Solicitation.docx

Medical University of South Carolina

Request for Quote

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400026687 03/07/2024 Ray Brindle 843-985-2964 brindlra@musc.edu 1 S. Park Circle Suite 402 Charleston, SC 29407

DESCRIPTION: Chiller Repair

USING GOVERNMENTAL UNIT: MEDICAL UNIVIVERSITY OF SOUTH CAROLINA (MUSC)

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING EMAIL: brindlra@musc.edu

SUBMIT OFFER BY (Opening Date/Time): 03/18/2024 at 10:00 AM to brindlra@musc.edu

QUESTIONS MUST BE RECEIVED BY: 03/12/2024 at 5:00 PM

NUMBER OF COPIES TO BE SUBMITTED: One

CONFERENCE TYPE: Non-Mandatory

DATE & TIME: 3/12/2024 9:00 AM (EST).

Email brindlra@musc.edu by 5 pm on 3/11/2024 if you plan to attend.

LOCATION: 96 Jonathan Lucas St.

Street Charleston, SC 29425

You must submit a signed copy of this form with Your Offer. By signing, You agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of thirty (60) calendar days after the Opening Date.

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.

Not Necessary (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

SAP

PAGE TWO

(Return Page Two with Your Offer) HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

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

_________________________________________________ Area Code - Number - Extension Facsimile

_________________________________________________ E-mail Address

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

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

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

ACKNOWLEDGMENT OF AMENDMENTS

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

DISCOUNT FOR PROMPT PAYMENT

(See "Discount for Prompt Payment" clause)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors selling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A summary of the new preferences is available at www.procurement.sc.gov/preferences . ALL THE PREFERENCES MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE SERIOUS CONSEQUENCES. [11-35-1524(E)(4)&(6)]

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor Preference (11-35-1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you are claiming the Resident Subcontractor Preference (11-35-1524(D))

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

PAGE TWO (SEP 2009)

End of PAGE TWO

Scope of Work/Specifications:

Summary Provide Labor and materials to repair Chiller #2 Collage of Dental Medicine:

Contractor shall provide all necessary labor, equipment, and materials to remove and replace O-rings on the discharge transducer assembly and replace the seal and O -ring on main shaft 600 ton York Chiller All work shall be performed during normal work hours. Work shall include as follows:

· Turnkey Installation

· Provide and install necessary seal on Transducer assembly.

· Provide any compressor Oil per manufacturer requirement.

· Provide any refrigerant necessary per manufacturer requirement.

· Replace oil filter and O- ring.

· Provide owner pressure test results.

· All necessary O -rings per manufacturer requirement

· Provide factory star-up and test results to owner include adjustment and balancing data.

Project: Collage of Dental Medicine Chiller #2

Point of Contact: Daniel White, 843-792-3879, whitda@musc.edu

Safety Contractor shall comply with all OSHA and MUSC safety requirements.

All electrical work shall be in accordance with applicable OSHA safety regulations.

Workmanship and Quality Control It is the contractor’s responsibility to ensure all work done under its authority complies with applicable State and local building codes.

All insulation materials or coatings damaged during installation shall be replaced / repaired by the contractor.

All materials shall be from new and unopened containers.

Hours for Utility Shutdowns: Coordinate with Owner.

Existing Utility Interruptions: Do not interrupt any utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated Hours for Utility Shutdowns: Coordinate with Owner. Obtain Owner's written permission before proceeding with utility interruptions.

Noise, Vibration, and Odors: Coordinate operations that may result in elevated levels of noise and vibration, odors, or other disruption to Owner occupancy with Owner.

Change Requests All Change must be submitted to MUSC for approval:

Daniel White 843-792-3879.

Only changes with approval in writing and approve change order shall be executed.

Existing Equipment Unit : YORK model: YKEMEKP8-CTF Serial : SBTM-834250 Substitutions Changes in products, materials, equipment, and methods from those required by the equipment manufacture and proposed by contractor shall notify MUSC immediately on discovery of need for change.

Access to Site During the bid period, the Contractor shall have opportunities to visit the site by appointment only. Contractor must provide 48-hour notice to the Owner for any site visit.

Limit use of Work in areas indicated. Do not disturb portions of building site beyond areas in which the Work is indicated.

On-Site Work Hours: Limit work in the existing building as follows: working hours as needed to meet schedule Monday through Sundays, unless otherwise indicated. all other times not listed space is available.

Site Cleaning The Contractor shall clean the work areas daily and dispose of materials lawfully.

Comply with requirements in EPA for removal and installing refrigerants.

Manage hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. Use containers intended for holding waste materials of type to be stored.

Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work.

1. Remove liquid spills promptly.

2. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate.

Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces.

Closeout Walk thru shall be scheduled by vendor when it felt it is needed or prior to completion of final stages of work.

YOU MUST SIGN, DATE, AND RETURN THE TERMS AND CONDITIONS LOCATED AT THE BOTTOM OF THIS DOCUMENT

Product Catg: 03100

Item Description: Total Cost of Cooling Tower and Delivery

Tendering Text: Please see Scope of Work for more detail. This is your all-inclusive price including delivery. Please do not include sales tax.

Internal Item Number: 1

______Yes

______No

Exhibit A

The Medical University of South Carolina (University) is a state created agency by the State of South Carolina.

Accordingly, it is limited in scope of authority and subject to procurement laws. The University is exempt from federal income tax under Section 115 of the Internal Revenue Code. Purchases by the University are exempt from excise taxes imposed under chapters 31 and 32 of subchapter B chapter 33 of the Internal Revenue Code.

UNIVERSITY TERMS AND CONDITIONS

BY ACCEPTANCE OF THIS ORDER, SELLER AGREES WITH BUYER AS FOLLOWS:

Purchase Orders

a. Contractor shall not perform any work prior to the receipt of a purchase order from MUSC. MUSC shall order any supplies or services to be furnished under the contract following the issuance of a purchase order. Purchase orders may be used to elect any options available under the contract, e.g., quantity, item, delivery date, payment method, but are subject to all terms and conditions of the contract.

b. The purchase order may be accepted only upon the terms and conditions set forth herein which have been incorporated into the contract unless otherwise agreed to by the parties. If this purchase order is based upon a written Invitation for Bid or Request for Proposal, terms contained in those documents shall, if in conflict, supersede those contained herein. When so accepted, the purchase order contains the complete and final agreement between the buyer and seller respective to the goods and services specified. Any additional or different terms proposed by the seller are hereby rejected unless accepted in writing by the MUSC Procurement Office. The purchase order constitutes a contract on the part of MUSC to pay the seller for the goods or services described.

c. Purchase orders may be electronic. No particular form is required. Purchase order requirement may be waived if approved in writing by the MUSC Procurement Office.

d. An order placed pursuant to the purchasing card provision qualifies as a purchase order.

e. The seller, by acceptance of the order will be deemed to represent that seller has complied, or will comply, with all applicable federal, state and local laws and ordinances and all lawful orders, rules and regulations there under.

f. Seller warrants that the prices stated in the contract and/or invoice are as low as any net prices now given by seller to any other customer for like goods or services and seller agrees that if at any time during the life of the contract, seller quotes or sells the product/goods or service at lower net prices, under similar conditions, such lower net prices shall, from that time, be substituted for the prices provided in the contract.

g. The purchase order is not assignable by the seller without the prior consent of the MUSC Procurement Office.

h. The failure of the MUSC to enforce at any time any of the provisions stated herein or in the contract itself shall in no way be construed as a waiver of such provision, nor in any way affect the right of the buyer thereafter to enforce each and every provision of the contract or order.

i. Seller shall submit invoice to: Acctspayable@musc.edu. All invoicing concerns should be addressed to: MUSC, Accounts Payable 1 South Park Circle, Building 1, JB402, Charleston SC 29407, (843)792-4343.

j. All other concerns or questions can be addressed to the MUSC Procurement Officer noted at the bottom of the General section on the front of this form.

Performance/Delivery/Completion

a. All shipments are to be made FOB destination, freight prepaid, to receiving point at the University unless otherwise indicated on the purchase order. If other than FOB destination, all transportation, insurance, crating and/or packing charges are to be entered as separate items on seller's invoice.

b. Any materials shipped in excess of the quantity specified in the order may, at the University Procurement Officer's option, be returned to the seller at seller's expense. The University will not be obligated to pay for services or labor provided in excess of that specified in this order.

c. Complete shipments are preferred; however, partial shipments may be acceptable and payable. Final payment will not be made until the purchase order is filled in its entirety or until unfilled items are canceled.

d. Subject to conditions beyond the control of the seller, delivery or completion must actually be effected within the time stated on the purchase order. When completion is not timely, the University Procurement Officer, may, if stipulated, obtain the goods or services elsewhere and charge the Seller with any loss incurred as a result thereof or, at his option, to cancel the order. It is understood that time is of the essence under this agreement. Whenever the Seller has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this order, seller shall so inform the University Procurement Office.

Inspection/Warranties

a. All goods purchased hereunder shall be subject to inspection by the buyer to the extent practicable at all times and places including the period of manufacture. Notwithstanding any prior inspection or payments hereunder, items shall also be subject to final inspection prior to acceptance within a reasonable time after delivery. No inspection or test made prior to the final inspection shall relieve the seller from responsibility for defects or other failure to meet the requirements of this order.

b. Seller warrants that all items delivered hereunder shall be free from defects in workmanship, material and manufacture; shall comply with the requirements of this agreement, including any drawings or specifications incorporated in design. Seller further warrants that all items purchased hereunder shall be merchantable quality and shall be fit and suitable for the purposes intended. The foregoing warrants are conditions to this agreement and are in addition to all other warranties, expressed or implied and shall survive any delivery, inspection, acceptance or payment by the buyer. If any warranties specified herein or otherwise applicable are breached by the seller, the University Procurement Office, may at its election, (1) require the seller to correct at seller's sole expense any defect or non-conformance by repair or replacement, or (2) return any defective or nonconforming goods to seller at the Seller's expense and recover from the seller the price thereof. The foregoing remedies are in addition to all other remedies of law or as contained in this agreement and shall not be deemed to be exclusive. The foregoing representation and warranties shall survive acceptance of the goods or services.

c. The manufacturer guarantees that the design of the equipment being purchased conforms to National Fire Protection Association (NFPA), Underwriters Laboratories (UL), American National Standards Institute (ANSI), Occupational Safety and Health Administration (OSHA) and any other existing safety standards in effect at time of shipment.

Background Check

a. MUSC is subject to the Drug Free Work Act and as a University is charged with maintaining a safe patient and learning community. If Vendor's employee enters onto University, Hospital or University Medical Associates property in order to fulfill the terms of the contract, Vendor acknowledges that it will conduct a criminal background check and drug screen on said employee(s) prior to the employee(s) arriving on said property. Vendor agrees that any it will not assign nor send an employee that vendor has reason to believe poses a threat of risk to either property or persons to perform work under the contract. Vendor agrees to impose this same criminal background check and drug screen requirements on any subcontractors used by Vendor to fulfill its responsibilities under this agreement. The University reserves the right to verify compliance by Vendor upon request.

b. Vendor agrees that the drug screen utilized will consist of a ten panel drug test screening from an independent accredited laboratory which includes THC (marijuana), Cocaine, Phencyclidine (PCP), Synthetic Opiates with extended opiates, Amphetamines, Barbiturates, Benzodiazepines, Methadone, Propoxyphene and Methamphetamines. The results must be within a 30 day period.

Bankruptcy

a. Notice. In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy to the University. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to the bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of all University contracts against which final payment has not been made. This obligation remains in effect until final payment.

b. Termination. This contract is voidable and subject to immediate termination by the University upon the contractor's insolvency, including the filing of proceedings in bankruptcy or may be cancelled due to the University's unavailability of funds in succeeding fiscal periods pursuant to SC Code Ann. §11-35-2030.

Discount for Prompt Payment

a. Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror.

b. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

False Claims According to the SC Code Ann. §16-13-240, "a person who by false pretense or representation obtains the signature of a person to a written Instrument or obtains from another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud a person of that property is guilty" of a crime.

Certificate of Insurance

a. A Certificate of Insurance MUST be on file in University Procurement for vendors visiting on-site at MUSC and those that are so located, and those providing on-site equipment maintenance, evaluation, or other for the protection of MUSC.

b. A Contractor shall maintain throughout the performance of its obligations under an Agreement a policy or policies of Workers' Compensation Insurance with such limits as may be required by law, and a policy or policies of general liability insurance with limits sufficient to cover any loss or potential Joss resulting from this contract insuring against liability for injury to and death of persons and damage to and destruction of property arising out of or based upon any act or omission of the Contractor or any of its subcontractors or their respective officers, directors, employees or agents and a policy or policies of Automobile Liability Insurance with such limits as may be required by law insuring against liability for injury to and death of persons and damage to and destruction of property arising out of or based upon any act or omission of the Contractor or any of its subcontractors or their respective officers, directors, employees or agents while operating their vehicle(s) on MUSC property.

Drug Free Workplace Certification

a. Contractor will comply with all applicable provisions of The Drug-free Workplace Act, SC Code Ann. §44-107-30, *This clause applies to any resultant contract for a stated or estimated value of $50,000.00 or more.

State Ethics

a. By accepting this Purchase Order, Contractor has not, and will not, induce a person to violate the SC Ethics Act, more specifically, SC Code Ann. § 8-13-700, use of official position for financial gain; Section 8-13-705, gifts to influence action of public employee, member or official; Section §8-13-720, offering money for advice or assistance of public employee, member, or official; Sections §8-13-755 and §8-13-760, restrictions on employment by former public employee, member or official; Section §8-13- 775, prohibiting public employee, member or official with economic interests from acting on contracts; Section §8-13-7901 recovery of kickbacks; Section §8-13-1150, statements to be filed by consultants; and Section §8-13-1342, restrictions on contributions by contractor to candidate who participated in awarding of contract.

b. The state may rescind any contract and recover all amounts expended as a result of any action taken in violation of the State Ethics Act. 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 Code Ann. §8-13- 1150 to the Procurement Officer at the same time the law requires the statement to be filed. (02-2A075-2)

Open Trade Representation By accepting this purchase order, 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 Ann . §11-35 -5300. (02·2A083-1] *This clause applies to any resultant contract for a stated or estimated value of $10,000.00 or more.

Smoking Policy As South Carolina's academic health center and home to the only National Cancer Institute-designated cancer institute in the state, it is a part of our mission to prevent cancer and to lead by example in providing the healthiest environment possible for everyone on our campus. MUSC is a totally tobacco-free campus. Smoking is not permitted in any areas on campus. This includes the use of chewing tobacco and e-cigarettes.

Indemnification-Third Party Claims a, Notwithstanding any limitation in this agreement. and to the fullest extent permitted by law, Contractor shall defend and hold harmless the University for and against any and all suits or claims of any character (and all related damages, settlement payments, attorneys' fees, costs, expenses, losses or liabilities) by a third party which are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property arising out of or in connection with the goods or services acquired hereunder or caused in whole or in part by any act or omission of contractor, its subcontractors, their employees, workmen, servants, agents, or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by the University, and whether or not such claims are made by a third party or the University; however, if the University negligent act or omission is subsequently determined to be the sole proximate cause of a suit or claim, the University shall not be entitled to indemnification hereunder.

b. Contractor shall be given timely written notice of any suit or claim. Contractors' obligations hereunder are in no way limited by any protection afforded under workers compensation acts, disability benefits acts, or other employee benefit acts. This clause shall not negate, abridge, or reduce any other rights or obligations of indemnity which would otherwise exist. The obligations of this paragraph shall survive termination, cancelation, or expiration of the parties' agreement. This provision shall be construed fairly and reasonably, neither strongly for nor against either party, and without regard to any clause regarding insurance. As used in this clause, the University means the State of South Carolina, its instrumentalities, agencies, departments, boards, political subdivisions and all their respective officers, agents and employees.

Choice of Law Any dispute, claim or controversy relating to the agreement, and all the rights and obligations of the parties, in all respects shall be interpreted, construed, enforced and governed by and under the laws of the State of South Carolina, except it choice of law rules. The seller agrees to submit to the jurisdiction of the State of South Carolina and agrees that the laws of South Carolina will control this agreement (Please note that as a state entity, the University is prohibited from submitting to the laws of another jurisdiction).

No Indemnity or Defense Any term or condition is void to the extent it requires the University to indemnify, defend or pay attorney's fees to anyone for any reason. The University as is prohibited by the Attorney General from agreeing to indemnification and/or the payment of attorney's fees.

Equal Opportunity Employer The University is an equal opportunity/affirmative action employer and does not knowingly conduct business with suppliers who practice discrimination. Performance under this contract certifies that seller is an Equal Opportunity Employer, and as applicable, in compliance with Title 41, Part 60 of the Code of Federal Regulations, including but not limited to Sections 60-1.4, 60-4.2, 60-4.3, 60-250.S(a), and 60-741.S(a), which are hereby incorporated by reference.

Illegal Immigration Contractor certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agrees to provide the University upon request any documentation required to establish either: (a) the Title 8, Chapter 14 is inapplicable to you and your subcontractor(s); or (b) that you and your subcontractor(s) are in compliance with Title 8, Chapter 14. You agree to include in any contracts with subcontractor(s) language requiring your subcontractor(s) to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts their sub-contractors language requiring that the sib-contractors comply with the applicable requirements of Title 8, Chapter 14.

Material and Workmanship

Unless otherwise specifically provided in the purchase order, all equipment, material, and articles incorporated in the Work are to be new and of the most suitable grade for the purpose intended.

Publicity Contractor shall not publish any comments or quotes by state employees, or include the State wither in news releases or published list of customers, without the written approval of the Procurement Officer.

Contract Clauses and Administration Pursuant to the South Carolina Consolidated Procurement Code, unless otherwise specifically provided or authorized by law, if a contract contains any of the following terms, the term shall be void, and the contract is otherwise enforceable as if it did not contain such term or condition:

(1) Terms (a) subjecting the State of South Carolina or its agencies to the jurisdiction of the courts of other states; or (b) requiring the State of South Carolina or its agencies to bring or defend a legal claim in a venue outside this State. (Sections 11-35-2050 and -4230)

(2) Terms limiting the time in which the State of South Carolina or its agencies may bring a legal claim under the contract to a period shorter than that provided in South Carolina law. (Sections 11-35-4230(2) and 15-3-140)

(3) Terms imposing a payment obligation, including a rate of interest for late payments, inconsistent with the terms of Section 11-35-45.

(4) Terms that require the State to defend, indemnify, or hold harmless another person. (Section 11-35-2050)

(5) Terms requiring that the contract be governed or interpreted by other than South Carolina law. (Section 11-35-2050)

Provisions of the South Carolina Consolidated Procurement Code have been compiled herein. These terms and conditions and the ensuing purchase order shall not be modified except by written agreement of the University Procurement Office and Vendor/Contractor/Seller.

[Vendor] and its Affiliates

By: __________________________

Name: _______________________

Its: __________________________

Date: ________________________