Intent to Sole Source.rtf

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INTENT TO AWARD SOLE SOURCE-FRANKCOVEY
Solicitation number
5400023642
Issued by
Richland County, South Carolina

About this file

This is an Intent to Award Sole Source document issued by the South Carolina Department of Corrections on June 21, 2022, for the procurement of Franklin Covey training materials and an All Access Pass License Agreement. The department intends to sole source Franklin Covey Solutions for training materials that provide access to the PassTM portal, which includes various leadership and organizational development courses such as the 7 Habits on the Inside, Millennials @ Work, Building Business Acumen, Presentation Advantage, Project Management Essentials, Speed of Trust Foundations, and multiple other Franklin Covey solutions. The copyrighted materials include participant manuals, profiles, assessments, surveys, and other trademark-registered materials available exclusively from Franklin Covey. Responses to this intent to sole source must be submitted by July 7, 2022, at 10:00 a.m. to the SC Department of Corrections, Purchasing Branch, either by mail or email to purchasing@doc.sc.gov with the subject line "SOLE SOURCE." No pre-bid conference or site visit is applicable to this solicitation. The award becomes effective after the opening date and time if no responses are received.

The South Carolina Department of Corrections justifies the sole source award on the grounds that Franklin Covey's assessment, measurement tools, and copyrighted training materials are wholly owned by Franklin Covey and are not distributed through any other vendor, with Franklin Covey retaining exclusive rights to license its intellectual property. Protests of the intended award must be submitted within five business days of the notice posting date, with the actual protest required within fifteen days. The South Carolina Business Opportunities (SCBO) will post this notice for at least ten business days as required by South Carolina Code Section 11-35-1560. Offerors must complete all required forms, acknowledge receipt of any amendments, and provide documentation of authorization to perform all aspects of the required content.

Text of this file

Any vendor wishing to respondSAP file_0.png file_1.wmf

State of South Carolina

INTENT TO AWARD

SOLE SOURCE

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

Procurement Director:

5400023642 06/21/2022 Brittany Driggers 803-896-8533 Driggers.brittany@doc.state.sc.us SC Department of Corrections Attn: Purchasing Branch Ruthie Bishop, CPPB DESCRIPTION: Intent to Sole Source – Franklin Covey USING GOVERNMENTAL UNIT: SC Department of Corrections The Term "Offer" Means Your "Bid" or "Proposal". Your offer must be submitted in a sealed package. Solicitation Number & Opening Date must appear on package exterior. See "Submitting Your Paper Offer or Modification" provision.

SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:

MAILING ADDRESS:

SC Department of Corrections Attn: Purchasing Branch 4530 Broad River Road Columbia SC 29210

PHYSICAL ADDRESS:

SC Department of Corrections Attn: Purchasing Branch 4530 Broad River Road Columbia SC 29210 RESPONSE PERIOD ENDS AND MUST BE SUBMITTED BY (Opening Date/Time): 07/07/2022 @ 10:00:00a.m.

THIS INTENT TO SOLE SOURCE MAY BE EMAILED TO:

purchasing@doc.sc.gov

SUBJECT LINE MUST STATE INTENTENT TO SOLE SOURCE

*********NOT TO BE SENT TO BUYERS EMAIL ADDRESS***********

CONFERENCE TYPE: Not Applicable

DATE & TIME:

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

AWARD & AMENDMENTS

The Award becomes effective after opening / date and time if no responses are received. 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 thirty (30) calendar days after the Opening Date. (See "Signing Your Offer" provision.)

NAME OF OFFEROR

(full legal name of business submitting the offer) Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror 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 - PAPER ONLY (MAR. 2015)

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 - 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)).

____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

Page Page

Intent to Award Sole Source

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS

The South Carolina Department of Corrections intends to Sole Source Franklin Covey for the procurement of training materials for the All Access Pass for Franklin Covey Solutions. Franklin Covey has created a holistic framework for increasing the overall effectiveness and quality performance of complex organizations, as well as improving effectiveness in one’s personal life. This framework, emcompasses a variety of products and services including assessment and measurement, consulting, training, implemenetation processess, and application tools. The leadership-and organizational-oriented courses, services, materails and the license for use are available only from FranklinCovey. The copyrighted materials related to the above referenced curriculums include course-specific participant manual, profiles, assessments, survey as well as other copyrighted and trademark-registered materails.

The All Access Pass License Agreement for Franklin Covey Solutions to provide access to the PassTM portal for the following solutions but not limited to;

7 Habits on the InsideMillennials @ WorkTM
Building Business AcumenTMPresentation Advantage®
Find Out WHY: The Key to Successful InnovationTMProject Management Essentials®
FranklinCovey Excelerators®Speed of Trust® Foundations
FranklinCovey InsightsTMThe 4 Essential Roles of LeadershipTM
JhanaTM: Bite-Sized Learning for LeadersThe 5 Choices to Extraordinary Productivity®
Leaders @ ChangeTMThe 6 Critical Practices for Leading a TeamTM
Leadership FoundationsTMThe 7 Habits for Managers®
Leadership ModulesTMThe 7 Habits of Highly Effective People® Foundations
Leadership: Great Leaders, Great Teams, Great Results®The 7 Habits of Highly Effective People® Signature Program
Leading at the Speed of Trust®The 7 Habits® Leader Implementation
Managing MillennialsTMUnconscious Bias: Understanding Bias to Unleash PotentialTM
Meeting AdvantageWriting Advantage®

The assessment and measurement aspect of FranklinCovey’s Training, consulting and any related material, is wholly owned by FranklinCovey and is not distributed through or provided by anyone by FranklinCovey. FranklinCovey retains the exclusive rights in granting a license for use of its intellectual property.

Should you have concerns with this intent to award Franklin Covey please send your responses via e-mail to SC Department of Corrections.

RESPONSE PERIOD ENDS AND MUST BE SUBMITTED BY (Opening Date/Time): 07/07/2022 @ 10:00:00a.m.

The Award becomes effective after opening / date and time if no responses are received purchasing@doc.sc.gov - subject line SOLE SOURCE SC Department of Corrections -Attn: Elizabeth McWhorter – Sole Source Purchasing Department -4530 Broad River Road -Columbia, SC 29210

This notice will be posted in the South Carolina Business Opportunities (SCBO) for at least (10) business days as required by SC Code 11-35-1560.

PROTESTS:

If you are aggrieved in connection with the intended award or award of the contract, you may be entitled to protest, but only as provided in Section 11-35-4210. To protest an award, you must (i) submit notice of your intent to protest within (5) business days of the date this notice is posted, and (ii) submit your actual protest within fifteen days of the date this 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. 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. Any protest or notice of intent to protest must be addressed to the Chief Procurement Officer and submitted in writing.

Chief Procurement Officer -Materials Management Office 1201 Main Street, Suite 600 -Columbia, SC 29201 Facsimile: 803-737-0639 E-mail: protest-mmo@mmo.state.sc.us

All (3) pages of this Intent to Award Sole Source must be submitted with all required information entered on the front (2) pages. You must also provide documentation that you are authorized to perform all aspects of the content required.

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