MSSP Solicitation.docx

State of South Carolina

COMPETITIVE NEGOTIATIONS

Solicitation Number:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400022195 11/04/2021

ZACH YARBROUGH

803-896-0284 zyarbrough@mmo.sc.gov 1201 Main Street, Suite 600 Columbia, SC 29201

DESCRIPTION: Managed Security Services Provider (MSSP)

USING GOVERNMENTAL UNIT: South Carolina Department of Administration, (Admin)

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

SUBMIT OFFER BY (Opening Date/Time): December 9, 2021 at 11:00 ET (See Section L - Instructions, Conditions, and Notices to Offerors)

QUESTIONS MUST BE RECEIVED BY: November 19, 2021 at 2:00 ET (See Section L - Instructions, Conditions, and Notices to Offerors)

NUMBER OF COPIES TO BE SUBMITTED: On-line Submission and One Redacted Copy (if necessary)

CONFERENCE TYPE: Pre-Proposal Conference DATE & TIME: November 15, 2021 at 10:00 ET (As appropriate, see Section L - Instructions, Conditions, and Notices to Offerors) LOCATION: Virtual Conference E-mail the Procurement Officer for login information

X

You must submit a signed copy of this form with Your Offer. In accordance with the solicitation the undersigned agrees, if this offer is accepted within one hundred and eighty (180) calendar days from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. (See Section L - Instructions, Conditions, and Notices to Offerors)

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 " Section L - Instructions, Conditions, and Notices to Offerors)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

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

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 and Interest" 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 "Invoicing Instructions" 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 Section L - Instructions, Conditions, and Notices to Offerors)

DISCOUNT FOR PROMPT PAYMENT

(See "Discount for Prompt Payment" clause)

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 PREFERENCES DO NOT APPLY

Request for Proposals No. 54000##### Supplies or services and prices/costs General This contract is to provide managed security and networking support services for the South Carolina Department of Administration (Admin).

The Contractor shall provide all services and materials to accomplish the requirements as specified herein.

Contract Type This is an indefinite quantity, indefinite delivery contract with firm-fixed unit prices as specified below.

Pricing (to be completed at time of award) Pricing is described in Attachment B to this contract, which Attachment is incorporated into this Section B by reference.

B.4 Total Contract Value The total value of this contract, inclusive of options, will not exceed $ (to be completed at time of award).

B.5 Award Notice Award of this contract is in consideration of the Contractor’s technical approach and staff qualifications, as presented in its proposal submitted in response to the RFP.

Therefore, the proposal is incorporated into the contract, as a separate attachment, to the extent the proposal covers the Contractor’s proposed approach and staffing. Any inconsistency between the contract and proposal shall be resolved by giving precedence to the contract (The Schedule) as provided in the contract clause titled “Order of Precedence.”

Description/specifications/statement of work Statement of Work (to be completed at time of award) The Statement of Work is attached to this contract as Attachment C, which Attachment is incorporated into this Section C by reference.

Packaging and marking Delivery/Performance Location After award, all deliveries shall be made and all services provided to the following address, unless otherwise specified:

Office of Technology and Information Services South Carolina Department of Administration 4430 Broad River Road Columbia, SC 29210 Payment of Postage and Fees All postage and fees related to the submission of information, including forms, reports, etc., to the Procurement Officer, the using governmental unit, or the person(s) designated to receive deliverables, shall be the responsibility of the Contractor.

Marking Deliverables The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract. Mark deliverables for the appropriate office and person.

Inspection and acceptance Inspection of Services will be in accordance with Attachment C, Exhibit 3.0 – Performance Model.

Deliveries or performance Period of Performance The State anticipates awarding a contract with an initial term of four (4) years and two (2) months, with two (2) additional one-year renewal options, along with one (1) additional ten-month renewal option for a total potential maximum contract of seven (7) years.

The Effective Date of this contract is the first day as specified on the final Statement of Award and also the first day of the transition period. The transition period is the period between the Effective Date and the Commencement Date of the contract that covers the transition of services from the Incumbent Service Provider contract to the awarded Offeror of this Solicitation. The Commencement Date is the date the Parties agree upon, in writing, as the date on which Service Provider begins providing the Services to the first Agency. The initial term of this agreement is four (4) years and two (2) months which covers both the transition period and services period following the Commencement Date.

At the end of the initial term, and at the end of each renewal term, this contract shall automatically renew for a period of one (1) year unless Offeror receives notice that the state elects not to renew the contract at least ninety (90) days prior to the date of renewal. Regardless, this contract expires no later than the last date stated on the final statement of award.

Deliverables Deliverables are described in Attachment C, Exhibit 3.1 (Service Level Matrix).

State Property All deliverables become the property of the State.

State Comments and/or Approvals Requirements for review and acceptance of Deliverables are specified in Attachment C, Exhibit 2.1.1 (Cross-Functional Statement of Work), Section 5.4 Deliverables Management.

Key Personnel Requirements for key personnel are specified in Attachment C, Exhibit 1.4 (General Provisions), Section 5.1 Key Personnel.

Agency Business Hours The Agency’s business hours are 8:30 am to 5:00 pm, Monday – Friday, except State holidays. The Contractor shall coordinate work hours at government facilities with the Admin Program Manager. The Contractor shall not perform work at government facilities on holidays or other non-business days without prior approval of the Admin Program Manager.

In coordination with the Admin Program Manager, work plan schedules should take into consideration agency business hours in regards to scheduling and performance of work by the State and by the Contractor when working at the agency facilities.

Notice Regarding Late Delivery In the event the Contractor anticipates that it will not be able to meet any delivery and/or performance requirements identified in order, it shall immediately notify the Program Manager orally and in writing giving pertinent rationale and proposed corrective action(s).

Contract administration data Procurement Officer’s Authority All authority regarding this procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the only State official authorized to bind the State with regard to this procurement or the resulting contract.

Special contract requirements [Intentionally Omitted]

Part II-Contract Clauses

0. Mandatory Contract clauses Mandatory Clauses – State Definitions Except as modified herein, terms shall have the meanings ascribed to them in Section 11-35-310.

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

CONTRACT means the agreement between the State and the Contractor resulting from this Solicitation.

CONTRACTOR means the Offeror awarded the Contract.

COVER PAGE means Section A of the Contract, signed by the Contractor.

IN WRITING, WRITING, or WRITTEN means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

PAGE TWO means the second page of Section A of the Contract, 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 Contractor.

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

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

US or WE means 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 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.

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.

Choice-Of-Law The Agreement, any dispute, claim, or controversy relating to the Agreement, and all the rights and obligations of the parties shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of South Carolina, except its choice of law rules. As used in this paragraph, the term “Agreement” means any transaction or agreement arising out of, relating to, or contemplated by the solicitation.

Contract Awarded Pursuant to Code This contract is formed pursuant to and governed by the South Carolina Consolidated Procurement Code and is deemed to incorporate all applicable provisions thereof and the ensuing regulations.

Disputes

(1) Choice-of-Forum. All disputes, claims, or controversies relating to the Agreement shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Richland County, State of South Carolina. Contractor agrees that any act by the Government regarding the Agreement is not a waiver of either the Government's sovereign immunity or the Government's immunity under the Eleventh Amendment of the United States Constitution. As used in this paragraph, the term "Agreement" means any contract, transaction or agreement arising out of, relating to, or contemplated by the solicitation. (2) Service of Process. Contractor consents that any papers, notices, or process necessary or proper for the initiation or continuation of any disputes, claims, or controversies relating to the Agreement; for any court action in connection therewith; or for the entry of judgment on any award made, may be served on Contractor by certified mail (return receipt requested) addressed to Contractor at the address provided as the Notice Address on the Signature Page(s) or by personal service or by any other manner that is permitted by law, in or outside South Carolina. Notice by certified mail is deemed duly given upon deposit in the United States mail.

Equal Opportunity Contractor is referred to and shall comply with all applicable provisions, if any, of Title 41, Part 60 of the Code of Federal Regulations, including but not limited to Sections 60-1.4, 60-4.2, 60-4.3, 60-250.5(a), and 60-741.5(a), which are hereby incorporated by reference.

Illegal Immigration (An overview is available at www.procurement.sc.gov) You agree to provide to the State upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable to you and your subcontractors or sub-subcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, “A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.” You agree to include in any contracts with your subcontractors language requiring your subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14.

Incorporation by Reference of Representations and Certifications The Contractor’s representations and certifications, including those in Section K and any accompanying explanation, are incorporated by reference into the contract.

No Indemnity or Defense Any term or condition is void to the extent it requires the State to indemnify, defend, or pay attorney’s fees for anyone for any reason.

Offshore Contracting Prohibited No part of the resulting contract from this solicitation may be performed offshore of the United States by persons located offshore of the United State or by means, methods, or communications that, in whole or in part, take place offshore of the United States Open Trade During the contract term, including any renewals or extensions, Contractor will not engage 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.

Order of Precedence - Integration

(a) Contract. Any contract resulting from this solicitation shall consist of (1) Parts I, II, and III of the Uniform Contract Format; (2) any attachments identified as contract documents in Section J.1 or specifically incorporated into the contract by reference; (3) Section K and any accompanying explanation as executed and submitted by the Contractor; and (4) any purchase order(s).

(b) Precedence. Except as follows, these documents shall be read to be consistent and complementary. Part II shall be given full effect prior to the application of any other term in the contract, and to the extent of any inconsistency or conflict, the terms in Part II take precedence over any similar terms in the contract.

(c) Integration. Documents (1) through (3) above constitute the entire agreement between the parties and supersede all other prior or contemporaneous agreements, representations, or discussions, whether oral or written. These documents shall apply notwithstanding any additional or different terms and conditions in any other document, including without limitation, (i) a purchase order or other instrument submitted by the State, (ii) any invoice or other document submitted by Contractor, or (iii) any privacy policy, terms of use, or end user agreement. Except as otherwise allowed this contract, the terms and conditions of all such documents shall be void and of no effect. No contract, license, or other agreement containing contractual terms and conditions will be signed by any Using Governmental Unit. Any document signed or otherwise agreed to by persons other than the Procurement Officer shall be void and of no effect.

Organizational Conflict of Interest

(a) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor make will a full disclosure in writing to the Procurement Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Procurement Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(b) Remedies - The Procurement Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Procurement Officer, the State may terminate the contract for default, debar the Contractor for State contracting, or pursue such other remedies as may be permitted by law or this contract.

(c) The Contractor further agrees to insert provisions which shall conform substantially to the language of this clause in any subcontract of consultant agreement hereunder.

Payment and Interest

(a) The State shall pay the Contractor, after the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified herein, including the purchase order, payment shall not be made on partial deliveries accepted by the Government. (b) Unless otherwise provided herein, including the purchase order, payment will be made by check mailed to the payment address on “Page Two.” (c) Notwithstanding any other provision, payment shall be made in accordance with S.C. Code Section 11-35-45, or Chapter 6 of Title 29 (real property improvements) when applicable, which provides the Contractor’s exclusive means of recovering any type of interest from the Owner. Contractor waives imposition of an interest penalty unless the invoice submitted specifies that the late penalty is applicable. Except as set forth in this paragraph, the State shall not be liable for the payment of interest on any debt or claim arising out of or related to this contract for any reason. (d) Amounts due to the State shall bear interest at the rate of interest established by the South Carolina Comptroller General pursuant to Section 11-35-45 (“an amount not to exceed fifteen percent each year”), as amended, unless otherwise required by Section 29-6-30. (e) Any other basis for interest, including but not limited to general (pre- and post-judgment) or specific interest statutes, including S.C. Code Ann. Section 34-31-20, are expressly waived by both parties. If a court, despite this agreement and waiver, requires that interest be paid on any debt by either party other than as provided by items (c) and (d) above, the parties further agree that the applicable interest rate for any given calendar year shall be the lowest prime rate as listed in the first edition of the Wall Street Journal published for each year, applied as simple interest without compounding. (f) The State shall have all of its common law, equitable and statutory rights of set-off.

Pricing Data- Audit – Inspection [Clause Included Pursuant to Section 11-35-1830, - 2210, & -2220] (a) Cost or Pricing Data. Upon Procurement Officer’s request, you shall submit cost or pricing data, as defined by 48 C.F.R. Section 2.101 (2004), prior to either (1) any award to contractor pursuant to 11-35-1530 or 11-35-1560, if the total contract price exceeds $500,000, or (2) execution of a change order or contract modification with contractor which exceeds $100,000. Your price, including profit or fee, shall be adjusted to exclude any significant sums by which the state finds that such price was increased because you furnished cost or pricing data that was inaccurate, incomplete, or not current as of the date agreed upon between parties. (b) Records Retention. You shall maintain your records for three years from the date of final payment, or longer if requested by the chief Procurement Officer. The state may audit your records at reasonable times and places. As used in this subparagraph (b), the term “records” means any books or records that relate to cost or pricing data submitted pursuant to this clause. In addition to the obligation stated in this subparagraph (b), you shall retain all records and allow any audits provided for by 11-35-2220(2). (c) Inspection. At reasonable times, the state may inspect any part of your place of business which is related to performance of the work. (d) Instructions Certification. When you submit data pursuant to subparagraph (a), you shall (1) do so in accordance with the instructions appearing in Table 15-2 of 48 C.F.R. Section 15.408 (2004) (adapted as necessary for the state context), and (2) submit a Certificate of Current Cost or Pricing Data, as prescribed by 48 CFR Section 15.406-2(a) (adapted as necessary for the state context). (e) Subcontracts. You shall include the above text of this clause in all of your subcontracts. (f) Nothing in this clause limits any other rights of the state.

Termination Due to Unavailability of Funds Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled. In the event of a cancellation pursuant to this paragraph, contractor will be reimbursed the resulting unamortized, reasonably incurred, nonrecurring costs. Contractor will not be reimbursed any costs amortized beyond the initial contract term.

General Provisions - State (to be completed at time of award) To the extent of any inconsistency or conflict, Section I.1 takes precedence over any similar terms in this Section I.2.

Part III-List of Documents, Exhibits, and Other Attachments

0. List of Attachments Solicitation Exhibits Incorporated into Final Contract Attachment B, Pricing Structure (to be completed at the time of award) Exhibit 4.0 – Business Model Exhibit 4.1 – Pricing Structure Exhibit 4.2 – Financial Responsibility Matrix Exhibit 4.3 – Form of Invoice Exhibit 4.4 – In-Flight Projects Attachment C – Statement of Work, consisting of the following exhibits:

Exhibit 1.1 - Definitions Exhibit 1.2 - Governance Model Exhibit 1.3 - Service Management Manual Exhibit 1.4 - General Provisions

Exhibit 2.1.1 - Cross-Functional Services Statement of Work Attachment B – Form of Work Order Exhibit 2.1.2 - Information Security Services Statement of Work Exhibit 2.1.3 - Network Security Services Statement of Work Exhibit 2.1.4 - Cross-Functional Services Solution Exhibit 2.1.5 - Information Security Services Solution Exhibit 2.1.6 - Network Security Services Solution Exhibit 2.2 - Termination Assistance Services Exhibit 2.3 - IT Service Continuity Management Exhibit 2.4 - Key Personnel Attachment F – Deliverables Exhibit 3.0 - Performance Model Exhibit 3.1 – Service Level and Deliverable Matrix Exhibit 3.2.1 – Service Level Definitions – Information Security Services Exhibit 3.2.2 – Service Level Definitions – Network Security Services Exhibit 3.3 – Description of Reports Exhibit 3.3-A – Reports Exhibit 3.4 – Customer Satisfaction Attachment I – General Provisions - Special Section K –Representations, certifications and other statements by offerors Solicitation Exhibits Not Incorporated into Final Contract Exception to Requirements Offer Qualifications Offeror Experience Offeror References Cancelled Contracts OSP Non-Disclosure Agreements Service Provider Security Assessment Questionnaire Part IV-Representations and Instructions

0. Representations, certifications, and other statements of offerors Section K - Representations, certifications, and other statements of offerors is a separate document.

Instructions, conditions, and notices to offerors Description This contract is to provide the state’s information security services (ISS) and network security services (NSS).

Background The South Carolina Department of Administration’s Office of Technology and Information Services (OTIS) is responsible for providing key information technology services and solutions to agencies throughout South Carolina’s state government enterprise. OTIS delivers services and solutions directly, but it also manages contracts for externally provided services. One such service is the state’s information technology (IT) security function, including network security. Within OTIS, operational responsibility for IT network security is divided between the Division of Information Security (DIS) and the Division of Technology Operations (DTO). DIS is responsible for cybersecurity including the operation of the state’s Security Operations Center and for managing responses to IT security incidents. DTO is responsible for the management and operation of the state’s network, firewalls, and remote access technologies, and for the overall network design architecture.

OTIS is responsible for implementing the state’s federated model for enhancing and protecting information technology resources and for the utilization of IT shared services across covered state agencies. This centralized focus ensures governance and oversight while requiring agencies to implement standardized technologies and information security controls, policies, and guidelines. This procurement supports the current Statewide Strategic Information Technology Plan’s goal to improve the security of the state’s technology systems and business processes to protect citizens’ data. This procurement also supports that plan's objective in promoting efficient IT services for state government. OTIS thus seeks to obtain the services in the most cost-efficient manner possible.

The Department of Information Security (DIS) within OTIS was created by the South Carolina General Assembly as part of the 2013-14 General Appropriations Act. As constituted, DIS provides information security services for the State of South Carolina’s government agencies covered under the current year’s General Appropriations Act Part 1B, §117.99.

DIS executes its mission through an established cybersecurity framework which sets standards and establishes procedures and methodologies. DIS has also invested in tools, utilities, software, and critical infrastructure hardware components for the operational security services encompassed within its mission. Using these, DIS identifies, diagnoses, responds, investigates, and reports on potential security incidents and events within its scope of operations. DIS also provides proactive services in the form of network monitoring, infrastructure support, application security assessments, and vulnerability management. Information security services are delivered to agencies based on their needs and capabilities. DIS is currently integrated with the MS-ISAC and H-ISAC and exchanges STIX/TAXII data with those organizations.

The current contract with Lumen terminates June 30, 2022 and can be found at www.procurement.sc.gov. OTIS released an RFP in December 2020 but did not award a contract and terminated the procurement in early 2021.

Vision and Desired Outcomes

Vision:

The vision for the Managed Security Services (MSS) program is to create an agile security service that proactively meets the evolving needs of agencies provided by a services partner with the depth, experience, and thought leadership to continuously secure the environment.

Desired Outcomes:

· Service Evolution

· A more secure, market-based best practice MSS solution that meets consumer requirements

· An agile service model that expands and contracts services as needed to manage the threat lifecycle

· Security Partner

· A partner relationship with an experienced supplier that has capacity to support the state

· Continuous improvement of state agencies security posture to mitigate risk

· Service Clarity

· Clear accountability of service delivery across ecosystem of suppliers, consumers, and Admin

· Clarity of service coverage with consumers to ensure environment is protected

· Governance Accountability

· A defined, operational governance model that drives strategy, collaboration, and accountability

· Transparency of service performance and charges

Format The solicitation follows the Uniform Contract Format which includes four parts. Part I is the Schedule and includes eight sections:

Section A - Cover Page and page 2 Section B – Supplies or Services and prices/ costs Section C – Description/ specifications/ statement of work Section D – Packaging and marking Section E – Inspection and acceptance Section F – Deliveries or performance Section G – Contract administration data Section H – Special contract requirements Part II includes Section I – Contract clauses.

Part III includes Section J – List of Attachments.

Part IV includes three sections:

Section K - Representations, certifications, and other statements of offerors Section L – Instructions, conditions, and notices to offerors Section M – Evaluation factors for award Instructions to Offerors Definitions (MODIFIED) Except as modified herein, terms shall have the meanings ascribed to them in Section 11-35-410.

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

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

CLARIFICATION means any communication in which the procurement officer requests or accepts information that clarifies any information in a proposal. Clarification does not include the request for or acceptance of any change to the terms of a contractual offer.

COMPETITIVE RANGE means the offeror or group of offerors selected for negotiation.

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

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

DEFICIENCY means any term of an offer that does not conform to a material requirement of a solicitation. A material requirement is one that affects the price, quantity, quality, delivery, or other performance obligations of the contract.

IN WRITING, WRITING, or WRITTEN means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

NEGOTIATIONS means any communication that invites or permits an offeror to change the terms of its contractual offer in any way. Negotiation does not include communications involving (i) information that is necessary to understand an offer, but that does not change any text or graphics in the offer, (ii) information about the offeror, or (iii) any other information that will not bind the parties upon acceptance of an offer.

OFFER means those portions of a proposal that constitute a written promise or set of promises to act or refrain from acting in a specified way, so made as to manifest a commitment to be bound by those promises upon acceptance by the State. Offer does not include mere descriptions of approaches, plans, intentions, opinions, predictions, or estimates; statements that describe the Offeror’s organization or capability; or any other statements that do not make a definite and firm commitment to act or refrain from acting in a specified way.

OFFEROR means the single legal entity submitting the Proposal. See bidding provisions entitled “Signing Your Proposal” and “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.

PROPOSAL means the information submitted to the State in response to a request for proposals. The information in a proposal includes (i) the offer, (ii) information explaining the offer, (iii) information about the offeror, and (iv) any other information that is relevant to source selection decision making.

PROPOSAL MODIFICATION is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

PROPOSAL REVISION is a change to a proposal made after the solicitation closing date, at the request of or as allowed by the Procurement Officer as the result of negotiations.

YOU and YOUR means Offeror.

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

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

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

US or WE means 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.

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

Amendments to Solicitation (MODIFIED)

(a) The Solicitation may be amended in accordance with Section 11-35-1535(D) and Reg. 19-445.2099D(2). All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov (b) Prior to opening, 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.

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 Using Governmental Units(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] 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.

Bid in English and Dollars (MODIFIED) Proposals submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the Solicitation.

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] Conference - Pre-Bid/Proposal (JAN 2006) Pre-Bid/Proposal Conference Date and Time: Nov 3, 2021 at 10:00 a.m.

Location of Pre-Bid/Proposal Conference: Virtual Conference Contact the Procurement Officer for Access

Due to the importance of all offerors having a clear understanding of the specifications and requirements of this solicitation, a conference of potential offerors will be held on the date specified on the cover page. Bring a copy of the solicitation with you. Any changes resulting from this conference will be noted in a written amendment to the solicitation. Your failure to attend will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the State. The State assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available at the conference. Nor does the State assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract. [02-2B025-1] Contents of Proposal (RFP) (MODIFIED)

(a) Proposals should be complete and carefully worded and should convey all of the information requested.

(b) Proposals should be prepared simply and economically, providing a straightforward, concise description of offeror’s capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

(c) The contents of your proposal must be divided into three parts, the administrative proposal, technical proposal and the financial proposal. Each part should be bound in a single volume.

(d) Your proposal must include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item.

(e) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(f) Offerors may submit proposals that depart from stated requirements. Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the State. Any deviations from the terms and conditions of the solicitation, as well as the comparative advantage to the State, shall be clearly identified and explicitly defined. The State reserves the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on the revised requirements.

Contract Award

(1) The State intends to award a contract resulting from this solicitation to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The State may reject any or all proposals if such action is in the State’s interest.

(3) The State may waive informalities and minor irregularities in proposals received.

(4) The State intends to evaluate proposals and award a contract after conducting negotiations with offerors whose proposals have been determined to be within the competitive range. If the Procurement Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Procurement Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most promising proposals. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint.

(5) The State reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The State reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the State’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the State.

(8) The State may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Procurement Officer determines that the lack of balance poses an unacceptable risk to the State.

(9) If a cost realism analysis is performed, cost realism may be considered by the Procurement Officer in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

Deadline for Submission of Proposal (MODIFIED) Any Proposal 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 Proposal has been delivered to the designated purchasing office or the governmental body’s mail room which services that purchasing office prior to the opening. [R.19-445.2070(G)] Disclosure of Your 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 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”. By submitting a response, you agree to defend, indemnify and hold harmless the State of South Carolina, its agencies, officers and employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney’s fees, arising out of or resulting from withholding information by the State of South Carolina or any of its agencies, that you have redacted or marked as “Confidential” or “Trade Secret” or “Protected”. (All references to S.C. Code of Laws.) [02-2A125-3] Electronic Copies - Required Media and Format (MODIFIED) UNLESS SPECIFICALLY INSTRUCTED OTHERWISE IN THE SOLICITATION, you should submit your proposal or modification in accordance with the clause titled “ON-LINE BIDDING INSTRUCTIONS.” If you must submit an electronic copy other than by using SCEIS, the following instructions apply. An electronic copy or copies must be submitted on USB drive. Submit the number of copies indicated on the cover page. Each copy should be on separate media. Your business and technical proposals must be on separate media. Every USB drive must be labeled with the solicitation number and the offeror’s name, and specify whether its contents address the technical proposal or business proposal. If multiple-disk sets are provided, each disk in the set must be appropriately identified as to its relationship to the set, e.g., 1 of 2. The electronic copy must be identical to the original proposal. File format shall be compatible with Microsoft Office (version 2003 or later), or Adobe Acrobat or equivalent Portable Document Format (.pdf) viewer. The Procurement Officer must be able to view, search, copy and print electronic documents without a password. Submit your electronic copies to the following address: State Fiscal Accountability Authority, 1201 Main Street, Suite 600, Columbia SC 29201.

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] On-Line Bidding Instructions (MODIFIED)

(a) Mandatory Registration. You must register before you can…