Amendment one.docx

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Attached to
SCDMH COMVAULT LICENSE State and local contract opportunity
Solicitation number
5400018547
Issued by
Richland County, South Carolina

About this file

This is Amendment No. 1 to Invitation for Bid (IFB) 5400018547, issued by the South Carolina Department of Mental Health (SCDMH) on November 2, 2018, concerning a Comvault License procurement. The amendment modifies several key dates and terms of the original solicitation. The bid opening date has been moved to October 3, 2019 at 3:00 PM, with an award date of October 7, 2019. The contract period runs from October 8, 2019 through October 7, 2024, representing a five-year term. Offerors are required to acknowledge receipt of the amendment through one of four methods: signing and returning the amendment, identifying the amendment number and date on Page Two of their bid, submitting a letter, or indicating receipt within their bid submission. All terms and conditions not specifically modified by this amendment remain unchanged from the original solicitation.

The amendment addresses vendor liability and indemnification clauses, clarifying that third-party resellers of the Comvault product are acceptable bidders. The liability provisions state that neither party will be liable for special, punitive, indirect, incidental, or consequential damages, and that the contractor's total cumulative liability is limited to the total amount of fees paid or payable under the purchase order, except in cases of breach involving personal injury or property damage. These liability terms are acceptable to the extent permitted by South Carolina state law. Prospective bidders are directed to monitor www.procurement.sc.gov for any additional amendments to the solicitation.

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Amendment 2.docx DOCX document
Solicitation.docx DOCX document

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Text version

NOTICE

AMENDMENT No. 1

IFB 5400018547

11/2/18

AMENDMENTS TO SOLICITATION (JAN 2004)

(a) The solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitory the following website for the issuance of Amendments.: www.procurement.sc.gov (b). (b) Offerors should aknowledge receipt of any amendments to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided 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 the same (02-2A005-1)

Solicitation 5400018547 for SCDMH Comvault License is modified as follows with the answers to vendor questions:

1- Is this clause acceptable as we are a third party reseller of this product?

(i) NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA, LOSS OF ANTICIPATED REVENUE OR PROFITS, WORK STOPPAGE OR IMPAIRMENT OF OTHER ASSETS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(ii) TO THE EXTENT PERMITTED BY LAW, EXCEPT IN THE CASE OF BREACH OF EACH VENDOR’S LIABILITY FOR PERSONAL INJURY/PROPERTY DAMAGE UNDER ARTICLE ENTITLED, “GENERAL INDEMNITY”, CONTRACTOR’S TOTAL CUMULATIVE LIABILITY TO THE OTHER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHER THEORY, WILL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID OR PAYABLE BY WCPSS TO CONTRACTOR UNDER THE PURCHASE ORDER WHICH GAVE CAUSE FOR SUCH LIABILITY. This clause is acceptable to the extent allowed under the State of SC laws.

2- Bid opening date modified to: 10/3/19 3:00 PM 3- Award date modified to: 10/7/19 4- Contract dates modified to: 10/8/19 – 10/7/24

Stephen Pullie, CPPB SCDMH Director of Purchasing

File details come from the government source that posted it. Updated .