Disaster_Logistics_Support_Services.pdf

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REQUEST FOR PROPOSAL

No. 2026-04

Disaster Logistics Support Services

Publish Date July 11, 2025

Last Day for Questions July 25, 2025, 5:00pm

Proposal Due Date August 12, 2025, 2:00pm

Table Of Contents

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Introduction/Purpose

1.2. Background

1.3. Scope of Work

1.4. Bonding

1.5. Safety, Health, and Security

1.6. Contractor Liability

2. SECTION TWO: PROPOSAL FORMAT AND EVALUATION CRITERIA

2.1. Proposal Format

2.2. Evaluation Process and Criteria Information

2.3. Evaluation Criteria

3. SECTION THREE: SPECIAL INSTRUCTIONS AND SOLICITATION-SPECIFIC

TERMS

3.1. Written Questions Deadline

3.2. Proposal Submittal Process

3.3. Proposal Submittal Deadline

3.4. Term of Agreement

3.5. Payment to Contractor

3.6. Shipping and Deliveries

3.7. Permits and Licenses

3.8. Additional Information and Inquiries

4. SECTION FOUR: TERMS AND CONDITIONS

4.1. Preparation, Submission and Withdrawal of Proposals

4.2. Non-Collusion Oath

4.3. Proposer Representations

4.4. Award of Contract

4.5. Notice of Award of Contract

4.6. Contract Document

4.7. Modification

4.8. Notice to Proceed

4.9. Proposer's Qualifications

4.10. Subcontractors

4.11. Indemnification

4.12. Termination

4.13. State and Local Taxes

4.14. Drug-Free Workplace Act

4.15. Insurance Requirements

4.16. Utilization by Other Public Agencies Clause

4.17. All County Departments Eligible to Purchase

4.18. Confidential Information

4.19. Intellectual Property

5. SECTION FIVE: SAMPLE CONTRACT

5.1. Sample Agreement

6. SECTION SIX: REQUIRED ATTACHMENTS, FORMS, AND INFORMATION

6.1. Vendor Questionnaire

6.2. Attachments and Exhibits

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Introduction/Purpose

Dorchester County is soliciting proposals for Disaster Logistics Support Services. The proposer must be a qualified, licensed, bonded, and insured contractor and exist for the purpose of providing equipment, personnel, technical and logistical support, and project management services. The selected firm(s) shall be required to provide the necessary resources to adequately support disaster response operations in

Dorchester County.

1.2. Background

A disaster in Dorchester County, regardless of cause (natural, man-made, or technological), will require a large response to mitigate the effects on lives and property, to assist the affected population, and to ensure essential necessities of life are delivered in a timely and effective manner.

Dorchester County seeks to contract the services of a qualified licensed, bonded, and insured contractor to provide services associated with Disaster Logistics Support and for the purpose of providing equipment, personnel, technical support, logistical support, and project management resources to perform disaster related operations and support. The selected firm shall be required to provide the necessary resources to adequately support disaster operations throughout Dorchester County. Assistance shall include planning, coordination, resource procurement and accountability, logistics, warehousing, maintenance and equipment. Timelines or suspense times indicated are not negotiable. For other areas where timelines or suspense times may be applicable or not mentioned, the contractor may provide timelines as a part of their proposal.

1.3. Scope of Work

1.3.1. Intention

It is the County's intent to:

1. Pre-establish immediate and non-immediate services that may be required in the event of a disaster.

2. Award a one (1) year term contract, with an option for up to four (4) one (1) year extensions, which shall commence immediately upon the County’s approval and signing of the contract. Each one (1) year extension shall be agreed upon, in writing, by each party prior to the expiration date of the current contract that is in effect. Should any active individual project extend beyond the expiration date of the contract, the project agreement shall be extended until the project has been satisfactorily and successfully completed and accepted. The County reserves the right to award to one or multiple vendors.

The awarded contract shall not be considered exclusive, and Dorchester County retains the right to obtain similar services from additional Contractors. The Contractor may be called upon throughout the contract term to render services to assist the County with special needs and events for other than full- scale disasters.

The County, at its sole discretion, may expand the scope of services to include additional requirements.

The County reserves the right to investigate, as it deems necessary, to determine the ability of any firm to perform the work or services requested. Information that the County deems necessary in order to make a determination shall be provided by the firms upon request.

Proposers shall possess all permits, licenses, certifications, approvals, equipment, materials, and staff necessary to perform and/or carry out the requirements of this solicitation.

1.3.2. Specifications

The selected contractor will develop a comprehensive plan to provide resources and logistical support to

Dorchester County upon the direction of Dorchester County Emergency Management. Program work elements will include but are not limited to:

A. Provide technical assistance and logistics support to Dorchester County Emergency Management across the full spectrum of response operations. Provide qualified operators and technical personnel to perform all required activities in a manner that is both expedient and cost efficient consistent with the best interests of Dorchester County. Provided services/resources would include equipment, site management, unit installation, unit maintenance, deactivation and staging operations for, but not limited to, the following:

1. Logistical Support

2. Emergency/Relief Workforce Housing and Sustenance

3. Preposition Contracting

4. Site Preparation for Temporary Housing

5. Transportation – Equipment/Materials Transfer/Storage

6. Generator Packages for Critical Public Facilities

7. Portable Lighting

8. Emergency Pumps and Piping

9. Refrigeration Trucks

10. Fuel Supply for Response and Recovery Operations

11. Emergency Satellite Communications (IP Telephone)

12. Portable Toilets

13. Forklifts

14. Water/Moisture/Mold Remediation and Tear-out for Public Facilities

15. Portable Modular Living Quarters, Galleys, Bathroom Facilities, Laundry Units, Offices, Command

Centers, First Aid/Medical Units

16. Conex Style Storage Unit

17. Box Trucks

18. Portable Potable Water Storage

19. Tents

20. Decontamination Clean-up of Contractor Equipment and Contractor Sites

21. Community Points of Distribution (ACE Model) Equipment, Manpower, and Logistics for site operations, and material for distribution (Bottled Water, Ice, Tarps, Meals Ready to Eat)

22. Donations Management

23. Wildland and Urban Firefighting Equipment, Materials, and Personal Protective Equipment

24. Planning Support

B. Emergency Materials/Supplies (Initial order with delivery to designated County storage sites within 24 hours after receipt of order). Note: Provide all necessary and adequate material handling equipment

(MHE) to fit/fill the County's needs. Dorchester County reserves the right to modify its order for supplies, materials, equipment, and manpower support based on the severity of an emergency and after the needs of the public are determined.

1. Bottled Water: Initial emergency order should be 5 trucks (53-ft trailer, 20 pallets minimum per truck, minimum 16-oz bottles).

2. Ice: Initial emergency order should be 5 trucks (53-ft trailer, 20 pallets minimum per truck, minimum 8-lb bags).

3. Tarps: Initial emergency order should be 5000 (20'x25' minimum size per tarp).

4. Portable Power Generators: Initial emergency order should be (2) 100 kW; (1) 250 kW; (4) 300 kW; (6) 500 kW; (1) 600 kW and include installation, maintenance, and all power cables for hookup and sufficient fuel for a minimum of 72 hours of continuous operation.

5. Meals Ready to Eat (MRE): Initial emergency order should be 3 trucks (53-ft trailer, minimum 1,812 cases).

6.

C. Contractor shall have the ability to:

1. Have agreed upon predefined rapid response packages (strike force) of personnel and equipment on-site within 8 hours of notification, and fully operational within 24 hours, to provide initial technical assistance and coordination of operations.

2. Establish a warehouse in Dorchester County that is no less than 10,000 sq. ft. with racking preferred, within 120 hours of notification.

3. Provide professional personnel resources, in amounts required by the situation, for tasking support.

4. Provide documentation of criminal background checks for project management/technical staff if requested by the County.

5. Provide staff, in the amounts required by the situation, for sustained long-term operations.

6. Procure resources through available means, including cash on-hand, wire transfers, and other methods permissible for emergency procurement.

7. Maintain the capability to be self-sufficient in all essential operational needs, including but not limited to housing, food, communications, internet connectivity, and fuel, for the duration of the performance period or as otherwise required during emergency or contingency operations.

D. Contractor shall have the ability to scale operations as needed, based on the situation and approval of

Dorchester County Emergency Management.

E. Provide Dorchester County Emergency Management with daily reports detailing, but not limited to, both government and non-government furnished items, number of items handled, number of items in staging, number of items in use, location of items in use, items installed at county, commercial and private sites, and total costs encumbered to date including maintenance and personnel costs.

F. Contractor participation in telephone conference calls to coordinate with the Dorchester County

Emergency Management as needed.

G. Contractor will provide a single point of contact to be present in the Emergency Operations Center or designated location specified by the County, to facilitate planning and coordination between the

Contractor and Dorchester County. Dorchester County will assign a designated representative to coordinate with the Contractor’s liaison regarding all resource requests.

H. Coordinate with designated representatives at the Dorchester County Emergency Operations Center, Mobilization Sites and County Staging Areas when activated.

I. Contractor agrees to provide documentation of services for reimbursement in a manner that is compliant with applicable funding sources to include federal funding requirements and to provide additional documentation required to support the incurred expenses within thirty (30) calendar days of the request.

Note: Dorchester County reserves the right to modify its request for emergency support services based the severity of the emergency and the needs of the public are determined.

1.3.3. Post Award Requirements

After the contract has been awarded, the selected Contractor shall develop an initial presentation that provides:

A. An overview briefing to the Dorchester County Emergency Management and other staff deemed necessary.

B. The Contractor shall provide electronic and hard copies of the presentations to Dorchester County

Emergency Managements including all handout materials.

C. The Contractor will be prepared to make their presentation within sixty (60) days upon award of this contract.

D. The Contractor shall coordinate contact information with appropriate representatives of Dorchester

County Emergency Management staff. Contact information will include names, telephone numbers, and email addresses for the agency and the contractor.

1.4. Bonding

A Bid Bond is not required for this project; however, Performance and Payment Bonding will be required for the contract once an event is declared, and services are activated.

1.5. 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.

1.6. 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 Dorchester 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.

2. SECTION TWO: PROPOSAL FORMAT AND EVALUATION CRITERIA

2.1. Proposal Format

Each firm must submit its proposal based on the guidelines below and in the same order as listed. The proposal format requirements were developed to aid Offerors in their proposal development; they also provide a structured format, so reviewers can systematically evaluate several proposals. These directions apply to all proposals submitted.

A. Cover Letter (Include in Submission):

o Company or corporation name, street and mailing addresses, the responsible officer(s) of the firm.

Indicate the type of company (i.e. Sole Proprietor, Corporation, Limited Liability Corporation, Partnership etc.)

o Overview of company background.

o Names of all owners and/or corporate officers.

o Identify contact person and provide telephone, fax, email address.

o Date and state of incorporation (if applicable).

o Signature of company officer(s) authorized to obligate the firm.

o Summary of contractor’s ability to perform services as described within the RFP.

o Statement of the contractor’s intent to enter into a contract with Dorchester County, if selected.

B. Experience (Include in Submission):

o Contractor must furnish satisfactory evidence of its ability to furnish products or services in accordance with this RFP.

o The Contractor’s company shall be currently engaged in emergency disaster logistics services on a full-time basis, year-round, for a minimum of five (5) years, with dedicated management and administrative support staff, in-house employees and company-owned equipment. The Contractor may supplement in-house resources with private individuals or companies. The Contractor shall have the financial strength to assume extensive and large expenditures.

o Identify the Contractor’s personnel who will be dedicated to the project and provide resumes indicating their qualifications and experience.

C. Proposed Solutions (Include in Submission):

o Statement of the Contractor’s proposed approach and schedule to accomplish the tasks as set forth in the Scope of Work including response times for travel, initial set-up, and starting of a project or service.

o Detailed item-by-item response to each specific element in the scope of work.

D. Cost Proposal (Separate Upload in Vendor Questionnaire):

o Include project management rates and fees required for professional services and all related expenses necessary to accomplish the requirements in the Scope of Work section. List management costs as a separate cost item associated with the cost for each supply item, material, and subcontractor service

E. Required Forms Packet (Included in Vendor Questionnaire)

2.2. Evaluation Process and Criteria Information

To be initially selected, the Proposal(s) must be considered responsive by the Purchasing Services

Manager. Failure to submit all required information may be grounds the designation of the proposal as nonresponsive, unless waived by the Purchasing Services Manager.

After the conditions outlined above are met, Proposer(s) will be scored based on the quality of the response to this RFP.

Vendors are encouraged to review the Evaluation Criteria to see how proposals will be scored and verify that the response has sufficient documentation to support each criterion identified.

The County will select the offer that represents the best value to the County based on a comparative analysis and an integrated assessment of proposals against all source selection criteria in the solicitation.

Dorchester County reserves full discretion to determine the competence and responsibility, professionally and/or financially, of vendors. Vendors are to provide in a timely manner any and all information that the

County may deem necessary to make a decision.

Any and all exceptions taken by the Proposer must be listed and prominently displayed in proposal materials.

The County reserves the right to request Proposer(s) to appear for an additional presentation followed by a question-and-answer period, in order to further evaluate qualifications. The additional presentations, if any, will be scored and combined with prior scoring to determine the successful Proposer. The County is not obligated to accept the lowest cost proposal. The County may also award to Consultant other than the highest ranked proposer if the price submitted by that proposer is more than the budget available for the project. If made, the award will go to the Proposer providing the most responsive, responsible proposal that provides the best overall value and service to the County.

The Purchasing Services Division may contact any vendor in order to clarify uncertainties or eliminate confusion concerning contents of a proposal.

The Evaluation Team may contact any customer of the vendor, whether or not included in the vendor’s reference list, and use such information in the evaluation process.

2.3. Evaluation Criteria

A. Selection Committee

The Selection Committee shall be comprised of staff from Dorchester County and Dorchester County

Emergency Management and facilitated by the Purchasing Services Manager. The Committee shall determine the firms which meet the minimum requirements pursuant to the selection criteria of the RFP and procedures. The Committee may negotiate with one or more firms during the same period and may, at its discretion, terminate negotiations with any or all firms. The Committee shall make a recommendation regarding the award to the County Administrator.

B. Proposal Selection Criteria

The Selection Committee shall assign up to the maximum number of points as stated in this section for each evaluation item to each of the proposing firms. All assignments of points shall be at the sole discretion of the Committee. All instructions contained in this RFP shall be met in order to qualify as a responsive and responsible firm and participate in the consideration for award. Offerors who do not meet or comply with the instructions of this RFP may be considered non-conforming and deemed non-responsive and subject to disqualification at the sole discretion of the Committee.

The selection of the firm(s) will be made in accordance with the Dorchester County Procurement

Ordinance. Proposals will not be accepted from any firm, company, individual, person or party, parent, or subsidiary, against which the County has an outstanding claim, or a financial dispute relating to a prior contractual performance with the County. Proposals may be withdrawn by offeror prior to, but not after, the time set for the opening. Upon receipt by the County, the Proposal shall become the property of the County, without compensation to the offeror, for disposition or usage by the County at its discretion. The County shall have the sole discretion in evaluating both the proposal and the qualifications of the offerors. The County reserves the right to reject any and all proposals and is not bound to accept any proposals, if the acceptance is contrary to the best interest of the County. The

County reserves the right to waive or modify any information, irregularity, or inconsistency in proposals received or request modification to proposals from any or all offerors during the review. The Proposal

Review Committee may contact any customer of the vendor, whether or not included in the vendor’s reference list, and use such information in the evaluation process. All proposals shall be evaluated using the same criteria and scoring process.

Each criterion will be rated on a scale of 0-5 according to the table below:

Scale Description

0 Unacceptable. The proposal fails to address the criterion or cannot be assessed as a result of missing or incomplete information.

1 Poor. The criterion is inadequately addressed, or there are serious weaknesses.

2 Fair. The proposal broadly addresses the criterion, but there are significant weaknesses.

3 Good. The proposal addresses the criterion well, but a number of shortcomings are present.

4 Very Good. The proposal addresses the criterion very well, but a small number of shortcomings are present.

5 Excellent. The proposal successfully addresses all relevant aspects of the criterion. Any shortcomings are minor.

The following criteria shall be used by the Committee to evaluate Qualification Statements:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Responsiveness to RPF

Degree to which the proposal addresses all elements of the RFP, including completeness, organization, and adherence to submission requirements. Proposals should demonstrate a clear understanding of the scope of work, include all required documentation, and comply with formatting and submission instructions.

0-5 Points 20 (20% of Total)

2. Proposed Approach/Methodology

Quality and feasibility of the proposed plan to deliver the requested services. Includes response time commitments, logistics strategy, staffing approach, scalability, and the ability to maintain self-sufficiency during disaster operations. Proposals should detail the contractor’s ability to meet critical timelines and resource deployment requirements.

0-5 Points 20 (20% of Total)

3. Experience/Qualifications

Relevant background and qualifications of the firm and key personnel. Evaluators will consider experience in similar emergency logistics support projects, availability of resources, certifications, and the ability to manage high-volume, time-sensitive deployments.

0-5 Points 20 (20% of Total)

4. Cost

Cost effectiveness and transparency of the proposed pricing. Evaluation will consider clarity of itemized costs for supplies and services, reasonableness of rates, and value offered to the County. Cost proposals should distinguish between base rates, management fees, and item-specific charges.

0-5 Points 20 (20% of Total)

5. References

Quality and relevance of references provided.

Consideration will be given to feedback from current or past clients regarding the contractor’s reliability, professionalism, responsiveness, and successful performance on comparable projects.

Preference may be given to references from government entities or large-scale disaster response operations.

0-5 Points 20 (20% of Total)

3. SECTION THREE: SPECIAL INSTRUCTIONS AND SOLICITATION-

SPECIFIC TERMS

3.1. Written Questions Deadline

The last day and time for submittal of written questions shall be no later than Friday, July 25, 2025 at

5:00 pm.

3.2. Proposal Submittal Process

Proposals must be submitted electronically through the OpenGov Procurement Portal. County Proposals may be found by visiting the following link:

3.3. Proposal Submittal Deadline

Proposals will be received until Tuesday, August 12, 2025 at 2:00 pm, after which time they will be evaluated. Late proposals will not be accepted.

3.4. Term of Agreement

The term of the contract will be one (1) year with up to four additional one-year terms.

3.5. Payment to Contractor

Payment shall be due within thirty (30) days of approved invoices.

3.6. Shipping and Deliveries

Shipping terms shall be F.O.B. Destination. 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.

3.7. Permits and Licenses

The successful Respondent shall, without additional expense to the County, be responsible for obtaining and maintaining all necessary licenses and permits required by the State of South Carolina, a municipality or the County or any other authority having jurisdiction.

3.8. Additional Information and Inquiries

Questions or clarifications concerning this invitation should be posted to the solicitation on the OpenGov

Procurement Portal at the link provided above, or only directed by email to Rebecca Dantzler at

RDantzler@DorchesterCountySC.gov. Contact with other County personnel during the proposal process may result in a determination of non-responsiveness for any proposal submitted by your firm.

mailto:RDantzler@DorchesterCountySC.gov

4. SECTION FOUR: TERMS AND CONDITIONS

4.1. Preparation, Submission and Withdrawal of Proposals

A. Proposals must be submitted in the manner described in the RFP documents

B. Proposals must be electronically submitted via the OpenGov website; however, Dorchester County is not responsible if proposals are not received due to website or user errors.

C. Proposals submitted after the due date and time are considered late proposals and will not be opened or considered.

D. Proposals may be withdrawn by written request received from the Proposer prior to the time set for opening of proposal, but not thereafter.

E. Proposers shall promptly notify the Dorchester County Purchasing Office, in writing, and no later than the last date and time for the submittal of written questions, of any ambiguity, inconsistency or error which they may discover upon examination of the RFP documents or the project premises and local conditions.

F. Proposers requiring clarification or interpretation of the RFP documents shall make a written request which must be received at the Dorchester County Purchasing Office no later than the last date and time for submittal of written questions.

G. Any interpretation, correction or change of the RFP documents will be made by addendum. It is the proposer’s responsibility to monitor the OpenGov Procurement Portal at https://procurement.opengov.com/portal/dorchestercountysc for any additional information, revisions, or addenda that may be posted.

H. No substitutions will be considered after the Contract award except by amendment or change order.

4.2. Non-Collusion Oath

A. Every proposal must be accompanied by a notarized affidavit of non-collusion, executed by the Proposer or in the case of a corporation, by a duly authorized representative of said corporation. The Non-

Collusion Oath is provided herein.

4.3. Proposer Representations

A. Each Proposer by submitting a proposal represents that:

1. The Proposer has read and understands this RFP (including all specifications and attachments) and that their proposal is made in accordance therewith.

2. The Proposer has reviewed the RFP, has become familiar with the local conditions under which the

Work is to be performed, and has correlated personal observations with the requirements of the proposed Contract Documents.

3. The proposal is based on the terms, services, materials, systems, and equipment required by this

RFP, without exception.

4. The Proposer is qualified to provide the services and equipment required under this RFP and, if awarded the Contract, will do so in a professional, timely manner using Proposer's best skill and attention.

4.4. Award of Contract

A. Award of Contract will be made to the responsive and responsible proposer(s) whose proposal, conforming to the RFP, is most advantageous to the County, price and other factors considered. The

County reserves the right to make multiple awards based on the capacity of each Proposer.

B. The County reserves the right to 1) reject any or all proposals and any part of a proposal; 2) waive informalities, technical defects, and minor irregularities in proposals received; and 3) award the proposal(s) received on the basis of individual items or services or groups of items or services or the entire list of items or services.

C. The County shall be the sole judge of the suitability of the items or services to be provided pursuant to this RFP.

D. The County reserves the right to request the contractor/vendor’s latest financial statements and other such additional information as may be reasonably necessary to determine whether the contractor/vendor should be awarded the contract.

E. For debriefings, protests and appeals after the award of a contract, contractors are advised to consult the

Procurement Policy Manual located on the Dorchester County website at:

www.dorchestercountysc.gov/purchasing.

4.5. Notice of Award of Contract

A. The successful Proposer will be notified of acceptance of proposal by a written Letter of Intent to Award the contract. The successful Proposer shall not undertake any work, and the County will not be responsible for payment for any work whatsoever undertaken by successful Proposer prior to execution of the contract by both parties.

B. The successful Proposer shall be required to submit acceptable Insurance Certificate(s) and

Endorsement(s) within Five (5) Business Days after the issuance of the Notice of Award.

4.6. Contract Document

A. The successful Proposer shall be required to execute a formal contract within Ten (10) business days after issuance of a Letter of Intent to Award.

B. Said Contract shall be virtually identical in substance and form to the Sample Contract contained herein.

The only anticipated changes will be to include additional exhibits, to fill in the blanks to identify the successful Proposer, and terms relating to compensation, or to revise the contract to accommodate corrections, changes in the scope of work, or changes pursuant to addenda issued prior to the proposal opening.

https://www.dorchestercountysc.gov/purchasing

C. Because the signed contract will be substantively and substantially derived from the Sample Contract, Proposer is urged to seek independent legal counsel as to any questions about the terms, conditions or provisions contained in the Sample Contract, before submitting a proposal. Again, the Sample Contract, contains important legal provisions and is considered part and parcel of this RFP.

D. Proposers should raise any questions regarding the terms of the Contract, or submit requested changes in said terms, in the form of written questions or submittals, subject to the deadline for questions and should include on their Exceptions form.

E. Failure or refusal to sign aforesaid Contract shall be grounds for the County to revoke any Letter of

Intent to Award which has been issued, for the proposer to forfeit their proposal security, and for the

County to award the Contract to another Proposer.

4.7. Modification

A. The County has defined this section in the Sample Contract.

4.8. Notice to Proceed

A. A Notice to Proceed will be in the form of a purchase order after the successful Proposer has executed the Contract and has submitted acceptable performance and payment bonds (if applicable) to the County as well as other submittals specified herein as required to be delivered before the Notice to Proceed is issued.

B. The successful Proposer shall not deliver any equipment to the work site or commence work until the successful Proposer has received a written Notice to Proceed from the Purchasing Services Manager or other authorized County representative.

4.9. Proposer's Qualifications

A. Before a proposal is considered for award, the Proposer may be requested by the County to submit a statement providing additional information regarding their previous experience in performing comparable work.

4.10. Subcontractors

A. If any subcontractors will be used for this service, the successful Proposer shall provide to the

Purchasing Services Manager a list of names of any of the intended subcontractors, the subcontractor's applicable license number(s), and a description of the work to be done by each subcontractor on the

Subcontractor Data Report Form included herein.

B. The successful Proposer shall not substitute other subcontractors without the written consent of the

Purchasing Services Manager.

C. The successful Proposer shall be responsible for all services performed by a subcontractor as though they had been performed by the successful Proposer. Responsibilities include, but are not limited to, compliance with any applicable licensing regulations.

D. If at any time the Purchasing Services Manager determines that any subcontractor is incompetent or undesirable, the director shall notify the successful Proposer accordingly, and the successful Proposer shall take immediate steps for cancellation of the subcontract and replacement.

E. Nothing contained in any contract resulting from this RFP shall create any contractual relationship between any subcontractor and the County.

F. It shall be the successful Proposer’s responsibility to ensure that all terms required in the attached

Contract are incorporated into all subcontracts.

4.11. Indemnification

A. The County has defined this section in the Sample Contract.

4.12. Termination

A. The County has defined this section in the Sample Contract.

4.13. State and Local Taxes

A. Except as otherwise provided, Contract prices shall include all applicable state and local taxes.

B. The successful Proposer shall calculate that portion of the Contract which is subject to the seven percent

(7%) sales and/or use tax, which amount shall be itemized and shown on all invoices and shall be paid to

South Carolina Department of Revenue (SCDOR) by Contractor. If the successful Proposer is a non-

South Carolina company, the County will withhold said amount from all invoices and remit payment to the SCDOR, unless the Contractor furnishes County with a valid South Carolina Use Tax Registration

Certificate Number.

C. The successful Proposer shall indemnify and hold harmless the County for any loss, cost, or expense incurred by, levied upon, or billed to the County as a result of the successful Proposer’s failure to pay any tax of any type due by Contractor in connection with this Contract.

D. The successful Proposer shall ensure that the above sections are included in all subcontracts and sub-subcontracts and shall ensure withholding on out of state sub and sub-subcontractors to which withholding is applicable.

4.14. Drug-Free Workplace Act

A. By submitting an offer, Proposer certifies that, if awarded a contract, Proposer will comply with all applicable provisions of the Drug-Free Workplace Act, Section 44-107-10, et seq., South Carolina Code of Laws, 1976, as amended.

4.15. Insurance Requirements

The successful proposer shall procure, maintain, and provide proof of, insurance coverage for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the

County by the proposer, his agents, representatives, employees, or subcontractors. Proof of coverage as contained herein shall be submitted prior to the commencement of work and such coverage shall be maintained by the proposer for the duration of the contract period; for occurrence policies.

4.15.1. General Liability

A. Coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Commercial General Liability form including Products/Completed Operations.

Minimum Limits - General Liability:

$2,000,000 General Aggregate Limit

$1,000,000 Products & Completed Operations

$1,000,000 Personal and Advertising Injury

$1,000,000 Each Occurrence Limit

$50,000 Fire Damage Limit

$5,000 Medical Expense Limit

4.15.2. Automobile Liability

A. Coverage sufficient to cover all vehicles owned, used, or hired by the proposer, his agents, representatives, employees or subcontractors.

Minimum Limits - Automobile Liability:

$1,000,000 Combined Single Limit

$1,000,000 Each Occurrence Limit

$5,000 Medical Expense Limit

4.15.3. Workers' Compensation

A. Limits as required by the Workers' Compensation Act of SC. Employers Liability: $1,000,000.

4.15.4. Warehouse Legal Liability

A. Required if County inventory will be warehoused.

B. $10,000,000 per occurrence

4.15.5. Owners' & Contractors' Protective Liability

A. Policy will be in name of County. Minimum limits required are $1,000,000. Required if work is defined as a construction project where the proposal total exceeds $1,000,000.

4.15.6. Professional Liability

A. Minimum limits are $1,000,000 per occurrence.

4.15.7. Coverage Provisions

A. All deductibles or self-insured retention shall appear on the certificate(s).

B. The County of Dorchester, its' officers/ officials, employees, agents and volunteers shall be added as

"additional insured" as their interests may appear. This provision does not apply to Professional Liability or Workers' Compensation/Employers' Liability.

C. The offeror's insurance shall be primary over any applicable insurance or self-insurance maintained by the County.

D. Shall provide 30 days written notice to the County before any cancellation, suspension, or void of coverage in whole or part, where such provision is reasonable.

E. All coverage for subcontractors of the proposer shall be subject to all of the requirements stated herein.

F. All deductibles or self-insured retention shall appear on the certificate(s) and shall be subject to approval by the County. At the option of the County, either; the insurer shall reduce or eliminate such deductible or self-insured retention; or the proposer shall be required to procure a bond guaranteeing payment of losses and related claims expenses.

G. Failure to comply with any reporting provisions of the policy(s) shall not affect coverage provided the

County, its officers/officials, agents, employees, and volunteers.

H. The insurer shall agree to waive all rights of subrogation against the County, its' officers/officials, agents, employees or volunteers for any act, omission or condition of premises which the parties may be held liable by reason of negligence.

I. The proposer shall furnish the County certificates of insurance including endorsements affecting coverage. The certificates are to be signed by a person authorized by the insurance company(s) to bind coverage on its' behalf, if executed by a broker, notarized copy of authorization to bind, or certify coverage must be attached.

J. All insurance shall be placed with insurers maintaining an A.M. Best rating of no less than an A:VII. If

A.M. Best rating is less than A:VII, approval must be received from County’s Risk Manager.

4.16. Utilization by Other Public Agencies Clause

A. The use of this solicitation and resulting contract shall be made available to other local governmental agencies and agencies established for the public benefit (“Public Agencies”). The parties agree to allow other governmental agencies to enter into separate agreements with the Contractor under the terms and prices in effect between the County and the Contractor, upon prior approval from Contractor of proposed pricing for other governmental agencies. The parties also agree that any other agency utilizing the terms and prices of this agreement shall not be deemed to be an agent or employee of the County of

Dorchester for any purpose whatsoever. The parties further agree that any Public Agency will enter its own separate contract with the Contractor.

B. The County is not otherwise responsible for the Public Agencies’ performance of the Contract between the individual Public Agencies and the Contractor or for any obligation or liability accruing to the Public

Agencies in the performance thereof. The Public Agencies and the Contractor further agree to waive any rights they may have in making the County of Dorchester a party to a dispute between a Public Agency and the Contractor.

C. The County may advertise the resulting contract to other public agencies for their use as described in above on third-party platforms.

4.17. All County Departments Eligible to Purchase

A. This solicitation may be issued by a specific department, but the County shall have the discretion to permit ALL County departments, divisions, or other business units to purchase the goods or services solicited at the terms, conditions, and pricing as agreed-upon in the contract resulting from the solicitation. Expansion of the contract to include other County departments, divisions, or other business units may be accomplished by purchase order, change order, or amendment, as determined by the

Purchasing Services Manager.

4.18. Confidential Information

A. Proposers must clearly mark as “confidential” each part of their response which they consider to be trade secrets or information of a personal nature that could be exempt from disclosure under the South

Carolina Freedom of Information Act (SCFOIA) as set forth in Chapter 4, Title 30, of the South

Carolina Code of Laws, 1976, as amended. The County reserves the right, in its sole discretion, to determine whether this information should be exempt from disclosure and no legal action may be brought against the County or its agents for its determination in this regard. Upon receipt of a proposal package by the County the submittal shall become the property of the County without compensation to the proposer, for disposition or usage by the County at its discretion. The details of the proposal documents will remain confidential until final award, except for sections that are marked “confidential” as explained above and except as required by law.

4.19. Intellectual Property

A. Any information, data, instruments, documents, studies, reports, or deliverables given to, exposed to, or prepared or assembled by the proposer shall be kept as confidential information of the County and not divulged or made available to any individual or organization except as required by law. Such information, data, instruments, documents, studies, reports, or deliverables will be the sole property of the County and not the proposer.

B. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks, and trade secrets invented, developed, created, or discovered in performance of this contract shall be property of the County.

5. SECTION FIVE: SAMPLE CONTRACT

5.1. Sample Agreement

STATE OF SOUTH CAROLINA

COUNTY OF DORCHESTER

THIS CONTRACT (hereinafter the “Contract”) entered into this day of XXXXX 2025, between the

COUNTY OF DORCHESTER, South Carolina, a public body corporate and politic and political subdivision of the State of South Carolina, (hereinafter the "County") and (NAME OF COMPANY/INDIVIDUAL), a

(State Name) Sole Proprietorship/Partnership/Corporation, Limited Liability Corporation (choose one), the address of which is Street, City, State, Zip (hereinafter the "Consultant"), (“Party” as to each; collectively the

“Parties”).

W I T N E S S E T H:

WHEREAS, the County wishes to contract for [Description of Services], as described in Solicitation No.

[####] (“Work” and/or “Services”); and

WHEREAS, the Consultant has represented to the County that its staff is qualified to provide the Work and perform this Contract in a professional and timely manner; and

WHEREAS, the County has relied upon the above representations by the Consultant; and

NOW, THEREFORE, for and in consideration of these promises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, and the above-referenced recitals incorporated into this Contract herein by reference, the Parties hereto hereby agree as follows:

SECTION ONE

Contract Documents

The Parties agree that the Contract Documents shall include the following, which are incorporated herein by reference:

Exhibit A: Solicitation No. [###] Exhibit B: Consultant’s Insurance Certificate(s) and Endorsement(s) Exhibit C: Consultant's submission dated [dddd] Exhibit D: Consultant’s Cost Proposal and Preliminary Schedule dated [dddd] Exhibit E: Required Forms appended to this contract

In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this

Contract, the following shall control:

A. As between the Contract and the Contract Documents or any other documents which make up this

Contract, this Contract shall govern.

B. In the event of any conflict, discrepancy, or inconsistency among any of the other Contract Documents, the Consultant shall diligently review all such documents and notify the County immediately upon discovery of same for resolution by the County.

C. Any documents not included or expressly contemplated in this Contract do not, and shall not, form a part of this Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed a requirement in all documents.

In order to induce the County to execute this Contract and recognizing that the County is relying thereon, the

Consultant, by executing this Contract, makes the following express representations to the County:

The Consultant is fully qualified to act as the design professional for the work and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the design professional for, and to design the work;

The Consultant has become familiar with the work site and the local conditions under which the work is to be constructed and operated. “Work Site” means the site or sites where the Work is performed.

The Consultant has received, reviewed and examined all of the documents which make up this Contract, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient.

SECTION TWO

Scope of Work

The Consultant agrees to perform and furnish all labor, supervision, materials, equipment, transportation and supplies necessary for the completion of the Work required under this Contract in a professional manner, in accordance with the customarily accepted professional standard of care and all applicable laws, rules and regulations.

Scope of Work and Specifications:

Provide services as detailed in the RFQ/Scope of Work, Consultant’s offer, and Consultant’s cost proposal, marked Exhibits A, C, and D and previously incorporated herein by reference.

SECTION THREE

Contract Price: Payment Terms

Payment shall be due within thirty (30) days of approved invoices. Payment shall not exceed those costs outlined in the Cost Proposal marked Exhibit D and previously incorporated herein by reference.

SECTION FOUR

Time: Term of Contract

The term of the Contract shall commence upon issuance of a Notice to Proceed by the Purchasing Services

Manager. The contract term shall be one year with the option to renew up to four additional one-year terms.

SECTION FIVE

Surety Bonds

[Intentionally Omitted]

SECTION SIX Insurance Requirements

The Consultant, at its own expense, shall at all times during the term of the Contract, maintain insurance as included in the General Terms and Conditions of RFP No. [ ], which is attached hereto and previously incorporated by reference. The County may contact the Consultant’s insurer(s) or insurer(s)' agent(s) directly at any time regarding the Consultant’s coverages, coverage amounts, or other such relevant and reasonable issues related to this Contract. The Consultant shall also require any subconsultants to carry the same coverages in the same amounts.

The County must be advised immediately of any changes in required coverages.

SECTION SEVEN

Compliance with Legal Requirements

All applicable federal, state and local laws, ordinances, and rules and regulations of any authorities (including, but not limited to, any laws, ordinances or regulations relating to the S.C. Department of Revenue) shall be binding upon the Consultant throughout the pendency of this Work. The Consultant shall be responsible for compliance with any such law, ordinance, rule or regulation, and shall hold the County harmless and indemnify same in the event of non-compliance as set forth in the Contract.

The Consultant certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of South

Carolina Code of Laws, 1976, as amended, and agrees to provide to the State upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable to the Consultant and its subConsultants or sub-subConsultants; or (b) that the Consultant and its subConsultants or sub- subConsultants are in compliance with Title 8, Chapter 14.

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…