Dark fiber IFB 1_19_21.docx

SAP

State of South Carolina

Invitation for Bid

Solicitation Number:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400020797 1/15/2021 Michael Thomas, CPPO 803-896-0752 Michael.Thomas@admin.sc.gov 4430 Broad River Road Columbia, South Carolina 29210

DESCRIPTION: Agency Contract for Fiber Services-Lexington 1, Laurens 55 and Orangeburg 5 School Districts

USING GOVERNMENTAL UNIT: Department of Administration, Division of Technology Operations, on behalf of the K-12 School Technology Initiative Committee

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

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

SUBMIT OFFER BY (Opening Date/Time): February 19, 2021 11:00 AM, EST (See "Deadline for Submission of Offer" provision)

QUESTIONS SHALL BE RECEIVED BY: January 25, 2021 12:00 Noon, EST (email questions to : Michael.Thomas@admin.sc.gov )

NUMBER OF COPIES TO BE SUBMITTED: [Refer to page 3]

CONFERENCE TYPE: Not Applicable

DATE & TIME:

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions) LOCATION: Not Applicable

You shall submit a signed copy of this form with Your Offer. By signing, you agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of thirty (30) calendar days after the Opening Date. (See "Signing Your Offer" provision.)

NAME OF OFFEROR

(full legal name of business submitting the offer) Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the Offeror shall 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 shall be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

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

PRINTED NAME

(printed name of person signing above)

STATE OF INCORPORATION

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

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

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

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

PAGE TWO

(Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for Offeror's home office / principal place of business)

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)

_________________________________________________ Area Code - Number - Extension Facsimile

_________________________________________________ E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.) (See "Payment" clause)

____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one) ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders and "Contract Documents" clauses)

____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision)

DISCOUNT FOR PROMPT PAYMENT

(See "Discount for Prompt Payment" clause)

End of PAGE TWO

PAGE THREE

IMPORTANT INFORMATION FOR ALL OFFERORS

All Offerors desiring to respond to this solicitation should register and submit your response online. To respond online, you shall follow the latest South Carolina Enterprise Information System (SCEIS) vendor registration instructions found at the South Carolina Procurement Information Center website address of: https://www.procurement.sc.gov/. Even if you are registered in the old procurement system, you shall still register or update your information in the new SCEIS system. Once the registration process is complete, the system will generate a new SCEIS vendor user id and password. The Offeror shall keep this information current or you will not be able to submit future bids.

OFFERORS ENCOUNTERING REGISTRATION PROBLEMS SHOULD CONTACT:

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

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

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

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

In addition to the offer you submit online, the Offeror shall submit the following:

1. 1 redacted copy of both your Technical and Price response on a USB drive in accordance with the clause titled “Submitting Redacted Offers” located in Section IV of this Solicitation;

2. 1 paper copy of your redacted Technical and Business/Price response.

3. 1 individual copy of your Technical response on a USB Drive identical to that submitted on-line;

4. 1 individual copy of your Business/Price response on a separate USB Drive identical to that submitted online;

5. 1 paper copy of the entire proposal (Technical and Price);

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

Department of Administration Division of Technology Operations Attention: Michael Thomas, CPPO Solicitation number: # 5400020797 4430 Broad River Road Columbia, South Carolina 29210

OFFEROR VERIFICATION OF SUBMITTED RESPONSES

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

1. Go back to the initial screen.

2. Select Start by clicking the Start button.

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

You may want to print this page for your records.

QUALIFYING YOUR BID

ANY OFFEROR WHO TAKES EXCEPTIONS TO TERMS AND CONDITIONS OR OTHERWISE QUALIFIES THEIR BID MAY BE DEEMED NON-RESPONSIVE.

OFFERORS WILL NOT BE GIVEN AN OPPORTUNITY TO CORRECT ANY MATERIAL NONCONFORMITY.

IF YOU QUALIFY YOUR OFFER WITH A STATEMENT LIKE: “THIS IS NOT AN OFFER”, YOU MAY BE DEEMED NON-RESPONSIVE AND ELIMINATED FROM FURTHER CONSIDERATION.

TABLE OF CONTENTS

SCOPE OF SOLICITATION

ACQUIRE SERVICES & SUPPLIES / EQUIPMENT

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

The Division of Technology Operations (DTO), on behalf of the K-12 Technology Initiative Committee (“Committee”), intends to solicit bids from qualified Offerors to provide a cost effective solution for the installation and use of dark fiber services to interconnect schools to participating school district hub facilities. DTO, on behalf of the K-12 Technology Initiative, seeks contract awards (one Contractor per lot) to provide leased lit fiber services and/or leased dark fiber services to schools within the following South Carolina school districts: Lexington 1, Laurens 55 and Orangeburg 5.

The South Carolina K-12 School Technology Initiative Committee was established by the Legislature by Proviso in 1996. This committee instituted the General Assembly's proactive approach to addressing technology infrastructure, connectivity and education in schools throughout the Palmetto State. The Initiative – which is steered by a unique public/private partnership including the S.C. Department of Administration, S.C. Department of Education, S.C. Educational Television, S.C. State Library, S.C. Education Oversight Committee and the private sector represented by AT&T and the S.C. Telecommunications and Broadband Association – guides the distribution of funds appropriated to the Committee by the General Assembly. These funds collectively help to meet the needs of the State’s schools for software, hardware, connectivity, digital content, instructional technologies and professional development.

This Solicitation may appear to have requirements and language that is different from previous contracts covering similar subject matter. Many of these changes are attributed to changes in the E-rate rules relating to school districts that contract for dark fiber services. Appendix A includes information about the E-rate rules related to contracts for fiber services. Appendix A is provided for informational purposes only. Appendix A does not constitute part of this Solicitation and therefore is explicitly excluded from documents constituting the Order of Precedence of this Contract.

This solicitation is comprised of three (3) school districts for which bid proposals are requested. The lots are as follows:

Under the new E-rate rules, school districts shall choose the more cost-effective option between leased dark fiber services and leased lit fiber services. Pursuant to pre-existing E-rate rules pertaining to competitive bidding, leased dark fiber services and lease lit fiber services may each be competed either as a bundled service, or as each of the services that make up their constituent parts. Accordingly, this solicitation contains seven (7) lots for each school district pricing: Lexington 1, Laurens 55 and Orangeburg 5:

Lot 1, Leased Lit Fiber Services inclusive of Special Construction Lot 2, Leased Lit Fiber Services exclusive of Special Construction Lot 3, Leased Lit Fiber Special Construction Lot 4, Leased Dark Fiber Services inclusive of Dark Fiber Leasing, Dark Fiber Maintenance and Operations, and Dark Fiber Special Construction Lot 5, Dark Fiber Leasing Lot 6, Dark Fiber Maintenance and Operations Lot 7, Dark Fiber Special Construction

TELECOMMUNICATIONS AUTHORITY & PROCUREMENT CODE EXEMPTION

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

MAXIMUM CONTRACT PERIOD – ESTIMATED (JAN 2006)

Start date: July 1, 2021 End date: June 30, 2026. Dates provided are estimates only. Any resulting contract will begin on the date specified in the notice of award. See clause entitled "Term of Contract - Effective Date/Initial Contract Period".

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INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

DEFINITIONS, CAPITALIZATION, AND HEADINGS (FEB 2015)

CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE ONLY AND SHALL NOT BE USED TO CONSTRUE MEANING OR INTENT. EVEN IF NOT CAPITALIZED, THE FOLLOWING DEFINITIONS ARE APPLICABLE TO ALL PARTS OF THE SOLICITATION, UNLESS EXPRESSLY PROVIDED OTHERWISE.

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

AVAILABILITY means the percentage of time the access circuit is available for use, providing connectivity for the site measured over a calendar month on a 7x24 basis.

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

CENTRALIZED TROUBLE TICKETING means a centralized, single point of contact mechanism used in an organization to track the detection, reporting, and resolution of any service trouble/problem.

CHANGE MANAGEMENT PROCESS means the approach/process employed to ensure that standardized methods and procedures are used for efficient and prompt handling of all changes, in order to minimize the impact of change-related incidents upon service quality, and consequently improve the day-to-day operations of the organization.

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.

CHRONIC ISSUE means the Contractor fails to comply with a defined requirement in the Contract four (4) or more times at any time during Term of the Contract.

CHRONIC OUTAGE means having four (4) or more outages in a thirty (30) day period.

CONTRACT See clause entitled Contract Documents & Order of Precedence.

CONTRACT MODIFICATION means a written order signed by the procurement officer, directing the Contractor to make changes which the clause of the contract titled “Changes,” if included herein, authorizes the Procurement Officer to order without the consent of the Contractor.

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.

JITTER means the standard deviation of variation in latency from packet to packet. Jitter refers to transmissions across the Contractor’s network.

LATENCY means the average time, measured in milliseconds, required for packet transmission from the customer premise equipment at a service address across the access circuit to the customer premise equipment at another service address on the Contractor’s network.

LOT means one of Lots 1-7 of pricing the school districts listed in this Contract.

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.

NON-RECURRING COSTS or “NRC” is a term-of-art in the E-rate program. Non-Recurring Costs means the upfront, non-recurrent costs associated with provision of services to a new entity or location, exclusive of the costs associated with installation of new fiber to or between eligible entities. NRC and Special Construction are mutually exclusive. As it applies to dark fiber services, NRC do not include network equipment necessary to light dark fiber, nor the services necessary to maintain the dark fiber. If not included in the pricing under Lot 4, charges for lighting the fiber and fiber maintenance are to be bid separately under Lot 7.

OUTAGE means a period of time when services are unavailable.

PACKET DELIVERY means the proportion of packets transmitted from a sender that are received by the intended receiver.

PAGE TWO means the second page of the original solicitation, which is labeled Page Two.

PROCUREMENT OFFICER means the person, or his successor, identified as such on either the Cover Page, an amendment, or an award notice.

QUALITY OF SERVICE means refers to a network’s ability to achieve maximum bandwidth and deal with other network performance elements like latency, error rate and uptime. Quality of service also involves controlling and managing network resources by setting priorities for specific types of data (video, audio, files) on the network.

YOU and YOUR means Offeror.

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

SPECIAL CONSTRUCTION is a term-of-art in the E-rate program. Special Construction means the upfront, non-recurring costs associated with the installation of new fiber to or between eligible entities. The school districts may seek funding for Special Construction charges in connection with leased lit fiber, leased dark fiber, and self-provisioning. Under the E-Rate program, Special Construction charges eligible for Category One support consist of three components: construction of network facilities; design and engineering; and project management. As it applies to dark fiber services, Special Construction does not include network equipment necessary to light dark fiber, nor the services necessary to maintain the dark fiber. If not included in the pricing under Lot 4, charges for lighting the fiber and fiber maintenance are to be bid separately under Lot 7.

STATE means the Using Governmental Unit(s) identified on the Cover Page and as further defined herein.

SUBCONTRACTOR means any person you contract with to perform or provide any part of the work.

TERM or TERM OF THE CONTRACT means the time periods described in the clause titled “TERM OF CONTRACT - EFFECTIVE DATE / INITIAL CONTRACT PERIOD.”

US or WE mean the using governmental unit.

USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. The term “Using Governmental Unit” also includes the Laurens 55 School District, the Orangeburg 5 School District, and the Lexington 1 School District. Each can also be referred to as a “School District.”

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

AMENDMENTS TO SOLICITATION (JAN 2004)

(a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: https://www.procurement.sc.gov

(b) Offerors shall acknowledge receipt of any amendment to this solicitation

(1) by signing and returning the amendment,

(2) by identifying the amendment number and date in the space provided for this purpose on Page Two,

(3) by letter, or

(4) by submitting a bid that indicates in some way that the bidder received the amendment.

(c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

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AUTHORIZED AGENT (FEB 2015)

All authority regarding this procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the only government official authorized to bind the government with regard to this procurement or the resulting contract.

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AWARD NOTIFICATION (FEB 2015)

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

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BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)

By submitting Your Bid or Proposal, You are offering to enter into a contract with the Using Governmental Unit(s). Without further action by either party, a binding contract shall result upon final award. Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror on the Cover Page. An Offer may be submitted by only one legal entity; "joint bids" are not allowed.

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BID ACCEPTANCE PERIOD (JAN 2004)

In order to withdraw Your Offer after the minimum period specified on the Cover Page, You shall notify the Procurement Officer in writing.

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BID IN ENGLISH and DOLLARS (JAN 2004) Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the Solicitation. [02-2A025-1]

DEPARTMENT OF ADMINISTRATION AS PROCUREMENT AGENT

The Procurement Officer is an employee of the Department of Administration acting on behalf of the Using Governmental Unit(s). Any contracts awarded as a result of this procurement are between the Contractor and the Using Governmental Units(s). The Department of Administration is not a party to such contracts, unless and to the extent that the Department of Administration is a using governmental unit and bears no liability for any party’s losses arising out of or relating in any way to the contract.

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)

GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION MAY RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS AND OTHER APPLICABLE LAWS.

(a) By submitting an offer, the Offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror, directly or indirectly, to any other Offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the Offerors organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; or

(2) (i) Has been authorized, in writing, to act as agent for the Offerors 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 Offerors 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 shall furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

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CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS

(a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-

(i) Offeror and/or any of its Principals-

(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency;

(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(D) Are not presently engaged in investment activities in Iran as defined in S.C. Code section 11-57-300 of the Iran Divestment Act of 2014.

(ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any public (Federal, state, or local) entity.

(2) “Principals,” for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

(b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award, Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer shall submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the Offeror’s responsibility. Failure of the Offeror to furnish additional information as requested by the Procurement Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in addition to other remedies available to the State, the Procurement Officer may terminate the contract resulting from this solicitation for default.

DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (FEB 2015)

You warrant and represent that your offer identifies and explains any unfair competitive advantage you may have in competing for the proposed contract and any actual or potential conflicts of interest that may arise from your participation in this competition or your receipt of an award. The two underlying principles are (a) preventing the existence of conflicting roles that might bias a contractor's judgment, and (b) preventing an unfair competitive advantage. If you have an unfair competitive advantage or a conflict of interest, the state may withhold award. Before withholding award on these grounds, an Offeror will be notified of the concerns and provided a reasonable opportunity to respond. Efforts to avoid or mitigate such concerns, including restrictions on future activities, may be considered. Without limiting the foregoing, you represent that your offer identifies any services that relate to either this solicitation or the work and that has already been performed by you, a proposed subcontractor, or an affiliated business of either.

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DEADLINE FOR SUBMISSION OF OFFER

Any offer received after the Procurement Officer of the governmental body or his designee has declared that the time set for opening has arrived, shall be rejected unless the offer has been delivered to the designated purchasing office or the governmental bodies mail room which services that purchasing office prior to the bid opening.

DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)

By submitting an Offer, Contractor certifies that, if awarded a contract, Contractor will comply with all applicable provisions of The Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended.

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DUTY TO INQUIRE (FEB 2015)

Offeror, by submitting an Offer, represents that it has read and understands the Solicitation and that its Offer is made in compliance with the Solicitation. Offerors are expected to examine the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation. Failure to do so will be at the Offeror's risk. All ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation shall be interpreted to require the better quality or greater quantity of work and/or materials, unless otherwise directed by amendment. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the State's attention. See clause entitled “Questions from Offerors.”

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ETHICS CERTIFICATE (MAY 2008)

By submitting an offer, the Offeror certifies that the Offeror has and will comply with, and has not, and will not, induce a person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics act). The following statutes require special attention: Section 8-13-700, regarding use of official position for financial gain; Section 8-13-705, regarding gifts to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance of public official; Sections 8-13-755 and 8-13-760, regarding restrictions on employment by former public official; Section 8-13-775, prohibiting public official with economic interests from acting on contracts; Section 8-13-790, regarding recovery of kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342, regarding restrictions on contributions by contractor to candidate who participated in awarding of contract. The state may rescind any contract and recover all amounts expended as a result of any action taken in violation of this provision. If contractor participates, directly or indirectly, in the evaluation or award of public contracts, including without limitation, change orders or task orders regarding a public contract, contractor shall, if required by law to file such a statement, provide the statement required by Section 8-13-1150 to the procurement officer at the same time the law requires the statement to be filed.

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OMIT TAXES FROM PRICE (JAN 2004)

Do not include any sales or use taxes in Your price that the State may be required to pay.

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OPEN TRADE REPRESENTATION (JUN 2015)

By submitting an Offer, Offeror represents that Offeror is not currently engaged in the boycott of a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code Section 11-35-5300. [02-2A083-1]

PROHIBITED COMMUNICATIONS AND DONATIONS

Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of law.

(a) During the period between publication of the solicitation and final award, you shall not communicate, directly or indirectly, with the Using Governmental Unit or its employees, agents or officials regarding any aspect of this procurement activity, unless otherwise approved in writing by the Procurement Officer. All communications shall be solely with the Procurement Officer.

(b) You represent that your offer discloses any gifts made, directly or through an intermediary, by you or your named subcontractors to or for the benefit of the Using Governmental Unit during the period beginning eighteen months prior to the Opening Date.

PUBLIC OPENING (JAN 2004)

Offers will be publicly opened at the date/time and at the location identified on the Cover Page, or last Amendment, whichever is applicable.

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QUESTIONS FROM OFFERORS

(a) Any prospective Offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., shall request it in writing. Questions regarding the original solicitation or any amendment shall be received by the Procurement Officer no later than five (5) business days prior to opening unless an earlier date is stated on the Cover Page. Label any communication regarding your questions with the name of the procurement officer, and the solicitation's title and number. Oral explanations or instructions will not be binding. Any information given a prospective Offeror concerning a solicitation will be furnished promptly to all other prospective Offerors as an Amendment to the solicitation, if that information is necessary for submitting offers or if the lack of it would be prejudicial to other prospective Offerors. See clause entitled “Duty to Inquire.” We will not identify you in our answer to your question.

(b) The State seeks to permit maximum practicable competition. Offerors are urged to advise the Procurement Officer -- as soon as possible -- regarding any aspect of this procurement, including any aspect of the Solicitation that unnecessarily or inappropriately limits full and open competition.

REJECTION/CANCELLATION

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

RESPONSIVENESS/IMPROPER OFFERS

(a) Bid as Specified. Offers for supplies or services other than those specified will not be considered unless authorized by the Solicitation.

(b) Multiple Offers. Offerors may submit more than one Offer, provided that each Offer has significant differences other than price. Each separate Offer shall satisfy all Solicitation requirements. If this solicitation is an Invitation for Bids, each separate offer shall be submitted as a separate document. If this solicitation is a Request for Proposals, multiple offers may be submitted as one document, provided that you clearly differentiate between each offer and you submit a separate cost proposal for each offer, if applicable.

(c) Responsiveness. Any Offer which fails to conform to the material requirements of the Solicitation may be rejected as nonresponsive. Offers which impose conditions that modify material requirements of the Solicitation may be rejected. If a fixed price is required, an Offer will be rejected if the total possible cost to the State cannot be determined. Offerors will not be given an opportunity to correct any material nonconformity. Any deficiency resulting from a minor informality may be cured or waived at the sole discretion of the Procurement Officer.

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

(e) Unbalanced Bidding. The State may reject an Offer as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the State even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(f) Do not submit bid samples or descriptive literature unless expressly requested. Unsolicited bid samples or descriptive literature will not be examined or tested, will not be used to determine responsiveness, and will not be deemed to vary any of the provisions of the solicitation.

(g)

RESTRICTIONS APPLICABLE TO OFFERORS (JAN 2004

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, you agree not to discuss this procurement activity in any way with the Using Governmental Unit or its employees, agents or officials. All communications shall be solely with the Procurement Officer. 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 Using Governmental Unit or its employees, agents or officials prior to award.

[02-2A110-1]

SIGNING YOUR OFFER (JAN 2004)

Every Offer shall be signed by an individual with actual authority to bind the Offeror.

(a) If the Offeror is an individual, the Offer shall be signed by that individual. If the Offeror is an individual doing business as a firm, the Offer shall 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 shall 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 shall 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 venture involving any combination of individuals, partnerships, or corporations. If the Offeror is a joint venture, the Offer shall 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 shall state that is has been signed by an Agent. Upon request, Offeror shall provide proof of the agent's authorization to bind the principal.

[02-2A115-1]

STATE OFFICE CLOSINGS (JAN 2004)

If an emergency or unanticipated event interrupts normal government processes so that offers cannot be received at the government office designated for receipt of bids by the exact time specified in the solicitation, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal government processes resume. In lieu of an automatic extension, an Amendment may be issued to reschedule bid opening. If state offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule the conference. Useful information may be available at: https://www.scemd.org/closings.

[02-2A120-2]

SUBMITTING CONFIDENTIAL INFORMATION

(An overview is available at https://www.procurement .sc.gov) For every document Offeror submits in response to or with regard to this solicitation or request, Offeror shall 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.

For every document Offeror submits in response to or with regard to this solicitation or request, Offeror shall 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 shall separately mark with the word "PROTECTED" every page, or portion thereof.

All markings shall 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 State may, in its sole discretion, determine it nonresponsive. If only portions of a page are subject to some protection, do not mark the entire page.

By submitting a response to this solicitation or request, 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 State will detrimentally rely on Offeror's marking of documents, as required by these bidding instructions, as being either "Confidential" or "Trade Secret" or "PROTECTED". By submitting a response, Offeror agrees to defend, indemnify and hold harmless the State of South Carolina, its agencies, officers and employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney's fees, arising out of or resulting from withholding information by the State of South Carolina or any of its agencies, that Offeror marked as "confidential" or "trade secret" or "PROTECTED".

SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015):

Unless specifically instructed otherwise in the solicitation, you should submit your offer or modification in accordance with the clause titled “ON-LINE BIDDING INSTRUCTIONS.” Paper offers are discouraged. If you shall submit a paper offer or modification the following instructions apply.

(a) All prices and notations should be printed in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the person signing the bid. Do not modify the solicitation document itself (including bid schedule).

(b) (1) All copies of the offer or modification, and any other documents required to be submitted with the offer shall be enclosed in a sealed, opaque envelope or package.

(2) Submit your offer or modification to the address on the Cover Page.

(3) The envelope or package shall show the time and date specified for opening, the solicitation number, and the name and address of the bidder. If the offer or modification is sent by mail or special delivery service (UPS, Federal Express, etc.), the outermost envelope or wrapper shall be labeled "OFFER ENCLOSED" on the face thereof.

(c) If you are responding to more than one solicitation, submit each offer in a separate envelope or package.

(d) Submit the number of copies indicated on the Cover Page.

(e) Facsimile or e-mail offers, modifications, or withdrawals, will not be considered unless authorized by the Solicitation.

[02-2A130-2]

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

Pursuant to Section 12-6-3350, a taxpayer having a contract with this State who subcontracts with a socially and economically disadvantaged small business is eligible for an income tax credit equal to four percent of the payments to that subcontractor for work pursuant to the contract.