RFP #26113

Greenville County Issue Date: May 15, 2026

Procurement Services Division Opening Date: June 9, 2026

INFECTIOUS MEDICAL WASTE DISPOSAL

SERVICES

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Robert Brewer, NIGP-CPP, CPPO, CPPB

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

Greenville County

Infectious Medical Waste Disposal Services

I. Public Notice II. Introduction

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

VI. Insurance VII. Evaluation Phases

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

Attachments:

A - COG Sub W9

B - Sample Services Agreement

Title: Infectious Medical Waste Disposal Services

1. Public Notice

Greenville County is soliciting sealed proposals in response to Infectious Medical Waste Disposal

Services, subject to the conditions and all provisions set forth herein and attached. Sealed proposals will be received through the County’s online procurement portal located at https://procurement.opengov.com/portal/greenvillecounty until Tuesday, June 9, 2026, 3:00 pm, then publicly opened. The goods and/or services must be furnished as described and specified herein and submitted to Greenville County.

All inquiries regarding this proposal shall be submitted no later than Thursday, May 21, 2026, 10:00 am via the County’s online procurement Portal, located at https://procurement.opengov.com/portal/greenvillecounty. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the County’s online procurement Portal. Offerors may also click “Follow” on this proposal to receive an email notification when answers are posted. It is the responsibility of the Offeror to check the website for answers to inquiries.

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

2. Introduction

2.1. Summary

The County of Greenville is seeking sealed proposals for Infectious Medical Waste Disposal Services for various Greenville County locations including the Detention Center, EMS, and Animal Care.

The County seeks to establish a one-year contract, with the possibility of four annual renewals. The

County reserves the right to award the contract to one or more vendors and may add or remove locations as needed.

The contract is set to commence on July 1, 2025.

2.2. Background

The County provides the following approximate annual waste volumes to assist vendors in preparing pricing. These estimates are provided for planning purposes only and do not constitute a guaranteed volume.

• Detention Center: Medical waste collection averages approximately 4,100 lbs. per year

• EMS: Medical waste collection averages 1,300 gallons per year, Sharps collection averages 36 gallons per year

• Animal Care Services: Medical waste collection averages 820 gallons per year

2.3. Contact Information

Katherine Hawthorne

Senior Buyer

301 University Ridge, Ste. N2400

Greenville, SC 29601

Email: khawthorne@greenvillecounty.org

Phone: (864) 467-7203

Department:

Procurement Services Division

2.4. Timeline

Release Project Date May 15, 2026

Question Submission Deadline May 21, 2026, 10:00am mailto:khawthorne@greenvillecounty.org tel:(864)467-7203

Proposal Submission Deadline June 9, 2026, 3:00pm

Review of Proposals June 9 - 19, 2026

Tentative Date of Award June 19, 2026

Contract Negotiations June 19 - 30, 2026

Issue Notice to Proceed (Services to Begin

7/1/26):

June 30, 2026

3. Scope of Work

3.1. GENERAL OVERVIEW

The County of Greenville is seeking proposals from qualified, licensed, and experienced Contractors to provide comprehensive infectious medical waste disposal services. The selected Contractor(s) shall be responsible for the collection, transportation, treatment, and disposal of infectious medical waste generated at designated County facilities.

All services shall be performed in a safe, efficient, and professional manner and in strict compliance with all applicable federal, state, and local laws, regulations, and ordinances.

The County seeks to establish a one-year contract, with the possibility of four annual renewals. The

County reserves the right to award the contract to one or more vendors and may add or remove locations as needed.

3.2. SERVICE LOCATIONS AND SCHEDULING REQUIREMENTS

The Contractor shall provide scheduled pickups at, but not limited to, the following County facilities:

• Detention Center – 20 McGee Street, Greenville, SC 29601 – minimum of bi-weekly pickups

• Emergency Medical Services (EMS) – 225 S Pleasantburg Drive, Greenville, SC – minimum of bi-monthly pickups

• Animal Care Services – 328 Furman Hall Road, Greenville, SC 29609 – pickups to be scheduled as needed, generally monthly based on historical usage

The Contractor shall coordinate all pickup schedules with County designated representatives.

Any changes to the regular schedule, including holiday closures or service interruptions, shall be provided to the County in writing at the beginning of each calendar year.

The County reserves the right to add or remove service locations during the term of the contract. Any such changes shall be mutually agreed upon and incorporated through written contract amendment.

3.3. REGULATORY COMPLIANCE

The Contractor shall comply with all applicable federal, state, and local laws, regulations, and standards governing infectious medical waste, including but not limited to:

• Occupational Safety and Health Administration (OSHA) regulations, including 29 CFR 1910.1030

(Bloodborne Pathogens Standard)

• United States Environmental Protection Agency (EPA) requirements, as applicable

• South Carolina Department of Environmental Services (SCDES) regulations, including R.61-105

(Infectious Waste Management Regulation)

The Contractor shall be solely responsible for maintaining compliance for the duration of the contract.

3.4. SCOPE OF INFECTIOUS WASTE

The Contractor shall properly manage, handle, transport, and dispose of infectious medical waste, including but not limited to:

• Pathological waste

• Blood and blood products

• Sharps (needles, syringes, scalpels, and similar items)

• Laboratory waste

• Isolation waste

• Unused sharps

3.5. CONTRACTOR RESPONSIBILITIES (MATERIALS, EQUIPMENT, AND

TRANSPORTATION)

The Contractor shall furnish all labor, supervision, equipment, transportation, and supplies necessary to perform the services required under this contract.

At a minimum, the Contractor shall provide:

• Approved infectious waste containers (including sharps containers)

• Red biohazard bags and sealing materials

• All required packaging and labeling materials

• Properly licensed and compliant transportation vehicles

All transportation vehicles shall be maintained in accordance with applicable regulatory standards and shall be specifically designed for the safe transport of infectious medical waste.

3.6. PERSONNEL REQUIREMENTS

The awarded Contractor shall provide a complete roster of all personnel assigned to perform work under this contract, including names and job titles.

All Contractor personnel performing onsite services shall:

• Successfully complete a Greenville County Sheriff’s Office (GCSO) background check prior to assignment

• Be properly trained in infectious waste handling, safety procedures, and applicable regulatory requirements

The County reserves the right to review personnel assignments and request removal or replacement of any individual for reasonable cause.

The Contractor shall maintain an accurate and current personnel list throughout the term of the contract.

3.7. TRAINING AND QUALITY ASSURANCE

The Contractor shall ensure all personnel are adequately trained in:

• Infectious waste handling and disposal procedures

• Occupational safety requirements

• Proper use of personal protective equipment (PPE)

• Applicable regulatory compliance standards

The Contractor shall implement and maintain a quality assurance program to ensure services consistently meet or exceed contract requirements.

3.8. SERVICE REQUIREMENTS

The Contractor shall provide, at a minimum, the following services:

A. Initial Implementation

• Conduct site assessments at each County facility

• Determine appropriate container types, placement, and service levels

• Provide initial training to County personnel on proper segregation, handling, and packaging procedures

B. Ongoing Services

• Routine scheduled pickups (minimum bi-weekly unless otherwise agreed)

• On-call emergency pickup services available 24 hours per day, 7 days per week

• Maintenance, replacement, and servicing of containers as needed

C. Customer Support

• Dedicated account representative during normal business hours

• Technical and on-site support as required to resolve service issues

3.9. DOCUMENTATION AND REPORTING REQUIREMENTS

The Contractor shall provide all required manifests and regulatory documentation in accordance with applicable laws.

At a minimum:

• Waste shipment manifests shall be provided within twenty-four (24) hours of each pickup

• Monthly summary reports shall be submitted by the 10th of each month detailing waste volumes and types collected, treated, and disposed

3.10. BILLING AND INVOICING

The Contractor shall submit invoices on a monthly basis.

Invoices shall:

• Be accurate, itemized, and verifiable

• Clearly identify service dates, locations, and quantities

• Be submitted in accordance with County invoicing procedures

3.11. PRICING STRUCTURE

Vendors shall provide a clear and complete pricing structure, which shall include:

• Per-pound pricing for infectious medical waste (minimum requirement)

• Optional pricing by container type and/or monthly service fee structure

• Separate pricing for hazardous and non-hazardous waste streams, if applicable

• Optional tiered or volume-based pricing models

• Pricing for additional service locations upon County request prior to inclusion under contract

4. Instructions to Offerors

4.1. Pre-Proposal Meeting

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

4.2. Pricing

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

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

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

Unless indicated by County, pricing must be firm.

Vendors shall include pricing structure for the following.

• Per-pound pricing for infectious medical waste

• Optional container-based or monthly pricing

• Pricing for hazardous and non-hazardous waste streams (if applicable)

• All fees, surcharges, or additional costs clearly identified

4.3. Bonding

Bonding will not be required for this project.

4.4. Statement of Qualifications

The Statement of Qualifications shall demonstrate the proposer’s ability to successfully perform the services described in this solicitation. The County will evaluate responses based on the information provided in this section.

A. Provide a statement confirming full understanding of and compliance with the requirements of this solicitation.

1. Include acknowledgment of:

▪ Scope of Work requirements

▪ Ability to comply with all mandatory terms and conditions

▪ Responsiveness to all submission requirements

B. Provide documentation of relevant experience performing infectious medical waste management services or similar regulated waste services.

1. Include:

▪ At least three (3) comparable contracts within the past five (5) years

▪ Scope of services performed

▪ Contract duration and location

▪ Client references and contact information

▪ Government or public-sector experience (if applicable)

C. Provide documentation demonstrating operational capability to meet all service requirements.

1. Include:

▪ Staffing and organizational capacity

▪ Equipment, fleet, and facility resources

▪ Ability to meet scheduled bi-weekly pickups

▪ Ability to provide emergency/unscheduled services

▪ Service coverage for multiple County locations

D. Describe the proposer’s approach to performing the required services.

1. Include:

▪ Waste collection procedures

▪ Transportation and handling methods

▪ Treatment and disposal processes

▪ Reporting and documentation systems (including manifests)

▪ Customer service structure

▪ Emergency response and service continuity plans

E. Provide documentation demonstrating compliance with applicable laws and safety requirements.

1. Including:

▪ OSHA compliance (29 CFR 1910.1030 Bloodborne Pathogens Standard)

▪ EPA requirements (as applicable)

▪ SCDES R.61-105 compliance

▪ Employee safety training programs

▪ Regulatory compliance history

F. Provide a description of internal controls used to ensure service quality.

1. Include:

a. Quality control and inspection procedures

b. Performance monitoring systems

c. Complaint resolution procedures

d. Corrective action processes

e. Service consistency across multiple facilities

G. Provide at least three (3) references for similar services.

1. Include:

a. Organization name

b. Contact person and title

c. Phone number and email

d. Description of services provided

H. Provide documentation of all required licenses and permits necessary to perform the services in

South Carolina.

1. Include:

▪ Authority to operate in South Carolina

▪ Compliance with applicable tax obligations

▪ Commitment to maintain all required licenses and permits during the contract term

I. Provide a complete pricing structure including:

1. Per-pound pricing for infectious medical waste

2. Optional container-based or monthly pricing

3. Pricing for hazardous and non-hazardous waste streams (if applicable)

4. All fees, surcharges, or additional costs clearly identified

4.5. Submission Procedures and Requirements

A. All submissions must be received by Tuesday, June 9, 2026 at 3:00 pm. Submissions will not be accepted after the deadline. There will be no exceptions. Responders submitting proposals shall be responsible for all cost of preparing such proposals. Information requested and not received at the time of submission may disqualify the submitted proposal.

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

1. Introduction and Company Overview

2. Experience, Qualifications, and References

3. Organization, Staffing, and Operational Capacity

4. Proposed Approach and Services

5. Regulatory Compliance and Quality Control

6. Pricing and Fee Structure

7. Other Information Requested

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

4.6. Inquiries and Addenda

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

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

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

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

5. General Information

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

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

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

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

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

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

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

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

6. Insurance

6.1. Insurance Requirements

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

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

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

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

“Additional Insured” provision.

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

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

County's RFP #RFP #26113.

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

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

1. Comprehensive General Liability:

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

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

2. Automobile Liability:

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

3. Statutory Worker's Compensation:

a. Coverage A - State of SC

b. Coverage B - Employers liability

i. $1,000,000 Each Accident

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

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

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

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

4. Pollution and Professional Liability

a. $1,000,000 per occurence

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

7. Evaluation Phases

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

County's discretion. Point values are described below.

5 = High

4 = Medium High

3 = Average

2 = Medium Low

1 = Low

0 = Non-Responsive

No. Evaluation Criteria Scoring Method Weight (Points)

1. Responsiveness to RFP

• Completeness of proposal submission

• Compliance with all mandatory requirements outlined in the solicitation

0-5 Points 5 (16.7% of Total)

2. Experience with Projects of Similar Scope and

Size

• Demonstrated experience in infectious medical waste disposal services

• Experience with governmental or similarly complex public-sector clients

• Quality and relevance of referenced projects

0-5 Points 5 (16.7% of Total)

3. Ability to meet specifcations

• Ability to meet required service schedules, including bi-weekly and emergency pickups

• Availability of trained personnel, equipment, and fleet capacity

• Ability to scale services based on

County needs

• Methodology approach

0-5 Points 5 (16.7% of Total)

4. Regulatory Compliance and Safety

• Understanding of and compliance with OSHA, EPA, and SCDES regulations

• Strength of safety protocols, quality control, and employee training programs

• History of regulatory compliance and absence of violations (or mitigation measures if applicable)

0-5 Points 5 (16.7% of Total)

5. References

• Quality of service

• Reliability and responsiveness

• Contract compliance and performance history

0-5 Points 5 (16.7% of Total)

6. Cost

• Overall cost competitiveness

• Clarity and completeness of pricing structure

• Value offered in relation to services provided

• Ability to support variable service levels and additional locations

0-5 Points 5 (16.7% of Total)

8. Terms and Conditions

8.1. Safety, Health, and Security

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

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

8.2. Response Opening and Award:

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

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

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

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

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

8.3. Rights Reserved by Greenville County:

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

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

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

8.4. Responders Qualification:

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

8.5. Responders Responsibility:

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

8.6. References:

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

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

8.7. Waiver:

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

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

8.8. Rejection:

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

8.9. Response Signature and Solicitation Alterations:

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

8.10. Specification Changes, Additions and Deletions:

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

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

8.11. Response Changes:

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

8.12. Response Price:

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

8.13. Federal, State and Local Laws:

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

8.14. Tie Bids:

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

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

8.15. Deduction and Holdbacks:

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

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

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

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

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

8.16. Evaluation Criteria:

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

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

8.17. Quality:

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

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

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

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

8.19. Default:

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

8.20. Termination for Cause:

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

8.21. Termination for Convenience:

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

8.22. Non-Appropriation:

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

https://secure.procurenow.com/portal/greenvillecounty/projects/265154/document?section=2553429

8.23. Incorporation of Proposal into Contract:

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

8.24. S.C. Law Clause:

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

State.

8.25. Illegal Immigration Reform Act Compliance:

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

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

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

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

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

8.26. Assignment Clause:

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

8.27. Indemnification:

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

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

8.28. Deviations from Specifications:

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

8.29. Minor Deviations:

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

8.30. Contractor License Requirement:

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

8.31. Conflict of Interest Statement:

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

8.32. Contracts:

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

8.33. Contractor Liability:

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

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

8.34. Sub-Contracting:

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

8.35. Non-Collusion:

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

8.36. Prohibition of Gratuities:

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

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

8.37. Publicity Releases:

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

8.38. Public Record:

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

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

Freedom of Information Act and may be deemed public records.

8.39. Precedence:

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

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

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

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

8.41. Americans with Disabilities Act -

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

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

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

8.42. Asbestos Management Plan:

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

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

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

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

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

C. Provide proper licenses, permits, and certifications

D. Comply with all federal, state and local regulations

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

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

9. Sample Contract

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

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

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

10. Vendor Questionnaire

10.1. Illegal Immigration Reform Act Compliance*

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

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

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

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

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

☐ Please confirm

*Response required

10.2. S.C. Law Clause*

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

State.

☐ Please confirm

*Response required

10.3. Conflict of Interest Statement*

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

☐ Please confirm

*Response required

10.4. Non-Collusion*

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