B2025-0012 Solid Waste Removal.pdf

SAP

Aiken County

School District

Invitation for Bid

Solicitation Number:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

B2025-0012 April 14, 2025 Cyndi Storey

(839) 218-6481 cstorey@acpsd.net

DESCRIPTION: Solid Waste Removal Services

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.

SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:

MAILING ADDRESS:

Aiken County School District 61 Given Street Aiken, SC 29805

QUESTIONS MUST BE RECEIVED BY: April 28, 2025, by 2:00 P.M.

BIDS MUST BE RECEIVED NO LATER THAN 2:00 P.M. on May 13, 2025

NUMBER OF COPIES TO BE SUBMITTED: One (1) original

CONFERENCE TYPE: Not Applicable

DATE & TIME:

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

LOCATION: Not Applicable

AWARD &

AMENDMENTS

Amendments and Awards will be posted on the District’s website at www.acpsd.net (Departments, Procurement). It is the bidder’s responsibility to check for amendments.

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 sixty (60) 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)

PRINTED NAME

(printed name of person signing above)

DATE SIGNED STATE OF INCORPORATION

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

SOUTH CAROLINA MINORITY BUSINESS?

YES _________ NO__________

MINORITY CATEGORY

(Traditional minority, woman, etc.)

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)

PAGE TWO

(Return Pages One and 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 - 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.

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 or the Resident Contractor Preference. 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.

____ In-State Office Address same as Home Office Address ____ In-State Office Address same as Notice Address (check only one)

*DELIVER ALL SUPPLIES/SERVICES FOB DESTINATION TO THE DISTRICT MAILING ADDRESS ABOVE UNLESS

OTHERWISE SPECIFIED HEREIN

End of Page Two

TABLE OF CONTENTS

I. SCOPE OF SOLICITATION 4

II. INSTRUCTIONS TO OFFERORS 4

III. SCOPE OF WORK/SPECIFICATIONS 7

IV. INFORMATION FOR OFFERORS TO SUBMIT 8

V. INFORMATION FOR OFFERORS 8

VI. QUALIFICATIONS 10

VII. AWARD CRITERIA 10

VIII. TERMS AND CONDITIONS 11

IX. BIDDING SCHEDULE 14

X. ATTACHMENTS TO SOLICITATION 16

I. SCOPE OF SOLICITATION

The Aiken County Public School District is soliciting bids for Solid Waste Removal Services.

The Consolidated School District of Aiken County is located in Aiken, South Carolina with approximately 25,000 students and 3,200 full-time employees. The District was established in 1968. The District consists of more than 43 schools, career center and other facilities. More information on the District and its standards can be found on the District’s website at www.acpsd.net.

MAXIMUM CONTRACT PERIOD

Type of Contract: A bottom-line fixed price for supplies/services contract will be awarded.

This will be a one-year contract (From award date) with the option to renew for up to four (4) additional one-year periods if all parties agree.

II. INSTRUCTIONS TO OFFERORS

DEFINITIONS

Except as otherwise provided herein, the following definitions are applicable to all parts of the solicitation:

AMENDMENT means a document issued to supplement the original solicitation document.

BOARD means the School District of Aiken County Board of Trustees.

BUYER means the Procurement Officer.

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 contractor to make changes which the changes clause of the contract authorizes the Procurement Officer to order without the consent of the contractor.

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.

PROCUREMENT OFFICER means the person, or his successor, identified as such on the Cover Page.

YOU and YOUR means Offeror.

SOLICITATION means this document, including all its parts, attachments, and any Amendments.

SUBCONTRACTOR means any person having a contract to perform work or render service to Contractor as a part of the Contractor's agreement arising from this solicitation.

WORK means all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations under the Contract.

DISTRICT CLOSINGS: If an emergency or unanticipated event interrupts normal District processes so that offers cannot be received at the Procurement 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 the District processes resume. In lieu of an automatic extension, an Amendment may be issued to reschedule bid opening. If District offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule the conference.

DRUG FREE WORK PLACE CERTIFICATION: The State of South Carolina has amended Title 44, code of Laws of South Carolina, 1976, relating to health, by adding Chapter 107, so as to enact the Drug-Free Workplace Act. (See Act No. 593, 1990 Acts and Joint Resolutions). By submission of a signed proposal, you are certifying that you will comply with this Act. (See Section 44-107-30)

DUTY TO INQUIRE: 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. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the District’s attention.

ETHICS ACT (CERTIFICATE): 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.

INFORMATION FOR OFFERORS TO SUBMIT: Offeror shall submit a signed Cover Page and should submit all other information and documents requested in solicitation.

PROCUREMENT AUTHROITY: (a) All authority regarding the conduct of 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. (b) Purchasing Liability. The Procurement Officer is an employee of the School District of Aiken County acting on behalf of the District pursuant to their Procurement Code. Any contracts awarded as a result of this procurement are between the Contractor and the School District of Aiken County.

PROCUREMENT CODE AVAILABLE: The School District of Aiken County’s Procurement Code, is available at http://www.acpsd.net/

PROTESTS: (a) Solicitation - Any prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitation or any amendment must protest in writing within fifteen (15) calendar days of the date of issuance of the applicable solicitation or amendment documents. (b) Intent to Award - Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract must contact the Chief Business Official in writing of their intent to protest within seven (7) business days of issuance and must make a formal protest within fifteen (15) calendar days of the date notification of award is posted in accordance with this code. A protest shall be in writing, submitted to the appropriate chief Procurement Officer, and shall set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided. [§ 11-35-4210]

PROTEST – ADDRESS: Any protest must be submitted in writing to Tray Traxler, Chief Financial Officer, 1000 Brookhaven Drive, Aiken, SC 29803

PUBLIC OPENING: 61 Given Street, Aiken, SC 29805

QUESTIONS FROM OFFERORS: (a) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing, either by mail or electronic communication (e-mail). Questions must be received by the Procurement Officer no later than Questions deadline. All Questions will be answered via an Amendment, information will be posted on the District’s website, www.acpsd.net.

REJECTION/CANCELLATION: The District may cancel this solicitation in whole or in part. The District may reject any or all proposals in whole or in part.

SUSPENSION AND DEBARMENT CERTIFICATION:

OMB CIRCULAR A-133 states “non-federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred.”

By responding to this solicitation, you are certifying that your company or principals are not currently under debarment or suspension and is/are not listed on the united states department of education general administrative regulations’ excluded parties list system.

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) 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 District 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.

(Article 5, Section 1520.13)

(c) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price. (Article 5, Section 1520.6.5.5).

(d) Unbalanced Bidding. The District may reject an Offer as nonresponsive if the prices bid are materially unbalanced between line items or sub-line 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 District even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

RESTRICTIONS APPLICABLE TO OFFERORS: Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of the state Ethics Act. (a) After issuance of the solicitation, all communications must be solely with the Procurement Officer. You agree not to discuss this procurement activity in any way with any other District employees, agents or officials. This restriction may be lifted by express written permission from the Procurement Officer. This restriction expires once a contract has been formed.

(b) Unless otherwise approved in writing by the Procurement Officer, you agree not to give anything to any other District employees, agents or officials prior to award.

SAMPLES-TESTING: Free samples may be required for testing by the District’s Facilities staff and/or an independent laboratory. If requested, your failure to provide a sample will result in rejection of your offer. Upon invoice, you agree to pay any reasonable cost incurred for this testing. Unless your sample is accompanied by a request for its return, your sample will not be returned. Your sample may be destroyed during testing.

SIGNING YOUR OFFER: Every Offer must be signed by the 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.

SUBMITTING CONFIDENTIAL INFORMATION: For every document Offeror submits in response to or with regard to this solicitation or 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 Article 1, Section

410. For every document Offeror submits in response to or with regard to this solicitation or 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 Article 5, Section 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, 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 District 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, 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), 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 amount, are subject to public disclosure. In determining whether to release documents, the District 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 School District of Aiken County, its officers and employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney's fees, arising out of or resulting from the District withholding information that Offeror marked as "confidential" or "trade secret" or "PROTECTED". (All references to S.C. Code of Laws.)

SUBMITTING YOUR OFFER OR MODIFICATION: (a) Offers and offer modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) – (1) Addressed to the office specified in the Solicitation;

and (2) Showing the time and date specified for opening, the solicitation number, and the name and address of the offeror. (b) If you are responding to more than one solicitation, each offer must be submitted in a different envelope or package. (c) Each Offeror must submit the number of copies indicated on the Cover Page. (d) Offerors using commercial carrier services shall ensure that the Offer is addressed and marked on the outermost envelope or wrapper as prescribed in paragraphs (a)(1) and (2) of this provision when delivered to the office specified in the Solicitation. (e) Facsimile or e-mail offers, modifications, or withdrawals, will not be considered unless authorized by the Solicitation.

(f) Offers submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation. (g) It is the Offeror’s responsibility to ensure that bids submitted by electronic commerce were received by the Procurement Officer.

UNIT PRICE: Unit price must be shown for each item. In determining award, unit prices will govern over extended prices unless otherwise stated.

WITHDRAWAL OR CORRECTION OF OFFER: Offers may be withdrawn by written notice received at any time before the exact time set for opening. If the Solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for opening. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. The withdrawal and correction of Offers is governed by the District’s Procurement Code.

III. SCOPE OF WORK/SPECIFICATIONS

Aiken County Public School District is soliciting bids for Solid Waste Removal Services in accordance with the specifications provided herein. The District is requesting pricing for the furnishing and placement of solid waste containers and cardboard recycling containers. The service will include the removal and disposal of solid waste and cardboard recycling for the Aiken County Public School District. The current contract will terminate on June 10, 2025. The goal is to establish a contract and ensure services can be fully operational within 6 days to minimize impact to any of our locations.

This contract will include services for future locations with pricing adjustments approved by the Aiken County Public School District.

Containers must be in place at all locations and services ready for use by June 16, 2025.

SCOPE OF WORK:

1. Contractor shall provide a 4, 6 or 8 cubic yard container for solid waste for all locations as specified. All containers must have locking capabilities and pass DHEC inspections.

2. The contractor should also provide one 6-yard container for recycling cardboard per location which will be required emptied weekly at no additional charge.

3. The contractor shall provide one roll-off container for recycling of metal per locations specified which shall be emptied weekly and a percentage of metal sales returned to the District.

4. Waste shall be disposed of under all applicable city, county, state and federal guidelines.

5. Containers must be kept in sanitary and safe condition.

6. Damaged containers must be replaced within 24 hours after the initial request.

7. Cubic yards and/or locations may be added, reduced or eliminated without price penalty.

8. The contractor shall work with the District to adjust services schedules for summer, winter and holidays.

Contractors will be supplied with a summer, winter and spring break schedule.

9. The contractor must empty containers within 24 hours after request.

10. Billing – The District is to be billed, in arrears, once per month in the following format:

Cover sheet with total cost Backup with cost per location and any exceptions noted clearly

11. Vendor must supply with bid, references from three customers of comparable size to Aiken County School District.

12. The awarded bidder must comply with all licensing requirements of Aiken County, the state of South Carolina and any federal licensing requirements.

12. Liability Insurance A. The Contractor shall purchase and maintain with a company or companies, acceptable to the Owner, such insurance as will protect him from claims set forth below which may arise out of, or result from, the Contractor’s operations under the Contract, whether be by himself of by any sub-contractor or by anyone for whose acts any of them may be liable.

1. Claims under worker’s or workmen’s compensation, disability benefit, and other similar employee benefit acts.

2. Claims for damages because of bodily injury, occupational sickness or disease or death of employees.

3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees.

4. Claims for damages insured by usual personal injury liability coverage which are sustained

(1) by any person as a result of an offense directly or indirectly related to the employment of such person by the contractor or

(2) by any other person.

5. Claims for damages other than to the work itself because of injury to or destruction of tangible property, including loss of use resulting there from; and Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle

B. The insurance required by paragraph “A” shall be written for not less than limits of liability specified in the contract documents, or required by law, whichever is greater.

C. Minimum limits of liability for the following types of insurance are required (B.I. = Bodily Injury; P.D. = Property Damage; limits are shown in thousands of dollars

1. Workman’s Compensation, including:

a. Workman’s Compensation Insurance

b. Employer’s Liability

2. Comprehensive General Liability, including:

a. Premises and Operations $1,000,000.00 B.I.; 100 P.D.

b. Contractor’s Protective Liability $1,000,000.00 B.I.; 100 P.D.

c. Products Liability, including completed Operations Coverage $1,000,000.00 B.I.; 100 P.D.

3. Comprehensive Vehicle Liability, including:

a. All owned vehicles

b. $250,000/500,000 B.I.; 100 P.D.

c. Non-owned vehicles 250,000/500,000 B.I.; 100 P.D.

d. Hired vehicle coverage 250,000/500,000 B.I.; 100 P.D.

D. In addition to Contractual Liability including indemnification provision, Bodily Injury and Property Damage coverage under Comprehensive General and Comprehensive Automobile forms shall include “occurrence” basic wording, which means an event or continuous or repeated exposure to conditions which unexpectedly causes injury or damage during policy period.

E. Contractor shall either (a) require each of his subcontractors to procure and maintain during the life of his sub-contract Sub-Contractor’s Comprehensive General Liability, Automobile Liability, and Property Damage Liability Insurance of the type and in the same amounts as specified in this sub-paragraph, or (b) insure the activities of his sub-contractors in his own policy.

F. A copy of a valid Certificate of Insurance acceptable to the Owner shall be Submitted with bid. The Certificate must have the signature of a responsible officer of the insurance company. The Certificate must have valid dates covering the time period that work is to be performed in. The insurance company must be rated no lower than “A” in A.M. Best. The Certificate shall contain a provision that coverage afforded under the policies will not be cancelled until at least thirty days’ prior written notice has been given to the Owner.

General Conditions to be adhered to:

a) The contractor shall provide and maintain constant insurance coverage from an authorized insurance provider.

b) The Contractor shall comply with the Fair Labor Standards Act.

c) The Contractor shall not, under any circumstances, employ anyone at less than the established Federal or

State minimum wage.

d) The contractor shall use skilled persons who are thoroughly trained in the necessary skills. Work persons shall not engage in profanity, indecent acts, stealing, use of alcohol, or use of illegal drugs on the job.

e) Contractor's personnel shall not allow any unauthorized persons on the District's grounds (i.e. children, friends, or any other unauthorized persons). All personnel shall be dressed in an appropriate manner authorized by the contractor.

f) Any employee whose work habits and conduct are deemed objectionable shall be removed from the workforce upon request of the District.

g) The contractor shall repair or replace to the District's satisfaction any damage to the District property.

h) The contractor shall be responsible for training, providing safety equipment, and establishing procedures for the use of equipment and the application of any chemicals to safeguard the contract's employees, and the District's students, staff, faculty, and authorized visitors.

i) The contractor must possess any licenses or certification required for chemical applications where necessary.

j) The contractor shall complete normal service in one day and may be recalled if proper cleanup following grounds maintenance was not completed the previous day to the satisfaction of the District.

k) A list of at least three professional references with similar contracts must submitted along bid. References must include contact information.

Contractor Responsibilities:

Protection of Person and Property: The contractor shall take every precaution necessary to assure the protection of both persons and property while performing under this contract. The contractor shall be responsible for the repair or replacement of any damage caused to District property, utilities, etc. as a result of work performed under this contract at no cost to the governmental entity.

a) Any form of tobacco/smoke products, alcohol and illegal drugs will not be allowed on District property.

b) Guns, knives or any items deemed ‘weapons’ will not be allowed on District property.

c) The contractor must comply with the provisions of the Civil Rights Act of 1964, as amended. They must also comply with all applicable federal, state and local laws and regulations pertaining to wages, hours, and conditions of employment.

d) In accordance with Federal law and U.S. Department of Agriculture policy, the District is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability.

IV. INFORMATION FOR OFFERORS TO SUBMIT

SITE VISITS: The District reserve the right to make site visits to successful contractor’s operation facilities prior to and after award. Site visit may include a walk thru of warehouse and storage facilities and inspection and review of delivery fleet capabilities. Warehouse and vehicles must be clean and free of insects and rodents, and be adequate for storing and delivering products.

Award will be made to the lowest responsive and responsible bidder for an approved brand at the lowest net price.

Should a condition arise where the product originally contracted can no longer be supplied, application for substituting another brand at an equal or lower price must be submitted to the District, and upon approval the substitution will be allowed. Substitution of products not approved by the District may result in the cancellation of this contract. Request for substitutions and out of stock items should be kept to a minimum.

Transmittal of Orders: Order guides (preprinted) shall be furnished by contractor suppliers for recording and/or transmitting orders. The District will work with the awarded vendor to finalize the order process.

V. INFORMATION TO OFFERORS – A. General Instructions

AMENDMENTS TO SOLICITATION: (a) The Solicitation may be amended at any time prior to opening. All amendments will be posted to the District’s website, (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.

AWARD NOTIFICATION: Notice regarding any award or cancellation of award will be posted at the location specified on the Cover Page. If the contract resulting from this Solicitation has a total or potential value of fifty thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation. Should the contract resulting from this Solicitation have a total or potential value of one hundred thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation and any award will not be effective until the eleventh day after such notice is given.

BID/PROPOSAL AS OFFER TO CONTRACT: By submitting Your Bid or Proposal, You are offering to enter into a contract with the District. 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 District. An Offer may be submitted by only one legal entity; “joint bids” are not allowed.

BID ACCEPTANCE PERIOD: In order to withdraw Your Offer after the minimum period specified on the Cover Page, you must notify the Procurement officer in writing.

BID IN ENGLISH and DOLLARS: Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the Solicitation.

BOARD AS PROCUREMENT AGENT: (a) Authorized Agent. All authority regarding the conduct of this procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the only District official authorized to bind the District with regard to this procurement. (b) Purchasing Liability. The Procurement Officer is an employee of the District acting on behalf of the District pursuant to Aiken School District Procurement Code. Any contracts awarded as a result of this procurement are between the Contractor and the District. The Board of Trustees is not a party to such contracts, unless and to the extent that the Board is a using District department, 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: 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 the 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.

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS:

By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that offeror and/or any of its Principals are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency; 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 are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity.

Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

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.

” 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).

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.

If Offeror is unable to certify the above representations, 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.

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 above. 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 business dealings.

The certification 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 District, the Procurement Director may terminate the contract resulting from this solicitation for default.

COMPLETION OF FORMS/CORRECTION OF ERRORS: 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).

DEADLINE FOR SUBMISSION OF OFFER: Any offer received after the Procurement Officer or his/her 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 District’s mail room which services the purchasing office prior to the bid opening.

VI. QUALIFICATIONS

QUALIFICATION OF OFFEROR: To be eligible for award of a contract, a prospective contractor must be responsible. In evaluating an offeror’s responsibility, the District Standards of Responsibility, and information from any other source may be considered. An Offeror must, upon request of the District, furnish satisfactory evidence of its ability to meet all contractual requirements. Unreasonable failure to supply information promptly in connection with a responsibility inquiry may be grounds for determining that you are ineligible to receive an award.

District Standards of Responsibility – Factors to be considered in determining whether the District Standards of Responsibility have been met include whether a prospective contractor has:

a) Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements;

b) a satisfactory record of performance;

c) a satisfactory record of integrity;

d) qualified legally to contract with the District; and

e) supplied all necessary information in connection with the inquiry concerning responsibility.

VII. AWARD CRITERIA

AWARD: Award will be made by item or lot.

UNIT PRICE GOVERNS: In determining award, unit prices will govern over total prices unless otherwise stated.

VIII. TERMS AND CONDITIONS

1. ASSIGNMENT: No contract or its provisions may be assigned, sublet, or transferred without the written consent of the Procurement Officer.

2. PAYMENT TERMS: The Aiken County Public School District adheres to Net 30 days payment terms.

3. BANKRUPTCY: (a) Notice. In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy to School District of Aiken County. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to the bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of all District contracts against which final payment has not been made. This obligation remains in effect until final payment under this Contract. (b) Termination. This contract is voidable and subject to immediate termination by the District upon the contractor’s insolvency, including the filing of proceedings in bankruptcy.

4. CHOICE-OF-LAW: The Agreement, any dispute, claim, or controversy relating to the Agreement, and all the rights and obligations of the parties shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of South Carolina, except its choice of law rules. As used in this paragraph, the term “Agreement” means any transaction or agreement arising out of, relating to, or contemplated by the solicitation.

5. CONTRACT DOCUMENTS & ORDER OF PRECEDENCE: (a) Any contract resulting from this solicitation shall consist of the following documents: (1) a Record of Negotiations, if any, executed by you and the Procurement Officer, (2) documentation regarding the clarification of an offer [Article 5, Section1530. 8], if applicable, (3) the solicitation, as amended, (4) modifications, if any, to your offer, if accepted by the Procurement Officer, (5) your offer, (6) any statement reflecting the District’s final acceptance (a/k/a “award”), and (7) purchase orders. These documents shall be read to be consistent and complimentary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. (b) The terms and conditions of documents (1) through (6) above shall apply notwithstanding any additional or different terms and conditions in either (i) a purchase order or other instrument submitted by the District or (ii) any invoice or other document submitted by Contractor. Except as otherwise allowed herein, the terms and conditions of all such documents shall be void and of no effect.

(c) Any document signed or otherwise agreed to by persons other than the Procurement Officer shall be void and of no effect.

6. DISCUSSIONS WITH BIDDERS: After opening, the Procurement Officer may, in his sole discretion, initiate discussions with you to discuss your bid. Discussions are possible only if your bid is apparently responsive and only for the purpose of clarification to assure your full understanding of the solicitation’s requirements. Any discussions will be documented in writing and shall be included with the bid.

7. DISPUTES: (1) Choice-of-Forum. All disputes, claims, or controversies relating to an Agreement shall be resolved exclusively by the Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common Pleas for, or a federal court in the State of South Carolina. Contractor agrees that any act by School District of Aiken County regarding an Agreement is not a waiver of either the District’s sovereign immunity or immunity under the Eleventh Amendment of the United State’s Constitution. As used in this paragraph, the term “Agreement” means any transaction or agreement arising out of, relating to, or contemplated by this solicitation. (2) Service of Process. Contractor consents that any papers, notices, or process necessary or proper for the initiation or continuation of any disputes, claims, or controversies relating to an Agreement; for any court action in connection therewith; or for the entry of judgment on any award made, may be served on Contractor by certified mail (return receipt requested) addressed to Contractor at the address provided, or by personal service, or by any other manner that is permitted by law, in or outside South Carolina. Notice by certified mail is deemed duly given upon deposit in the United States mail.

8. EQUAL OPPORTUNITY: Contractor is referred to and shall comply with all applicable provisions, if any, of Title 41, Part 60 of the Code of Federal Regulations, including but not limited to Sections 60-1.4, 60-4.2, 60-4.3, 60-250.5(a), and 60-741.5(a), which are hereby incorporated by reference.

9. FALSE CLAIMS: According to the S.C. Code of Laws Section 16-13-240, “a person who by false pretense or representation obtains the signature of a person to a written instrument or obtains from another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud a person of that property is guilty” of a crime.

10. FORCE MAJEURE: The Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the contractor. Such causes may include, but are not restricted to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the contractor.