Solicitation.docx

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CONE HARVESTING SERVICES
Solicitation number
5400030064
Issued by
Lancaster County, South Carolina

About this file

This is a solicitation document issued by the South Carolina Forestry Commission for cone harvesting services at the Niederhof Forestry Center. The SC Forestry Commission seeks bids for harvesting pine cones from 59 acres across three pine species: 17 acres of Third Cycle Coastal Loblolly Pine (estimated 800 bushels), 12 acres of Third Cycle Piedmont Loblolly Pine (estimated 200 bushels), and 30 acres of Improved 1.5 Generation Longleaf Pine (estimated 800 bushels). The solicitation was issued on August 10, 2026, with a questions deadline of August 27, 2026, and a bid opening date of September 2, 2026, at 2:00 PM. A mandatory site visit will be held at the Niederhof Forestry Center (2045 Cotton Hill Road, Tillman, South Carolina 29943) on August 20-21, 2026, between 8:00 AM and 4:00 PM, with contact person Chris King (843-726-1249). Award notification is scheduled for September 3, 2026. The contract term is estimated from October 1, 2026, through December 31, 2026.

Payment will be made on a per-bushel basis determined by tallies of filled cones crates, with final tally conducted by the Seed Orchard Manager. Contractors must have a minimum of three years of verifiable cone harvesting experience and provide proof of liability insurance. The contractor is responsible for providing lift units (preferably 65-foot units to minimize soil compaction), fuel, maintenance, harvesting crew supervision, and ensuring cones are collected by hand or hand-held clippers without damage to tree limbs. All cones must be harvested within time-sensitive windows dictated by cone maturation, with the Loblolly harvest window approximately October 1-5 and the Longleaf harvest window approximately October 15-20. The SC Forestry Commission will provide sacks, crates, ripeness checks, trash and insect damage inspection, and crate transportation. Contractors must comply with all federal and state labor guidelines, maintain a drug-free workplace, and register as a South Carolina vendor with a vendor number prior to submission. One original bid is required, submitted online or to the SC Forestry Commission Procurement Office.

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SAP

State of South Carolina

Invitation For Bid

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400030064 08/10/2026 Jennifer Coleman 803-896-8836 jcoleman@scfc.gov SC Forestry Commission Attn: Procurement Office PO Box 21707 Columbia SC 29221

DESCRIPTION: Cone Harvesting Services

USING GOVERNMENTAL UNIT: SC Forestry Commission

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

SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:

MAILING ADDRESS:

SC Forestry Commission Attn: Procurement Office 5500 Broad River Rd Columbia SC 29212

PHYSICAL ADDRESS:

SC Forestry Commission Attn: Procurement Office 5500 Broad River Rd Columbia SC 29212

SUBMIT OFFER BY (Opening Date/Time): 09/02/2026 14:00:00 (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 08/27/2026 11:00:00 (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: One Original

CONFERENCE TYPE: Not Applicable

DATE & TIME:

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

AWARD & AMENDMENTS
Award will be posted on 09/03/2026. 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

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 (%)

PAGE TWO (SEP 2009)

End of PAGE TWO

Table of Contents

SECTION_I3
ACQUIRE SERVICES (JAN 2006)3
MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)3
SECTION_IIA4
DEFINITIONS, CAPITALIZATION, AND HEADINGS (MAY 2024)4
AMENDMENTS TO SOLICITATION (JAN 2004)4
AUTHORIZED AGENT (FEB 2015)4
AWARD NOTIFICATION (MAR 2024)5
BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)5
BID ACCEPTANCE PERIOD (JAN 2004)5
BID IN ENGLISH and DOLLARS (JAN 2004)5
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)5
CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)6
CODE OF LAWS AVAILABLE (JAN 2006)6
DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (JUL 2023)7
DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)7
DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)7
DUTY TO INQUIRE (FEB 2015)7
ETHICS CERTIFICATE (MAY 2008)7
OMIT TAXES FROM PRICE (JAN 2004)8
OPEN TRADE REPRESENTATION (JUN 2015)8
PROTESTS (MAY 2024)8
PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)8
PUBLIC OPENING (JAN 2004)8
QUESTIONS FROM OFFERORS (FEB 2015)8
REJECTION/CANCELLATION (JAN 2004)9
RESPONSIVENESS (MAR 2024)9
SIGNING YOUR OFFER (JAN 2004)9
STATE OFFICE CLOSINGS (JAN 2004)9
DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA (FEB 2021)9
SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015)10
VENDOR REGISTRATION MANDATORY (MAY 2024)10
WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)11

SECTION_IIB 12

ONLINE BIDDING INSTRUCTIONS (MAR 2015)……………………………………………………………………12

PROTEST - CPO - MMO ADDRESS (JUN 2006) 12

RESPONSIVENESS-CORRRECTION OF NON-CONFORMITY (MAR 2024)………………………………………13

SITE VISIT (JAN 2006)12
UNIT PRICES REQUIRED (JAN 2006)12
SECTION_III13
SEE BIDDING SCHEDULE15
DELIVERY/PERFORMANCE LOCATION -- SPECIFIED (JAN 2006)15
SECTION_IV16
INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (MAR 2015)16
SECTION_VError! Bookmark not defined.
QUALIFICATIONS OF OFFEROR (MAR 2015)16
QUALIFICATIONS - SPECIAL STANDARDS OF RESPONSIBILITY (MAR 2015)16
QUALIFICATIONS -- REQUIRED INFORMATION (MAR 2015)16
SUBCONTRACTOR -- IDENTIFICATION (FEB 2015)17
SECTION_VI18
AWARD CRITERIA -- BIDS (JAN 2006)18
AWARD TO ONE OFFEROR (JAN 2006)18
COMPETITION FROM PUBLIC ENTITIES (JAN 2006)18
SECTION_VIIA19
ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (FEB 2015)19
BANKRUPTCY - GENERAL (FEB 2015)19
CHOICE-OF-LAW (JAN 2006)19

CONTRACT AWARDED PURSUANT TO CODE (MAR 2024)………………………………………………………20

CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (MAY 2024)19
DISCOUNT FOR PROMPT PAYMENT (JAN 2006)20
DISPUTES (MAY 2024)20
EFT INFORMATION (APR 2024)20
FALSE CLAIMS (JAN 2006)20
FIXED PRICING REQUIRED (JAN 2006)20
NO INDEMNITY OR DEFENSE (FEB 2015)20
NOTICE (MAY 2024)21
OPEN TRADE (JUN 2015)21

ORGANIZATIONAL CONFLICTS OF INTEREST (JUL 2023)………………………………………………………22

PAYMENT and INTEREST (FEB 2021)21
PUBLICITY (JAN 2006)22
PURCHASE ORDERS (JAN 2006)22
SURVIVAL OF OBLIGATIONS (JAN 2006)22
TAXES (JAN 2006)22
TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)22
THIRD PARTY BENEFICIARY (JAN 2006)22
WAIVER (JAN 2006)22
SECTION_VIIB23
CHANGES (JAN 2006)23
COMPLIANCE WITH LAWS (JAN 2006)23
CONTRACTOR'S LIABILITY INSURANCE - GENERAL (FEB 2015)23
CONTRACTOR PERSONNEL (JAN 2006)24
CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006)24
DEFAULT (JAN 2006)24
ILLEGAL IMMIGRATION (NOV 2008)25
INDEMNIFICATION-THIRD PARTY CLAIMS - GENERAL (NOV 2011)26
LICENSES AND PERMITS (JAN 2006)26
LIMITATION OF LIABILITY -- SINGLE AGENCY (MAY 2020)26
PRICE ADJUSTMENTS (JAN 2006)27
PRICING DATA -- AUDIT -- INSPECTION (JAN 2006)27
RELATIONSHIP OF THE PARTIES (JAN 2006)27
SUBCONTRACTOR SUBSTITUTION PROHIBITED - RESIDENT SUBCONTRACTOR PREFERENCE (SEP 2009)27
TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006)28
TERMINATION FOR CONVENIENCE (JAN 2006)28
SECTION_VIII29
BIDDING SCHEDULE (NOV 2007)29

SECTION_IX 32

OFFEROR’S CHECKLIST (JUN 2007)……………………………………………………………………………….. .33

NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING 33

SAP

I. SCOPE OF SOLICITATION

It is the intent of the SC Forestry Commission to solicit bids for a contractor to provide cone harvesting services at our Niederhof Forestry Center. There are a total of 59 acres to be harvested between the Loblolly & Longleaf Pine Cones. Volume of harvest is estimated and therefore no quantity is guaranteed. All bids shall be according to the specifications herein.

ACQUIRE SERVICES (JAN 2006)

The purpose of this solicitation is to acquire services complying with the enclosed description and/or specifications and conditions. [01-1010-1]

MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)

Start date: 10/01/2026 End date: 12/31/2026. Dates provided are estimates only. Any resulting contract will begin on the date specified in the notice of award. See clause entitled "Term of Contract - Effective Date/Initial Contract Period". [01-1040-1]

SAP

II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

DEFINITIONS, CAPITALIZATION, AND HEADINGS (MAY 2024)

CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE ONLY AND WILL NOT BE USED TO CONSTRUE MEANING OR INTENT. EVEN IF NOT CAPITALIZED, THE FOLLOWING DEFINITIONS APPLY TO ALL PARTS OF THE SOLICITATION, UNLESS EXPRESSLY PROVIDED OTHERWISE.

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

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

BUSINESS means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity. [11-35-310(3)] CHANGE ORDER means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract. [11-35-310(5)] CONTRACT See clause entitled Contract Documents & Order of Precedence.

CONTRACT MODIFICATION means a written order signed by the procurement officer, directing the contractor to make changes which the clause of the contract titled “Changes,” if included herein, authorizes the Procurement Officer to order without the consent of the contractor. [11-35-310(9)] CONTRACTOR means the Offeror receiving an award as a result of this solicitation.

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

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

OFFEROR means the single legal entity submitting the offer. The term Bidder is used interchangeably with the term Offeror. See bidding provisions entitled Signing Your Offer and Bid/Proposal As Offer To Contract.

PAGE TWO means the second page of the original solicitation, which is labeled Page Two.

PROCUREMENT OFFICER means the person, or his successor, identified as such on either the Cover Page, an amendment, or an award notice.

YOU and YOUR means Offeror.

SOLICITATION means this document, including all its parts, attachments, 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 Contract,” either optional or mandatory, the phrase “Using Governmental Unit” means any South Carolina Public Procurement Unit [11-35-4610(5)] that has submitted a Purchase Order to you pursuant to the contract resulting from this solicitation. Reference the clauses titled “Purchase Orders” and “Statewide Contract.”

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

[02-2A003-4]

AMENDMENTS TO SOLICITATION (JAN 2004)

(a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov (b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. [02-2A005-1]

AUTHORIZED AGENT (FEB 2015)

All authority regarding this procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the only government official authorized to bind the government with regard to this procurement or the resulting contract. [02-2A007-1]

AWARD NOTIFICATION (MAY 2024)

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, the most recent notice of extension of award. Should the contract resulting from this Solicitation have a total or potential value more than one hundred thousand dollars, such notice will be sent electronically to all Offerors responding to the Solicitation. Unless a written notice of intent to protest is timely filed pursuant to Section 11-35-4210(1)(b) or the award is otherwise suspended or canceled, the award will be effective on the calendar day (including weekends and holidays) immediately following the seventh business day after such notice is given. [02-2A010-3]

BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)

By submitting Your Bid or Proposal, You are offering to enter into a contract with the Using Governmental Unit(s). Without further action by either party, a binding contract shall result upon final award. Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror on the Cover Page. An Offer may be submitted by only one legal entity; "joint bids" are not allowed. [02-2A015-1]

BID ACCEPTANCE PERIOD (JAN 2004)

In order to withdraw Your Offer after the minimum period specified on the Cover Page, You must notify the Procurement Officer in writing. [02-2A020-1]

BID IN ENGLISH and DOLLARS (JAN 2004)

Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the Solicitation. [02-2A025-1]

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAR 2024)

GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION MAY RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS AND OTHER APPLICABLE LAWS.

a) By submitting an offer, the offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

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

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

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification.

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

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)

(a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-

(i) Offeror and/or any of its Principals-

(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency;

(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any public (Federal, state, or local) entity.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

(b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award, Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the Offeror's responsibility. Failure of the Offeror to furnish additional information as requested by the Procurement Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in addition to other remedies available to the State, the Procurement Officer may terminate the contract resulting from this solicitation for default.

[02-2A035-1]

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]

DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (JUL 2023)

(“OCI FAQ for Contractors” is available at www.procurement.sc.gov )

(a) You certify that, after reasonable inquiry, to the best of your knowledge and belief: (1) your offer identifies any services that relate to either this solicitation or the work and that have already been performed by you, a proposed subcontractor, or an affiliated business or consultant of either; and (2) there are no relevant facts or circumstances that may give rise to an actual or potential organizational conflict of interest, as defined in S.C. Code Ann. Reg. 19-445.2127, or that your offer identifies and explains any unfair competitive advantage you may have in competing for the proposed contract and any actual or potential conflicts of interest that may arise from your participation in this competition or your receipt of an award.

(b) If you, a proposed subcontractor, or an affiliated business or consultant of either, have an unfair competitive advantage or an actual or potential conflict of interest, the State may withhold award. Before withholding award on these grounds, the State will notify you of the concerns and provide a reasonable opportunity for you to respond. The State may consider efforts to avoid or mitigate such concerns, including restrictions on future activities.

(c) The certification in paragraph (a) of this provision is a material representation of fact upon which the State will rely when considering your offer for award. [02-2A047-3]

DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)

Any offer received after the Procurement Officer of the governmental body or his designee has declared that the time set for opening has arrived, shall be rejected unless the offer has been delivered to the designated purchasing office or the governmental body's mail room which services that purchasing office prior to the opening. [R.19-445.2070(G)] [02-2A050-1]

DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)

By submitting an Offer, Contractor certifies that, if awarded a contract, Contractor will comply with all applicable provisions of The Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended. [02-2A065-1]

DUTY TO INQUIRE (FEB 2015)

Offeror, by submitting an Offer, represents that it has read and understands the Solicitation and that its Offer is made in compliance with the Solicitation. Offerors are expected to examine the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation. Failure to do so will be at the Offeror's risk. All ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation shall be interpreted to require the better quality or greater quantity of work and/or materials, unless otherwise directed by amendment. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the State's attention. See clause entitled "Questions from Offerors." [02-2A070-2]

ETHICS CERTIFICATE (MAY 2008)

By submitting an offer, the offeror certifies that the offeror has and will comply with, and has not, and will not, induce a person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics act). The following statutes require special attention: Section 8-13-700, regarding use of official position for financial gain; Section 8-13-705, regarding gifts to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance of public official; Sections 8-13-755 and 8-13-760, regarding restrictions on employment by former public official; Section 8-13-775, prohibiting public official with economic interests from acting on contracts; Section 8-13-790, regarding recovery of kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342, regarding restrictions on contributions by contractor to candidate who participated in awarding of contract. The state may rescind any contract and recover all amounts expended as a result of any action taken in violation of this provision. If contractor participates, directly or indirectly, in the evaluation or award of public contracts, including without limitation, change orders or task orders regarding a public contract, contractor shall, if required by law to file such a statement, provide the statement required by Section 8-13-1150 to the procurement officer at the same time the law requires the statement to be filed. [02-2A075-2]

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]

OPEN TRADE REPRESENTATION (JUN 2015)

By submitting an Offer, Offeror represents that Offeror is not currently engaged in the boycott of a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code Section 11-35-5300. [02-2A083-1]

PROTESTS (MAY 2024)

(a) If you are aggrieved in connection with the solicitation or award of the contract, you may be entitled to protest, but only as provided in Section 11-35-4210. To protest the solicitation or an amendment, your written protest must be received within fifteen Days of the date the applicable solicitation document is issued. To protest an award, (i) written notice of your intent to protest must be received within seven Business Days of the date the award notice is posted, and (ii) your actual written protest must be received within fifteen Days of the date the award notice is posted. Time periods are computed in accordance with Section 11-35-310(13) and the definitions for Day and Business Day. Both protests and notices of intent to protest must be received by the appropriate Chief Procurement Officer (CPO). See clause entitled "Protest-CPO." (b) Pursuant to Section 11-35-410, documents directly connected to a procurement activity may be available within five days after request. All document requests should be directed to John White. If a protest is pending, the protestant’s lawyer may access otherwise unavailable information by applying to the CPO for the issuance of a protective order. Additional information is available at www.procurement.sc.gov/legal [02-2A085-3]

PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)

Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of law.

(a) During the period between publication of the solicitation and final award, you must not communicate, directly or indirectly, with the Using Governmental Unit or its employees, agents or officials regarding any aspect of this procurement activity, unless otherwise approved in writing by the Procurement Officer. All communications must be solely with the Procurement Officer. [R. 19-445.2010]

(b) You are advised to familiarize yourself with Regulation 19-445.2165, which restricts donations to a governmental entity with whom you have or seek to have a contract. You represent that your offer discloses any gifts made, directly or through an intermediary, by you or your named subcontractors to or for the benefit of the Using Governmental Unit during the period beginning eighteen months prior to the Opening Date. [R. 19-445.2165] [02-2A087-1]

PUBLIC OPENING (JAN 2004)

Offers will be publicly opened at the date/time and at the location identified on the Cover Page, or last Amendment, whichever is applicable. [02-2A090-1]

QUESTIONS FROM OFFERORS (FEB 2015)

(a) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. Questions regarding the original solicitation or any amendment must be received by the Procurement Officer no later than five (5) days prior to opening unless an earlier date is stated on the Cover Page. Label any communication regarding your questions with the name of the procurement officer, and the solicitation's title and number. Oral explanations or instructions will not be binding. [See R. 19-445.2042(B)] Any information given a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an Amendment to the solicitation, if that information is necessary for submitting offers or if the lack of it would be prejudicial to other prospective offerors. See clause entitled "Duty to Inquire." We will not identify you in our answer to your question. (b) The State seeks to permit maximum practicable competition. Offerors are urged to advise the Procurement Officer -- as soon as possible -- regarding any aspect of this procurement, including any aspect of the Solicitation that unnecessarily or inappropriately limits full and open competition. [See R. 19-445.2140] [02-2A095-2]

REJECTION/CANCELLATION (JAN 2004)

The State may cancel this solicitation in whole or in part. The State may reject any or all proposals in whole or in part. [SC Code Section 11-35-1710 & R.19-445.2065] [02-2A100-1]

RESPONSIVENES (MAR 2024)

(a) Award will not be made on a nonresponsive offer. An offer is nonresponsive (i) if it does not constitute an unambiguous offer to enter into a contract with the State, or (ii) if it imposes conditions inconsistent with, or does not unambiguously agree to, the solicitation’s material requirements. (b) Bid as Specified. Offers for supplies or services other than those specified will not be considered unless authorized by the Solicitation.

[02-2A105-2]

SIGNING YOUR OFFER (JAN 2004)

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

STATE OFFICE CLOSINGS (JAN 2004)

If an emergency or unanticipated event interrupts normal government processes so that offers cannot be received at the government office designated for receipt of bids by the exact time specified in the solicitation, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal government processes resume. In lieu of an automatic extension, an Amendment may be issued to reschedule bid opening. If state offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule the conference. Useful information may be available at: https://scemd.org/closings/ [02-2A120-3]

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

(a) According to Section 11-35-410, any person submitting a document in response or with regard to any solicitation or other request must “comply with instructions provided in the solicitation for marking information exempt from public disclosure. Information not marked as required by the applicable instructions may be disclosed to the public.” IF YOU IDENTIFY YOUR ENTIRE RESPONSE AS EXEMPT FROM PUBLIC DISCLOSURE, OR IF YOU DO NOT SUBMIT A REDACTED COPY AS REQUIRED, THE STATE MAY, IN ITS SOLE DISCRETION, DETERMINE YOUR BID OR PROPOSAL NONRESPONSIVE AND INELIGIBLE FOR AWARD.

(b) By submitting a response to this solicitation or request, Offeror 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]

SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015)

Unless specifically instructed otherwise in the solicitation, you should submit your offer or modification in accordance with the clause titled "ON-LINE BIDDING INSTRUCTIONS." Paper offers are discouraged. If you must submit a paper offer or modification the following instructions apply. (a) All prices and notations should be printed in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the person signing the bid. Do not modify the solicitation document itself (including bid schedule). (b) (1) All copies of the offer or modification, and any other documents required to be submitted with the offer shall be enclosed in a sealed, opaque envelope or package. (2) Submit your offer or modification to the address on the Cover Page. (3) The envelope or package must show the time and date specified for opening, the solicitation number, and the name and address of the bidder. If the offer or modification is sent by mail or special delivery service (UPS, Federal Express, etc.), the outermost envelope or wrapper must be labeled "OFFER ENCLOSED" on the face thereof. (c) If you are responding to more than one solicitation, submit each offer in a separate envelope or package. (d) Submit the number of copies indicated on the Cover Page. (e) Facsimile or e-mail offers, modifications, or withdrawals, will not be considered unless authorized by the Solicitation. [02-2A130-2]

VENDOR REGISTRATION MANDATORY (MAY 2024)

You must have a state vendor number to be eligible to submit an offer. To obtain a state vendor number, visit www.procurement.sc.gov and select Doing Business with Us. Then select New Vendor Registration. (To determine if your business is already registered, go to "Vendor Search"). Upon registration, you will be assigned a state vendor number. Note that your vendor registration submission may take up to 30 days to process due to high numbers of registrants. Vendors must keep their vendor information current. If you are already registered and know your User ID and Password, you can update your information by selecting Update Vendor Registration. If you need to update information but do not have your User ID/Password, you must complete a new vendor registration and On Step 9 – Messages to Administration indicate “Update vendor number” with your existing 10-digit vendor number. (Please note that vendor registration does not substitute for any obligation to register with the S.C. Secretary of State or S.C. Department of Revenue. You can register with the agencies at South Carolina Business One Stop, http://scbos.sc.gov ) [02-2A145-2]

WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)

Offers may be withdrawn by written notice received at any time before the exact time set for opening. If the Solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for opening. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. The withdrawal and correction of Offers is governed by S.C. Code Section 11-35-1520 and Regulation 19-445.2085. [02-2A150-1]

SAP

II. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS

ON-LINE BIDDING INSTRUCTIONS (MAR 2015):

(a) Mandatory Registration. You must register before you can submit an offer on line! See clause entitled “VENDOR REGISTRATION MANDATORY.”

(b) Steps for On-Line Bidding #1 The link provided on the solicitation’s Cover Page will take you to our web based on-line bidding system, where you will enter and/or upload your offer.

#2 Follow the general user instructions posted at www.procurement.sc.gov under the heading “Submitting Offers.”

#3 Confirm your offer has a status of “submitted” by refreshing the “RFx and Auctions” screen.

Only offers with a status of “submitted” have been received by the State.

Offers with a status of “saved” have not been received.

#4 Save or print a copy of your offer using the “Print Preview” button after your offer has been submitted.

[02-2B105-2]

PROTEST - CPO - MMO ADDRESS (MAR 2024)

Any protest must be addressed to the Chief Procurement Officer, Materials Management Office, and submitted in writing

(a) by email to protest-mmo@mmo.state.sc.us , or

(b) by post or delivery to 1333 Main Street, Suite 700, Columbia, SC 29201.

[02-2B122-2]

RESPONSIVENESS – CORRECTION OF NON-CONFORMITY (MAR 2024):

Offerors will not be given an opportunity to correct any material nonconformity. Any deficiency resulting from a minor informality may be cured or waived at the sole discretion of the Procurement Officer. [02-2B127-1]

SITE VISIT (JAN 2006)

A site visit will be held at the following date, time and location. 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.

Contact Person's Name: Chris King Contact's Phone Number: 843-726-1249 Location: Niederhof Forestry Center 2045 Cotton Hill Rd Tillman, SC 29943 Date of Site-Visit: August 20th & 21st between 08:00am – 04:00PM

[02-2B165-1]

UNIT PRICES REQUIRED (JAN 2006)

Unit price to be shown for each item. [02-2B170-1]

SAP

III. SCOPE OF WORK/SPECIFICATIONS

It is the intent of the SC Forestry Commission to solicit bids for a contractor to provide cone harvesting services at our Niederhof Forestry Center. Below is information about the crop and collection requirements needed to submit a bid.

1.0 CROP AND COLLECTION INFORMATION

1.1 Crop Information

· Third cycle Coastal Loblolly Pine: 17 acres of Improved Third-Cycle Coastal Loblolly Pine. Trees average 48’-52’ in height and is comprised of 16-22 year old grafts. Three families will be marked for collection. Estimated total for this year’s collection is up to 800 bushels, but actual yields may vary. All cones from each flagged selection are required to be harvested, unless otherwise stipulated by Seed Orchard Manager. Harvest dates for this orchard block are time-sensitive and these selections are to be harvested before any other orchards; furthermore, cone collections must cease once cone opening occurs for a selection.

· Third Cycle Piedmont Loblolly Pine: 12 acres of Improved Third-Cycle Piedmont Loblolly Pine. Trees average 48’-52’ in height and is comprised of 16-22 year old grafts. One selection will be marked for collection. Estimated total for this year’s collection is up to 200 bushels, but actual yields may vary. All cones from the flagged selection are required to be harvested, unless otherwise stipulated by Seed Orchard Manager. Harvest dates for this orchard block are time-sensitive and selections must not be collected before reaching maturation, and harvesting must cease once cone opening occurs for a selection.

· Improved 1.5 Generation Longleaf Pine: 30 acres of Improved 1.5-Generation Longleaf Pine- Trees average 52’-57’ in height. Entire orchard to be bulk harvested, until quotas are achieved. Estimated collection is up to 800 bushels, but actual yields may vary. Longleaf cones achieve maturation later than does loblolly and will not be harvested until cone maturation is realized, usually around Oct. 15-20, and must cease once cone opening occurs.

Note: All estimated volumes are for planning purposes to assist contractor in formulating a bid. These estimates are not guaranteed, nor are they fixed quantities that may not be exceeded. The SC Forestry Commission reserves the right to set quotas for all crops during cone harvest operations.

1.2 Collection Requirements

· In collecting the 3rd-Cycle Loblolly orchards (Coastal and Piedmont), as well as the 1.5 Generation Longleaf pine orchard, the Forestry Commission prefers the contractor provide 65’ lift units to collect these orchards, to minimize soil compaction, as well as for optimal cone collection. Due to the time-sensitivity of cone maturation, all Third-Cycle loblolly pine cones must be collected within the timeframe given in the section entitled “Crop, Niederhof Forestry Center” so as to minimize any possibility of premature seed development which will affect the quantity and quality of the seeds processed from this collection. Additionally, due to cone maturation processes, the longleaf cone crop will not be collected before cone maturation, usually between Oct. 15-20, to minimize seed development issues which also will affect the quantity and quality of seeds processed from this collection. Each bidder must consider these parameters carefully and plan accordingly to enable cone harvest operations to be performed with minimal delays in operations while adhering to cone maturation schedule per each species to be harvested.

1.3 Harvesting and Storage

· Cones must be picked by hand or with hand-held clippers. Pruning shears, pole pruners, etc., are not acceptable. Extreme care should be taken by contractor to insure cone collection crew minimizes limb and branch breakage. Limb and branch breakage severely impacts the quantity of cones available for the following year’s cone harvest. SCFC personnel shall specify, through maturity checks, when cones may be collected. Cones must be relatively free of trash and straw; cones with significant insect damage shall not be harvested. Sacks shall be provided to the contractor for cone storage. In all loblolly orchards, the selection flagging shall be affixed to the individual sack containing 1.5 buckets (8 gallons) picked cones, with a total of 20 bushels to be placed into cone crates, with the selection flagging affixed to the cone crate.

· Longleaf cones retained by the SCFC must be placed in sacks provided, with one bucket per sack, and filled to a volume of 20 bushels/crate.

· Each orchard is comprised of different selections- no selection is replicated across orchards! Flagging colors within each orchard are only applicable to individual selections within that particular orchard.

1.4 Time of Collection

· Harvesting the 3rd-Cycle Coastal Loblolly pine seed orchard must begin no earlier than October 1st and no later than October 5th (pending weather conditions); following direction of the Seed Orchard Manager, subsequent orchards will be harvested until the harvest is completed prior to Longleaf cones opening around the last week of October. This will provide approximately 4 weeks to perform cone harvest. Weather conditions may affect starting date and time available for collection by one week earlier or later. Upon request, access to the site can be provided seven days per week if required. Normal operating hours are between 8:00 AM and 4:30 PM, Monday through Friday. Forestry Commission personnel may not be available on site after hours, so take appropriate precautions and plan accordingly.

2.0 GENERAL SOLICIATION REQUIREMENTS

2.1 Contractor’s Responsibilities

· Provide lift units, fuel and maintenance for same. Must be able to increase crew size and/or number of lift units should conditions warrant to ensure desired cone crop is collected.

· Safety of lift units and crew.

· Supervises harvesting crew.

· Fills sacks and crates, while ensuring selection integrity is maintained by affixing selection color to sacks and cone crates.

· Ensures cones are relatively free of trash and doesn’t collect cones with significant insect damage.

· Comply with Department of Labor Guidelines.

· Responsible for all activities after normal working hours.

· Ensures cones collected within individual orchards are not transferred across orchards.

2.2 SCFC Responsibilities

· Provide sacks and cone crates to each individual orchard.

· Direct which areas of orchard/which selections are to be harvested.

· Conduct ripeness checks to determine when families may be collected.

· Inspects harvested cones for trash and straw, insect damage.

· Label filled cone crates and transport to storage area.

· Tally filled volumes of sacks and cone crates.

2.3 Payment and Invoicing

· Payment will be based on a per bushel basis determined by a tally of filled crates using criteria provided for quantities per sack and sacks per crate. Volumes of filled crates will be determined by SCFC. Payments will be made to one designated individual. Contractor will need to keep individual worker tallies if so desired. One lump sum payment will be made based upon final tally. Partial payments may be made in lieu of single lump-sum payment. Partial payments will be based upon tallies of cones collected within specified period. A final tally will be determined by Mr. Chris King, Seed Orchard Manger.

2.4 Other Information

· Any problem between contractors and SCFC relating to any aspect of cone harvest shall try to be settled on day problem arises. Any problems involving volumes of filled crates shall be resolved prior to payment for services.

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