SOLICITATION.pdf

SAP

State of South Carolina

Best Value Bid

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

5400024388 7-Nov-2022 REBECCA NICHOLS bjn 803-898-1262 NICHOLRJ@dhec.sc.gov

DESCRIPTION: DRINKING WATER ANALYSES - TTHMs & HAA5 USING GOVERNMENTAL UNIT: SC Dept of Health & Environmental Control

The Term "Offer" Means Your "Bid" or "Proposal". Your offer must be submitted in a sealed package. Solicitation

Number & Opening Date must appear on package exterior. See "Submitting Your Paper Offer or Modification" provision.

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

(See Pgs 3 & 4 for instructions)

SUBMIT OFFER BY (Opening Date/Time): 12 / 08 / 2022 2:30PM ET (See "Deadline For Submission Of Offer" provision) QUESTIONS MUST BE RECEIVED BY: 11 / 22 / 2022 5:00PM ET (See "Questions From Offerors" provision) NUMBER OF COPIES TO BE SUBMITTED: ONLINE Preferred - 1 Copy if PAPER Bid CONFERENCE TYPE: Not Applicable

DATE & TIME:

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

LOCATION: Not Applicable

AWARD &

AMENDMENTS

Award will be posted on 12 / 14 / 2022 . 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 sixty (60) 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)

http://www.procurement.sc.gov/ http://www.procurement.sc.gov/

PAGE TWO

(Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

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

Area Code - Number - Extension Facsimile

E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.)

(See "Payment" clause)

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

ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders and "Contract Documents" clauses)

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

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision) Amendment No. Amendment Issue

Date Amendment No. Amendment Issue

Date Amendment No. Amendment Issue

Date Amendment No. Amendment Issue

Date

DISCOUNT FOR

PROMPT PAYMENT

(See "Discount for Prompt

Payment" clause)

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

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)).

Preferences are not applicable -- Section 11-35-1524, Part (E)(2).

____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

INSTRUCTIONS FOR OFFERORS SUBMITTING BIDS ONLINE

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

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

1. The original solicitation response should be submitted online and it will be the official response.

2. All Offerors must attach all additional requested documents to their response in the online system. These documents can be attached under the “Notes and Attachments” tab of the online solicitation either on the main page or under the necessary line item.

OFFERORS ENCOUNTERING REGISTRATION OR BIDDING PROBLEMS SHOULD CONTACT:

DSIT Help Desk (803) 896-0001 Select Option 1 then Option 2 Monday – Friday 8:00 AM – 4:30 PM Offeror instructions can be found at:

https://www.procurement.sc.gov/doing-biz/submitting-offers

NOTICE

• To submit bids vendors must use Internet Explorer 8, 9 or 10, which is compatible with SAP. Other browsers such as Internet Explorer 11, Google Chrome, or Mozilla Firefox will not function properly and may prohibit bid submissions.

• It will be the responsibility of each bidder to ensure that their response was submitted properly. The Response Status must indicate 'Submitted'. If the response is in a 'HELD' or 'SAVED' status, you MUST go back in the system and submit the response before it can be 'ACCEPTED' by the State.

• Bidders are encouraged to review the 'Simulation for Bid Creation' before trying to submit their response.

• Electronic bid submission (SRM Login) – https://vendorportal.sc.gov/irj/portal

• Submitting Confidential Data - https://www.procurement.sc.gov/legal/general-info

NUMBER OF COPIES – HARD COPY SUBMISSION

If submitting a hard copy in lieu of an online bid, the Offeror must submit the following:

1. One (1) original (hard copy) marked “ORIGINAL”

2. Individual copy of your Offer on Four (4) USB drives, identical to the original (but NOT including the “Price

Proposal”)

3. One (1) copy of the Price Proposal (marked “Price Proposal”) in a separate sealed envelope.

4. One (1) copy of your Price Proposal on a USB drive identical to the paper copy, labeled “Price Proposal.”

5. One (1) redacted hard copy (marked “Redacted”), if applicable. (See Section IV – “Submitting Redacted Offers”.

All copies requested must be delivered no later than the date and time specified on the cover page of the solicitation to the following address:

South Carolina Department of Health and Environmental Control Division of Procurement Services – Rebecca Nichols Solicitation #: 5400024388 301 Gervais Street – Columbia Mills Building – 4th Floor Columbia, S. C. 29201 https://www.procurement.sc.gov/doing-biz/registration https://www.procurement.sc.gov/doing-biz/registration https://www.procurement.sc.gov/doing-biz/submitting-offers https://vendorportal.sc.gov/irj/portal https://www.procurement.sc.gov/legal/general-info

ADDRESSES FOR SUBMITTING HARD COPY BIDS

Mailing Address: Opening/Physical Address:

SC DHEC – Division of Procurement Services DHEC – Division of Procurement Services Bureau of Business Management Bureau of Business Management Columbia Mills Building Columbia Mills Building – 4th Floor 2600 Bull Street 301 Gervais Street Columbia, S.C. 29201 Columbia, S.C. 29201 See Section II.A. – Public Opening Information – DHEC Clause

PLEASE NOTE THAT IF TERMS AND CONDITIONS ARE OBJECTED OR QUALIFIED OR OFFEROR

INCLUDES ADDITIONAL TERMS AND CONDITIONS TO BE CONSIDERED, THE OFFER WILL BE

DEEMED NON-RESPONSIVE AND WILL BE ELIMINATED FROM FURTHER CONSIDERATION.

IF YOU QUALIFY YOUR OFFER WITH A STATEMENT SUCH AS, “THIS IS NOT AN OFFER”, THE OFFER

WILL BE DEEMED “NON-RESPONSIVE” AND REMOVED FROM FURTHER CONSIDERATION.

Table of Contents

SECTION_I __________________________________________________________________________________ 7 ACQUIRE SERVICES (JAN 2006) ________________________________________________________________ 7 MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006) ________________________________________ 7 SECTION_IIA _______________________________________________________________________________ 8 DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015) ____________________________________ 8 AMENDMENTS TO SOLICITATION (JAN 2004) ___________________________________________________ 8 AUTHORIZED AGENT (FEB 2015) ______________________________________________________________ 8 AWARD NOTIFICATION (FEB 2015) ____________________________________________________________ 9 BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004) ____________________________________________ 9 BID ACCEPTANCE PERIOD (JAN 2004) __________________________________________________________ 9 BID IN ENGLISH and DOLLARS (JAN 2004) ______________________________________________________ 9 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008) ____________________________ 9 CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004) ___ 10 CODE OF LAWS AVAILABLE (JAN 2006) _______________________________________________________ 10 DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (FEB 2015) ____ 11 DEADLINE FOR SUBMISSION OF OFFER (JAN 2004) _____________________________________________ 11 DRUG FREE WORK PLACE CERTIFICATION (JAN 2004) __________________________________________ 11 DUTY TO INQUIRE (FEB 2015) ________________________________________________________________ 11 ETHICS CERTIFICATE (MAY 2008) ____________________________________________________________ 11 OMIT TAXES FROM PRICE (JAN 2004) _________________________________________________________ 11 OPEN TRADE REPRESENTATION (JUN 2015) ___________________________________________________ 11 PROTESTS (MAY 2019) _______________________________________________________________________ 12 PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015) __________________________________ 12 PUBLIC OPENING (JAN 2004) _________________________________________________________________ 12 PUBLIC OPENING INFORMATION – DHEC (AUG 2014) ____________________________________________ 12 QUESTIONS FROM OFFERORS (FEB 2015) ______________________________________________________ 12 REJECTION/CANCELLATION (JAN 2004) _______________________________________________________ 13 RESPONSIVENESS/IMPROPER OFFERS (JUN 2015) ______________________________________________ 13 SIGNING YOUR OFFER (JAN 2004) ____________________________________________________________ 13 STATE OFFICE CLOSINGS (JAN 2004) __________________________________________________________ 13 DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA (FEB 2021) _______ 14 SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015) ___________________________________ 14 TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN 2008) ____ 15 VENDOR REGISTRATION MANDATORY (JAN 2006) _____________________________________________ 15 WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004) _________________________________________ 15 SECTION_IIB ______________________________________________________________________________ 16 ELECTRONIC COPIES – REQUIRED MEDIA AND FORMAT (MODIFIED) ____________________________ 16 OFFERING BY LOT (MODIFIED) ______________________________________________________________ 16 ON-LINE BIDDING INSTRUCTIONS (MAR 2015) _________________________________________________ 16 OPENING PROPOSALS – INFORMATION NOT DIVULGED (FEB 2015) ______________________________ 16 PROTEST - CPO - MMO ADDRESS (JUN 2006) ___________________________________________________ 16 UNIT PRICES REQUIRED (JAN 2006) ____________________________________________________________ 16 SECTION_III _______________________________________________________________________________ 17 DELIVERY/PERFORMANCE LOCATION -- SPECIFIED (JAN 2006) _________________________________ 19 SECTION_IV _______________________________________________________________________________ 20 INFORMATION FOR OFFERORS TO SUBMIT -- EVALUATION (JAN 2006) __________________________ 20 INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (MAR 2015) _____________________________ 21 MINORITY PARTICIPATION (DEC 2015) ________________________________________________________ 21 SUBMITTING REDACTED OFFERS (MODIFIED) __________________________________________________ 22 SECTION_V ________________________________________________________________________________ 23 QUALIFICATIONS OF OFFEROR (MAR 2015) ___________________________________________________ 23 QUALIFICATIONS - SPECIAL STANDARDS OF RESPONSIBILITY (MAR 2015) _______________________ 23 SECTION_VI _______________________________________________________________________________ 24 AWARD BY LOT (JAN 2006) __________________________________________________________________ 24 AWARD CRITERIA -- BEST VALUE BIDS (JAN 2006) _____________________________________________ 24 CALCULATING THE LOW BID ________________________________________________________________ 24 COMPETITION FROM PUBLIC ENTITIES (JAN 2006) _____________________________________________ 24 EVALUATION FACTORS -- BEST VALUE BID (JAN 2006) _________________________________________ 24

UNIT PRICE GOVERNS (JAN 2006) ______________________________________________________________ 25 SECTION_VIIA _____________________________________________________________________________ 26 ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (FEB 2015) ________ 26 BANKRUPTCY - GENERAL (FEB 2015) _________________________________________________________ 26 CHOICE-OF-LAW (JAN 2006) __________________________________________________________________ 26 CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (FEB 2015) _______________________________ 26 DISCOUNT FOR PROMPT PAYMENT (JAN 2006) ________________________________________________ 26 DISPUTES (JAN 2006) ________________________________________________________________________ 27 EFT INFORMATION (FEB 2021) _______________________________________________________________ 27 EQUAL OPPORTUNITY (JAN 2006) ____________________________________________________________ 27 FALSE CLAIMS (JAN 2006) ___________________________________________________________________ 27 FIXED PRICING REQUIRED (JAN 2006) _________________________________________________________ 27 NO INDEMNITY OR DEFENSE (FEB 2015) ______________________________________________________ 27 NOTICE (JAN 2006) __________________________________________________________________________ 27 OPEN TRADE (JUN 2015) _____________________________________________________________________ 28 PAYMENT and INTEREST (FEB 2021) ___________________________________________________________ 28 PUBLICITY (JAN 2006) _______________________________________________________________________ 28 PURCHASE ORDERS (JAN 2006) _______________________________________________________________ 28 SURVIVAL OF OBLIGATIONS (JAN 2006) ______________________________________________________ 28 TAXES (JAN 2006) ___________________________________________________________________________ 28 TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006) ________________________________ 29 THIRD PARTY BENEFICIARY (JAN 2006) _______________________________________________________ 29 WAIVER (JAN 2006) _________________________________________________________________________ 29 SECTION_VIIB _____________________________________________________________________________ 30 CHANGES (JAN 2006) ________________________________________________________________________ 30 COMPLIANCE WITH LAWS (JAN 2006) _________________________________________________________ 30 CONTRACTOR PERSONNEL (JAN 2006) ________________________________________________________ 30 CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006) __________________________________________ 30 DEFAULT (JAN 2006) ________________________________________________________________________ 30 ILLEGAL IMMIGRATION (NOV 2008) __________________________________________________________ 31

INDEMNIFICATION – THIRD PARTY CLAIMS - GENERAL (NOV 2011)

LICENSES AND PERMITS (JAN 2006) __________________________________________________________ 32 OWNERSHIP OF DATA & MATERIALS (JAN 2006) _______________________________________________ 32 PRICE ADJUSTMENTS (JAN 2006) _____________________________________________________________ 32 PRICE ADJUSTMENTS -- LIMITED BY CPI "OTHER GOODS and SERVICES" (JAN 2006) _______________ 32 PRICING DATA -- AUDIT -- INSPECTION (JAN 2006) _____________________________________________ 33 RELATIONSHIP OF THE PARTIES (JAN 2006) ___________________________________________________ 33 RESTRICTIONS ON PRESENTING TERMS OF USE OR OFFERING ADDITIONAL SERVICES (FEB 2015) __ 33 TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006) _______________ 33 TERM OF CONTRACT -- OPTION TO RENEW (FEB 2021) _________________________________________ 33 TERM OF CONTRACT -- TERMINATION BY CONTRACTOR (JAN 2006) ____________________________ 34 TERMINATION FOR CONVENIENCE (JAN 2006) _________________________________________________ 34 SECTION_VIIC DHEC’S SPECIAL CLAUSES ____________________________________________________ 34 DHEC’s CONFIDENTIALITY POLICY (DHEC – MAR 2014) _________________________________________ 34 PREVENTING AND REPORTING FRAUD, WASTE AND ABUSE (DHEC – MAR 2014) __________________ 35 SECTION_VIII ______________________________________________________________________________ 36 BIDDING SCHEDULE (NOV 2007) _____________________________________________________________ 36 SECTION_IX _______________________________________________________________________________ 37 LIST OF ATTACHMENTS _____________________________________________________________________ 37 NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING _____________ 37 OFFEROR'S CHECKLIST (JUN 2007) ____________________________________________________________ 38

I. SCOPE OF SOLICITATION

It is the intent of the State of South Carolina, SC Department of Health and Environmental Control, to solicit by Competitive Best Value Bids (CBVB) to establish a contract to perform drinking water analyses on South Carolina’s public drinking water systems for Total Trihalomethanes (TTHMs) and Haloacetic Acid (HAA5) using the analytical methods listed under the State Primary Drinking Water Regulations and the National Primary Drinking Water Regulations (NPDWR), in accordance with all requirements contained herein.

Award will be made to two Offerors: one Offeror for Lot 1, and one Offeror for Lot 2.

LOT 1:

Upstate Environmental Affairs Offices: Anderson EA Office, Greenwood EA Office, Greenville EA Office, and Spartanburg EA Office.

Midlands Environmental Affairs Offices: Aiken EA Office and Columbia EA Office.

Pee Dee Environmental Affairs Office: Orangeburg EA Office.

This lot includes the counties of: Abbeville, Aiken, Allendale, Anderson, Bamberg, Barnwell, Calhoun, Cherokee, Edgefield, Fairfield, Greenville, Greenwood, Laurens, Lexington, McCormick, Newberry, Oconee, Orangeburg, Pickens, Richland, Saluda, Spartanburg, and Union.

LOT 2:

Midlands Environmental Affairs Office: Lancaster EA Office.

Pee Dee Environmental Affairs Offices: Florence EA Office, Sumter EA Office, and Myrtle Beach EA Office.

Low Country Environmental Affairs Offices: Charleston EA Office and Beaufort EA Office.

This lot includes the counties of: Beaufort, Berkeley, Charleston, Chester, Chesterfield, Clarendon, Colleton, Darlington, Dillon, Dorchester, Florence, Georgetown, Hampton, Horry, Jasper, Kershaw, Lancaster, Lee, Marion, Marlboro, Sumter, Williamsburg, and York.

Note: The counties listed by LOT are not indicative of DHEC’s organizational structure. They are divided to allow for more equitable sample quantities per award.

ACQUIRE SERVICES (JAN 2006)

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

MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)

Start date: 1 / 03 / 2023 End date: 1 / 02 / 2028 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 resulting contract is for one year with four (1) one-year renewal options for a possible maximum term of five years.

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.

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 Term Contract," 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 Term 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. [02-2A003-3]

AMENDMENTS TO SOLICITATION (JAN 2004)

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

AUTHORIZED AGENT (FEB 2015)

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

AWARD NOTIFICATION (FEB 2015)

Notice regarding any award, cancellation of award, or extension of award will be posted at the location and on the date specified on the Cover Page or, if applicable, any notice of extension of award. Should the contract resulting from this Solicitation have a total or potential value of one hundred thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation and any award will not be effective until the eleventh day after such notice is given. [02- 2A010-2]

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 (MAY 2008)

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

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

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in addition to other remedies available to the State, the Procurement Officer may terminate the contract resulting from this solicitation for default. [02-2A035-1]

CODE OF LAWS AVAILABLE (JAN 2006)

The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at:

http://www.scstatehouse.gov/code/statmast.php

The South Carolina Regulations are available at:

http://www.scstatehouse.gov/coderegs/statmast.php [02-2A040-2] http://www.scstatehouse.gov/code/statmast.php http://www.scstatehouse.gov/coderegs/statmast.php

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 (JAN 2004)

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

DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)

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

DUTY TO INQUIRE (FEB 2015)

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

ETHICS CERTIFICATE (MAY 2008)

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

OMIT TAXES FROM PRICE (JAN 2004)

Do not include any sales or use taxes in Your price that the State may be required to pay. [02-2A080-1]

OPEN TRADE REPRESENTATION (JUN 2015)

By submitting an Offer, Offeror represents that Offeror is not currently engaged in the boycott of a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code

Section 11-35-5300. [02-2A083-1]

PROTESTS (MAY 2019)

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 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. [02-2A085-2]

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]

PUBLIC OPENING INFORMATION - DHEC (AUG 2014)

Vendors arriving at 301 Gervais Street will notice that this is also the location of the State Museum. Do not enter using the main museum entrance. To enter SC DHEC, vendors are to proceed from the front of the building to the left side (canal side). Park in either the lower or upper deck of the two-level parking garage.

Adjacent to the first floor parking garage is a glass door with a SC DHEC logo. This entrance is locked at all times. Press the intercom button in order to request entrance to the building. The door will be opened by the Agency receptionist. When you enter the building you will be required to sign in. You will be escorted to the 4th floor receptionist for your offer to be date/time stamped and then, if desired, escorted to the conference room where the public opening will take place. If you have issues with building access, please call DHEC's procurement receptionist at (803) 898-3501.

It will take several minutes to obtain building access and have offers date/time stamped. The public opening date/time is identified on the Cover Page, or the last Amendment, if applicable. Please plan accordingly. Opening times will not be adjusted.

QUESTIONS FROM OFFERORS (FEB 2015)

(a) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. Questions regarding the original solicitation or any amendment must be received by the Procurement Officer no later than five (5) days prior to opening unless an earlier date is stated on the Cover Page. Label any communication regarding your questions with the name of the procurement officer, and the solicitation's title and number.

Oral explanations or instructions will not be binding. [See R. 19-445.2042(B)] Any information given a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an Amendment to the solicitation, if that information is necessary for submitting offers or if the lack of it would be prejudicial to other prospective offerors. See clause entitled "Duty to Inquire." We will not identify you in our answer to your question. (b) The State seeks to permit maximum practicable competition. Offerors are urged to advise the Procurement Officer -- as soon as possible -- regarding any aspect of this procurement, including any aspect of the Solicitation that unnecessarily or inappropriately limits full and open competition. [See R. 19-445.2140] [02-2A095-2]

REJECTION/CANCELLATION (JAN 2004)

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

RESPONSIVENESS/IMPROPER OFFERS (JUN 2015)

(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. Each separate Offer must satisfy all Solicitation requirements. If this solicitation is an Invitation for Bids, each separate offer must be submitted as a separate document. If this solicitation is a Request for Proposals, multiple offers may be submitted as one document, provided that you clearly differentiate between each offer and you submit a separate cost proposal for each offer, if applicable.

(c) Responsiveness. Any Offer which fails to conform to the material requirements of the Solicitation may be rejected as nonresponsive. Offers which impose conditions that modify material requirements of the Solicitation may be rejected. If a fixed price is required, an Offer will be rejected if the total possible cost to the State cannot be determined. Offerors will not be given an opportunity to correct any material nonconformity. Any deficiency resulting from a minor informality may be cured or waived at the sole discretion of the Procurement Officer. [R.19-445.2070 and Section 11-35-1520(13)]

(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 the State even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(f) Do not submit bid samples or descriptive literature unless expressly requested. Unsolicited bid samples or descriptive literature will not be examined or tested, will not be used to determine responsiveness, and will not be deemed to vary any of the provisions of the solicitation. S.C. Code Ann. Reg. 19-445.2077(D). [02-2A105-2]

SIGNING YOUR OFFER (JAN 2004)

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

STATE OFFICE CLOSINGS (JAN 2004)

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

DISCLOSURE OF YOUR BID / PROPOSAL 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.