications, mobile clients, advanced presence technologies, and omnichannel communications using the VoIP platforms. DTO envisions the demands of increasingly mobile workforce across the state’s governmental enterprise combined with the public expectation for more open, transparent, and accessible information and services as primary drivers for the greater adoption of unified communications over the lifespan of this solicitation.

DTO is seeking solutions which will provide state agencies and other governmental entities a wide range of UC capabilities at enterprise-level pricing, making the offerings economical and affordable for smaller entities that would not otherwise be able to take advantage of these technologies. Offerors shall propose services with a basic set of features that provide fundamental services for each of the lots contained herein. Additionally, Offerors shall propose additional services and advanced functionality using a rate card approach with additional pricing discounts based on levels of adoption and types of service. All solutions proposed must be scalable in both service and pricing to meet the evolving needs of enterprise users.

Selected Offerors will be aligned to the following high-level requirements/goals:

• Provide and support an extended term contract partnership with the State

• Provide and support modern, standards-based, and secure technologies delivered through a hosted solution.

• Provide and support multi-tenant implementations with varying levels of service per tenant.

• Provide and support customer deployments of varying size and scale from a single line to implementations exceeding 5,000 lines.

• Provide localized support for individual customers.

• Provide the full range of tiered support services for identification, response, and remediation of troubles.

• Provide and support reporting and direct billing for individual entities while also providing enterprise reporting to the DTO contract managers.

TELECOMMUNICATIONS AUTHORITY & PROCUREMENT CODE EXEMPTION

All Offerors are advised that the services requested under this RFP are being acquired using the Department of Administration’s Telecommunications Authority as set forth in Section 1-11-430 of the South Carolina Code of Laws and the South Carolina Consolidated Procurement Code Exemption #114 (7/14/93). After reviewing this solicitation document, Offerors should advise the State of any problems they perceive where this may bear upon their ability to comply. Such questions and/or concerns must be presented in writing to the Procurement Official listed above by the date and time specified on the front of the solicitation.

S.C. Code Ann. Section 1-11-430. (Telecommunications Authority) This code section requires that all state entities be treated as a single enterprise for purposes of securing and utilizing local and long-distance telecommunications equipment and services. The Department of Administration is directed to secure and coordinate the supply of all telecommunications equipment and services for the state government enterprise. No entity of state government may enter into an agreement or renew an existing agreement for telecommunications services without Admin approval.

MAXIMUM CONTRACT PERIOD – ESTIMATED (JAN 2006):

Start date Estimated: 05/25/2022 End date estimated: 05/24/2029. Dates provided are estimates only. Any resulting contract will begin on the date specified in the notice of award. Se clause entitled “Term of Contract – Effective Date/Initial Contract Period”.

[01-1040-1]

The initial term of any resulting contract will be three (3) years; following the initial term, there will be four (4) one-year optional renewal terms (i.e., 3+1+1+1+1).

II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

DEFINITIONS, CAPITALIZATION, AND HEADINGS (MODIFIED)

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.

BUSINESS means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity.

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.

CONTRACT See clause entitled Contract Documents & Order of Precedence.

CONTRACT MODIFICATION means a written order signed by the procurement officer, directing the Offeror 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 Offeror.

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.

CUSTOMER means a Using Government Unit or UGU.

OFFER means the bid or proposal submitted in response to 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 or UGU means the unit(s) of government identified as such on the Cover Page.

If the Cover Page identifies the Using Governmental Unit as a “Statewide Contract,” the phrase “Using Governmental Unit” means any South Carolina Public Procurement Unit that has submitted a Purchase Order to you pursuant to the contract resulting from this solicitation. Its abbreviation is “UGU.” Reference the clauses titled “Purchase Orders” and “Statewide Contract.”

WORK means all labor, materials, equipment, services, or property of any type, provided or to be provided by the Offeror to fulfill the Offeror's obligations under the Contract.

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

AUTHORIZED AGENT

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

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.

PROPOSAL AS OFFER TO CONTRACT (MODIFIED)

By submitting Your Proposal, You are offering to enter into a contract with the Using Governmental Unit. Binding contract(s) 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.

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]

THE DEPARTMENT OF ADMINISTRATION AS PROCUREMENT AGENT

The Procurement Officer is an employee of the Department of Administration acting on behalf of the Using Governmental Unit(s). Any contracts awarded as a result of this procurement are between the Contractor and the Using Governmental Units(s). The Department of Administration is not a party to such contracts, unless and to the extent that the Department of Administration 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.

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

The South Carolina Code of Laws is available at:

http://www.scstatehouse.gov/code/statmast.php

The South Carolina Regulations are available at:

http://www.scstatehouse.gov/coderegs/statmast.php

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 Offeror'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.

DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)

By submitting an Offer, Offeror certifies that, if awarded a contract, Offeror 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] http://www.scstatehouse.gov/code/statmast.php http://www.scstatehouse.gov/coderegs/statmast.php

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 Offeror 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 Offeror participates, directly or indirectly, in the evaluation or award of public contracts, including without limitation, change orders or task orders regarding a public contract, Offeror 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]

PROHIBITED COMMUNICATIONS AND DONATIONS

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.

(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]

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 (MODIFIED)

(a) Any prospective Offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing utilizing Appendix J format. Questions regarding the original solicitation or any amendment must be received by the Procurement Officer no later than the date 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. 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.

REJECTION/CANCELLATION

The State may cancel this solicitation in whole or in part. The State may reject any or all proposals in whole or in part.

RESPONSIVENESS/IMPROPER OFFERS

(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.

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

(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.

SIGNING YOUR OFFER (JAN 2004)

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 the solicitation, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal government processes resume. In lieu of an automatic extension, an Amendment may be issued to reschedule bid opening. If state offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule the conference. Useful information may be available at:

https://www.scemd.org/closings/ [02-2A120-3]

SUBMITTING CONFIDENTIAL INFORMATION (MODIFIED)

(An overview is available at www.procurement.sc.gov) For every document Offeror submits in response to or with regard to this solicitation or request or Job Order Request, Offeror must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that Offeror contends contains information that is exempt from public disclosure because it is either (a) a trade secret as defined in Section 30-4-40(a)(1), or (b) privileged and confidential, as that phrase is used in Section 11-35-410. For every document Offeror submits in response to or with regard to this solicitation or request or Job Order Request, Offeror must separately mark with the words "TRADE SECRET" every page, or portion thereof, that Offeror contends contains a trade secret as that term is defined by Section 39-8-20 of the Trade Secrets Act. For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word "PROTECTED" every page, or portion thereof, that Offeror contends is protected by Section 11-35-1810. All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text. Do not mark your entire response (bid, proposal, quote or Job Order Quote, etc.) as confidential, trade secret, or protected. If your response, or any part thereof, is improperly marked as confidential or trade secret or protected, the State may, in its sole discretion, determine it nonresponsive. If only portions of a page are subject to some protection, do not mark the entire page. By submitting a response to this solicitation or request or Job Order Request, Offeror (1) agrees to the public disclosure of every page of every document regarding this solicitation or request that was submitted at any time prior to entering into a contract (including, but not limited to, documents contained in a response, documents submitted to clarify a response, and documents submitted during negotiations), or Job Order Request, unless the page is conspicuously marked "TRADE SECRET" or "CONFIDENTIAL" or "PROTECTED", (2) agrees that any information not marked, as required by these bidding instructions, as a "Trade Secret" is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that, notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other financial figures used to determine the award, as well as the final contract or Job Order amount, are subject to public disclosure. In determining whether to release documents, the State will detrimentally rely on Offeror's marking of documents, as required by these bidding instructions, as being either "Confidential" or "Trade Secret" or "PROTECTED". By submitting a response, Offeror agrees to defend, indemnify and hold harmless the State of South Carolina, its agencies, officers and employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney's fees, arising out of or resulting from withholding information by the State of South Carolina or any of its agencies, that Offeror marked as "confidential" or "trade secret" or https://www.scemd.org/closings/

"PROTECTED". (All references to S.C. Code of Laws.)

SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015)

Unless specifically instructed otherwise in the solicitation, you should submit your offer or modification in accordance with the clause titled "ON-LINE BIDDING INSTRUCTIONS." Paper offers are discouraged. If you must submit a paper offer or modification the following instructions apply. (a) All prices and notations should be printed in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the person signing the bid. Do not modify the solicitation document itself (including bid schedule). (b) (1) All copies of the offer or modification, and any other documents required to be submitted with the offer shall be enclosed in a sealed, opaque envelope or package.

(2) Submit your offer or modification to the address on the Cover Page. (3) The envelope or package must show the time and date specified for opening, the solicitation number, and the name and address of the bidder. If the offer or modification is sent by mail or special delivery service (UPS, Federal Express, etc.), the outermost envelope or wrapper must be labeled "OFFER ENCLOSED" on the face thereof. (c) If you are responding to more than one solicitation, submit each offer in a separate envelope or package. (d) Submit the number of copies indicated on the Cover Page. (e) Facsimile or e-mail offers, modifications, or withdrawals, will not be considered unless authorized by the Solicitation.

[02-2A130-2]

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

Pursuant to Section 12-6-3350, a taxpayer having a contract with this State who subcontracts with a socially and economically disadvantaged small business is eligible for an income tax credit equal to four percent of the payments to that subcontractor for work pursuant to the contract. The subcontractor must be certified as a socially and economically disadvantaged small business as defined in Section 11-35-5010 and regulations pursuant to it. The credit is limited to a maximum of fifty thousand dollars annually. A taxpayer is eligible to claim the credit for ten consecutive taxable years beginning with the taxable year in which the first payment is made to the subcontractor that qualifies for the credit. After the above ten consecutive taxable years, the taxpayer is no longer eligible for the credit.