Solicitation.docx

State of South Carolina

REQUEST FOR PROPOSALS

(Competitive Negotiations)

Solicitation Number:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400030061 10/07/2026 Sheila O. Willis 803-737-4417 swillis@mmo.sc.gov 1333 Main Street, Suite 700 Columbia, SC 29201

DESCRIPTION: LAKE HARTWELL PUBLIC RESORT

USING GOVERNMENTAL UNIT: SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM

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

SUBMIT OFFER BY (Opening Date/Time): 01/29/2027 11:00 AM ET (See Section L - Instructions, Conditions, and Notices to Offerors)

QUESTIONS MUST BE RECEIVED BY: 11/12/2026 12:00 PM ET (See Section L - Instructions, Conditions, and Notices to Offerors)

NUMBER OF COPIES TO BE SUBMITTED: One (1) Original Submission and, if applicable, One (1) Redacted Submission

CONFERENCE TYPE: Pre-Proposal Conference and Site Visit DATE & TIME: 11/04/2026 at 10:00 AM ET (As appropriate, see Section L - Instructions, Conditions, and Notices to Offerors) LOCATION: Lake Hartwell State Park Office 19138 SC-11, Fair Play, SC 29643

TABLE OF CONTENTS

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)

COVER PAGE

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

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)

AWARD (To be completed by the State)

MAXIMUM CONTRACT PERIOD:

PAGE TWO

End of PAGE TWO

Request for Proposals No. 54000##### Contents

Part 1-The Schedule A. Cover Page/Page 2 See Cover Page and Page 2 Supplies or services and prices/costs General The State Fiscal Accountability Authority Division of Procurement Services (SFAA-DPS), on behalf of the South Carolina Department of Parks, Recreation and Tourism (SC PRT), is soliciting for a qualified developer to design, construct, finance, operate and maintain facilities on Lake Hartwell in accordance with all requirements herein (including all attachments), all applicable laws and regulations, and the Offeror(s)’s responses thereto.

The primary purpose is to create facilities and services on Lake Hartwell property to meet public recreational demand. This solicitation will culminate with a sublease agreement between the selected Offeror and SC PRT only with the approval of the United States Army Corps of Engineers (USACE) and the South Carolina State Fiscal Accountability Authority (SC SFAA).

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

Contract Type The State intends to make one single definitive contract award from this solicitation. The resulting contract shall be a Sublease as specified below.

Revenue Based Pricing Revenue based pricing is described in Attachment B to this contract, which Attachment is incorporated into this Section B by reference.

Technical Approach and Staffing 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 the 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 Scope of Work (to be completed at time of award) The Scope of Work is attached to this contract as Attachment C.1, which Attachment is incorporated into this Section C by reference.

Land Use Guidelines The Department of The Army, U.S. Corps of Engineers Recreation Development Policy for Outgranted Corps Lands is attached to this Solicitation as Attachment C.2, which Attachment is incorporated by reference.

Property Map A copy of the property map is attached to this Solicitation as Attachment C.3, which Attachment is incorporated by reference.

Sub-Lease Agreement Leasing guidelines and proposed lease terms are attached to this Solicitation as Attachment C.4, which Attachment is incorporated 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:

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 [Intentionally Omitted]

Deliveries or performance Period of Performance Term of Contract – Effective Date / Initial Contract Period (Modified) The effective date of this contract is the first day of the Maximum Contract Period as specified on Page Two. The initial term of this agreement is 50 years from the effective date. Regardless, this contract expires no later than the last date stated on Page Two.

Conference – Pre-Performance (Modified) If requested by the Procurement Officer or the State, a pre-performance conference between the Contractor, State and Procurement Officer shall be held at a location selected by the state within ten (10) days after final award, and prior to commencement of work under the contract. The responsibilities of all parties involved will be discussed to ensure a meeting of the minds of all concerned. The successful contractor or his duly authorized representative shall be required to attend at contractor’s expense.

Deliverables Deliverables are described in Attachment C.1.

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

Acceptance The Contractor shall submit deliverables to the SC PRT Chief of Budget and Revenue for inspection, review, and acceptance. Final acceptance of individual deliverables under the contract will occur upon SC PRT signature.

State Comments and/or Approvals SC PRT will provide comments, items for correction and/or approvals on deliverables as detailed in Attachment C.1.

Key Personnel The Contractor shall assign to this contract the Key Personnel that will be determined at time of award.

Contract administration data Procurement Officer’s Authority (MODIFIED) All authority regarding this procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the only governmental official authorized to bind the government with regard to this procurement or the resulting contract, and any respective Change Orders or Modifications unless expressly stated herein.

Special contract requirements [Intentionally Omitted] Part 2-Contract Clauses

0. Mandatory Contract clauses Mandatory Clauses – State I.1.1 Definitions Except as modified herein, terms shall have the meanings ascribed to them in Section 11-35-310.

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

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

BUSINESS means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity. [11-35-310(3)] CHANGE ORDER means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract. [11-35-310(4)] 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.

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

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,” authorizes the Procurement Officer to order without the consent of the Offeror.

CONTRACTOR means the Offeror/Developer 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.

GOVERNMENTAL BODY means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive or judicial branch. Governmental body excludes the General Assembly or its respective branches or its committees, Legislative Council, the Legislative Services Agency, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts or any entity created by act of the General Assembly for the purpose of erecting monuments or memorials or commissioning art that is being procured exclusively by private funds.

GOVERNMENT INFORMATION means information (i) provided to Offeor by, or generated by Offeror for, the using governmental unit, or (ii) acquired or accessed by Offeror as a result of performing the Work. Without limiting the foregoing, government information includes any information that Offeror acquires or accesses as part of this engagement, which includes, without limitation, any metadata or location data. Government information excludes unrestricted information.

INFORMATION means any communication or representation of knowledge such as facts statistics, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual.

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.

LOSSES means any and all claims, losses, liabilities, damages, and expenses (including, without limitation, incidental costs and expenses, reasonable attorneys’ fees, reasonable cost of investigation and litigation, interest, and penalties).

MEDIA means physical devices or writing surfaces including but not limited to magnetic tapes, optical disks, magnetic disks, large scale integration memory chips, and printouts (but not including display media, e.g., a computer monitor, cathode ray tube (CRT) or other (transient) visual output) onto which information is recorded, stored, or printed within an information system.

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 Offer.

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.

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.

YOU and YOUR means Contractor.

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.

I.1.2 Affirmative Action The Contractor must take affirmative action in complying with all Federal and State requirements concerning fair employment of the handicapped, and concerning the treatment of all employees, without regard or discrimination by reason of race, color, religion, sex, national origin or physical handicap. The following are incorporated herein by reference: 41 C.F.R. 60-1.4, 60-250.4 and 60-741-4.

I.1.3 Assignment, Novation, and Change of Name, Identity, or Structure (FEB 2015)

(a) Contractor shall not assign this contract, or its rights, obligations, or any other interest arising from this contract, or delegate any of its performance obligations, without the express written consent of the responsible procurement officer. The foregoing restriction does not apply to a transfer that occurs by operation of law (e.g., bankruptcy; corporate reorganizations and consolidations but not including partial asset sales). Notwithstanding the foregoing, contractor may assign monies receivable under the contract provided that the state shall have no obligation to make payment to an assignee until thirty days after contractor (not the assignee) has provided the responsible procurement officer with (i) proof of the assignment, (ii) the identity (by contract number) of the specific state contract to which the assignment applies, and (iii) the name of the assignee and the exact address or account information to which assigned payments should be made. (b) If contractor amends, modifies, or otherwise changes its name, its identity (including its trade name), or its corporate, partnership or other structure, or its FEIN, contractor shall provide the procurement officer prompt written notice of such change. (c) Any name change, transfer, assignment, or novation is subject to the conditions and approval required by Regulation 19-445.2180, which does not restrict transfers by operation of law. [07-7A004-2] I.1.4 Choice-of-Law The contract, any dispute, claim, or controversy relating to the contract, 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 “contract” means any transaction or agreement arising out of, relating to, or contemplated by the solicitation.

I.1.5 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.

I.1.6 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 transaction or agreement arising out of, relating to, or contemplated by the solicitation. The government does not consent to the jurisdiction of any judicial or administrative tribunals in any other state or to any forum of alternative dispute resolution. (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 Page Two 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.

I.1.7 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.

I.1.8 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.

I.1.9 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 to anyone for any reason.

I.1.10 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.

I.1.11 Organizational Conflict of Interest

(a) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make 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.

I.1.12 Pricing Data- Audit – Inspection [Clause Included Pursuant to Section 11-35-1830, - 2210, & -2220] (a) [Deleted] (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 financial 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) [Deleted] (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.

I.1.13 U.S. Army Corps of Engineers Approval Required Final sub-lease terms will be negotiated with the selected Offeror and must receive formal approval from the USACE before execution.

Negotiated Terms and Conditions To the extent of any inconsistency or conflict, Section I.1 takes precedence over any similar terms in this Section I.2.

The Negotiated Terms and Conditions set forth in Attachment I.2 are incorporated herein by reference.

General Provisions - Special To the extent of any inconsistency or conflict, Section I.1 and I.2 takes precedence over any similar terms in this Section I.2.

This section shall consist of any Sub-Lease Agreements included in Attachment C.4 which is incorporated herein by reference.

Part 3-List of Documents, Exhibits, and Other Attachments

0. List of Attachments Solicitation Exhibits Incorporated into Final Contract Cover Page and Page Two Attachment B – Revenue Based Pricing Attachment C.1 – Scope of Work Attachment C.2 – Land Use Guidelines Attachment C.4 – Sub-Lease Agreement Attachment I.2 – Proposed Contract Terms [to be negotiated] Section K –Representations, certifications and other statements by offerors (incorporated by reference but not physically attached)

Solicitation Exhibits Not Incorporated into Final Contract Attachment C.3 - Property Map Attachment L.3 – Information for Offerors to Submit

Part 4-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 The solicitation follows the Uniform Contract Format which includes four parts. Part 1 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 2 includes Section I – Contract clauses.

Part 3 includes Section J – List of Attachments.

Part 4 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 This acquisition process will be conducted using the competitive negotiation source selection method in accordance with S.C. Code Ann. § 11-35-1535 and R. 19-445.2099. Several aspects of competitive negotiation warrant highlighting.

· An offeror may withdraw its proposal at any time prior to award. See section L.1.29.

· After initial evaluation of all proposals the procurement officer will establish a competitive range of the most promising proposals. See section M.2.

· The State will attempt to negotiate complete contracts with offerors selected to the competitive range. See section M.3.3

· At the conclusion of negotiations, the State will invite offerors remaining in the competitive range to submit best and final offers. See section M.3.3.

· The State will award a contract to the offeror whose final revised proposal represents the best value for the government. See section M.3.3.

· After award the procurement officer will assemble all contract documents and provide a signed copy of the contract to the successful offeror. See section L.12.

Instructions to Offerors 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 (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, any 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 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: See Cover Page

Location of Pre-Bid/Proposal Conference: See Cover Page

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 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 two parts, the technical proposal and the business 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 – Competitive Negotiation

(1) The State intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) 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 compact disk (CD), DVD, or 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 disk or 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 (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.

(c) If you have problems entering an on-line offer, you must contact the SCEIS Help Desk for assistance at (803) 896-0001 and follow the prompts. You may also contact the SCEIS Help Desk on-line at http://www.sceis.sc.gov/vendorrequests/. The SCEIS Help Desk is available Monday – Friday 8:00 AM – 4:30 PM. Do not contact the Procurement Officer with problems entering an offer into the system. Only questions regarding the solicitation documents should be addressed with the Procurement Officer.

(d) Do not wait until the last minute to submit your offer. If an on-line offer is not completed and in a submitted status prior to the submission deadline, the offer will not be considered for award.

Opening Proposals -- Information Not Divulged (Modified) In competitive negotiations, neither the number or identity of offerors nor prices will be divulged at opening. [Section 11-35-1535 & R. 19-445.2099A(1) and 19-445.2095C(1)] Prohibited Communications and Donations (Modified) Violation of these restrictions may result in disqualification of your offer, suspension, or debarment, and may constitute a violation of law.

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] [02-2A087-1] Proposal Acceptance Period (MODIFIED) In order to withdraw Your Proposal after the minimum period specified on the Cover Page, You must notify the Procurement Officer in writing.

Proposal as Offer to Contract (MODIFIED) By submitting Your 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.

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 a 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, you must (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 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 our FOIA Coordinator, Tara Simmons at tsimmons@mmo.sc.gov . 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] Protest - CPO - MMO Address (MODIFIED) Any protest must be addressed to the Chief Procurement Officer, Materials Management Office, and submitted in writing

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

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

Public Opening (MODIFIED) Proposals will be publicly opened at the date/time and at the location identified on the Cover Page, or last Amendment, whichever is applicable.

Qualifications of Offeror (MAR 2015)

(1) To be eligible for award, you must have the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance. We may also consider a documented commitment from a satisfactory source that will provide you with a capability. We may consider information from any source at any time prior to award. We may elect to consider (i) key personnel, any predecessor business, and any key personnel of any predecessor business, including any facts arising prior to the date a business was established, and/or (ii) any subcontractor you identify. (2) You must promptly furnish satisfactory evidence of responsibility upon request. Unreasonable failure to supply requested information is grounds for rejection. (3) Corporate subsidiaries are cautioned that the financial capability of an affiliated or parent company will not be considered in determining financial capability; however, we may elect to consider any security, e.g., letter of credit, performance bond, parent-company corporate guaranty, that you offer to provide. Instructions and forms to help assure acceptability are posted on www.procurement.sc.gov , link to “Standard Clauses & Provisions.” [05-5005-2] Questions from Offerors (MODIFIED)

(a) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. 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. We will not identify you in our answer to your question.

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

Email is the preferred method for submitting questions to the…