Solicitation.docx

SAP

State of South Carolina

Request for Proposal

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400022244 10/25/2022

NAKENDRA PERRY

(803) 896-0022 nperry@mmo.sc.gov SFAA, Div. of Procurement Services, MMO PO Box 101103 Columbia SC 29211

DESCRIPTION: Enterprise Resource Planning System and all services that are necessary to implement, integrate, support, and make the System available via a Software as a Service deployment model

USING GOVERNMENTAL UNIT: Trident Technical College

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

SUBMIT OFFER BY (Opening Date/Time): 01/23/2023 11:00 AM, EST (See "Deadline for Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 11/17/2022 11:00 AM, EST (See "Questions from Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: Submit online only. One (1) Electronic Technical marked "Original", One (1) Redacted Electronic Technical Copy marked "Redacted”, One (1) Electronic Price marked “Original”, and One (1) Electronic Price Copy marked “Copy” See Section II. A “DISCLOSURE OF YOUR / PROPOSAL and SUBMITTING CONFIDENTIAL DATA, Section II. B “Electronic Copies- Required Media and Format” Initial here_____ if a redacted copy is NOT necessary

CONFERENCE TYPE: Pre-Proposal

DATE & TIME: 11/16/2022 10:00 AM, EST

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions) LOCATION: Via Microsoft Teams Contact the Procurement Manager, by 11/15/2022 at 10:00 AM, EST for conference call phone number and access code, via email: nperry@mmo.sc.gov.

Procurement Manager will not provide conference call information to vendor e-mails received after 11/15/2022 at 10:00 AM, EST.

S

PAGE TWO

(RETURN PAGE TWO WITH YOUR OFFER)

Offeror must submit a signed copy of this page 2 with its Offer. By signing, Offeror agrees to be bound by the terms of the Solicitation. Offeror agrees to hold its Offer open for a minimum of two hundred seventy (270) calendar days after the Opening Date. (See “Signing each Offer” provision.) If submitting a Dual Prime Offer pursuant to the Dual Prime Operating Model as defined and permitted in this Solicitation, then the System Provider shall complete and sign this page 2 and the second prime Offeror, which is the Systems Integrator, must complete and sign page three, and submit them with the Dual Prime Offer.

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 or entities identified as the Offeror(s). The entities named as the Offeror must be single and distinct legal entity(ies). 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)

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)

PREFERENCES -DO NOT APPLY PER SC CONSOLIDATED PROCUREMENT CODE [11-35-1524(E)(5)]

PAGE TWO (SEP 2009)

End of PAGE TWO

PAGE THREE (ONLY TO BE USED WITH DUAL PRIME OPERATING MODELS

(RETURN PAGE THREE WITH THE OFFER ONLY IF YOU ARE SUBMITTING A DUAL PRIME OFFER)

If two Dual Prime Offerors are submitting a Dual Prime Offer pursuant to the Dual Prime Operating Model as defined and permitted in this solicitation, then the Systems Integrator Offeror must submit a completed and signed copy of this form with the Dual Prime Offer. By signing, Offeror agrees to be bound by the terms of the Solicitation and agrees to hold its Offer open for a minimum of two hundred (270) calendar days after the Opening Date. (See "Signing each 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 or entities identified as the Offeror(s). The entity(ies) named as the offeror must be a single and distinct legal entity(ies). 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 OR ORGANIZATION

(If Offeror is a corporation, or LLC identify the state of formation)

OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing each Offer" provision.)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

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

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)

Table of Contents

IMPORTANT INFORMATION FOR ALL OFFERORS**(REVIEW THIS PAGE)

SECTION IV. SCOPE OF WORK/SPECIFICATIONS

SUBCONTRACTOR -- IDENTIFICATION (FEB 2015)

SAP

**IMPORTANT INFORMATION FOR ALL OFFERORS** (REVIEW THIS PAGE)

Trident Technical College seeks to permit maximum practicable competition.

SOLICIATION FOR ENTERPRISE RESOURCE PLANNING SYSTEM VIA SOLE PRIME OR DUAL PRIME OPERATING MODELS

This Solicitation is a request for vendors to submit a proposal to provide Trident Technical College with an Enterprise Resource Planning (“ERP”) System to include a Student Information System (which encompasses Financial Aid), Finance, Procurement, Human Resources and Fixed Asset Inventory, and all services that are necessary to implement, integrate, support, and make the proposed ERP System available to Trident Technical College, via a Software as a Service deployment model, as well as the transition and disengagement services, all in accordance with all requirements herein (including all exhibits and attachments), all Applicable Laws and regulations, and the Offeror(s)’s responses thereto (collectively, the “Services”).

Historically, the State has awarded a single contract to one Offeror (a “Sole Prime Offeror”) to provide requested solutions and any related services (“Sole Prime Operating Model”). However, to maximize Trident Technical College’s goal of securing optimal technological solutions while recognizing evolving market approaches combined with Trident Technical College’s desire for robust competition and contracting flexibility, SFAA will accept either: (i) an Offer from a Sole Prime Offerors under the Sole Prime Operating Model; or (ii) two combined proposals (a “Dual Prime Offer”) from two (2) Offerors (“Dual prime Offerors”) that when taken together meet all requirements of this Solicitation and are structured as follows (the “Dual Prime Operating Model”):

1. One “System Provider” will be responsible for providing an ERP System via a Software as a Service deployment model that satisfies Trident Technical College’s business and data processing objectives delineated in this Solicitation including all development and production equipment and associate System configuration, maintenance, support, help desk, transition, and disengagement services: and

2. One “Systems Integrator” who will be responsible for providing all of the Services related to customizing, configuring, integrating, implementing, delivering, and testing the ERP System offered by the System Provider via a Software as a Service deployment model and any other required Third-Party Software as provided in this Solicitation.

If a Dual Prime Offer is submitted under the Dual Prime Operating Model, the System Provider and the Systems Integrator shall each sign a separate Signature Page pursuant to the instructions on the Dual Prime Operating Model Signature Pages. The Dual Prime Offerors shall have a written memorandum of understanding between the parties which should be submitted with the Dual Prime Offerors’ combined proposals setting forth the business and service delivery agreements between the Dual prime Offerors and clearly delineating which Offeror will be the System Provider and which Offeror will be the Systems Integrator.

An award to a Sole Prime Offeror will result in one (1) contract between Trident Technical College and the sole Offeror for all requirements under this Solicitation. An award to Dual Prime Offerors will result in two (2) contracts, one between Trident Technical College and the System Provider and another between Trident Technical College and the Systems Integrator.

Offerors are urged to advise the Procurement Officer as soon as possible (and prior to the pre-proposal conference, if possible), regarding any aspect of the solicitation that unnecessarily or inappropriately limits full and open competition. Offerors should immediately advise the Procurement Officer of any inconsistencies identified in this solicitation document which may ultimately bear upon SFAA’s ability to award a contract with the selected vendor(s).

I. SCOPE OF SOLICITATION

ACQUIRE SERVICES and SUPPLIES / EQUIPMENT (MODIFIED)

It is the intent of the State Fiscal Accountability Authority (SFAA), Division of Procurement Services (DPS), to solicit proposals on behalf of Trident Technical College for the implementation, training, and ongoing support of an integrated Software as a Service, Enterprise Resource Planning solution to include Student Information System (which encompasses Financial Aid), Finance, Procurement, Human Resources and Fixed Asset Inventory, in accordance with all requirements and obligations stated herein.

MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)

The effective date of the contract(s) is the first day of the Maximum Contract Period as specified on the final statement of award.

In the event of a single contract award, the State anticipates the initial term of the contract will continue from the effective date until five (5), years after the State’s acceptance of all implementation and integration services. After the end of the initial term, Trident Technical College will have the option to renew the Contract for up to two (2) additional three-year periods, unless the Contractor receives notice that Trident Technical College, elects not to renew the contract at least one hundred twenty (120) days prior to the end of the initial term. Notwithstanding the above or anything else to the contrary herein, the Contract expires no later than fifteen years from the first day of the as specified date on the final statement of award. The Contractor and Trident Technical College shall provide the Procurement Officer with prompt written notification of the day the implementation and integration services have been completed and accepted by Trident Technical College.

In the event of a Dual Prime Operating Model the State will award two separate contracts as follows: (a) One contract with the System Provider who will be responsible for providing an ERP System via a Software as a Service deployment model commencing on the effective date and continuing for an initial term of five (5) years after the State’s acceptance of all implementation and integration services. After the end of the initial term, Trident Technical College will have the option to renew the Contract for up to two (2) additional three-year periods unless the Contractor receives notice that Trident Technical College elects not to renew the contract at least one hundred twenty (120) days prior to the end of the initial term. Notwithstanding the above or anything else to the contrary herein, the Contract expires no later than fifteen years from the first day of the as specified date on the final statement of award, (b) A second contract with the System Integrator who will be responsible for providing all of the services related to customizing, configuring, integrating, implementing, delivering and testing the ERP System offered by the System Provider via a Software as a Service deployment model and any other required Third Party Software as provided in this Solicitation with a shorter term as mutually agreed by the parties.

SAP

II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015)

CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE ONLY AND SHALL NOT BE USED TO CONSTRUE MEANING OR INTENT. EVEN IF NOT CAPITALIZED, THE FOLLOWING DEFINITIONS ARE APPLICABLE 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(4)] 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.

DATA means a subset of information in an electronic format that allows it to be processed by computers and retrieved or transmitted.

DUAL PRIME CONTRACTORS means the Dual Prime Offerors receiving an award as a result of this solicitation.

EQUIPMENT means all networks, communications and related computing machines and hardware and upgrades procured, provided, operated, supported, or used by Contractor(s) in connection with Contractor(s) providing Trident Technical College, with the ERP System via a SaaS deployment model. Unless otherwise agreed, financial responsibility for the costs, fees and expenses associated with the Equipment, Systems Software and related upgrades shall be Contractor(s)’s responsibility.

FAULT TOLERANT means the Service will consist of sufficient hardware, software, infrastructure, and support in place in order to prevents downtimes or interruptions which would result in the service falling below 99.00% availability. Degradation of services during a fault will not be acceptable if it negatively impacts the college’s ability to process Financial Aid, Payroll, or student registration activity.

OFFER means the proposal submitted in response to this solicitation. The term Proposal is used interchangeably with the term Offer.

OFFEROR(s) means (i) a single legal entity submitting an Offer; or (ii) two legal entities severally submitting a Dual Prime Offer. (See the clause above entitled “Solicitation for Enterprise Resource Planning System Via Sole Prime or Dual Prime Operating Models”.)

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

SIGNATURE PAGE(S) means the second page (and third page if a Dual Prime Offer is submitted) of the original solicitation, which are labeled Page Two and Page Three.

Software as a Service (“SaaS”) means Contractor(s)’s making the ERP System available to customers via the internet to remotely and securely process data that includes providing: (i) data center facilities to house all Equipment, (ii) all virtualized infrastructure, platform architecture, Systems Software, Applications Software and (iii) all physical and logical security and disaster recovery support, Collectively, (i), (ii), and (iii) comprise major components of the System.

SOFTWARE means all computer data processing programs and programming (and all modifications, replacements, Updates, enhancements, Documentation, materials and media related thereto), including Applications, development tools, and Systems Software.

SOFTWARE AS A SERVICE (“SaaS”) means Contractor(s)’s making the ERP System available to customers via the internet to remotely and securely process data that includes providing: (i) data center facilities to house all Equipment, (ii) all virtualized infrastructure, platform architecture, Systems Software, Applications Software and (iii) all physical and logical security and disaster recovery support, Collectively, (i), (ii), and (iii) comprise major components of the System.

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

STATE means the State of South Carolina.

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

SYSTEM means all Equipment, virtualized infrastructure, platform architecture, Systems Software, Applications Software and all physical and logical security and disaster recovery support required to perform secure ERP data processing meeting the functional requirements delineated in this Solicitation.

SYSTEMS INTEGRATOR means the Contractor providing of the services related to the implementation and Software integration and any identified ongoing support of the System.

SYSTEM PROVIDER means the Contractor that owns the Software and is providing the System via the SaaS deployment model.

SYSTEMS SOFTWARE means all Software that perform tasks basic to the functioning of the Equipment and are required to operate the ERP System or otherwise supports the provision of the SaaS by Contractor(s), including virtualized infrastructure, platform architecture, operating systems, systems utilities, database software, data security network protocols and supporting software, compilers, performance monitoring and testing tools, database managers and any other components of the SaaS as well as Updates and upgrades to the same. Unless otherwise agreed, financial responsibility for the costs, fees and expenses associated with Systems Software and related Updates and upgrades shall be Contractor(s) responsibility.

THIRD PARTY means any person or entity other than Trident Technical College, the Contractor(s), or any subcontractors at any tier.

THIRD PARTY SOFTWARE means Software, licensed directly by the third-party vendor to Trident Technical College solely for use with the System as required and identified by Contractor(s) in this Solicitation and license, maintenance and support fees included in Contractor(s)’ Fees.

US or WE mean the using governmental unit.

USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page.

WORK means all labor, services or materials and deliverables, of any type, provided or to be provided by the Contractor to fulfill the Contractor's obligations under the Contract.

[02-2A003-3]

AMENDMENTS TO SOLICITATION (MODIFIED)

(a) The Solicitation may be amended at any time prior to opening. All amendments to this solicitation shall be in writing from SFAA. Trident Technical College shall not be legally bound by any amendment which is not in writing. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov (b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the Signature Page(s), (3) by acknowledging receipt in the Offeror’s Executive Summary, (4) by letter, or (5) 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.

AUTHORIZED AGENT (FEB 2015)

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

AWARD NOTIFICATION (MODIFIED)

Notice regarding any award, cancellation of award, or extension of award will be posted at the location and on the date specified on the Cover Page or, if applicable, any notice of extension of award. Notice will be sent electronically to all Offerors responding to the Solicitation and any award will not be effective until the calendar day (including weekends and holidays) immediately following the seventh business day after such notice is given.

PROPOSAL AS OFFER TO CONTRACT (MODIFIED)

By submitting a Proposal, an Offeror is offering to enter into a binding contract with Trident Technical College. Any award issued will be issued to, and the contract(s) will be formed with, the entity (or entities if Dual Prime Offerors submit a Dual Prime Offer) identified as the Offeror(s) on the Signature Page(s).

PROPOSAL ACCEPTANCE PERIOD (MODIFIED)

In order to withdraw an Offer after the minimum period specified on the Cover Page, you must notify the Procurement Officer in writing. Otherwise, each Offer remains valid until final award including through any periods consumed by protests. In the event Dual Prime Offerors submit a Dual Prime Offer and one of the Offerors withdraws its offer as provided above, then the entire Dual Prime Offer will be deemed to have been withdrawn.

BID IN ENGLISH and DOLLARS (MODIFIED)

Offers submitted in response to this solicitation shall be in the English language and in US dollars.

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]

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MODIFIED)

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.

(4) With respect to the paragraphs (a)(1) through (a)(3) above, the phrases “any other Offeror” and “any other competitor” shall not be deemed to include the other Offeror in a Dual Prime Operating Model.

(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.

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)

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

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

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

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

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

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

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

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

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

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

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in addition to other remedies available to Trident Technical College, 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 (FEB 2015)

You warrant and represent 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. The two underlying principles are (a) preventing the existence of conflicting roles that might bias a contractor's judgment, and (b) preventing an unfair competitive advantage. If you have an unfair competitive advantage or a conflict of interest, the state may withhold award. Before withholding award on these grounds, an offeror will be notified of the concerns and provided a reasonable opportunity to respond. Efforts to avoid or mitigate such concerns, including restrictions on future activities, may be considered. Without limiting the foregoing, you represent that your offer identifies any services that relate to either this solicitation or the work and that has already been performed by you, a proposed subcontractor, or an affiliated business of either. [02-2A047-2]

DEADLINE FOR SUBMISSION OF OFFER (MODIFIED)

Any offer received after the Procurement Officer 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)]

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 (MODIFIED)

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 and will be implemented on time and performed satisfactorily over the entire term of the contract. 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." By submission of a proposal, Offeror also certifies that its Offer has been reviewed by the appropriate individuals within the Offeror’s organization and that the goods and services herein, if an award is made to that Offeror, can and will be provided on time and for the compensation proposed, subject to any negotiations that may affect the amount of compensation.

ETHICS CERTIFICATE (MODIFIED)

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 (or both contracts awarded under a Dual Prime Operating Model) 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.

OMIT TAXES FROM PRICE (MODIFIED)

Do not include any sales or use taxes in the price that Trident Technical College may be required to pay.

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 (MODIFIED)

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, you must submit a protest (and it must be actually received) within fifteen days of the date the applicable solicitation document is issued. To protest an award, you must (i) submit notice of your intent to protest within seven business days of the date the award notice is posted, and (ii) submit your actual protest within fifteen days of the date the award notice is posted. Days are calculated as provided in Section 11-35-310(13). Both protests and notices of intent to protest must be in writing and must be received by the appropriate Chief Procurement Officer within the time provided. See clause entitled "Protest-CPO". The grounds of the protest and the relief requested must be set forth with enough particularity to give notice of the issues to be decided.

PROHIBITED COMMUNICATIONS AND DONATIONS (MODIFIED)

Violation of these restrictions may result in disqualification of your Offer, (or both offers in a Dual Prime Operating Model, even if the violation was committed by only one Offeror), 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 Trident Technical College 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 Trident Technical College during the period beginning eighteen months prior to the Opening Date. [R. 19-445.2165]

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 (MODIFIED)

(a) Any questions, comments, requests for information or clarifications regarding the solicitation must be submitted in writing, considered and determined by SFAA before the submission date for all proposals, so that all prospective Offerors will have a common and uniform basis upon which to submit its proposals. Label any communication regarding your questions with the name of the procurement officer, and the solicitation's title and number. Oral explanations or instructions will not be binding. [See R. 19-445.2042(B)] Any information given a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an Amendment to the solicitation, if that information is necessary for submitting offers or if the lack of it would be prejudicial to other prospective offerors. See clause entitled "Duty to Inquire." We will not identify you in our answer to your question. (b) The State seeks to permit maximum practicable competition. Offerors are urged to advise the Procurement Officer -- as soon as possible -- regarding any aspect of this procurement, including any aspect of the Solicitation that unnecessarily or inappropriately limits full and open competition.

Submit all questions directly to:

Procurement Manager: Nakendra Perry, E-mail: nperry@mmo.sc.gov, received no later than, November 17, 2022, at 11:00 AM, EST.

Subject line: Solicitation number: 5400022244 and Description: Enterprise Resource Planning System and all services that are necessary to implement, integrate, support, and make the System available via a Software as a Service deployment model

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/IMPROPER OFFERS (MODIFIED)

(a) Bid as Specified. Offers for supplies or services other than those specified will not be considered unless authorized by the Solicitation.

(b) Multiple Offers. Offerors may submit more than one Offer, provided that each Offer has significant differences other than price. For example, under the Dual Prime Operating Model, System Provider “A” may submit an offer with Systems Integrator “X” and System Provider “A” may also submit another offer with Systems Integrator “Z”. Each separate Offer (or Dual Prime Offer) must satisfy all Solicitation requirements. Multiple offers may be submitted, provided that Offeror clearly differentiate between each offer and separates the individual fees within the business proposal.

(c) Responsiveness. Any proposal, whether from a Sole Prime Offeror or a combined proposal from Dual Prime Offerors, deemed unacceptable pursuant to S.C. Regulation 19-445.2095 (I)(1)(c) and (J) will be rejected, such determinations to be discretionary and not disturbed unless arbitrary and capricious. SFAA may elect to conduct discussions, including the possibility of proposal revisions, but only for those proposals determined to be either acceptable or potentially acceptable pursuant to S.C. Regulation 19-445.2095 (I)(1)(a) and (b). Any such discussions shall be conducted in accordance with S.C. Regulation 19-445.2095 (I)(2), (3), and (4).

(d) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price. [R. 19-445.2070].

(e) Unbalanced Bidding. The State may reject an Offer as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to Trident Technical College even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

[02-2A105-2]

SIGNING EACH OFFER (MODIFIED)

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. (f) if Dual Prime Offerors are submitting a Dual Prime Offer pursuant to the Dual Prime Operating Model, then one Offeror must sign one of the Signature(s) Pages and the other Offer must sign the other Signature Page(s) both in accordance with the provisions set forth above.

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 workday 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.