SAP

State of South Carolina

Fixed Price Bid

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400030173 9/2/2026 Tameka McClary 803-898-9035 Tameka.McClary@dss.sc.gov SCDSS Contract and Procurement 1535 Confederate Avenue Columbia SC 29201

DESCRIPTION: Supervised Independent Living (SIL)

USING GOVERNMENTAL UNIT: Department of Social Services

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

SUBMIT OFFER BY (Opening Date/Time): 10/6/2026 2:00PM ET (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 9/18/2026 5:00PM ET (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: 1 original and 1 Redacted copy Initial here if no redacted copy is necessary: ______

CONFERENCE TYPE: Virtual – Non-Mandatory Pre-Bid

DATE & TIME: 9/17/2026 10:00AM ET

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

LOCATION: Microsoft Teams Contact:Tameka.McClary@dss.sc.gov by September 15, 2026, to be added to the attendee list.

AWARD &

AMENDMENTS

Award will be posted on 11/13/2026. The award, this solicitation, any amendments, and any related notices will be posted at the following web address: https://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 thirty (30) 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)

https://procurement.sc.gov/ mailto:Tameka.McClary@dss.sc.gov https://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) Preferences do not apply. See SC Consolidated Procurement Code Reference 11-35-1524 (E) (2)

PAGE TWO (SEP 2009) End of PAGE TWO

TABLE OF CONTENTS

1. SCOPE OF SOLICITATION

1.1 ACQUIRE SERVICES (JAN 2006)

1.2 BACKGROUND

1.3 MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)

2. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

2.1 DEFINITIONS, CAPITALIZATION, AND HEADINGS (MAY 2024)

2.2 ADDITIONAL DEFINITIONS, CAPITALIZATION, AND HEADINGS

2.3 AMENDMENTS TO SOLICITATION (JAN 2004)

2.4 AUTHORIZED AGENT (FEB 2015)

2.5 AWARD NOTIFICATION (MAR 2024)

2.6 BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)

2.7 BID ACCEPTANCE PERIOD (JAN 2004)

2.8 BID IN ENGLISH and DOLLARS (JAN 2004)

2.9 AUTHORITY AS PROCUREMENT AGENT (DEC 2015)

2.10 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAR 2024):

2.11 CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)

2.12 CODE OF LAWS AVAILABLE (JAN 2006)

2.13 DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (JUL 2023)

2.14 DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)

2.15 DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)

2.16 DUTY TO INQUIRE (FEB 2015)

2.17 ETHICS CERTIFICATE (MAY 2008)

2.18 OMIT TAXES FROM PRICE (JAN 2004)

2.19 PRICING (MAR 2024)

2.20 OPEN TRADE REPRESENTATION (JUN 2015)

2.21 PROTESTS (MODIFIED)

2.22 PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)

2.23 PUBLIC OPENING (JAN 2004)

2.24 QUESTIONS FROM OFFERORS (MODIFIED)

2.25 REJECTION/CANCELLATION (JAN 2004)

2.26 RESPONSIVENESS (MAR 2024)

2.27 SIGNING YOUR OFFER (JAN 2004)

2.28 STATE OFFICE CLOSINGS (JAN 2004)

2.29 DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA (FEB 2021)

2.30 SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015)

2.31 VENDOR REGISTRATION MANDATORY (MAR 2024)

2.32 WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)

2. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS

2.33 BID SAMPLES OR DESCRIPTIVE LITERATURE (MAR 2024)

2.34 CONFERENCE - PRE-BID/PROPOSAL (MODIFIED)

2.35 CONFIRMATION OF BID

2.36 ELECTRONIC COPIES - REQUIRED MEDIA AND FORMAT (MODIFIED)

2.37 ON-LINE BIDDING INSTRUCTIONS (MODIFIED)

2.38 PROTEST - CPO - MMO ADDRESS (MAR 2024)

2.39 RESPONSIVENESS – CORRECTION OF NON-CONFORMITY (MAR 2024)

2.40 UNIT PRICES REQUIRED (JAN 2006)

3. SCOPE OF WORK/SPECIFICATIONS

3.1 Eligibility Specifications

3.2 Admission Process

3.3 SIL Supervision

3.4 SIL Setting - Apartment

3.5 SIL Service Components

3.6 Financial Reporting Requirements

4. INFORMATION FOR OFFERORS TO SUBMIT

4.1 INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (MAR 2015)

5. QUALIFICATIONS

5.1 QUALIFICATIONS OF OFFEROR (MAR 2015)

5.2 QUALIFICATIONS -- REQUIRED INFORMATION (MODIFIED)

5.3 SUBCONTRACTOR -- IDENTIFICATION (FEB 2015)

6. AWARD CRITERIA

6.1 AWARD CRITERIA -- FIXED PRICE BIDDING (JAN 2006)

6.2 BIDS RECEIVED AFTER AWARD -- FIXED PRICE BIDDING (MODIFIED)

6.3 COMPETITION FROM PUBLIC ENTITIES (JAN 2006)

7. TERMS AND CONDITIONS -- A. GENERAL

7.1 ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (FEB 2015)

7.2 BANKRUPTCY - GENERAL (FEB 2015)

7.3 CHOICE-OF-LAW (JAN 2006)

7.4 CONTRACT AWARDED PURSUANT TO CODE (MAR 2024)

7.5 CONTRACT DOCUMENTS & ORDER OF PRECEDENCE (MAY 2024)

7.6 DISCOUNT FOR PROMPT PAYMENT (JAN 2006)

7.7 DISPUTES (MAY 2024)

7.8 EFT INFORMATION (APR 2024)

7.9 EQUAL OPPORTUNITY (JAN 2006)

7.10 FALSE CLAIMS (JAN 2006)

7.11 FIXED PRICING REQUIRED (JAN 2006)

7.12 NO INDEMNITY OR DEFENSE (FEB 2015)

7.13 NOTICE (MAY 2024)

7.14 OPEN TRADE (JUN 2015)

7.15 ORGANIZATIONAL CONFLICT OF INTEREST (JUL 2023)

7.16 PAYMENT and INTEREST (FEB 2021)

7.17 PUBLICITY (JAN 2006)

7.18 PURCHASE ORDERS (JAN 2006)

7.19 SURVIVAL OF OBLIGATIONS (JAN 2006)

7.20 TAXES (JAN 2006)

7.21 TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)

7.22 THIRD PARTY BENEFICIARY (JAN 2006)

7.23 WAIVER (JAN 2006)

7. TERMS AND CONDITIONS -- B. SPECIAL

7.24 CHANGES (JAN 2006)

7.25 COMPLIANCE WITH LAWS (JAN 2006)

7.26 CONFERENCE – PRE-PERFORMANCE (MODIFIED)

7.27 CONTRACTOR'S LIABILITY INSURANCE - GENERAL (FEB 2015)

7.28 CONTRACTOR’S LIABILITY INSURANCE – INFORMATION SECURITY AND PRIVACY (FEB 2015)

7.29 CONTRACTOR PERSONNEL (JAN 2006)

7.30 CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006)

7.31 DEFAULT (JAN 2006)

7.32 ESTIMATED QUANTITY -- UNKNOWN (MODIFIED)

7.33 ILLEGAL IMMIGRATION (NOV 2008)

7.34 INDEMNIFICATION-THIRD PARTY CLAIMS - GENERAL (NOV 2011)

7.35 INFORMATION SECURITY - DEFINITIONS (FEB 2015)

7.36 INFORMATION SECURITY - SAFEGUARDING REQUIREMENTS (FEB 2015)

7.37 INFORMATION SECURITY – LOCATION OF DATA (FEB 2015)

7.38 INFORMATION USE AND DISCLOSURE (FEB 2015)

7.39 INFORMATION USE AND DISCLOSURE – STANDARDS (FEB 2015)

7.40 LICENSES AND PERMITS (JAN 2006)

7.41 LIMITATION OF LIABILITY -- SINGLE AGENCY (MAY 2020)

7.42 PRICE ADJUSTMENTS (JAN 2006)

7.43 PRICING DATA -- AUDIT -- INSPECTION (JAN 2006)

7.44 SERVICE PROVIDER SECURITY REPRESENTATION (FEB 2015)

7.45 RELATIONSHIP OF THE PARTIES (JAN 2006)

7.46 TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006)

7.47 TERM OF CONTRACT -- OPTION TO RENEW (FEB 2021)

7.48 TERM OF CONTRACT -- TERMINATION BY CONTRACTOR (JAN 2006)

7.49 TERMINATION FOR CONVENIENCE (JAN 2006)

7. MISCELLANEOUS TERMS – C. CONDITIONS/REQUIREMENTS

7.50 APPLICABLE LAWS AND REGULATIONS

7.51 SAFETY PRECAUTIONS

7.52 SAFEGUARDING INFORMATION

8. BIDDING SCHEDULE / PRICE-BUSINESS PROPOSAL

8.1 BIDDING SCHEDULE (NOV 2007)

8.2 SIL Apartment Style Living Setting – All-inclusive

9. ATTACHMENTS TO SOLICITATION

ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

ATTACHMENT D

1. SCOPE OF SOLICITATION

1.1 ACQUIRE SERVICES (JAN 2006)

It is the intent of the SC Department of Social Services, (SCDSS), to establish a Qualified Providers List able to provide Supervised Independent Living (SIL) throughout the state of South Carolina with contracted community-based housing arrangements for young adults ages 18-21 years of age in Extension of Foster Care.

1.2 BACKGROUND

On April 25, 2022, Governor McMaster signed Extension of Foster Care (H.3509) into law. This law enables South Carolina to operate a Title IV-E reimbursable extended foster care program (EFC) for young adults ages 18- 21. The purpose of the Extended Foster Care legislation is to provide a pathway for young adults who would otherwise leave the foster care system at age 18 to voluntarily remain in or return to the placement and care responsibility of SCDSS.

The South Carolina Department of Social Services (SCDSS) mission is to promote the safety, permanency, and well-being of children and vulnerable adults, helping individuals achieve stability and strengthening families. DSS believes that Extension of Foster Care will improve the agency’s approach to responding to the needs of teens and young adults and promote successful outcomes transitioning into adulthood.

Supervised Independent Living (SIL) is defined as the following: Any housing arrangement with an approved contracted provider and ongoing supervision by SCDSS designated staff. For the purposes of this Solicitation this includes placement services provided by SCDSS or contracted community-based housing arrangements. SIL provides realistic living experience in which the young adults can take responsibility for themselves based on their level of self-sufficiency. A continuum of services will be available and provided in accordance with the developmental readiness of young adults served, in addition to their chronological age.

The goal of an SIL program is to prepare young adults for successful adult living through the provision of services related to daily living, problem- solving, and other skills that maximize the young adult's potential to be a self-sufficient, productive adult. SIL encompasses the balance between independence and dependence that exists for most young adults in their late teens and early twenties, and it allows young adults to live independently within a shared living agreement offering a safety net, while taking responsibility for themselves.

SIL is a type of voluntary agreement where 18-, 19- and 20-year-old young adults can reside in a less restrictive, non-traditional living setting while continuing to receive case management and support services to help them become independent and self-sufficient. A shared living agreement provides guidelines regarding topics such as communication and household rules, responsibilities, and expectations.

SIL providers understand that the transition process challenges the safety, permanency, and well-being of young adults as they are intentionally given space to learn and grow, which trial and error learning and risk-taking actions and behaviors which are all in line with their peer group during adolescent development. SIL Providers ensure that all services provided are culturally relevant and linguistically appropriate to the population being served. SIL Providers ensures services are delivered in a manner that supports and enhances diversity, independence, self-esteem, mutual respect, values, and dignity, and incorporates the principles of positive teen and young adult development. SIL Providers will attempt to encourage, even those reluctant and/or with behavioral barriers, to participate in services and supports to achieve their goals.

1.3 MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)

Start date: 1/1/2026 End date: 12/31/2031. 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]

It is anticipated that the initial term of the contract will be one (1) year with four (4) one-year options to renew resulting in a maximum contract term of five (5) years.

2. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

2.1 DEFINITIONS, CAPITALIZATION, AND HEADINGS (MAY 2024)

CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE ONLY AND WILL NOT BE USED TO CONSTRUE MEANING OR INTENT. EVEN IF NOT CAPITALIZED, THE FOLLOWING DEFINITIONS APPLY TO ALL PARTS OF THE SOLICITATION, UNLESS EXPRESSLY PROVIDED OTHERWISE.

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

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

BUSINESS means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity. [11-35-310(3)]

CHANGE ORDER means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract. [11-35- 310(5)]

CONTRACT See clause entitled Contract Documents & Order of Precedence.

CONTRACT MODIFICATION means a written order signed by the procurement officer, directing the contractor to make changes which the clause of the contract titled “Changes,” if included herein, authorizes the Procurement Officer to order without the consent of the contractor. [11-35-310(9)]

CONTRACTOR means the Offeror receiving an award as a result of this solicitation.

COVER PAGE means the top page of the original solicitation on which the solicitation is identified by number. Offerors are cautioned that Amendments may modify information provided on the Cover Page.

OFFER means the bid or proposal submitted in response this solicitation. The terms Bid and Proposal are used interchangeably with the term Offer.

OFFEROR means the single legal entity submitting the offer. The term Bidder is used interchangeably with the term Offeror.

See bidding provisions entitled Signing Your Offer and Bid/Proposal As Offer To Contract.

PAGE TWO means the second page of the original solicitation, which is labeled Page Two.

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

YOU and YOUR means Offeror.

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

STATE means the Using Governmental Unit(s) identified on the Cover Page.

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

US or WE means the using governmental unit.

USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. If the Cover Page identifies the Using Governmental Unit as “Statewide Contract,” either optional or mandatory, the phrase “Using Governmental Unit” means any South Carolina Public Procurement Unit [11-35-4610(5)] that has submitted a Purchase Order to you pursuant to the contract resulting from this solicitation. Reference the clauses titled “Purchase Orders” and “Statewide Contract.”

WORK means all labor, materials, equipment, services, or property of any type, provided or to be provided by the Contractor to fulfill the Contractor’s obligations under the Contract.

[02-2A003-4]

2.2 ADDITIONAL DEFINITIONS, CAPITALIZATION, AND HEADINGS

Specific To South Carolina Department of Social Services:

ACTUAL EXPENDITURE, ACTUAL PROGRAM EXPENDITURE, ACTUAL COST means the dollar amount of a disbursement made by Provider whether allowable or unallowable.

ADJUSTED EXPENDITURE, ADJUSTED PROGRAM EXPENDITURE, ADJUSTED COST means the dollar amount arrived at by taking 115% of the budgeted category for program expenditure or the allowable program expenditure for the same category, whichever is lesser, not to exceed the total budget.

ALLOWABLE EXPENDITURE, ALLOWABLE COST means the dollar amount of a disbursement made by Provider in the provision of services defined as allowable by the Finance Policy Procedure Manual or applicable DHHS regulations, whichever provision is more restrictive.

BUDGET CATEGORY means budgeted program expenditures grouped in like functions or purpose and subdivided accordingly.

BUDGETED EXPENDITURE, BUDGETED PROGRAM EXPENDITURE, BUDGETED COST means the dollar amount allocated for expenditures.

CAPITAL EQUIPMENT means an item of property (other than real property) with an acquisition cost of $5,000.00 or more (including taxes and any other ancillary charges) per unit and a useful service life of more than one (1) year.

CAPSS means the SCDSS child welfare management and adult protective services information system.

CFT means Child and Family Team meeting

CHEMICAL RESTRAINT means a psychopharmacological drug as a restraint to control behavior or restrict freedom of movement that is not a standard prescription for the child/youth’s medical or psychiatric condition.

COST BASE means the total allowable operating cost for Provider for each service according to an acceptable cost allocation method.

CPA means Child Placing Agency.

DE-ESCALATION means behavior that is intended to escape escalation of conflicts. It also refers to approaches in conflict resolution. De-escalation techniques may use verbal and non-verbal cues.

DEPARTMENT means South Carolina Department of Social Services.

DHHS means the United States Department of Health and Human Services.

FAMILY FOSTER CARE means a non-therapeutic foster care placement to children/youth in a foster home setting.

FINAL REIMBURSEMENT means the dollar amount arrived at by computing the difference between total interim reimbursement and total adjusted program expenditure where total adjusted program expenditure is greater than total interim reimbursement.

FOSTER CARE ADMINISTRATIVE COSTS are defined as costs to cover the necessary functions of foster home licensing, recruitment, training, and supervision of foster parents.

FOSTER CARE MAINTENANCE PAYMENTS are defined in section 475(4) of the Social Security Act, and are to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child and reasonable travel to the child's home for visitation and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement.

GENERALLY ACCEPTED ACCOUNTING PRINCIPLES means those objective accounting principles ordinarily employed by skillful accountants and agreed upon by authoritative writers, practitioners of recognized professional standing, the American Institute of Certified Public Accountants, and most recognized professional bodies.

HATCH ACT means Title 5, United States Code, Sections 1501 - 1508, as amended.

INDIRECT OWNERSHIP INTEREST means the ownership in an outside entity which has a direct or indirect ownership interest in the Contractor. Example 1: If A owns 20% of Corporation B, and Corporation B owns 30% of the Contractor, then A owns 6% of the Contractor, indirectly. Example 2: If A owns 20% of a note secured by 30% of the Contractor’s assets, A owns 6% of the Contractor, indirectly.

IPOC means in Individual Plan of Care. For Medicaid-billable TFC services, the requirements of an IPOC dictated by the current version of the South Carolina Department of Health and Human Services’ Provider Manual take precedence over contract language.

MECHANICAL RESTRAINT means the use of any physical device to limit movement and prevent harm to self or others, not including devises such as prescribed orthopedic devices, surgical dressings or bandages, protective helmets, or any other apparatus that is prescribed as a medical protective devise.

OTHER FUNDS means the funds other than the funds appropriated through SCDSS or Matching Funds, whether from public or private sources.

PERSONNEL LINE ITEM means the subdivisions of the Personnel Budgeted Category which includes those designated as:

Classified Positions (State Agencies), Unclassified Positions (State Agencies), Other Personnel (State Agencies), Administrative, Professional, Food Services, Paraprofessionals, and Other Personnel. These line items are further defined in the Fiscal and Administrative Manual.

PHYSICAL RESTRAINT means behavior that is intended to escape escalation of conflicts. It also refers to approaches in conflict resolution. De-escalation techniques may use verbal and non-verbal cues.

POTENTIAL PAYMENT REPORT means the report provided by SCDSS to Providers showing expected payment for services rendered.

PROCUREMENT CODE means the South Carolina Consolidated Procurement Code. PROVIDER means Contractor or Child

Placing Agency.

RBHS means Rehabilitative Behavioral Health Services.

REQUEST FOR REIMBURSEMENT means the request prescribed in Article V, Section A, of this contract.

SCDHHS means the South Carolina Department of Health and Human Services.

SCDSS means the South Carolina Department of Social Services.

SECLUSION means placing a child/youth in a locked room.

SOCIAL SECURITY ACT means Title 42, United States Code, Chapter 7, as amended.

SUPPLIES means tangible personal property other than those defined in the definition of ‘Capital Equipment’ with an acquisition cost of less than $5,000 per item.

TIME OUT means a behavior intervention technique that is defined as the temporary restriction of an individual for a period of time to a designated area from which the person is not physically prevented from leaving, for the purpose of providing the individual an opportunity to regain self-control. Time-out will last only for the shortest amount of time needed.

TFC means Therapeutic Foster Care. This can encompass an individual type of TFC, including TFC, SNTFC and/or MTFC or all services collectively.

TOTAL ADJUSTED PROGRAM EXPENDITURES means the sum of adjusted program expenditures for all categories and personnel line items.

TOTAL FUNDS means Funds consisting of SCDSS state appropriated funds and matching funds.

TOTAL REIMBURSEMENT means the sum of all reimbursements received by Provider from SCDSS to complete the work described in Article III of this document.

UNALLOWABLE EXPENDITURE, UNALLOWABLE PROGRAM EXPENDITURE, AND UNALLOWABLE COST means the dollar amount of disbursement made by Provider which is not reasonable and necessary to provide a service, or which is defined as unallowable by the Finance Policy and Procedure Manual or by DHHS regulations, whichever is more stringent, or which has not been budgeted

2.3 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]

2.4 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]

2.5 AWARD NOTIFICATION (MAR 2024)

Notice regarding any award, cancellation of award, or extension of award will be posted at the location and on the date specified on the Cover Page or, if applicable, the most recent notice of extension of award. Should the contract resulting from this Solicitation have a total or potential value more than one hundred thousand dollars, such notice will be sent electronically to all Offerors responding to the Solicitation. Unless a written notice of intent to protest is timely filed pursuant to Section 11-35-4210(1)(b) or the award is otherwise suspended or canceled, the award will be effective on the calendar day (including weekends and holidays) immediately following the seventh business day after such notice is given.

[02-2A010-3]

2.6 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]

2.7 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]

2.8 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]

2.9 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]

2.10 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAR 2024):

GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION MAY RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS AND OTHER APPLICABLE LAWS.

(a) By submitting an offer, the offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; or

(2)(i) Has been authorized, in writing, to act as agent for the offeror's principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification [As used in this subdivision (b)(2)(i), the term "principals" means the person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal];

(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification.

(c) If the offeror deletes or modifies paragraph (a)(2) of this certification, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. [02-2A032-2]

2.11 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]

2.12 CODE OF LAWS AVAILABLE (JAN 2006)

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

South Carolina Code of Laws (scstatehouse.gov)

The South Carolina Regulations are available at:

South Carolina Code of Regulations (scstatehouse.gov)

[02-2A040-2]

2.13 DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (JUL 2023)

(“OCI FAQ for Contractors” is available at www.procurement.sc.gov)

(a) You certify that, after reasonable inquiry, to the best of your knowledge and belief:

(1) your offer identifies any services that relate to either this solicitation or the work and that have already been performed by you, a proposed subcontractor, or an affiliated business or consultant of either; and

(2) there are no relevant facts or circumstances that may give rise to an actual or potential organizational conflict of interest, as defined in S.C. Code Ann. Reg. 19-445.2127, or that your offer identifies and explains any unfair competitive advantage you may have in competing for the proposed contract and any actual or potential conflicts of interest that may arise from your participation in this competition or your receipt of an award.

(b) If you, a proposed subcontractor, or an affiliated business or consultant of either, have an unfair competitive advantage or an actual or potential conflict of interest, the State may withhold award. Before withholding award on these grounds, the State will notify you of the concerns and provide a reasonable opportunity for you to respond. The State may consider efforts to avoid or mitigate such concerns, including restrictions on future activities.

(c) The certification in paragraph (a) of this provision is a material representation of fact upon which the State will rely when considering your offer for award. [02-2A047-3]

2.14 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-https://www.scstatehouse.gov/code/statmast.php https://www.scstatehouse.gov/coderegs/statmast.php

1]

2.15 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]

2.16 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]

2.17 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]

2.18 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]

2.19 PRICING (MAR 2024)

(a) Fixed Price. If a fixed price is required, award will not be made on an Offer if the total possible price to the State cannot be determined. (b) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price. S.C. Code Ann. Reg. 19-445.2070E. (c) Unbalanced Pricing. The State will analyze all offers with separately priced line items or subline items to determine if the prices are unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated. The responsible procurement officer may reject an offer as unreasonably priced if she determines that unbalanced pricing increases performance risk (e.g., it is so unbalanced as to be tantamount to allowing an advance payment) or could result in payment of unreasonably high prices. S.C. Code Ann. Reg. 19-445.2122C. [02-2A082-1]

2.20 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]

2.21 PROTESTS (MODIFIED)

(a) If you are aggrieved in connection with the solicitation or award of the contract, you may be entitled to protest, but only as provided in Section 11-35-4210. To protest the solicitation or an amendment, your written protest must be received within fifteen Days of the date the applicable solicitation document is issued. To protest an award, (i) written notice of your intent to protest must be received within seven Business Days of the date the award notice is posted, and (ii) your actual written protest must be received within fifteen Days of the date the award notice is posted. Time periods are computed in accordance with Section 11-35-310(13) and the definitions for Day and Business Day. Both protests and notices of intent to protest must be received by the appropriate Chief Procurement Officer (CPO). See clause entitled "Protest-CPO." (b) Pursuant to Section 11-35-410, documents directly connected to a procurement activity may be available within five days after request. All document requests should be directed to tssimmons@mmo.sc.gov. If a protest is pending, the protestant’s lawyer may access otherwise unavailable information by applying to the CPO for the issuance of a protective order.

Additional information is available at www.procurement.sc.gov/legal.

2.22 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]

2.23 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]

2.24 QUESTIONS FROM OFFERORS (MODIFIED)

mailto:tssimmons@mmo.sc.gov http://www.procurement.sc.gov/legal

(a) Any prospective Offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. All questions must be submitted in writing and received by the Procurement Officer for this solicitation no later than THE DATE AND TIME LISTED ON COVER PAGE 1.

(b) Email is the preferred method for submitting questions to the procurement officer, Title the “Subject Line” of your email, “Questions 5400030173 “Supervised Independent Living (SIL)”, and utilize ATTACHEMENT E, Questions Template to submit your questions.

Email: Tameka.McClary@dss.sc.gov

(c) 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.

(d) 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]

2.25 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]

2.26 RESPONSIVENESS (MAR 2024)

(a) Award will not be made on a nonresponsive offer. An offer is nonresponsive (i) if it does not constitute an unambiguous offer to enter into a contract with the State, or (ii) if it imposes conditions inconsistent with, or does not unambiguously agree to, the solicitation’s material requirements. (b) Bid as Specified. Offers for supplies or services other than those specified will not be considered unless authorized by the Solicitation. [02-2A105-3]

2.27 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]

2.28 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]

2.29 DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA (FEB 2021)

(a) According to Section 11-35-410, any person submitting a document in response or with regard to any solicitation or other request must "comply with instructions provided in the solicitation for marking information exempt from public disclosure. Information not marked as required by the applicable instructions may be disclosed to the public." IF YOU IDENTIFY YOUR ENTIRE RESPONSE AS EXEMPT FROM PUBLIC DISCLOSURE, OR IF YOU DO NOT SUBMIT A REDACTED COPY AS REQUIRED, THE STATE MAY, IN ITS SOLE DISCRETION, DETERMINE YOUR BID OR PROPOSAL NONRESPONSIVE AND INELIGIBLE FOR AWARD. (b) By submitting a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every page, or portion thereof, of every document regarding this solicitation or request that was submitted at any time prior to entering into a contract (including, but not limited to, documents contained in a response, documents submitted to clarify a response, and documents submitted during negotiations), unless the page, or portion thereof, was redacted and conspicuously marked "Trade Secret" or "Confidential" or "Protected", (2) agrees that any information not redacted and marked, as required by these bidding instructions, as a "Trade Secret" is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that, notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other financial figures used to determine the award, as well as the final contract amount, are subject to public disclosure. (c) If your offer includes any information that you claim is exempt from public disclosure, you must submit one complete copy of your offer from which you have removed or concealed such information (the redacted copy). Except for the information removed or concealed, the redacted copy must be identical to your original offer. (d) Do not mark your entire response (bid, proposal, quote, etc.) as confidential, trade secret, or protected. If only portions of a page are subject to some protection, do not redact the entire page. The redacted copy must reflect the same pagination as the original and show the empty space from which information was redacted. The Procurement Officer must be able to view, search, copy and print the redacted copy without a password. If your response, or any part thereof, is improperly marked as confidential or trade secret or protected, the State may, in its sole discretion, determine it nonresponsive. (e) On the redacted copy, you must identify the basis of your claim by marking each redaction as follows: You must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that you redacted and claim as exempt from public disclosure because it is either (1) a trade secret as defined in Section 30-4-40(a)(1) of the Freedom of Information Act, or (2) privileged and confidential, as that phrase is used in Section 11-35-410. You must separately mark with the words "TRADE SECRET" every page, or portion thereof, that you redacted and claim as exempt from public disclosure as a trade secret pursuant to Section 39-8-20 of the Trade Secrets Act. You must separately mark with the word "PROTECTED" every page, or portion thereof, that you redacted and claim as exempt from public disclosure pursuant to Section 11-35- 1810. All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text. (f) In determining whether to release documents, the State will detrimentally rely on your redaction and marking of documents, as required by these bidding instructions, as being either "Confidential" or "Trade Secret" or "Protected".