Solicitation.docx

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INSTRUCTIONAL MAT. TEXTBOOK MGMT SYSTEM State and local contract opportunity
Solicitation number
5400029042
Issued by
Richland County, South Carolina

About this file

This is a Request for Proposal (RFP) solicitation issued by the South Carolina Department of Education (SCDE), Office of Instructional Materials, for the procurement of a Commercial Off-the-Shelf (COTS) Software-as-a-Service (SaaS) Instructional Materials Inventory Management System (IMIMS). The system must manage instructional materials inventory for approximately 800,000 students across 1,300 schools and 80 districts statewide. The solicitation requires integration with existing Student Information Systems (primarily PowerSchool), the state's central depository (RL Bryan), and support for barcode scanning tools. Key deliverables include a secure publisher portal aligned with South Carolina Regulation 43-70, automated bid tracking and evaluation workflows, a public-facing transparency portal, school-level ordering with district approval workflows, SIS integration with EdFi API compatibility, student-level material assignment functionality, annual inventory protocols, and comprehensive reporting capabilities. The submission deadline is December 3, 2025, at 11:00 AM ET, with questions due by November 14, 2025, at 9:00 AM ET. The award will be posted on December 19, 2025. The contract includes a three-year initial term beginning January 6, 2026, with four optional one-year renewal periods, extending through January 5, 2033. No pre-bid conference or site visit is scheduled.

The solicitation requires fixed pricing presented in an Excel spreadsheet with line-item accounting covering all labor, materials, supplies, equipment, user licenses, and travel costs. A detailed milestone-based payment schedule tied to specific deliverables and anticipated completion dates must accompany the cost proposal. Technical proposals will be evaluated on a 50-point scale for solution suitability, qualifications and experience on 30 points, and value on 20 points. The vendor must comply with South Carolina Regulation 43-70 and all applicable federal and state privacy laws, including FERPA, PPRA, and Section 508 accessibility standards. The system must be hosted within the United States with 99.9% network availability, support 99% system uptime, and include service level agreements with credits for non-compliance. The contractor must provide comprehensive training at five regional locations, maintain a live helpdesk Monday through Friday from 7:00 AM to 7:00 PM ET, and ensure data migration from the legacy Follett/Destiny system. Security requirements include FedRAMP-based controls, encryption at rest and in transit, multi-factor authentication, single sign-on capability, role-based access controls, and documented incident response procedures with 24-hour notification requirements. All SCDE data must be returned in usable, structured formats upon contract termination with secure destruction certification.

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SAP

State of South Carolina

Request for Proposal

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400029042 11/7/2025

KATHY SANTANDREU

8037348428 ksantandreu@ed.sc.gov SC Department of Education Attn: Procurement Office 849 Learning Lane West Columbia SC 29172-3171

DESCRIPTION: Instructional Materials Textbook Management System

USING GOVERNMENTAL UNIT: SC Department of Education – Office of Instructional Materials

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

SUBMIT OFFER BY (Opening Date/Time): 12/3/2025 11:00 AM ET (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 11/14/2025 9:00 AM ET (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: See 3rd page (labeled page 1)

If no redacted copy of your submission is required, please initial here: ______________________

CONFERENCE TYPE: n/a

DATE & TIME:

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions) LOCATION: n/a

AWARD & AMENDMENTS
Award will be posted on 12/19/2025. 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 180 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 - ON-LINE 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)

South Carolina Department of Education c/o Office of Instructional Materials 849 Learning Lane West Columbia, SC 29172

NOTICE ADDRESS (Address to which all procurement and contract-related notices should be sent.) (See "Notice" clause)

_________________________________________________ Area Code - Number - Extension Facsimile

_________________________________________________ E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.) (See "Payment" clause)

____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one) ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders and "Contract Documents" clauses)

____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision)

Amendment No.
Amendment Issue Date
Amendment No.
Amendment Issue Date
Amendment No.
Amendment Issue Date
Amendment No.
Amendment Issue Date

DISCOUNT FOR PROMPT PAYMENT

(See "Discount for Prompt Payment" clause)

10 Calendar Days (%)
20 Calendar Days (%)
30 Calendar Days (%)
_____Calendar Days (%)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): Preferences do no apply

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Preferences do no apply

____In-State Office Address same as Home Office Address ____In-State Office Address same as Notice Address (check only one)

PAGE TWO (SEP 2009)

End of PAGE TWO

**IMPORTANT INFORMATION FOR ALL OFFERORS**

All Offerors desiring to respond to this solicitation should register and submit your response online. To respond online, you must follow the new South Carolina Enterprise Information System (SCEIS) vendor registration instructions found at the South Carolina Procurement Information Center website address of: http://www.procurement.sc.gov/. Even if you are registered in the old procurement system, you must still register or update your information in the new SCEIS system. Once the registration process is complete, the system will generate a new SCEIS vendor user id and password. The Offeror must keep this information current, or you will not be able to submit future bids.

OFFERORS ENCOUNTERING REGISTRATION OR SYSTEM PROBLEMS MUST CONTACT:

DSIT Help Desk (803) 896-0001 Monday – Friday 8:00 AM – 4:30 PM SCEIS Service Desk Vendor Ticket Form Additional vendor instructions concerning submitting offers can be found at:

http://procurement.sc.gov/PS/vendor/PS-vendor-submitting-offers.phtm

Note: Please do not wait until the last minute (as in the day the response is due) to submit your solicitation response. Give yourself enough time in case you run into any issues.

NUMBER OF COPIES

Offerors will need to follow these instructions carefully when responding to the solicitation.

1. The original solicitation response (including cost/price) and a redacted copy (marked redacted) of the same proposal should be submitted on-line and is the official response.

2. Offerors should attach all requested documents to their response in the online system. These documents can be attached under the “My Notes” tab in the online system either on the main response page or under the necessary line item. If submitting multiple attachments label them clearly.

In addition to your online submission, please submit the following copies of your solicitation response (all items must be labeled with your company name, solicitation number and solicitation tile):

ALL COPIES (ONLINE AND USB) MUST BE IDENTICAL (SAME PAGINATION, SAME INFORMATION, SAME ORDER, ETC) Qty. 1 (one) USB drive copy of the RFP response. USB drive will have only 4 (four) files:

· Your first file will be your Technical Proposal

· Your second file will be your Price Proposal

· Your third file will be a redacted * Technical Proposal

· Your fourth file will be a redacted Price Proposal

*Note: Redacted copies must reflect the same pagination of the original and show the empty space (or blacked out sections) from which information was redacted. If a redacted copy is not submitted and we receive a FOIA request, we will have to release your proposal response as is. Your entire response cannot be redacted. Pricing cannot be redacted (if you use formulas or pricing structures that are proprietary you can redact those, but you cannot redact the final price). If no redacted copy is required, please initial appropriate section on cover page.

All copies must be submitted no later than the “submit offer by” date and time. Mailing or hand delivery address for the hard copies and USB drive is 849 Learning Lane, West Columbia, SC 29172 (make sure to label your box/envelope with the solicitation name, number and Attn: Kathy Santandreu).

Table of Contents

SAP

SECTION_I4
ACQUIRE SERVICES and SUPPLIES / EQUIPMENT (JAN 2006)5
MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)4
SECTION_IIA5
DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015)5
AMENDMENTS TO SOLICITATION (JAN 2004)6
AUTHORIZED AGENT (FEB 2015)6
AWARD NOTIFICATION (FEB 2015)6
BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)6
BID ACCEPTANCE PERIOD (JAN 2004)6
BID IN ENGLISH and DOLLARS (JAN 2004)6
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)7
CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)7
CODE OF LAWS AVAILABLE (JAN 2006)8
DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (FEB 2015)8
DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)8
DRUG FREE WORKPLACE CERTIFICATION (JAN 2004)9
DUTY TO INQUIRE (FEB 2015)9
ETHICS CERTIFICATE (MAY 2008)9
OMIT TAXES FROM PRICE (JAN 2004)9
OPEN TRADE REPRESENTATION (JUN 2015)10
PROTESTS (MAY 2019)10
PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)10
PUBLIC OPENING (JAN 2004)11
QUESTIONS FROM OFFERORS (FEB 2015)11
REJECTION/CANCELLATION (JAN 2004)11
RESPONSIVENESS/IMPROPER OFFERS (JUN 2015)13
SIGNING YOUR OFFER (JAN 2004)12
STATE OFFICE CLOSINGS (JAN 2004)12
DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA (FEB 2021)12
TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN 2008)12
VENDOR REGISTRATION MANDATORY (JAN 2006)14
WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)14
SECTION_IIB15
ON-LINE BIDDING INSTRUCTIONS (MAR 2015)15
PROTEST - CPO - MMO ADDRESS (JUN 2006)15
SECTION_III16
STATEMENT OF WORK (JUN 2007)19
DELIVERY/PERFORMANCE LOCATION -- SPECIFIED (JAN 2006)18
QUALITY -- NEW (JAN 2006)18
TECHNICAL SUPPORT -- INCLUDED (JAN 2006)18
SECTION_IV18
INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (MAR 2015)19
MINORITY PARTICIPATION (DEC 2015)19
SECTION_V24
QUALIFICATIONS OF OFFEROR (MAR 2015)24
QUALIFICATIONS -- REQUIRED INFORMATION (MAR 2015)24
SUBCONTRACTOR -- IDENTIFICATION (FEB 2015)24
SECTION_VI25
AWARD TO ONE OFFEROR (JAN 2006)25
COMPETITION FROM PUBLIC ENTITIES (JAN 2006)25
UNIT PRICE GOVERNS (JAN 2006)26
SECTION_VIIA27
ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (FEB 2015)27
BANKRUPTCY - GENERAL (FEB 2015)27
CHOICE-OF-LAW (JAN 2006)27
CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (FEB 2015)30
DISCOUNT FOR PROMPT PAYMENT (JAN 2006)28
DISPUTES (JAN 2006)31
EFT INFORMATION (FEB 2021)31
FALSE CLAIMS (JAN 2006)29
FIXED PRICING REQUIRED (JAN 2006)29
NO INDEMNITY OR DEFENSE (FEB 2015)29
NOTICE (JAN 2006)32
OPEN TRADE (JUN 2015)30
PAYMENT and INTEREST (FEB 2021)30
PUBLICITY (JAN 2006)31
PURCHASE ORDERS (JAN 2006)31
SURVIVAL OF OBLIGATIONS (JAN 2006)31
TAXES (JAN 2006)31
TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)31
THIRD PARTY BENEFICIARY (JAN 2006)32
WAIVER (JAN 2006)32
SECTION_VIIB33
CHANGES (JAN 2006)33
COMPLIANCE WITH LAWS (JAN 2006)34
CONFERENCE -- PRE-PERFORMANCE (JAN 2006)34
CONTRACTOR'S LIABILITY INSURANCE - GENERAL (FEB 2015)34
CONTRACTOR PERSONNEL (JAN 2006)37
CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006)37
CONTRACTOR'S USE OF STATE PROPERTY (JAN 2006)37
DEFAULT (JAN 2006)37
ILLEGAL IMMIGRATION (NOV 2008)39
INDEMNIFICATION-THIRD PARTY CLAIMS - GENERAL (NOV 2011)39
INDEMNIFICATION-INTELLECTUAL PROPERTY (JAN 2006)40
LICENSES AND PERMITS (JAN 2006)44
MATERIAL AND WORKMANSHIP (JAN 2006)45
OWNERSHIP OF DATA and MATERIALS (JAN 2006)45
PRICE ADJUSTMENTS (JAN 2006)45
PRICING DATA -- AUDIT -- INSPECTION (JAN 2006)45
RELATIONSHIP OF THE PARTIES (JAN 2006)46
SHIPPING / RISK OF LOSS (JAN 2006)47
TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006)47
TERMINATION FOR CONVENIENCE (JAN 2006)47
SECTION_VIII49
BIDDING SCHEDULE (NOV 2007)52
SECTION_IX50
LIST OF ATTACHMENTS51
NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING52

SAP

I. SCOPE OF SOLICITATION

ACQUIRE SERVICES and SUPPLIES / EQUIPMENT (JAN 2006) The purpose of this solicitation is to acquire services complying with the enclosed description and/or specifications and conditions. [01-1010-1]

The South Carolina Department of Education (SCDE) seeks to enter into a contract with a qualified vendor to procure a Commercial Off-the-Shelf (COTS), Software-as-a-Service (SaaS) solution to function as an Instructional Materials Inventory Management System (IMIMS). The system must effectively manage instructional materials inventory, integrate with the Student Information System (SIS) to generate student listings, interface with the central repository, and be compatible with existing barcode scanning tools. It must also include comprehensive training for administrators, teachers, and staff on the full use of IMIMS and its features and modules.

MAXIMUM CONTRACT PERIOD - ESTIMATED (Jan 2006) Start date: 1/06/2026 End date: 1/5/2033. 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] This includes a three (3) year initial term with four (4) optional one-year renewal periods.

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 (modified)

(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 with their offer, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two (3) 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. (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

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]

Additional note: Any and all changes or modifications to this solicitation and resulting contracts must be issued via a change order or contract modifications exclusively by the SCDE Procurement Officer. Any change or modification directed (whether verbal or in writing) from any other person will not be legally binding.

AWARD NOTIFICATION (MAR 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. [02-2A032-1]

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), Offeror 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 WORKPLACE 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]

MULTIPLE OFFERS (MAR 2024)

Offerors may submit more than one Offer, provided that each Offer has significant differences other than price. Each separate Offer must satisfy all Solicitation requirements. If this solicitation is an Invitation for Bids, each separate offer must be submitted or uploaded as a separate document and must clearly indicate that it is a separate offer. If this solicitation is a Request for Proposals, multiple offers may be submitted or uploaded as one document, provided that you clearly differentiate between each offer and you submit a separate cost proposal for each offer, if applicable. [02-2A079-1]

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]

PRICING (MAR 2024)

(a) Fixed Price. If a fixed price is required, an award will not be made on an Offer if the total possible price to the State cannot be determined. (b) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price. (c) Unbalanced Pricing. The State will analyze all offers with separately priced line items or subline items to determine if the prices are unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated. The responsible procurement officer may reject an offer as unreasonably priced if she determines that unbalanced pricing increases performance risk (e.g., it is so unbalanced as to be tantamount to allowing an advance payment) or could result in payment of unreasonably high prices. S.C. Code Ann. Reg. 19-445.2122C. [02-2A082-2]

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 as specified below . 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]

Important Notice: From the time an intent to award or award notice is posted until the award becomes final vendors may request access to procurement-related documents directly from the responsible procurement officer notated on the cover page of this document.

Upon receipt of a valid request, the procurement officer will provide, within five (5) calendar days, specifically requested documents directly connected to the procurement. Title of your email must read: Request for documents, [title of the procurement] and Solicitation [number]. Vendors are responsible for ensuring that any requests under this provision are timely and properly directed.

After the award becomes final, all such requests must be submitted through the designated Freedom of Information Act (FOIA) portal: ed.sc.gov, Data & Reports, Freedom of Information Act (FOIA) Requests. Freedom of Information Act (FOIA) Requests.

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 to 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]

Note: All questions must be submitted via email and received by the Procurement Officer for this solicitation no later than November 14, 2025, at 9:00 AM ET.

Please do not wait until the last minute to submit your questions.

Email is the method for submitting questions and communicating with the procurement officer, Title the “Subject Line” of your email(s): “Instructional Materials Textbook Management System /RFP 5400029042” Questions must be submitted in an easily copied format such as MS Word.

Please DO NOT insert your questions into tables or separate them with lines. Simply number them down the page.

Email: ksantandreu@ed.sc.gov

SCDE understands that everyone will be eager to see the publication of the amendment with the answers to vendor questions. Please know that we will work diligently to post all answers within a few days after the question-and-answer period closes. If it takes longer than a few days, we are aware that dates may need to be adjusted accordingly.

We kindly ask that you refrain from emailing the procurement officer conducting this procurement with questions about when the amendment will be published or reminders about the approaching due dates. They are already aware of these details and understand that you may need additional time if the amendment takes longer to publish. Please note that they may not be able to respond to such emails.

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]

RESPONSIVENESS (MAR 2024)

(a) Award will not be made on a non-responsive offer. An offer is non-responsive (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- 3]

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 and 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]

TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (APR 2024)

Pursuant to Section 12-6-3350, a taxpayer having a contract with this State who subcontracts with a socially and economically disadvantaged small business is eligible for an income tax credit equal to four percent of the payments to that subcontractor for work pursuant to the contract. The subcontractor must be certified as a socially and economically disadvantaged small business as defined in Section 11-35-5010 and regulations pursuant to it. The credit is limited to a maximum of fifty thousand dollars annually. A taxpayer is eligible to claim the credit for ten consecutive taxable years beginning with the taxable year in which the first payment is made to the subcontractor that qualifies for the credit. After the above ten consecutive taxable years, the taxpayer is no longer eligible for the credit. A taxpayer claiming the credit shall maintain evidence of work performed for the contract by the subcontractor. The credit may be claimed on Schedule TC-2, “Credit for State Contractors Subcontracting with Socially and Economically Disadvantaged Small Business.” A copy of the subcontractor’s certificate from the Division of Small and Minority Business Contracting and Certification is to be attached to the contractor’s income tax return. Questions regarding the tax credit and how to file are to be referred to: SC Department of Revenue, http://dor.sc.gov. Questions regarding subcontractor certification are to be referred to: Division of Small and Minority Business Contracting and Certification, http://smbcc.sc.gov. [02-2A135-2]

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

CONTENTS OF OFFER (RFP) (modified)

(a) Offers should be complete and carefully worded and should convey all of the information requested. (b) Offers 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 offer must be divided into two parts, the technical proposal and the business proposal (value). (d) If your offer includes any comment over and above the specific information requested in the solicitation, you are to include this information as a separate appendix to your offer. Offers which include either modifications to any of the solicitation’s contractual requirements or an offeror’s standard terms and conditions may be deemed nonresponsive and not considered for award.

ONLINE BIDDING INSTRUCTIONS (MODIFIED)

(a) Mandatory Registration. You must register before you can submit an offer online! See clause entitled "Vendor Registration Mandatory.”

(b) Steps for Online Bidding

1. The link provided on the solicitation’s Cover Page will take you to our web based online 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 “Doing Business with Us” and then “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 online 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 online at http://www.sceis.sc.gov/vendorrequests/. Do not contact the Procurement Officer with problems entering an offer into the system.

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