Background_Check_and_Screening_Services.pdf

RFP #26042

Greenville County Issue Date: October 24, 2025

Procurement Services Division Opening Date: November 5, 2025

BACKGROUND CHECK AND SCREENING

SERVICES

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https:// procurement.opengov.com/portal/greenvillecounty/greenvillecounty

Robert Brewer, NIGP-CPP, CPPO, CPPB

Procurement Services Division Director https://secure.procurenow.com/portal/%7bproject.government.code%7d

Greenville County

Background Check and Screening Services

I. Public Notice II. Introduction

III. Scope of Work IV. Instructions to Offerors V. General Information

VI. Insurance VII. Evaluation Phases

VIII. Terms and Conditions IX. Sample Contract X. Vendor Questionnaire

Attachments:

A - COG Sub W9

B - Sample Services Agreement

Title: Background Check and Screening Services

1. Public Notice

Greenville County is soliciting sealed proposals in response to Background Check and Screening Services, subject to the conditions and all provisions set forth herein and attached. Sealed proposals will be received through the County’s online procurement portal located at https://procurement.opengov.com/portal/greenvillecounty until Wednesday, November 5, 2025, 3:00 pm, then publicly opened. The goods and/or services must be furnished as described and specified herein and submitted to Greenville County.

All inquiries regarding this proposal shall be submitted no later than Thursday, October 30, 2025, 5:00 pm via the County’s online procurement Portal, located at https://procurement.opengov.com/portal/greenvillecounty. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the County’s online procurement Portal. Offerors may also click “Follow” on this proposal to receive an email notification when answers are posted. It is the responsibility of the Offeror to check the website for answers to inquiries.

https://secure.procurenow.com/portal/greenvillecounty

2. Introduction

2.1. Summary

The County of Greenville is seeking sealed proposals from companies to provide background checks and screening services. This will be a one (1) year contract with up to four (4) optional annual renewals. The

County reserves the right to award to one or multiple vendors.

2.2. Contact Information

Bob Brewer

Procurement Director

301 University Ridge

Suite N-2400

Greenville, SC 29601

Email: rbrewer@greenvillecounty.org

Phone: (864) 467-7200

Department:

PROCUREMENT SERVICES

2.3. Timeline

Release Project Date(Non-Mandatory) October 24, 2025

Question Submission Deadline(Non-

Mandatory)

October 30, 2025, 5:00pm

Proposal Submission Deadline(Non-

Mandatory)

November 5, 2025, 3:00pm

Review of Proposals(Non-Mandatory) November 5 - 21, 2025

Tentative Date of Award(Non-Mandatory) November 21, 2025

Contract Negotiations(Non-Mandatory) November 24 - December 5, 2025

Issue Notice to Proceed(Non-Mandatory) December 8, 2025 mailto:rbrewer@greenvillecounty.org tel:(864)467-7200

3. Scope of Work

3.1. Scope of Work

The County does an estimated of over 1000 background checks per year that includes Full and Part time employees and volunteer services for different departments throughout the County. The Contractor shall, at a minimum, provide the following criminal background checks. The County reserves the right to add any checks that may be required at a later date under the US Patriot Act or other federal/state/local laws/regulations.

A. A basic 7-year or extended 10-year criminal conviction background checks including national, state and local jurisdictions. Local jurisdictions include all counties/states where the applicant resided in the relevant look-back period based on the applicant's assertion and the results of an

SSN trace. Due to the nature of some positions, our Parks, recreation and Tourism department may request research as far back as records exist.

B. SSN Verification

C. E-Verify

D. Verification of Highest Attained Education

E. Verification of Relevant Certification(s)

F. Verification of Professional License(s)

G. Employment Verification (10 years)

H. Misdemeanor Convictions

I. Sex Offender Registry (National)

J. Office of Inspector General

K. General Services Administration (GSA) list of excluded individuals/entities

L. Federal District Criminal Records Check

M. Government Watch/Patriot Act Search

N. Office of Foreign Assets Control (OFAC) Terrorist Search

O. MVR/Driving Records - Not all candidates will be required to have this check

P. Professional References - Minimum of two (2)

3.2. Management Administration, Reporting and Recordkeeping

Definitions

Note: in the context of this document, the following definitions apply:

BGI: Background Investigation, also known as a background check.

Candidate: An individual under consideration for engagement (as a contractor or volunteer), employment, promotion, or otherwise has need of a background check.

Contractor: The entity conducting the background investigation.

User: The County employee who orders a background check on behalf of a given department.

Contractor shall:

A. Design, implement, and manage all aspects of BGIs, including but not limited to record keeping, reporting in accordance with federal regulations and/or agency policies.

B. Maintain user security according to the following requirements:

1. A designated Super User shall have responsibility for authorizing/deauthorizing individuals’ access to the system.

2. Users of the system will be added by the Super User. Users may access only those reports for candidates relevant to the user’s job function. A User will be associated with one department code for billing purposes.

3. System access must employ, at minimum, two-factor authentication and end-to-end encryption.

C. Create and maintain effective, legally compliant communication process for candidates:

1. Manage the adverse action process in keeping with the requirements of the Fair Credit

Reporting Act, or other federal, state or local laws or ordinances.

2. Give direction and guidance to candidates who have an adverse action report. (E.g. Verify accuracy of report, provide information on how to expunge record, etc.).

D. Develop and maintain a secure order process that allows Users to:

1. Communicate to the BGI Provider the contact information of the candidate so the Provider may initiate the BGI process.

2. Securely upload all documents (application, resume, licenses, certifications, etc.) relevant to the BGI.

3. Select pre-determined background checks based on profiles provided by the County.

Additional elements must be available from a menu depending on the specific requirements of a role.

4. Indicate the department to which the cost of the BGI should be charged.

E. Maintain an effective reporting process:

1. A confidential means to share reports with requesting users.

2. A mechanism to categorize and summarize reports (“Pending”, “Complete-clean” vs.

“Complete-adverse” or other nomenclature); and to utilize such mechanism to flag, highlight or otherwise communicate the results to authorized user for the County.

3. A means for users to remotely access reports, with the ability to print copies as needed.

4. A storage system so that authorized users may access past reports as needed.

5. A full report listing all checks that were performed, and the results (either positive or negative.).

6. For positive results, the summary shall contain the charges, dates, and disposition of charges.

7. Reports shall have a summary cover sheet indicating positive and/or negative results for each category.

8. Reports that contain two (2) or more pages should include identifying information (name, social security number, and date of birth) on all pages.

9. Monthly statistical reports of all BGIs by location and type, with monthly and annual totals of positive and negative tests in each category, if requested by the County. These reports must be provided/transmitted on no less than a quarterly basis and annually in compliance with County requirements.

10. Candidates shall be provided access to electronic copies of their results as needed, and in accordance with applicable regulations.

F. Provide reports in a timely manner:

1. Provide criminal background reports within 48-72 hours unless prior approval from County is given for unforeseen circumstances.

G. Provide a simple accounting process to ensure departments are charged correctly:

1. Provide a billing method acceptable to individual County users that will meet their specific needs. The process may include billing separate departments within the County. Submit monthly invoices reflecting fees for background screenings any other services provided that are specified in the contract. The invoice must specify the name of person, screening date, social security number/employee number. The results shall not appear on the invoice. The invoices must reflect services provided for the month being billed.

H. Ensure excellent Customer Care:

1. The Contractor will assign a specific and knowledgeable customer service representative and provide rapid response to questions/concerns. This representative must manage the account including billing questions, resolving service questions or problems from any source, and must act as liaison between the County and the Contractor.

2. The Contractor must provide a toll-free number for both the County and candidates undergoing screening.

4. Instructions to Offerors

4.1. Pre-Proposal Meeting

A Pre-Proposal meeting is not scheduled for this project.

4.2. Pricing

Vendors should submit pricing based on their rate system.

Pricing must be based upon payment in thirty (30) days. Discounts for payment in less than thirty (30) days will not be considered in making award.

Discounts shall be stated in proposals as a percentage. Time in connection with discount offered will be computed from date of delivery of commodities to carrier, when inspecting and acceptance is at point of origin; or date of delivery at destination; or if laboratory inspection is made part of bid, from date of laboratory report.

Unit pricing will govern over extended pricing, unless stated otherwise. Pricing shall include packing.

Unless indicated by County, pricing must be firm.

4.3. Bonding

Bonding will not be required for this project.

4.4. Statement of Qualifications

Vendor shall include the following with their response:

A. Overview of company background.

B. Corporate/individual qualifications and experiences, including certifications.

C. List of at least three (3) references including names, addresses, and telephone numbers of current or previous customers. Vendor should include any South Carolina governmental entity reference.

D. Methodology of company's process to meet the needs of the services.

E. Vendors system information and examples of the system process.

4.5. Submission Procedures and Requirements

A. All submissions must be received by Wednesday, November 5, 2025 at 3:00 pm. Submissions will not be accepted after the deadline. There will be no exceptions. Responders submitting proposals shall be responsible for all cost of preparing such proposals. Information requested and not received at the time of submission may disqualify the submitted proposal.

B. Responders to this solicitation shall closely examine the specific requirements noted herein and the attached Terms and Conditions. Facsimile transmittals, hard copies, emails or offers communicated by telephone will not be accepted or considered.

C. Proposals shall be organized in the following manner with the subject headings and sequence indicated.

1. Introduction

2. Experience and Past Performance

3. Organization and Personnel

4. Proposed Solution(s)

5. References

6. Pricing, Hourly Rates and Other Fees

7. Other Information Requested

D. License and Permits – The Contractor shall obtain all applicable licenses and permits, and promptly pay all taxes required by the State of South Carolina, and/or Greenville County.

4.6. Inquiries and Addenda

Offerors shall submit all inquiries regarding this RFP via the County’s online procurement Portal, located at https://procurement.opengov.com/portal/greenvillecounty. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the County’s online procurement Portal. Offerors may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. The County will not be responsible for or bound by any oral instructions made by any employee(s) of the County in regard to this RFP.

Addenda Notification: This RFP represents the most definite statement Greenville County will make concerning information upon which proposals are to be based. Offerors are required to register for an account via the County’s online procurement Portal hosted by OpenGov. Once you have completed the registration, you will receive addenda notifications to your email by clicking “Follow” on this project.

Ultimately, it is sole responsibility of each proposer to periodically check the site for any addenda at https://procurement.opengov.com/portal/greenvillecounty. No addenda will be issued later than five

(5) working days prior to the date for receipt for proposals except an addendum which, if necessary, postpones the date for receipt of proposals or cancels this RFP. Vendors shall acknowledge receipt of all addenda.

5. General Information

A. Proprietary Information – The County of Greenville is a public body and governed by the South

Carolina Freedom of Information Act. Documents submitted to the County relating to this

Solicitation are subject to requirements of the Freedom of Information Act and may be deemed public records.

B. Errors and Omissions – The Responder will not be allowed to take advantage of any errors or omissions in the Request for Proposals. Where errors or omissions appear in the RFP, the

Responder shall promptly notify the County of Greenville in writing of such error or omission it discovers. Any significant error, omission and/or inconsistency in the specifications are to be reported as soon as possible but no later than five (5) days before such time the response is to be submitted.

C. Withdrawal of Proposal – An official representative of a Responder may withdraw a

Responder’s response at any time prior to the proposal submission deadline. Acceptable proof establishing that he/she is the representative of the Responder must be provided.

D. Non-Endorsement – If the County awards a contract, the successful Responder shall not issue any news release or other statement relating to the award or servicing of the agreement which state or imply the County of Greenville’s endorsement of the successful Responder’s services.

6. Insurance

6.1. Insurance Requirements

The contractor is responsible for and must have all required insurance listed below and shall not commence work under the associated contract until it has obtained all insurance required, and the

County has approved such insurance in writing, nor shall the Contractor allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained. All insurance policies shall be maintained for the life of the contract.

A. THE COUNTY SHALL BE NAMED AS “ADDITIONAL INSURED” FOR ITS INTERESTon all policies of insurance except Worker’s Compensation, Automobile Liability, and Professional Errors and

Omissions, as regards ongoing operations, products and completed operations, and this shall be noted on the face of the Certificate of Insurance. As a part of the certificate of insurance requirement the contractor shall also include acknowledgement and acceptance of the wavier of subrogation provision granted to Greenville County. This acknowledgement and acceptance should be included in the same section of the Certificate of Insurance that evidences the

“Additional Insured” provision.

B. Certificates for all such policies of insurance shall be provided by the Contractor's insurance agent or broker to the County within 10 working days from the date of Notice of Award.

C. All Certificates of Insurance submitted shall provide on the face of the certificate reference to

County's RFP #RFP #26042.

D. Contractor will provide County a minimum of 30 days advance notice in the event the insurance policies (or an insurance policy) are canceled. Subcontractors approved to perform work on this project are subject to all of the requirements in this Section.

E. Contractor agrees to maintain and keep in force during the life of this Agreement, with a company or companies authorized to do business in South Carolina, the following insurance policies:

1. Comprehensive General Liability:

a. $1,000,000 per occurrence - combined single limit /

b. $2,000,000 general aggregate, to include products and completed operations.

2. Automobile Liability:

a. $1,000,000 per occurrence - combined single limit (Coverage shall include bodily injury and property damage and cover all vehicles including owned, non-owned and hired)

3. Statutory Worker's Compensation:

a. Coverage A - State of SC

b. Coverage B - Employers liability

i. $1,000,000 Each Accident

ii. $1,000,000 Disease, Per Employee

iii. $1,000,000 Disease, Policy Limit

c. Policies shall contain a waiver of subrogation in favor of and/or that applies to

Greenville County, its departments, agencies, boards, employees, and commissions for losses from work performed by or on behalf of the contractor.

No deviation from this coverage’s will be accepted unless, in the County’s sole discretion, it is more advantageous to the County, i.e., $1,000,000 - a $2,000,000 or $5,000,000 limit would be acceptable.

7. Evaluation Phases

The proposals will be evaluated on the following criteria. Greenville County reserves the right to interview responders or have demonstrations to this RFP at its discretion. Greenville County will not be responsible for any costs associated with interviews of responders or demonstrations. If interviews or demonstrations are needed, a second phase of the evaluation process may be implemented at the

County's discretion.

7.1. Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Responsiveness to the RFP 0-5 Points 5 (16.7% of Total)

2. Experience with projects of similar scope and size 0-5 Points 5

(16.7% of Total)

3. Cost 0-5 Points 5 (16.7% of Total)

4. References 0-5 Points 5 (16.7% of Total)

5. Methodology 0-5 Points 5 (16.7% of Total)

6. System process and ease of use 0-5 Points 5 (16.7% of Total)

7.2. Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Interview and Demonstration of System 0-10 Points 10 (100% of Total)

8. Terms and Conditions

8.1. Safety, Health, and Security

Contractor shall be solely responsible for its activities, that of its employees on the site and activities of its consultants, contractors and/or subcontractors for maintaining a safe job site. Contractor’s activities and activities of its consultants, contractors and/or subcontractors shall comply with all local, state, and federal safety regulations and their enforcement agencies. Contractor shall at all times conduct its operations under this Contract in a manner to avoid risk of endangerment to the health and safety of persons and property. The Contractor shall have sole responsibility for implementing its safety and health programs, taking all safety and health precautions necessary and continuously inspecting all equipment, materials and work to prevent, discover, determine and correct any conditions which might result in personal injury, equipment damage or damage to property or the public. Contractor’s safety, health and security programs shall be in compliance with all regulatory requirements and shall furnish accident, incident, injury, and other records and reports required by the Occupational Safety and Health

Administration, State and Local laws, or by the County.

8.2. Response Opening and Award:

Responses shall be publicly opened and only the names of the offerors disclosed at the opening. For

IFBs, the name of the responder as well as the price will be disclosed. However, no decision will be made until Procurement Services and the user Division have had ample time to review each response. Award will be made at the earliest possible date. The County reserves the right to award in whole or in part, by item, group of items, geographic area or by section where such action serves the County’s best interest.

The contract will be awarded to the response that meets the requirements and criteria set forth in the

Solicitation. No response may be withdrawn for a period of sixty (60) days after the opening date.

Submissions will not be accepted after the deadline. There will be no exceptions. By submission of a response, you are guaranteeing that all goods and services meet the requirement of the solicitation during the contract period.

8.3. Rights Reserved by Greenville County:

Greenville County reserves the right to reject any and all responses, any portion thereof, and waive any technicalities. Accordingly, the right is reserved to make awards in the best interest of the County.

Integrity, reputation, experience and past performance will be heavily weighed in response evaluation.

This solicitation does not commit the County of Greenville to award a contract, to pay any costs incurred in the preparation of the response, or to procure or contract for goods or services listed herein.

8.4. Responders Qualification:

Responders must, upon request of the County, furnish satisfactory evidence of their ability to furnish products or services in accordance with the terms and conditions of these specifications. The County reserves the right to make the final determination as to the responder’s ability to provide the products or services requested herein.

8.5. Responders Responsibility:

Each responder shall be fully acquainted with the conditions relating to the scope and restrictions attending the execution of the work under the conditions of this response. It is expected that this will sometimes require on-site observation. The failure or omission of a responder to be acquainted with existing conditions shall in no way relieve the responder of any obligations with respect to this response or to any contract as a result of this response.

8.6. References:

The County requires responders to list at least three (3) references including their company name, name of contact, address, telephone number, and email address of contact person with whom the responder has performed or provided similar work, service or product. The reference may be contacted to fill out a short questionnaire on the work with that company. If the reference does not complete the questionnaire by the time requested, the County may ask the responder to give an alternate reference.

The County asks that responders do not list County representatives or departments as a reference.

8.7. Waiver:

The County reserves the right to waive any Instructions to Responders, General or Special Terms and

Conditions, specifications, or technicalities when it is deemed to be in the best interest of the County to do so.

8.8. Rejection:

Greenville County reserves the right to reject any response that contains prices for individual items or services that are inconsistent or unrealistic when compared to pricing of like responses; or ambiguous responses which are uncertain as to terms, delivery, quantity, or compliance with specifications may be rejected or otherwise disregarded if such action is in the best interest of the County.

8.9. Response Signature and Solicitation Alterations:

The responder shall sign the response correctly or the response may be rejected. If the response shows any omissions, alteration of form, unauthorized additions, a conditional response or any irregularities of any kind, the response may be rejected.

8.10. Specification Changes, Additions and Deletions:

Responders are required to register for an account via the County’s online procurement Portal hosted by OpenGov. Once responder has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each responder to periodically check the site for any addenda at https://procurement.opengov.com/portal/greenvillecounty.

The County of Greenville shall not be responsible for any verbal information given by any employees of the County of Greenville in regard to this proposal.

8.11. Response Changes:

Responses, amendments thereto or withdrawal requests received after the advertised time for response opening, shall be void regardless of when they were submitted.

8.12. Response Price:

The price presented as a result of these specifications shall be for the contract period. The response shall be acceptable for sixty (60) days from the date of opening. All prices and notations shall be printed in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the person signing the response. Erasures or use of typewriter correction fluids may be cause for rejection. No response shall be altered or amended after specified time for opening.

8.13. Federal, State and Local Laws:

The contractor assumes full responsibility and liability for compliance with any and all local, state and federal laws and regulations applicable to the contractor and its employees including, but not limited to, compliance with the EEO guidelines, the Occupational Safety and Health Act of 1970, and minimum wage guidelines.

8.14. Tie Bids:

In the case of tie bids, the County reserves the right to make the award based on the factors outlined in

Section 7-305(9) of the Greenville County Code of Ordinance (Chapter 7, Article VIII), or in what it considers to be in the best interest of the County.

8.15. Deduction and Holdbacks:

In addition to the County’s right of termination, the County shall be entitled to full reimbursement for any costs incurred by the County by reason of the contractor’s failure to perform or to satisfactorily perform its responsibilities and duties. Such costs may include, but are not limited to, the cost of using the County’s employees or employees of any other entity to perform the obligations of the contract. The

County may obtain any such reimbursement by deduction from payments otherwise due to the contractor or by any other proper and lawful means. All deductions from any money due the contractor are to be as liquidated damages and not as a penalty. It is the County’s intent to give the contractor a reasonable opportunity whenever practicable, to correct any such failure to perform or satisfactorily perform its responsibilities and duties. In no circumstances shall any uncorrected situation extend for more than five days. The County will make the following deductions from the contract sum in the event that the contractor fails to perform any of the required work within the required time limits in the event the County carries out the work using its forces or another contractor.

A. For use of County’s forces – actual cost involved.

B. For use of another contractor – the amount charged by said contractor.

The County reserves the right to hold back and/or withhold part of complete payments for unsatisfactory work, deficiencies, etc. until said defects are satisfactorily corrected or cleared.

8.16. Evaluation Criteria:

The proposals will be evaluated using the criteria listed in the Evaluation Phases included in this RFP.

Greenville County reserves the right to interview responders or ask for demonstrations to this RFP at its discretion. Greenville County will not be responsible for any costs associated with interviews of responders or demonstrations.

8.17. Quality:

Unless otherwise indicated in this solicitation it is understood and agreed that any items offered or shipped on this solicitation shall be new and in first class condition unless otherwise indicated herein.

8.18. Affirmative Action - Small, Disadvantaged and Minority Businesses (SDMB):

A. Vendors submitting responses are encouraged to solicit small, disadvantaged and minority businesses participation in fulfilling their contract. Indicate in your response any SDMB areas of involvement for monitoring purposes.

B. The successful vendor will take affirmative action in complying with all Federal and State requirements concerning fair employment and treatment of all employees, without regard or discrimination by reason of race, color, religion, age, sex, national origin or physical handicap.

8.19. Default:

In case of default by vendor the County may procure the item or services from other sources and may recover the loss occasioned thereby from any unpaid balance due the vendor or by proceeding against the vendor’s performance bond, if any, and/or by suit against vendor.

8.20. Termination for Cause:

Any awarded contract is subject to termination for failure to comply with the specifications, terms and conditions by the County or the contractor upon written notice by registered mail. Such termination will be effective not less than ten (10) days nor more than sixty (60) days after receipt of such notice from the County nor less than thirty (30) days nor more than sixty (60) days after receipt by the County from the contractor. Receipt of notice by one party to terminate the contract will nullify any subsequent reciprocal notice by the receiving party prior to the announced termination date. In the event of termination, the County shall be responsible to pay the contractor only for work satisfactorily completed upon the effective date of termination and shall not be responsible for any other charges.

8.21. Termination for Convenience:

Greenville County may terminate for convenience any contract resulting from this solicitation by providing sixty (60) calendar days advance written notice to the vendor.

8.22. Non-Appropriation:

Any contract entered into by the County resulting from this solicitation shall be subject to cancellation without damages or further obligation when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period or appropriated year.

https://secure.procurenow.com/portal/greenvillecounty/projects/208903/document?section=1955070

8.23. Incorporation of Proposal into Contract:

The terms, conditions, and specifications of this proposal and the selected firm’s response are to be incorporated, in total, into the contract.

8.24. S.C. Law Clause:

Upon award of contract under this response, the person, partnership, association or corporation to whom the award is made must comply with the laws of South Carolina which require such person or entity to be authorized and/or licensed to do business with this State. Notwithstanding the fact that applicable statutes may exempt or exclude the successful bidder from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed response, the responder understands and agrees to be bound to the jurisdiction and process of the courts of the State of South Carolina, as to all matters and conflicts or future conflicts under the contract and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the

State.

8.25. Illegal Immigration Reform Act Compliance:

By submitting an offer, Contractor certifies that it will comply with the applicable requirements of Title

8, Chapter 14 of the South Carolina Code of Laws (originally enacted as Section 3 of The South Carolina

Illegal Immigration Reform Act , 2008 S.C. Act No. 280) and agrees to provide upon request any documentation required to establish either: (a) the applicability of Title 8, Chapter 14 to Contractor and any subcontractors or sub-subcontractors; or (b) the compliance with Title 8, Chapter 14 by Contractor and any subcontractor or sub-subcontractor. Pursuant to Section 8-14-60, “A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.” Contractor agrees to include in any contracts with its subcontractors language requiring the subcontractors to (a) comply with the applicable requirements of

Title 8, Chapter 14, and (b) include in any contracts with the sub-subcontractors language requiring the sub- subcontractor to comply with the applicable requirements of Title 8, Chapter 14. In the event any contractor, subcontractor and/or sub-subcontractor is found not to be in compliance with the SC

Immigration Reform Act [hereinafter "The Act"], the contractor agrees to fully indemnify the County for any loss suffered by the County as a result of such contractor, subcontractor or sub-subcontractor's failure to comply with the Act.

8.26. Assignment Clause:

Successful responder will be required to give the County ninety (90) days’ notice in the event of a change in the ownership of this contract. The County is under no obligation to continue this contract with an assignee. No contract or its provisions may be assigned, sublet, or transferred without the written consent of the County.

8.27. Indemnification:

Contractor agrees to defend, indemnify and save harmless the County and all County officers, agents and employees from and against any loss, damage, claim or action, including all expenses incidental to such claim and action, to the extent arising from any negligent acts or omissions by Contractor, its agents, staff, consultants and contractors employed by it, in the performance of the services under this

Agreement. Contractor shall not be responsible for any loss, damage, or liability to the extent arising from acts of the County, its agents, staff, and other consultants employed by it.

8.28. Deviations from Specifications:

Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and successful responder will be held responsible therefore. Deviations must be explained in detail on separate attached sheets(s). The listing of deviations, if any, is required but will not be construed as waiving any requirements of the specifications. Deviations found in the evaluation of the response and not listed may be cause for rejection. Responders offering substitute or equal items must provide information sufficient enough to determine acceptability of item offered.

8.29. Minor Deviations:

The County reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected vendor.

8.30. Contractor License Requirement:

The contractor shall procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of his business. Contractor shall keep fully informed of existing and future Federal, State, and Local Laws, ordinances and regulations which in any manner affect the fulfillment of his contract and shall comply with the same.

8.31. Conflict of Interest Statement:

The contractor may become involved in situations where a conflict of interest could occur due to individual or organizational activities within the County. The vendor, by submitting a response, is in essence assuring the County that the company, and/or subcontractors, is in compliance with all federal, state, and local conflict of interest laws, statutes, and regulations.

8.32. Contracts:

The County reserves the option to prepare and negotiate its own contract with the vendor, giving due consideration to the stipulations of the vendor’s contracts and associated legal documents. Vendors should include with their submittal a copy of any proposed standard contract.

8.33. Contractor Liability:

The contractor assumes full responsibility for all injuries to, or death of any person and for all damage to property, including property and employees of the County and for all claims, losses or expense which may in any way arise out of the performance of the work, whether caused by negligence or otherwise;

and the contractor shall indemnify and save the County harmless from all claims, losses, expense, or suits for any such injuries, death or damages to property, and from all liens, losses, expenses, claims or causes of action of any sort which may arise out of the performance of the work, and shall defend, on behalf of the County and suit brought against the County for attorney’s fees and for all other expenses incurred by the County in connection with or as a result of any such suit, claims, or loss. Under no circumstances and with no exception will Greenville County act as arbitrator between the contractor and any subcontractor. The contractor will be solely responsible for compliance with building code requirements, all dimensions, and all conditions relating to his work under this contract. Workmanship shall be first quality in every respect. All measures necessary to ensure a first class job shall be taken.

8.34. Sub-Contracting:

The contractor shall not subcontract any portion of this contract without proper written approval from the County.

8.35. Non-Collusion:

The contractor expressly warrants and certifies that neither the Contractor nor its employees or associates has directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in conjunction with this response.

8.36. Prohibition of Gratuities:

Neither the contractor nor any person, firm or corporation employed by the contractor in the performance of the contract shall offer or give, directly or indirectly, to any employee or agent of the

County, any gift, money, or anything of value, or promise any obligations, or contract for future reward or compensation at any time during the term of this contract.

8.37. Publicity Releases:

Contractor agrees not to refer to the award of this contract in commercial advertising in such a manner as to state or imply that the products or services provided are endorsed or preferred by the user. The contractor shall not have the right to include the County’s name in its published list of customers without prior approval of the County. With regard to news releases, only the name of the County, type and duration of contract may be used and then only with prior approval of the County. The contractor also agrees not to publish, or cite in any form, any comments or quotes from the County Staff unless it is a direct quote from the Public Information Officer.

8.38. Public Record:

The County of Greenville is a public body and governed by the South Carolina Freedom of Information

Act. Documents submitted to the County relating to this Solicitation are subject to requirements of the

Freedom of Information Act and may be deemed public records.

8.39. Precedence:

In the event of conflict between the terms and conditions and the specifications, the more restrictive instruction shall take precedence unless stated otherwise in the specifications.

8.40. Compliance With Prison Rape Elimination Act (PREA):

By submitting an offer, Contractor certifies that it will comply with the applicable requirements of The

Prison Rape Elimination Act of 2003 and agrees to provide or submit the needed information to (a) examine the criminal history of Contractor or any subcontractor who will perform services, which result in contact with inmates and (b) Contractor agrees to disclose any information regarding past history of allegations of sexual harassment or sexual abuse by Contractor or any subcontractor. Contractor and subcontractor agree to complete Training provided by the County and sign an acknowledgement of understanding of PREA requirements. In the event the Contractor or any subcontractor is found not to be in compliance with PREA, the Contractor agrees to fully indemnify the County for any loss suffered by the County as a result of such Contractor or subcontractor’s failure to comply with the Act.

8.41. Americans with Disabilities Act -

All work shall be compliant with the full intent of all ADA (Title II) guidelines for accessibility, play components and design. The Department of Justice's regulation implementing Title II, subtitle A, of the

ADA applies to State and local government entities, and protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities. Further, all Local and County code compliances regarding ADA must be met.

For additional information on ADA compliance, refer to (ADA.gov).

8.42. Asbestos Management Plan:

Contractor, contractor’s employees or any subcontractors will not introduce asbestos containing materials into any County of Greenville facility and will certify at the end of project that all materials used are free and clear of asbestos containing materials. Further, will provide a MSDS for all products utilized and installed in County of Greenville facilities.

Failure by Contractor, Contractor’s employees or any subcontractor to comply with the County of

Greenville Asbestos Plan and / or any governing agency’s regulations may result in work stoppage, dismissal of individual workers, and/or termination of contract and in addition risk potential citations issued by the governing agencies for violations. It is the responsibility of the contractor to:

A. Review the Asbestos Inspection Reports for the facilities for which they are providing services, provide contractor’s employees and subcontractors notification of ACM

B. Provide proof of asbestos training, medical examinations, proper PPE (when necessary)

C. Provide proper licenses, permits, and certifications

D. Comply with all federal, state and local regulations

E. Provide proof of and/or copies of required records upon request of the County of Greenville when necessary

F. Provide a Safety Data Sheet (SDS) for all products installed in County Facilities.

9. Sample Contract

The County reserves the option to prepare and negotiate its own contract with the vendor, giving due consideration to the stipulations of the vendor’s contracts and associated legal documents. Vendors should include with their submittal a copy of any proposed standard contract.

A sample contract is attached for review in the Attachments Section. This sample consists of the

County's minimum terms and conditions. Responders must review the solicitation for any other terms and conditions that may be added for this project, such as insurance requirements, payment schedule, contract term, etc. Any exceptions by the responder must be included with the uploaded response.

10. Vendor Questionnaire

10.1. Illegal Immigration Reform Act Compliance*

By submitting an offer, Contractor certifies that it will comply with the applicable requirements of Title

8, Chapter 14 of the South Carolina Code of Laws (originally enacted as Section 3 of The South Carolina

Illegal Immigration Reform Act , 2008 S.C. Act No. 280) and agrees to provide upon request any documentation required to establish either: (a) the applicability of Title 8, Chapter 14 to Contractor and any subcontractors or sub-subcontractors; or (b) the compliance with Title 8, Chapter 14 by Contractor and any subcontractor or sub-subcontractor. Pursuant to Section 8-14-60, “A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.” Contractor agrees to include in any contracts with its subcontractors language requiring the subcontractors to (a) comply with the applicable requirements of

Title 8, Chapter 14, and (b) include in any contracts with the sub-subcontractors language requiring the sub- subcontractor to comply with the applicable requirements of Title 8, Chapter 14. In the event any contractor, subcontractor and/or sub-subcontractor is found not to be in compliance with the SC

Immigration Reform Act [hereinafter "The Act"], the contractor agrees to fully indemnify the County for any loss suffered by the County as a result of such contractor, subcontractor or sub-subcontractor's failure to comply with the Act.

☐ Please confirm

*Response required

10.2. S.C. Law Clause*

Upon award of contract under this response, the person, partnership, association or corporation to whom the award is made must comply with the laws of South Carolina which require such person or entity to be authorized and/or licensed to do business with this State. Notwithstanding the fact that applicable statutes may exempt or exclude the successful bidder from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed response, the responder understands and agrees to be bound to the jurisdiction and process of the courts of the State of South Carolina, as to all matters and conflicts or future conflicts under the contract and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the

State.

☐ Please confirm

*Response required

10.3. Conflict of Interest Statement*

The contractor may become involved in situations where a conflict of interest could occur due to individual or organizational activities within the County. The vendor, by submitting a response, is in essence assuring the County that the company, and/or subcontractors, is in compliance with all federal, state, and local conflict of interest laws, statutes, and regulations.

☐ Please confirm

*Response required

10.4. Non-Collusion*

The contractor expressly warrants and certifies that neither the Contractor nor its employees or associates has directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in conjunction with this response.

☐ Please confirm

*Response required

10.5. Compliance With Prison Rape Elimination Act (PREA)*

By submitting an offer, Contractor certifies that it will comply with the applicable requirements of The

Prison Rape Elimination Act of 2003 and agrees to provide or submit the needed information to (a) examine the criminal history of Contractor or any subcontractor who will perform services, which result in contact with inmates and (b) Contractor agrees to disclose any information regarding past history of allegations of sexual harassment or sexual abuse by Contractor or any subcontractor. Contractor and subcontractor agree to complete Training provided by the County and sign an acknowledgement of understanding of PREA requirements. In the event the Contractor or any subcontractor is found not to be in compliance with PREA, the Contractor agrees to fully indemnify the County for any loss suffered by the County as a result of such Contractor or subcontractor’s failure to comply with the Act.

☐ Please confirm

*Response required

10.6. County of Greenville Substitute W9 Form*

Please upload your COG Substitute W-9 form found in the Attachments Section. Please complete all sections including the Services Provided section of the form. The IRS W9 Form will not be accepted.

*Response required

10.7. Response Upload*

Vendors shall upload their proposal information for the RFP.

*Response required

10.8. Redacted Response

If your submission contains confidential information, please upload a redacted version here. It will be the sole discretion of the County to approve any redacted information.

10.9. Acknowledgement and Acceptance of Terms and Conditions of the Solicitation*

Explanatory Note: The purpose of this question is to confirm the responder’s or offeror’s acknowledgement and acceptance of the terms and conditions of the Solicitation, subject to any exceptions, deviations or modifications to terms or conditions that are expressly requested in the following or that have been requested and approved prior to submission of the Offer. All exceptions, deviations or modifications to the Solicitation, regardless of whether the County approved such items prior to submission of the Offer, must be clearly set forth in this question.

A response of "No" will mean the Offeror takes no exceptions or modifications to the terms and conditions of this solicitation.

A response of "Yes" will mean the Offeror takes exceptions or modifications to the terms and conditions of this solicitation. A response of "Yes" will open another question for any exceptions or modifications to be detailed.

☐ Yes

☐ No

*Response required

When equals "Yes"

10.9.1. Details of any exceptions or modifications of the Terms and Conditions If there are any exceptions, deviations or modifications, please indicate those clearly by referencing the specific language.

If there are multiple exceptions, the Offeror may respond with "Please see details in response."

These details must be included in the uploaded response.

(Note: Unacceptable exceptions shall remove the proposal from consideration for award. Greenville

County Procurement Division shall be the sole judge on the acceptance of exceptions, deviations or modifications and the decision shall be final.)

10.10. References

10.10.1. References*

The County requires responders to list at least three (3) references including their company name, name of contact, address, telephone number, and email address of contact person with whom the responder has performed or provided similar work, service or product. The reference may be contacted to fill out a short questionnaire on the work with that company. If the reference does not complete the questionnaire by the time requested, the County may ask the responder to give an alternate reference.

The County may also ask for additional references if needed.

The County asks that responders do not list Greenville County representatives or departments as a reference.

References MUST be formatted as the following:

Contact Name

Contact email address

Contact Phone Number

Company Name, Address

Project Title of similar work, service or product

10.11. Small, Disadvantaged and Minority Businesses

Is your agency certified as a Small,…