EQR RFP Amd 3.pdf

State of South Carolina

Request for Proposal

Amendment Three

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400024117 1/9/2023 Rebecca O'Brien 803-898-1535

Rebecca.Obrien@SCDHHS.gov 1801 Main St., Columbia, SC 29201

DESCRIPTION: External Quality Reviews

USING GOVERNMENTAL UNIT: South Carolina Department of Health & Human Services

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

SUBMIT OFFER BY (Opening Date/Time): 1/12/2023 2/10/2023 2:00 PM EST (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 10/14/2022 5:00 PM (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: One (1) on-line submission and One (1) Redacted Copy submitted online, (See “Submitting Redacted Offers” provision Section IV & “Submitting Confidential Information” Section II.A.)

Initial here if NO redacted copy is necessary___________

CONFERENCE TYPE: Pre-Proposal

DATE & TIME: 10/04/2022 1:00 PM

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

LOCATION: TEAMS Meeting

(email Rebecca.OBrien@scdhhs.gov for log on information by 10/03/2022 at 3:00 PM)

AWARD &

AMENDMENTS

Award will be posted on 2/28/2023 3/30/2023. The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

You must 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 ninety (90) 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 must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at 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)

mailto:Rebecca.Obrien@SCDHHS.gov http://www.procurement.sc.gov/ mailto:Rebecca.OBrien@scdhhs.gov http://www.procurement.sc.gov/

SAP

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)

Amendment No. Amendment Issue

Date Amendment No. Amendment Issue

Date Amendment No. Amendment Issue

Date Amendment No. Amendment Issue

Date

DISCOUNT FOR

PROMPT PAYMENT

(See "Discount for Prompt

Payment" clause)

10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors selling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A summary of the new preferences is available at www.procurement.sc.gov/preferences . ALL THE PREFERENCES MUST BE

CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY ITEM OR

LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE CLAIMING ANY

PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU REQUEST A

PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE PREFERENCE

YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE SERIOUS

CONSEQUENCES. [11-35-1524(E)(4)&(6)] **PREFERENCES DO NOT APPLY TO REQUEST FOR

PROPOSALS PER SOUTH CAROLINA PROCUREMENT CODE SECTION [§11-35-1524(E)(5)(b)]

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor

Preference (11-35-1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you are claiming the Resident Subcontractor Preference (11-35-1524(D)).PREFERENCES DO NOT APPLY TO

REQUEST FOR PROPOSALS PER SOUTH CAROLINA PROCUREMENT CODE SECTION [§11-35-

1524(E)(5)(b)]

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

PAGE TWO (SEP 2009) End of PAGE TWO

Table of Contents

1 SCOPE OF SOLICITATION

1.1 ACQUIRE SERVICES (MODIFIED)

1.2 MAXIMUM CONTRACT PERIOD - ESTIMATED (MODIFIED)

2 INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

2.1 DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015)

2.2 ADDITIONAL DEFINITIONS (SCDHHS)

2.3 AMENDMENTS TO SOLICITATION (JAN 2004)

2.4 AUTHORIZED AGENT (FEB 2015)

2.5 AUTHORITY AS PROCUREMENT AGENT (DEC 2015)

2.6 AWARD NOTIFICATION (MODIFIED)

2.7 BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)

2.8 BID ACCEPTANCE PERIOD (JAN 2004)

2.9 BID IN ENGLISH AND DOLLARS (JAN 2004)

2.10 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)

2.11 CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)

2.12 CODE OF LAWS AVAILABLE (JAN 2006)

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

2.14 DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)

2.15 DRUG FREE WORKPLACE CERTIFICATION (JAN 2004)

2.16 DUTY TO INQUIRE (FEB 2015)

2.17 ETHICS CERTIFICATE (MAY 2008)

2.18 OMIT TAXES FROM PRICE (JAN 2004)

2.19 OPEN TRADE REPRESENTATION (JUN 2015)

2.20 PROTESTS (MAY 2019)

2.21 PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)

2.22 PUBLIC OPENING (JAN 2004)

2.23 QUESTIONS FROM OFFERORS (MODIFIED)

2.24 REJECTION/CANCELLATION (JAN 2004)

2.25 RESPONSIVENESS/IMPROPER OFFERS (JUN 2015)

2.26 SIGNING YOUR OFFER (JAN 2004)

2.27 STATE OFFICE CLOSINGS (JAN 2004)

2.28 DISCLOSURE OF YOUR BID / PROPOSAL & SUBMITTING CONFIDENTIAL DATA (FEB 2021)

2.29 SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015)

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

2.31 VENDOR REGISTRATION MANDATORY (MODIFIED)

2.32 WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)

2. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS

2.33 CONFERENCE– PRE-BID/PROPOSAL (MODIFIED)

2.34 CONTENTS OF OFFER (RFP) (MODIFIED)

2.35 ELECTRONIC COPIES - REQUIRED MEDIA AND FORMAT (MODIFIED)

2.36 ON-LINE BIDDING INSTRUCTIONS (MODIFIED)

2.37 OPENING PROPOSALS -- INFORMATION NOT DIVULGED (FEB 2015)

2.38 PROTEST - CPO - ITMO ADDRESS (MODIFIED)

3 SCOPE OF WORK/SPECIFICATIONS

3.1 INTENT

3.2 INTRODUCTION

3.3 CONTRACTOR RESPONSIBILITIES/DELIVERABLES

3.3.1 Readiness Reviews

3.3.2 Annual Reviews

3.3.3 EQR Additional Required Activities

3.3.4 EQR Optional Activities

Optional activities SCDHHS may require the Contractor to use to validate encounter data reported by an MCO. gather information about the performance of MCOs include:

3.3.5 Developing Quality of Care Studies

3.3.6 Workshops and Training Classes

Contractor shall conduct workshops and training classes for MCO staff regarding abstraction of data for the quality-of-care studies and other features of the annual Quality Assurance (QA) evaluation

3.3.7 Physical, Technological, and Financial Resources

3.3.8 Clinical and Nonclinical Skills

3.3.9 Subcontractor Work

3.3.10 Contractor Independence

3.3.11 Integrated Managed Care Plans

3.3.12 Implementation

3.3.13 Key Personnel and Staffing

3.3.14 Performance Standards

4 INFORMATION FOR OFFERORS TO SUBMIT

4.1 INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (MODIFIED)

4.2 INFORMATION FOR OFFERORS TO SUBMIT - EVALUATION (MODIFIED)

4.2.1 Technical Proposal

Section 1 A – Introductory Documents Section 3 C – Qualifications

4.2.2 Price-Business Proposal

4.2.3 Additional Documents

• Minority Participation (DEC 2015): Complete and submit the Minority Participation in See Section 4.3

• Attachments:

4.3 MINORITY PARTICIPATION (DEC 2015)

4.4 SUBMITTING REDACTED OFFERS (MAR 2015)

5 QUALIFICATIONS

5.1 QUALIFICATIONS OF OFFEROR (MODIFIED)

5.2 QUALIFICATIONS - SPECIAL STANDARDS OF RESPONSIBILITY (MODIFIED)

5.2.1 This section establishes special standards of responsibility. UNLESS YOU POSSESS THE FOLLOWING

MANDATORY MINIMUM QUALIFICATIONS, DO NOT SUBMIT AN OFFER

5.2.2 Provide a detailed, narrative statement with adequate information to establish that you meet all the requirements stated in subparagraph (a) above. Include all appropriate documentation. If you intend for us to consider the qualifications of your key personnel, predecessor business(s), or subcontractor(s), explain the relationship between you and such person or entity

5.3 QUALIFICATIONS – REQUIRED INFORMATION (MODIFIED)

5.3.1 CORPORATE BACKGROUND AND EXPERIENCE

5.3.2 REFERENCES

5.3.3 PRIOR PROJECTS AND CONTRACTS - Prior projects and contractual details shall be organized as ordered below: 35

5.3.4 COMPANY STRUCTURE AND FINANCIAL INFORMATION

5.3.5 ADDITIONAL INFORMATION

5.4 SUBCONTRACTOR -- IDENTIFICATION (FEB 2015)

6 AWARD CRITERIA

6.1 AWARD CRITERIA -- PROPOSALS (JAN 2006)

6.2 AWARD TO ONE OFFEROR (JAN 2006)

6.3 COMPETITION FROM PUBLIC ENTITIES (JAN 2006)

6.4 DISCUSSIONS AND NEGOTIATIONS - OPTIONAL (FEB 2015)

6.5 EVALUATION FACTORS -- PROPOSALS (JAN 2006)

7 TERMS AND CONDITIONS -- A. GENERAL

7.1 ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (MODIFIED)

7.2 BANKRUPTCY - GENERAL (FEB 2015)

7.3 CHOICE-OF-LAW (JAN 2006)

7.4 CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE (MODIFIED)

7.5 DISCOUNT FOR PROMPT PAYMENT (JAN 2006)

7.6 DISPUTES (JAN 2006)

7.7 EFT INFORMATION (FEBRUARY 2021)

7.8 EQUAL OPPORTUNITY (JAN 2006)

7.9 FALSE CLAIMS (JAN 2006)

7.10 FIXED PRICING REQUIRED (JAN 2006)

7.11 NO INDEMNITY OR DEFENSE (FEB 2015)

7.12 NOTICE (JAN 2006)

7.13 OPEN TRADE (JUN 2015)

7.14 PAYMENT AND INTEREST (FEB 2021)

7.15 PUBLICITY (JAN 2006)

7.16 PURCHASE ORDERS (JAN 2006)

7.17 SURVIVAL OF OBLIGATIONS (JAN 2006)

7.18 TAXES (JAN 2006)

7.19 TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)

7.20 THIRD PARTY BENEFICIARY (JAN 2006)

7.21 WAIVER (JAN 2006)

7. TERMS AND CONDITIONS -- B. SPECIAL

7.22 BANKRUPTCY - GOVERNMENT INFORMATION (FEB 2015)

7.23 CHANGES (JAN 2006)

7.24 COMPLIANCE WITH LAWS (JAN 2006)

7.25 CONTRACTOR'S LIABILITY INSURANCE - GENERAL (FEB 2015)

7.26 CONTRACTOR'S LIABILITY INSURANCE - INFORMATION SECURITY AND PRIVACY (MODIFIED)

7.27 CONTRACTOR PERSONNEL (JAN 2006)

7.28 CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006)

7.29 CONTRACTOR'S USE OF STATE PROPERTY (JAN 2006)

7.30 DEFAULT (JAN 2006)

7.31 ILLEGAL IMMIGRATION (NOV 2008)

7.32 INDEMNIFICATION-THIRD PARTY CLAIMS - GENERAL (NOV 2011)

7.33 INDEMNIFICATION - THIRD PARTY CLAIMS - DISCLOSURE OF INFORMATION (MODIFIED)

7.34 INDEMNIFICATION-INTELLECTUAL PROPERTY (JAN 2006)

7.35 INFORMATION SECURITY - DEFINITIONS (FEB 2015)

7.36 INFORMATION SECURITY - SAFEGUARDING REQUIREMENTS (FEB 2015)

7.37 INFORMATION SECURITY - LOCATION OF DATA (FEB 2015)

7.38 INFORMATION USE AND DISCLOSURE (FEB 2015)

7.39 INFORMATION USE AND DISCLOSURE - STANDARDS (FEB 2015)

7.40 LICENSES AND PERMITS (JAN 2006)

7.41 OFFSHORE CONTRACTING PROHIBITED (FEB 2015)

7.42 OWNERSHIP OF DATA AND MATERIALS (JAN 2006)

7.43 PRICE ADJUSTMENTS (JAN 2006)

7.44 PRICE ADJUSTMENT - LIMITED -- AFTER INITIAL TERM ONLY (JAN 2006):

7.45 PRICING DATA -- AUDIT -- INSPECTION (JAN 2006)

7.46 RELATIONSHIP OF THE PARTIES (JAN 2006)

7.47 RESTRICTIONS ON PRESENTING TERMS OF USE OR OFFERING ADDITIONAL SERVICES (FEB 2015)

7.48 SERVICE PROVIDER SECURITY REPRESENTATION (FEB 2015)

7.49 TERM OF CONTRACT – EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006)

7.50 TERM OF CONTRACT -- OPTION TO RENEW (FEB 2021)

7.51 TERMINATION FOR CONVENIENCE -- INDEFINITE DELIVERY / INDEFINITE QUANTITY CONTRACTS (JAN 2006)

7.52 TERMINATION FOR CONVENIENCE (JAN 2006)

7. MISCELLANEOUS TERMS – C. CONDITIONS/REQUIREMENTS

7.53 HIPAA COMPLIANCE/CONFIDENTIALITY (SCDHHS)

7.53.1 Health Insurance Portability and Accountability Act (HIPAA) Standards Compliance

7.53.2 HIPAA Privacy and Security

7.53.3 HIPAA Business Associate

7.54 SAFEGUARDING INFORMATION (SCDHHS)

7.55 LAWSUIT NOTIFICATION AND COOPERATION (SCDHHS)

7.56 DEBARMENT NON-PROCUREMENT/SCREENING REQUIREMENTS (SCDHHS)

7.57 NON-DISCLOSURE (SCDHHS)

7.58 RESTRICTIONS FOR LOBBYING (SCDHHS)

7.59 SAFETY PRECAUTIONS (SCDHHS)

7.60 USE AND OWNERSHIP OF INFORMATION AND DOCUMENTATION (SCDHHS)

7.60.1 Reproduction of Documentation

7.60.2 Document Inspection and Retention

7.61 OWNERSHIP OF DATA (SCDHHS)

7.62 NO CONTRACTOR UTILIZATION OF WORKERS OUTSIDE OF THE UNITED STATES (SCDHHS)

7.63 APPLICABLE LAWS AND REGULATIONS (SCDHHS)

7.64 AUTHORITY TO OPERATE (ATO) (SCDHHS)

8 BIDDING SCHEDULE / PRICE PROPOSAL

8.1 PRICE PROPOSAL (JAN 2006)

9 ATTACHMENTS TO SOLICITATION

9.1 ATTACHMENTS LIST [09-9002-1]

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: 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. [02-2A005-1]

In an effort to assist your review of the amendment, we have endeavored to highlight additions in yellow. To use this feature, offerors will need to view the electronic version of this document.

Despite our best efforts, there is a chance that a change was inadvertently left unhighlighted. Therefore, offerors are cautioned that they are responsible to review the content of the entire document and cannot rely detrimentally on highlights identifying all changes.

Please refer to the Summary of Questions and Responses, ATTM 007, for other information pertaining to this Amendment

Three.

ALL OTHER TERMS, CONDITIONS, BIDDING INSTRUCTIONS, AND SPECIFICATIONS REMAIN UNCHANGED.

IF THERE ARE ANY QUESTIONS OR IF ANY CONFUSION OR UNCERTAINTY ARISES AS A RESULT OF THIS

AMENDMENT, IT IS THE SOLE RESPONSIBILITY OF THE OFFEROR TO CONTACT THE PROCUREMENT

OFFICER FOR CLARIFICATION. CONTACT INFORMATION CAN BE FOUND IN THE TOP RIGHT HAND

CORNER OF THE COVER PAGE OF THIS AMENDMENT. REFERENCE THE “DUTY TO INQUIRE” CLAUSE IN

THE ORIGINAL REQUEST FOR PROPOSAL.

1 SCOPE OF SOLICITATION

1.1 ACQUIRE SERVICES (MODIFIED)

The South Carolina Department of Health and Human Services (SCDHHS) intends to solicit proposals for External Quality

Reviews (EQR) in the most efficient and cost- effective delivery model available. The purpose of this solicitation is to acquire

Services complying with the enclosed description and/or specifications and conditions.

1.2 MAXIMUM CONTRACT PERIOD - ESTIMATED (MODIFIED)

Start date: 3/1/2023 4/1/2023 End date 2/28/2028 3/31/2028. 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".

The initial term of this Contract is two (2) years. There are three (3) additional one (1) year options to renew. The maximum

Contract period (initial term + renewal options) is five (5) years.

2 INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

2.1 DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 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.

AUTHORITY means the State Fiscal Accountability Authority or its successor in interest.

BUSINESS means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity. [11-35-310(3)]

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. [11-35-

310(4)]

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. [11-35-310(9)]

CONTRACTOR means the Offeror or Vendor receiving an award as a result of this solicitation.

COVER PAGE means the top page of the original solicitation on which the solicitation is identified by number. Offerors are cautioned that Amendments may modify information provided on the Cover Page.

OFFER means the bid or proposal submitted in response this solicitation. The terms Bid and Proposal are used interchangeably with the term Offer.

OFFEROR means the single legal entity submitting the offer. The term Bidder is used interchangeably with the term Offeror.

See bidding provisions entitled Signing Your Offer and Bid/Proposal as Offer to Contract.

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.

YOU and YOUR means Offeror.

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

STATE means the Using Governmental Unit(s) identified on the Cover Page.

SUBCONTRACTOR means any person or entity you Contract with to perform or provide any part of the Work.

US or WE mean the using governmental unit.

USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. If the Cover Page identifies the Using Governmental Unit as "Statewide Term Contract," the phrase "Using Governmental Unit" means any

South Carolina Public Procurement Unit [11-35-4610(5)] that has submitted a Purchase Order to you pursuant to the Contract resulting from this solicitation. Reference the clauses titled "Purchase Orders" and "Statewide Term Contract."

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. [02-2A003-3]

2.2 ADDITIONAL DEFINITIONS (SCDHHS)

ACTUAL OPERATIONAL START DATE (AOSD) is the actual date on which SCDHHS determines in its sole but reasonable discretion that the Eligibility operations Services are operational substantially as a whole and have begun generating official data of record for all functional areas of Eligibility operations Services.

BENEFICIARY(IES) means a qualified, enrolled recipient of Medicaid services and benefits (interchangeable with the term

Member).

CHANGE means a change(s) to the Work or to the time of performance (i.e., hours of the day, days of the week, etc.), or place of performance of the Work.

DEFECT means any aspect of a Deliverable’s performance that does not meet its requirements.

DELIVERABLE(S) means those item(s) identified in the Contract to be delivered by the Contractor to SCDHHS including, without limitation, the Acquired Items, hardware, Services, Software, tangibles, and intangibles required hereunder.

ELIGIBILITY means the processes of determining if individuals or families are eligible for Medicaid benefits, and the processes involved in enrollment in Medicaid.

KEY PERSONNEL means the Account Manager, Implementation Manager, Technical Coordinator, and Operations

Manager, required to be identified by name in Contractor’s Offer, any approved successor to such named individuals and any other individual and his/her approved successor designated in Contractor’s Offer as Key Personnel.

MEMBER means a qualified, enrolled recipient of Medicaid services and benefits (interchangeable with the term

Beneficiary).

MEDICAID ENTERPRISE SYSTEM (MES) means the system (hardware, software, and services) designed to meet the demands of South Carolina’s Medicaid Beneficiaries, stakeholders, and appropriate staff.

MILESTONE(S) mean significant specific point(s) along a project timeline. These points may signal anchors, a need for external review, or input. In many instances, Milestones do not impact project duration. Instead, they focus on major progress points that must be reached to achieve success.

PAYMENT MILESTONE means a Milestone(s) delivered during the Implementation Phase, as identified as such by the

Offeror in their Offer, specifically in Pricing Table A – Implementation, in column B Milestone Name.

SERVICES mean the Services to be delivered by Contractor pursuant to the Contract Documents.

STATE PLAN (South Carolina State Plan for Medical Assistance) is an agreement between South Carolina and the Federal government describing how South Carolina administers its Medicaid and CHIP programs. It gives an assurance that South

Carolina will abide by Federal rules and may claim Federal matching funds for its program activities. The State Plan sets out groups of individuals to be covered, services to be provided, methodologies for providers to be reimbursed and the administrative activities that are underway in South Carolina.

SUCCESSOR VENDOR is the authority or a replacement Contractor who takes over responsibility for all or part of the services upon termination or expiration of the contact awarded as a result of this solicitation.

TARGETED OPERATIONAL START DATE (TOSD) is the date on which the Offeror schedules that the Eligibility operations Services will be operational substantially as a whole and will begin generating official data of record for all functional areas of Eligibility operations Services.

VENDOR means the Offeror or Contractor receiving an award as a result of this Solicitation.

2.3 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: 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. [02-2A005-1]

2.4 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. [02-2A007-1]

2.5 AUTHORITY AS PROCUREMENT AGENT (DEC 2015)

The Procurement Officer is an employee of the Authority acting on behalf of the Using Governmental Unit(s) pursuant to the

Consolidated Procurement Code. Any contracts awarded as a result of this procurement are between the Contractor and the http://www.procurement.sc.gov/

Using Governmental Unit(s). The Authority is not a party to such contracts, unless and to the extent that the Authority 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. [02-

2A030-3]

2.6 AWARD NOTIFICATION (MODIFIED)

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 in excess of one hundred thousand dollars, such notice will be sent electronically to all Offerors responding to the Solicitation and any award will not be effective until the calendar day (including weekends and holidays) immediately following the seventh business day after such notice is given.

2.7 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. [02-2A015-1]

2.8 BID ACCEPTANCE PERIOD (JAN 2004)

In order to withdraw Your Offer after the minimum period specified on the Cover Page, You must notify the Procurement

Officer in writing. [02-2A020-1]

2.9 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]

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

(2)(i) Has been authorized, in writing, to act as agent for the Offeror’s principals in certifying that those principals have not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification [As used in this subdivision (b)(2)(i), the term "principals" means the person(s) in the Offeror’s organization responsible for determining the prices offered in this bid or proposal].

http://www.scstatehouse.gov/code/t16c009.php

(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through

(a)(3) of this certification.

(c) If the Offeror deletes or modifies paragraph (a)(2) of this certification, the Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. [02-2A032-1]

2.11 CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS

(JAN 2004)

(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.

(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 must submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the

Offeror's responsibility. Failure of the Offeror to furnish additional information as requested by the Procurement Officer may render the Offeror non-responsible.

(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. [02-2A035-1]

2.12 CODE OF LAWS AVAILABLE (JAN 2006)

The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at:

http://www.scstatehouse.gov/code/statmast.php

The South Carolina Regulations are available at:

http://www.scstatehouse.gov/coderegs/statmast.php

[02-2A040-2] http://www.scstatehouse.gov/code/statmast.php http://www.scstatehouse.gov/coderegs/statmast.php

2.13 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. [02-2A047-2]

2.14 DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)

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 body's mailroom that services that purchasing office prior to the opening. [R.19-445.2070(G)] [02-2A050-1]

2.15 DRUG FREE WORKPLACE 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. [02-2A065-1]

2.16 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." [02-2A070-2]

2.17 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. [02-2A075-2]

2.18 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. [02-2A080-1]

2.19 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] http://www.scstatehouse.gov/code/t44c107.php http://www.scstatehouse.gov/code/t08c013.php http://www.scstatehouse.gov/code/t11c035.php

2.20 PROTESTS (MAY 2019)

If you are aggrieved in connection with the solicitation or award of the contract, you may be entitled to protest, but only as provided in Section 11-35-4210. To protest a solicitation, you must submit a protest within fifteen days of the date the applicable solicitation document is issued. To protest an award, you must (i) submit notice of your intent to protest within seven business days of the date the award notice is posted, and (ii) submit your actual protest within fifteen days of the date the award notice is posted. Days are calculated as provided in Section 11- 35-310(13). Both protests and notices of intent to protest must be in writing and must be received by the appropriate Chief Procurement Officer within the time provided.

See clause entitled “Protest-CPO”. The grounds of the protest and the relief requested must be set forth with enough particularity to give notice of the issues to be decided. [02-2A085-2]

2.21 PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)

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 must 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 must be solely with the

Procurement Officer. [R. 19-445.2010]

(b) You are advised to familiarize yourself with Regulation 19-445.2165, which restricts donations to a governmental entity with whom you have or seek to have a Contract. 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. [R. 19-445.2165] [02-2A087-1]

2.22 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. [02-2A090-1]

2.23 QUESTIONS FROM OFFERORS (MODIFIED)

(a) Any prospective Offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. Questions regarding the original solicitation or any amendment must be received by the Procurement

Officer no later than five (5) 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. [See R. 19-445.2042(B)] 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. [See R. 19-445.2140]

All questions must be submitted in writing and received by the Procurement Officer for this solicitation no later than date and time listed on Cover Page One.

Email is the preferred method for submitting questions to the procurement officer, Title the “Subject Line” of your email, “Questions 5400024117”. Questions must be submitted in an easily copied format such as MS Word.

All Offerors should use Attachment (ATTM) 007 QUESTIONS TEMPLATE.

Email: Rebecca.Obrien@scdhhs.gov

2.24 REJECTION/CANCELLATION (JAN 2004)

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

Code Section 11-35-1710 & R.19-445.2065] [02-2A100-1]

2.25 RESPONSIVENESS/IMPROPER OFFERS (JUN 2015)

http://www.scstatehouse.gov/coderegs/Ch%2019.pdf http://www.scstatehouse.gov/coderegs/Ch%2019.pdf http://www.scstatehouse.gov/coderegs/Ch%2019.pdf mailto:Rebecca.Obrien@scdhhs.gov http://www.scstatehouse.gov/coderegs/Ch%2019.pdf

(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 must satisfy all Solicitation requirements. If this solicitation is an Invitation for Bids, each separate offer must 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 price 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. [R.19-445.2070 and Section 11-35-1520(13)]

(d) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price. [R. 19-445.2070].

(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. S.C. Code Ann. Reg. 19-445.2077(D). [02-2A105-2]

2.26 SIGNING YOUR OFFER (JAN 2004)

Every Offer must be signed by an individual with actual authority to bind the Offeror. (a) If the Offeror is an individual, the

Offer must be signed by that individual. If the Offeror is an individual doing business as a firm, the Offer must be submitted in the firm name, signed by the individual, and state that the individual is doing business as a firm. (b) If the Offeror is a partnership, the Offer must be submitted in the partnership name, followed by the words by its Partner, and signed by a general partner. (c) If the Offeror is a corporation, the Offer must be submitted in the corporate name, followed by the signature and title of the person authorized to sign. (d) An Offer may be submitted by a joint venturer involving any combination of individuals, partnerships, or corporations. If the Offeror is a joint venture, the Offer must be submitted in the name of the Joint Venture and signed by every participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant. (e) If an Offer is signed by an agent, other than as stated in subparagraphs (a) through (d) above, the Offer must state that is has been signed by an Agent. Upon request, Offeror must provide proof of the agent's authorization to bind the principal. [02-2A115-1]

2.27 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 workday 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:

http://www.scemd.org/planandprepare/disasters/severe-winter-weather. [02-2A120-3]

2.28 DISCLOSURE OF YOUR BID / PROPOSAL & SUBMITTING CONFIDENTIAL DATA (FEB

2021)

(a) According to Section 11-35-410, any person submitting a document in response or with regard to any solicitation or other request must “comply with instructions provided in the solicitation for marking information exempt from public disclosure.

Information not marked as required by the applicable instructions may be disclosed to the public.” IF YOU IDENTIFY

YOUR ENTIRE RESPONSE AS EXEMPT FROM PUBLIC DISCLOSURE, OR IF YOU DO NOT SUBMIT A

REDACTED COPY AS REQUIRED, THE STATE MAY, IN ITS SOLE DISCRETION, DETERMINE YOUR BID OR http://www.scstatehouse.gov/coderegs/Ch%2019.pdf http://www.scstatehouse.gov/code/t11c035.php http://www.scstatehouse.gov/coderegs/Ch%2019.pdf http://www.scemd.org/planandprepare/disasters/severe-winter-weather

PROPOSAL NONRESPONSIVE AND INELIGIBLE FOR AWARD. (b) By submitting a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every page, or portion thereof, 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, or portion thereof, was redacted and conspicuously marked “Trade Secret” or “Confidential” or “Protected”, (2) agrees that any information not redacted and 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. (c) If your offer includes any information that you claim is exempt from public disclosure, you must submit one complete copy of your offer from which you have removed or concealed such information (the redacted copy). Except for the information removed or concealed, the redacted copy must be identical to your original offer. (d) Do not mark your entire response (bid, proposal, quote, etc.) as confidential, trade secret, or protected. If only portions of a page are subject to some protection, do not redact the entire page. The redacted copy must reflect the same pagination as the original and show the empty space from which information was redacted. The Procurement Officer must be able to view, search, copy and print the redacted copy without a password. 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. (e) On the redacted copy, you must identify the basis of your claim by marking each redaction as follows: You must separately mark with the word CONFIDENTIAL” every page, or portion thereof, that you redacted and claim as exempt from public disclosure because it is either (1) a trade secret as defined in Section 30-4-40(a)(1) of the Freedom of Information Act, or (2) privileged and confidential, as that phrase is used in Section 11-35-410. You must separately mark with the words “TRADE SECRET” every page, or portion thereof, that you redacted and claim as exempt from public disclosure as a trade secret pursuant to

Section 39-8-20 of the Trade Secrets Act. You must separately mark with the word “PROTECTED” every page, or portion thereof, that you redacted and claim as exempt from public disclosure pursuant to Section 11-35-1810. All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text. (f) In determining whether to release documents, the State will detrimentally rely on your redaction and marking of documents, as required by these bidding instructions, as being either “Confidential” or “Trade Secret” or “Protected”.