Used_Tire_Collection_and_Recycling_Services.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/dorchestercountysc

REQUEST FOR PROPOSAL

No. 2027-08

Used Tire Collection and Recycling Services

Publish Date September 4, 2026

Last Day for Questions September 15, 2026, 8:00am

Proposal Due Date September 24, 2026, 2:00pm

Table Of Contents

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Introduction/Purpose

1.2. Scope of Work

2. SECTION TWO: PROPOSAL FORMAT AND EVALUATION CRITERIA

2.1. Proposal Format

2.2. Evaluation Process and Criteria

2.3. General Award and Criteria Information

3. SECTION THREE: SPECIAL INSTRUCTIONS AND SOLICITATION-SPECIFIC

TERMS

3.1. Written Questions Deadline

3.2. Proposal Submittal Process

3.3. Proposal Submittal Deadline

3.4. Term of Agreement

3.5. Payment to Contractor

3.6. Shipping

3.7. Permits and Licenses

3.8. Additional Information and Inquiries

4. SECTION FOUR: TERMS AND CONDITIONS

4.1. Preparation, Submission and Withdrawal of Proposals

4.2. Non-Collusion Certification Requirements

4.3. Proposer Representations

4.4. Award of Contract

4.5. Notice of Award of Contract

4.6. Contract Document

4.7. Modification

4.8. Notice to Proceed

4.9. Proposer's Qualifications

4.10. Subcontractors

4.11. Indemnification

4.12. Termination

4.13. State and Local Taxes

4.14. Drug-Free Workplace Act

4.15. Insurance Requirements

4.16. Utilization by Other Public Agencies Clause

4.17. All County Departments Eligible to Purchase

4.18. Confidential Information

4.19. Intellectual Property

5. SECTION FIVE: SAMPLE CONTRACT

5.1. Sample Agreement

6. SECTION SIX: REQUIRED ATTACHMENTS, FORMS, AND INFORMATION

6.1. Vendor Questionnaire

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Introduction/Purpose

Dorchester County, South Carolina (County) is seeking proposals from qualified firms to provide collection, transportation, recycling, processing, and beneficial reuse services for used tires collected through the County's residential Convenience Site program.

The County's primary objectives are to reduce the operational costs associated with managing used tires, maximize recycling and/or beneficial reuse, reduce reliance on landfill disposal, and preserve landfill capacity.

Dorchester County currently accepts standard-size car, motorcycle, and truck tires generated by County residents at designated Convenience Sites. Tires must be removed from rims prior to acceptance.

Commercial, off-road, and tractor tires are not accepted through the residential Convenience Site program.

Additional information concerning the County's tire collection program is available on the County's website.

The County currently collects approximately 225 to 250 tons of used tires annually. The waste stream consists primarily of passenger and light-truck tires; tires are not separated by type or size. Quantities stated herein are estimates based upon historical activity and are provided for informational and proposal-evaluation purposes only. The County makes no guarantee regarding the quantity of tires that will be generated or available during the term of the resulting contract.

Under the County's current process, collected tires are consolidated, ground using rented tire-shredding equipment, and transported to a local landfill where the processed material is used as cover. In addition to disposal costs, the County incurs costs associated with shredder rental, County labor, equipment operation, and transportation. The County began grinding tires several years ago as a means of reducing the cost of managing the material. Through this solicitation, the County seeks to identify qualified firms capable of recycling or beneficially reusing the tires in a manner that may further reduce the County's total operational costs and consumption of landfill capacity.

The County anticipates consolidating whole tires at one designated County location for collection by the

Contractor. The County reserves the right to utilize either of the following locations during the contract term:

• Sandy Pines Convenience Site, 374 Sandy Pines Lane, Dorchester, SC; or

• Miles Road/Suburban Convenience Site, 130 Suburban Lane, Summerville, SC.

The County has adequate space at either location to accommodate Contractor-provided storage equipment and does not anticipate equipment or height restrictions affecting the proposed collection method.

The County intends to select the proposal determined to provide the greatest overall value based upon cost to the County, operational efficiency, recycling and landfill-diversion benefits, proposed service approach, qualifications and experience, and reporting and documentation capabilities. The County encourages

Offerors to propose innovative and cost-effective approaches, including arrangements resulting in reduced charges, no-cost service, credits, revenue sharing, or payments to the County, when commercially feasible.

1.2. Scope of Work

1.2.1. General Requirements

The Contractor shall furnish all labor, supervision, transportation, containers, trailers, equipment, permits, licenses, processing, recycling services, and other resources necessary to collect and properly manage used tires generated through the County's residential Convenience Site program, except for those responsibilities expressly assigned to the County herein.

The Contractor shall perform all services in accordance with applicable federal, state, and local laws, regulations, permits, and requirements governing the collection, transportation, storage, processing, recycling, and beneficial reuse of used tires.

1.2.2. County Responsibilities

The County anticipates performing the following activities:

1. Accepting eligible used tires from County residents at designated Convenience Sites.

2. Transporting and consolidating collected tires at a County-designated collection location.

3. Loading tires into storage equipment provided by the Contractor, provided the proposed equipment is compatible with County equipment and operations.

4. Providing reasonable access to the designated collection location for scheduled and emergency pickups.

Unless otherwise approved by the County, the Contractor shall not be responsible for collecting tires directly from individual Convenience Sites.

1.2.3. Eligible Material

The material generated through this program is expected to consist primarily of standard-size passenger vehicle, motorcycle, and light-truck tires accepted from Dorchester County residents.

Tires containing rims shall not be included.

The County does not currently accept commercial, off-road, or tractor tires through its residential

Convenience Site tire collection program.

The County estimates that approximately 225 to 250 tons of tires are collected annually. The actual quantity, composition, size, and frequency of material generated may vary. The County does not guarantee any minimum quantity or volume under the resulting contract.

1.2.4. Contractor-Provided Storage Equipment

The Offeror shall propose the type, size, quantity, and capacity of container(s), trailer(s), or other storage equipment recommended for the County's anticipated volume.

The proposal shall clearly identify:

1. Type and dimensions of proposed equipment;

2. Approximate tire or tonnage capacity;

3. Number of units proposed;

4. Loading method;

5. Any site, equipment, or operational requirements;

6. Frequency with which equipment is anticipated to require collection or exchange; and

7. All costs associated with providing, delivering, maintaining, replacing, exchanging, or removing the storage equipment.

The County has adequate space at the proposed collection locations and does not anticipate equipment or height restrictions. However, the County reserves the right to approve proposed storage equipment prior to implementation.

The Contractor shall maintain all Contractor-owned storage equipment in a safe and serviceable condition throughout the contract term.

1.2.5. Routine Collection

The Contractor shall collect tires upon notification by the County that the container or storage equipment is approaching capacity or otherwise requires service.

Based upon current volumes, the County anticipates collection approximately monthly; however, actual collection frequency may vary.

The Contractor shall identify in its proposal its standard response time following a request for routine collection.

The County may allow tires to remain staged for an extended period when necessary; however, the preferred operating method is collection or exchange when the Contractor-provided storage equipment is full or approaching capacity.

1.2.6. Emergency Collection

The Contractor shall provide emergency collection service when requested by the County.

Emergency collection may be required in preparation for hurricanes, tropical storms, severe weather events, emergencies, or other circumstances requiring the County to clear accumulated tires or storage equipment from the site.

Unless otherwise authorized by the County, the Contractor shall respond to an emergency collection request and complete collection within forty-eight (48) hours of notification.

The Offeror shall identify any additional charges associated with emergency service on the Cost Proposal

Form.

1.2.7. Transportation

The Contractor shall be responsible for transportation of all collected tires from the County-designated collection location to the proposed processing, recycling, beneficial-use, or other approved facility.

The Contractor shall provide properly licensed and insured vehicles and equipment appropriate for the material being transported and shall comply with all applicable transportation and waste-tire requirements.

1.2.8. Recycling and Beneficial Reuse

The County's preference is to maximize recycling and/or beneficial reuse of tires collected under this contract and minimize material ultimately disposed of in a landfill.

The County is not prescribing a specific recycling technology, processing method, or end-use market.

Offerors are encouraged to propose the method or combination of methods that provides the greatest overall environmental and economic benefit to the County.

The Offeror shall fully describe:

1. The proposed processing method(s);

2. The facility or facilities at which tires will be processed;

3. The anticipated end use(s) or end market(s);

4. The estimated percentage of material that will be recycled or beneficially reused;

5. The estimated percentage, if any, that will ultimately be landfilled or otherwise disposed of; and

6. Any secondary materials or residuals resulting from processing and their ultimate disposition.

The Contractor shall not landfill whole tires or otherwise dispose of collected material except as permitted by applicable law and expressly disclosed in its proposal or subsequently approved by the County.

Material disposition shall be consistent with the recycling and beneficial-use approach represented in the

Contractor's proposal unless the County approves an alternative in writing.

1.2.9. Regulatory Compliance

The Contractor and any processing, recycling, transportation, or disposal facilities utilized under the contract shall maintain all licenses, registrations, permits, certifications, and approvals required by applicable law.

The Contractor shall immediately notify the County of any suspension, revocation, expiration, enforcement action, or other regulatory matter that could materially affect its ability to perform the contract.

The Contractor shall remain responsible for the proper management and disposition of all material collected from the County, including material transported or processed by subcontractors or third-party facilities.

1.2.10. Documentation and Reporting

The Contractor shall maintain complete records of material collected and processed under the contract.

At a minimum, reports shall identify:

1. Date of each collection;

2. County collection location;

3. Weight or tonnage collected;

4. Processing or receiving facility;

5. Processing method;

6. End use or end market;

7. Tons and/or percentage recycled or beneficially reused;

8. Tons and/or percentage disposed, if applicable; and

9. Such other diversion or environmental statistics as may reasonably be requested by the County.

Weight tickets, manifests, certificates of recycling, certificates of destruction, or other appropriate documentation of final disposition shall be provided as applicable.

Reports shall be submitted at least quarterly and shall be sufficient for the County to evaluate program costs, recycling performance, and landfill diversion.

The County reserves the right to request supporting documentation necessary to verify reported quantities and final disposition.

2. SECTION TWO: PROPOSAL FORMAT AND EVALUATION CRITERIA

2.1. Proposal Format

Proposals should be organized in the order listed below. Offerors should provide sufficient information to allow the County to evaluate the proposed services without requiring assumptions regarding the

Offeror's approach.

1. Executive Summary

Provide a concise overview of the proposed program, including the Offeror's understanding of the

County's objectives and the primary operational, financial, and environmental benefits of the proposed solution.

2. Collection and Service Approach

Describe the Offeror's proposed approach to collection and transportation, including:

1. Proposed storage equipment and capacity;

2. Recommended number of containers/trailers;

3. Loading requirements;

4. Anticipated collection frequency;

5. Standard response time for routine pickups;

6. Ability to provide emergency collection within forty-eight (48) hours;

7. Transportation methods and equipment;

8. Procedures for container exchange or servicing;

9. Contingency plans for equipment failure, processing interruptions, or increased tire volumes; and

10. County labor, equipment, or other resources required to support the proposed approach.

Offerors should specifically identify opportunities for the proposed approach to reduce County handling, labor, equipment usage, hauling, grinding, or other operational requirements.

3. Recycling, Processing, and Beneficial Reuse Approach

Describe in detail how tires collected under the contract will be processed and ultimately used or disposed of.

At a minimum, identify:

1. Processing method(s);

2. Processing facility or facilities;

3. Location of each facility;

4. Whether facilities are owned by the Offeror or operated by third parties;

5. Anticipated end products or end uses;

6. End markets, when known;

7. Estimated percentage of material recycled or beneficially reused;

8. Estimated percentage ultimately disposed of in a landfill, if any;

9. Management of processing residuals; and

10. Methods used to verify and document final disposition.

Offerors may identify additional environmental benefits associated with their proposed approach.

4. Qualifications and Experience

Provide information demonstrating the Offeror's ability to successfully perform the services, including:

1. Number of years providing waste-tire collection, transportation, processing, or recycling services;

2. Experience with municipal, county, or other governmental tire programs;

3. Experience managing volumes comparable to the County's estimated 225 to 250 tons annually;

4. Identification and qualifications of key personnel;

5. Description of available collection and transportation equipment;

6. Description of processing facilities and capabilities;

7. Identification of subcontractors or third-party processors proposed for use;

8. Required licenses, permits, registrations, and regulatory approvals; and

9. Any regulatory violations, enforcement actions, permit suspensions, or material compliance issues during the past five (5) years related to the services proposed.

5. References and Past Performance

Provide at least three (3) references for customers for whom the Offeror has provided similar services, preferably governmental entities or customers generating comparable quantities of used tires.

Provide the organization name, contact person, telephone number, email address, description of services, approximate annual volume, and contract period.

The County reserves the right to consider its own experience with an Offeror and to contact references other than those provided.

6. Reporting and Documentation

Provide sample reports or describe the reporting system proposed for the contract.

Explain how the Offeror will track material from County collection through processing and final disposition and how the County will be able to verify:

• Quantity collected;

• Quantity recycled or beneficially reused;

• End use or end market;

• Disposal of residual material; and

• Overall landfill-diversion performance.

7. Cost Proposal

Complete the Cost Proposal Form in its entirety.

Offerors shall disclose all charges, fees, credits, rebates, revenue-sharing arrangements, or other financial components necessary to evaluate the total cost or financial benefit of the proposal.

8. Required Forms.

All forms in Section Six should be returned. References on required forms can be the same ones included in subsection "References & Past Project Performance" above.

2.2. Evaluation Process and Criteria

A. Selection Committee

The Selection Committee shall be comprised of staff from Dorchester County and Dorchester County

Emergency Management and facilitated by the Purchasing Services Manager. The Committee shall determine the firms which meet the minimum requirements pursuant to the selection criteria of the RFP and procedures. The Committee may negotiate with one or more firms during the same period and may, at its discretion, terminate negotiations with any or all firms. The Committee shall make a recommendation regarding the award to the County Administrator.

B. Proposal Selection Criteria

The Selection Committee shall assign up to the maximum number of points as stated in this section for each evaluation item to each of the proposing firms. All assignments of points shall be at the sole discretion of the Committee. All instructions contained in this RFP shall be met in order to qualify as a responsive and responsible firm and participate in the consideration for award. Offerors who do not meet or comply with the instructions of this RFP may be considered non-conforming and deemed non-responsive and subject to disqualification at the sole discretion of the Committee.

The selection of the firm(s) will be made in accordance with the Dorchester County Procurement

Ordinance. Proposals will not be accepted from any firm, company, individual, person or party, parent, or subsidiary, against which the County has an outstanding claim, or a financial dispute relating to a prior contractual performance with the County. Proposals may be withdrawn by offeror prior to, but not after, the time set for the opening. Upon receipt by the County, the Proposal shall become the property of the County, without compensation to the offeror, for disposition or usage by the County at its discretion. The County shall have the sole discretion in evaluating both the proposal and the qualifications of the offerors. The County reserves the right to reject any and all proposals and is not bound to accept any proposals, if the acceptance is contrary to the best interest of the County. The

County reserves the right to waive or modify any information, irregularity, or inconsistency in proposals received or request modification to proposals from any or all offerors during the review. The Proposal

Review Committee may contact any customer of the vendor, whether or not included in the vendor’s reference list, and use such information in the evaluation process. All proposals shall be evaluated using the same criteria and scoring process.

Each criterion will be rated on a scale of 0-5 according to the table below:

Scale Description

0 Unacceptable. The proposal fails to address the criterion or cannot be assessed as a result of missing or incomplete information.

1 Poor. The criterion is inadequately addressed, or there are serious weaknesses.

2 Fair. The proposal broadly addresses the criterion, but there are significant weaknesses.

3 Good. The proposal addresses the criterion well, but a number of shortcomings are present.

4 Very Good. The proposal addresses the criterion very well, but a small number of shortcomings are present.

5 Excellent. The proposal successfully addresses all relevant aspects of the criterion. Any shortcomings are minor.

The following criteria shall be used by the Committee to evaluate Qualification Statements:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cost / Financial Benefit to the

County

The County will calculate each

Offeror's Evaluated Annual Cost using the estimated quantities established in the Cost Proposal: 250 tons of used tires, twelve (12) routine pickups, and twelve (12) months of storage equipment.

The Cost score will be calculated by the Purchasing Services Division and will not be independently assigned by individual Evaluation

Committee members.

A. When All Evaluated Annual

Costs Are Greater Than $0

If all Evaluated Annual Costs represent a net cost to the County greater than $0, the Offeror with the lowest Evaluated Annual Cost will receive a score of 5.00. Scores for all other Offerors will be calculated proportionately as follows:

Lowest Evaluated Annual Cost ÷

Offeror's Evaluated Annual Cost ×

5 = Cost Score

B. When One or More Evaluated

Annual Costs Are $0 or Less

If one or more proposals result in a no-cost service or net revenue/credit to the County, the standard cost-ratio formula cannot reasonably be applied.

In such event, the County will normalize the Evaluated Annual Costs as follows:

1 + [4 × (Highest Evaluated

Annual Cost − Offeror's Evaluated

Annual Cost) ÷ (Highest Evaluated

Annual Cost − Lowest Evaluated

Annual Cost)] = Cost Score

For purposes of this calculation, guaranteed payments, credits, rebates, 0-5 Points 35

(35% of Total) or revenue to the County will be expressed as negative costs.

Under this method, the Offeror providing the most favorable

Evaluated Annual Cost will receive a score of 5.00. If all responsive

Offerors have the same Evaluated

Annual Cost, each will receive a score of 5.00.

Cost scores will be calculated to two decimal places.

Demonstration: Completed Cost

Proposal Form and all proposed charges, rates, credits, rebates, payments, revenue-sharing arrangements, and other financial components required to determine the Offeror's Evaluated Annual Cost.

2. Collection and Service Approach

The County will evaluate the practicality, reliability, and efficiency of the proposed collection and transportation approach, including storage equipment, anticipated collection frequency, routine and emergency response capabilities, transportation resources, contingency planning, and the extent of County labor and equipment required.

Greater consideration may be given to approaches that reliably accommodate the County's volume while minimizing County handling, equipment usage, and administrative burden.

Demonstration:

Collection and Service Approach, proposed equipment specifications, response times, operational plan, contingency procedures, and identification of County resources required.

0-5 Points 20

(20% of Total)

3. Recycling / Beneficial Reuse and

Landfill Diversion

The County will evaluate the

Offeror's proposed processing and disposition methods, anticipated recycling or beneficial-use rate, demonstrated end markets, transparency of material disposition, and extent to which the proposed approach reduces reliance on landfill disposal and preserves landfill capacity.

The County does not require a particular recycling technology or end use. Proposals will be evaluated based upon the demonstrated environmental benefit, feasibility, sustainability, and verifiability of the proposed approach.

Demonstration:

Description of processing methods, facilities, end uses/end markets, anticipated diversion rate, disposition of residuals, and documentation supporting the proposed recycling or beneficial-use approach.

0-5 Points 20

(20% of Total)

4. Qualifications, Experience, and

Past Performance

The County will evaluate the

Offeror's experience, resources, technical capability, history of providing comparable services, governmental experience, processing capacity, references, and past performance.

Compliance with required licensing, permitting, and regulatory requirements is a minimum requirement and does not, by itself, warrant a higher evaluation score.

Demonstration:

Qualifications and Experience section, references, identification of key personnel and facilities, comparable projects/contracts, equipment and processing capabilities, and regulatory history.

0-5 Points 15

(15% of Total)

5. Reporting, Tracking, and

Documentation

The County will evaluate the

Offeror's ability to accurately track quantities collected, processing and disposition, recycling and beneficial-use rates, end markets, and landfill diversion.

Demonstration:

Description of reporting procedures, sample reports, weight-ticket or manifest procedures, final-disposition documentation, and other proposed methods for verifying program performance.

0-5 Points 10

(10% of Total)

2.3. General Award and Criteria Information

A. To be initially selected, the Proposal(s) must be considered responsive by the Purchasing Services

Manager. Failure to submit all required information may be grounds the designation of the proposal as nonresponsive, unless waived by the Purchasing Services Manager.

B. After the conditions outlined above are met, Proposer(s) will be scored based on the quality of the response to this RFP.

C. Vendors are encouraged to review the Evaluation Criteria to see how proposals will be scored and verify that the response has sufficient documentation to support each criterion identified.

D. The County will select the offer that represents the best value to the County based on a comparative analysis and an integrated assessment of proposals against all source selection criteria in the solicitation.

E. Dorchester County reserves full discretion to determine the competence and responsibility, professionally and/or financially, of vendors. Vendors are to provide in a timely manner any and all information that the

County may deem necessary to make a decision.

F. Any and all exceptions taken by the Proposer must be listed and prominently displayed in proposal materials.

G. The County reserves the right to request Proposer(s) to appear for an additional presentation followed by a question-and-answer period, in order to further evaluate qualifications. The additional presentations, if any, will be scored and combined with prior scoring to determine the successful Proposer. The County is not obligated to accept the lowest cost proposal. The County may also award to Consultant other than the highest ranked proposer if the price submitted by that proposer is more than the budget available for the project. If made, the award will go to the Proposer providing the most responsive, responsible proposal that provides the best overall value and service to the County.

H. The Purchasing Services Division may contact any vendor in order to clarify uncertainties or eliminate confusion concerning contents of a proposal.

I. The Evaluation Team may contact any customer of the vendor, whether or not included in the vendor’s reference list, and use such information in the evaluation process.

3. SECTION THREE: SPECIAL INSTRUCTIONS AND SOLICITATION-

SPECIFIC TERMS

3.1. Written Questions Deadline

The last day and time for submittal of written questions shall be no later than Tuesday, September 15, 2026 at 8:00 am.

3.2. Proposal Submittal Process

Proposals must be submitted electronically through the OpenGov Procurement Portal. County Proposals may be found by visiting the following link:

https://procurement.opengov.com/portal/dorchestercountysc

3.3. Proposal Submittal Deadline

Proposals will be received until Thursday, September 24, 2026 at 2:00 pm, after which time they will be evaluated. Late proposals will not be accepted.

3.4. Term of Agreement

The term of the contract will be One (1) Year with the option to renew for up to Four (4) additional one-year terms.

3.5. Payment to Contractor

Payment shall be due within thirty (30) days of approved invoices.

3.6. Shipping

Shipping terms shall be F.O.B. Destination.

3.7. Permits and Licenses

The successful Respondent shall, without additional expense to the County, be responsible for obtaining and maintaining all necessary licenses and permits required by the State of South Carolina, a municipality or the County or any other authority having jurisdiction.

3.8. Additional Information and Inquiries

Questions or clarifications concerning this invitation should be posted to the solicitation on the OpenGov

Procurement Portal or directed by email only to RDantzler@DorchesterCountySC.gov. Contact with other County personnel during the proposal process may result in a determination of non-responsiveness for any proposal submitted by your firm.

4. SECTION FOUR: TERMS AND CONDITIONS

4.1. Preparation, Submission and Withdrawal of Proposals

A. Proposals must be submitted electronically through the County’s OpenGov Procurement Portal. No other method of submission is authorized.

https://procurement.opengov.com/portal/dorchestercountysc mailto:RDantzler@DorchesterCountySC.gov

B. Proposals shall not be submitted by email, fax, hand delivery, mail, courier, or any other means. Any such proposal will be considered an unauthorized and non-responsive submission and will not be opened, accepted, or considered.

C. Dorchester County is not responsible for proposals not received due to technical issues, user error, connectivity problems, or failure to complete the submission process in OpenGov prior to the deadline.

D. Proposals submitted after the due date and time are considered late proposals and will not be opened or considered.

E. Proposals may be withdrawn by the Proposer prior to the time set for opening of proposals, but not thereafter.

F. Proposers shall promptly notify the Dorchester County Purchasing Office, in writing, and no later than the last date and time for the submittal of written questions, of any ambiguity, inconsistency or error which they may discover upon examination of the RFP documents or the project premises and local conditions.

G. Proposers requiring clarification or interpretation of the RFP documents shall make a written request which must be received at the Dorchester County Purchasing Office no later than the last date and time for submittal of written questions.

H. Any interpretation, correction or change of the RFP documents will be made by addendum. It is your responsibility to monitor the Purchasing Services website by selecting Procurement Portal at www.dorchestercountysc.gov/purchasing for any additional information, revisions, or addenda that may be posted.

4.2. Non-Collusion Certification Requirements

A. Each bid submitted in response to this solicitation shall include an electronic non-collusion certification.

By submitting a bid, the Bidder affirms that its response is genuine and not collusive or sham and that the Bidder has not colluded, conspired, or agreed with any other bidder or person to fix prices, restrict competition, or otherwise undermine the competitive procurement process.The electronic submission of a bid constitutes the Bidder’s legally binding certification and execution of this requirement, and no notarized affidavit is required.

4.3. Proposer Representations

A. Each Proposer by submitting a proposal represents that:

1. The Proposer has read and understands this RFP (including all specifications and attachments) and that their proposal is made in accordance therewith.

2. The Proposer has reviewed the RFP, has become familiar with the local conditions under which the

Work is to be performed, and has correlated personal observations with the requirements of the proposed Contract Documents.

3. The proposal is based on the terms, services, materials, systems, and equipment required by this RFP, without exception.

http://www.dorchestercountysc.gov/purchasing

4. The Proposer is qualified to provide the services and equipment required under this RFP and, if awarded the Contract, will do so in a professional, timely manner using Proposer's best skill and attention.

4.4. Award of Contract

A. Award of Contract will be made to the responsive and responsible proposer(s) whose proposal, conforming to the RFP, is most advantageous to the County, price and other factors considered. The

County reserves the right to make multiple awards based on the capacity of each Proposer.

B. The County reserves the right to 1) reject any or all proposals and any part of a proposal; 2) waive informalities, technical defects, and minor irregularities in proposals received; and 3) award the proposal(s) received on the basis of individual items or services or groups of items or services or the entire list of items or services.

C. The County shall be the sole judge of the suitability of the items or services to be provided pursuant to this RFP.

D. The County reserves the right to request the contractor/vendor’s latest financial statements and other such additional information as may be reasonably necessary to determine whether the contractor/vendor should be awarded the contract.

E. For debriefings, protests and appeals after the award of a contract, contractors are advised to consult the

Procurement Policy Manual located on the Dorchester County website at:

www.dorchestercountysc.gov/purchasing.

4.5. Notice of Award of Contract

A. The successful Proposer will be notified of acceptance of proposal by a written Letter of Intent to Award the contract. The successful Proposer shall not undertake any work, and the County will not be responsible for payment for any work whatsoever undertaken by successful Proposer prior to execution of the contract by both parties.

B. The successful Proposer shall be required to submit acceptable Insurance Certificate(s) and

Endorsement(s) within Five (5) Business Days after the issuance of the Notice of Award.

4.6. Contract Document

A. The successful Proposer shall be required to execute a formal contract within Ten (10) business days after issuance of a Letter of Intent to Award.

B. Said Contract shall be virtually identical in substance and form to the Sample Contract contained herein.

The only anticipated changes will be to include additional exhibits, to fill in the blanks to identify the successful Proposer, and terms relating to compensation, or to revise the contract to accommodate corrections, changes in the scope of work, or changes pursuant to addenda issued prior to the proposal opening.

C. Because the signed contract will be substantively and substantially derived from the Sample Contract, Proposer is urged to seek independent legal counsel as to any questions about the terms, conditions or https://www.dorchestercountysc.gov/purchasing provisions contained in the Sample Contract, before submitting a proposal. Again, the Sample Contract, contains important legal provisions and is considered part and parcel of this RFP.

D. Proposers should raise any questions regarding the terms of the Contract, or submit requested changes in said terms, in the form of written questions or submittals, subject to the deadline for questions and should include on their Exceptions form.

E. Failure or refusal to sign aforesaid Contract shall be grounds for the County to revoke any Letter of Intent to Award which has been issued, for the proposer to forfeit their proposal security, and for the County to award the Contract to another Proposer.

4.7. Modification

A. The County has defined this section in the Sample Contract.

4.8. Notice to Proceed

A. A Notice to Proceed will be in the form of a purchase order after the successful Proposer has executed the

Contract and has submitted acceptable performance and payment bonds (if applicable) to the County as well as other submittals specified herein as required to be delivered before the Notice to Proceed is issued.

B. The successful Proposer shall not deliver any equipment to the work site or commence work until the successful Proposer has received a written Notice to Proceed from the Purchasing Services Manager or other authorized County representative.

4.9. Proposer's Qualifications

A. Before a proposal is considered for award, the Proposer may be requested by the County to submit a statement providing additional information regarding their previous experience in performing comparable work.

4.10. Subcontractors

A. If any subcontractors will be used for this service, the successful Proposer shall provide to the Purchasing

Services Manager a list of names of any of the intended subcontractors, the subcontractor's applicable license number(s), and a description of the work to be done by each subcontractor on the Subcontractor

Data Report Form included herein.

B. The successful Proposer shall not substitute other subcontractors without the written consent of the

Purchasing Services Manager.

C. The successful Proposer shall be responsible for all services performed by a subcontractor as though they had been performed by the successful Proposer. Responsibilities include, but are not limited to, compliance with any applicable licensing regulations.

D. If at any time the Purchasing Services Manager determines that any subcontractor is incompetent or undesirable, the director shall notify the successful Proposer accordingly, and the successful Proposer shall take immediate steps for cancellation of the subcontract and replacement.

E. Nothing contained in any contract resulting from this RFP shall create any contractual relationship between any subcontractor and the County.

F. It shall be the successful Proposer’s responsibility to ensure that all terms required in the attached Contract are incorporated into all subcontracts.

4.11. Indemnification

A. The County has defined this section in the Sample Contract.

4.12. Termination

A. The County has defined this section in the Sample Contract.

4.13. State and Local Taxes

A. Except as otherwise provided, Contract prices shall include all applicable state and local taxes.

B. The successful Proposer shall calculate that portion of the Contract which is subject to the seven percent

(7%) sales and/or use tax, which amount shall be itemized and shown on all invoices and shall be paid to

South Carolina Department of Revenue (SCDOR) by Contractor. If the successful Proposer is a non-South

Carolina company, the County will withhold said amount from all invoices and remit payment to the

SCDOR, unless the Contractor furnishes County with a valid South Carolina Use Tax Registration

Certificate Number.

C. The successful Proposer shall indemnify and hold harmless the County for any loss, cost, or expense incurred by, levied upon, or billed to the County as a result of the successful Proposer’s failure to pay any tax of any type due by Contractor in connection with this Contract.

D. The successful Proposer shall ensure that the above sections are included in all subcontracts and sub-subcontracts and shall ensure withholding on out of state sub and sub-subcontractors to which withholding is applicable.

4.14. Drug-Free Workplace Act

A. By submitting an offer, Proposer certifies that, if awarded a contract, Proposer will comply with all applicable provisions of the Drug-Free Workplace Act, Section 44-107-10, et seq., South Carolina Code of Laws, 1976, as amended.

4.15. Insurance Requirements

The successful proposer shall procure, maintain, and provide proof of, insurance coverage for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the County by the proposer, his agents, representatives, employees, or subcontractors. Proof of coverage as contained herein shall be submitted prior to the commencement of work and such coverage shall be maintained by the proposer for the duration of the contract period; for occurrence policies.

4.15.1. General Liability

A. Coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Commercial General Liability form including Products/Completed Operations.

Minimum Limits - General Liability:

$1,000,000 General Aggregate Limit

$1,000,000 Products & Completed Operations

$1,000,000 Personal and Advertising Injury

$1,000,000 Each Occurrence Limit

$50,000 Fire Damage Limit

$5,000 Medical Expense Limit

4.15.2. Automobile Liability

A. Coverage sufficient to cover all vehicles owned, used, or hired by the proposer, his agents, representatives, employees or subcontractors.

Minimum Limits - Automobile Liability:

$1,000,000 Combined Single Limit

$1,000,000 Each Occurrence Limit

$5,000 Medical Expense Limit

4.15.3. Workers' Compensation

A. Limits as required by the Workers' Compensation Act of SC. Employers Liability: $1,000,000.

4.15.4. Coverage Provisions

A. All deductibles or self-insured retention shall appear on the certificate(s).

B. The County of Dorchester, its' officers/ officials, employees, agents and volunteers shall be added as

"additional insured" as their interests may appear. This provision does not apply to Professional Liability or Workers' Compensation/Employers' Liability.

C. The offeror's insurance shall be primary over any applicable insurance or self-insurance maintained by the County.

D. Shall provide 30 days written notice to the County before any cancellation, suspension, or void of coverage in whole or part, where such provision is reasonable.

E. All coverage for subcontractors of the proposer shall be subject to all of the requirements stated herein.

F. All deductibles or self-insured retention shall appear on the certificate(s) and shall be subject to approval by the County. At the option of the County, either; the insurer shall reduce or eliminate such deductible or self-insured retention; or the proposer shall be required to procure a bond guaranteeing payment of losses and related claims expenses.

G. Failure to comply with any reporting provisions of the policy(s) shall not affect coverage provided the

County, its officers/officials, agents, employees, and volunteers.

H. The insurer shall agree to waive all rights of subrogation against the County, its' officers/officials, agents, employees or volunteers for any act, omission or condition of premises which the parties may be held liable by reason of negligence.

I. The proposer shall furnish the County certificates of insurance including endorsements affecting coverage. The certificates are to be signed by a person authorized by the insurance company(s) to bind coverage on its' behalf, if executed by a broker, notarized copy of authorization to bind, or certify coverage must be attached.

J. All insurance shall be placed with insurers maintaining an A.M. Best rating of no less than an A:VII. If

A.M. Best rating is less than A:VII, approval must be received from County’s Risk Manager.

4.16. Utilization by Other Public Agencies Clause

A. The use of this solicitation and resulting contract shall be made available to other local governmental agencies and agencies established for the public benefit (“Public Agencies”). The parties agree to allow other governmental agencies to enter into separate agreements with the Contractor under the terms and prices in effect between the County and the Contractor, upon prior approval from Contractor of proposed pricing for other governmental agencies. The parties also agree that any other agency utilizing the terms and prices of this agreement shall not be deemed to be an agent or employee of the County of Dorchester for any purpose whatsoever. The parties further agree that any Public Agency will enter its own separate contract with the Contractor.

B. The County is not otherwise responsible for the Public Agencies’ performance of the Contract between the individual Public Agencies and the Contractor or for any obligation or liability accruing to the Public

Agencies in the performance thereof. The Public Agencies and the Contractor further agree to waive any rights they may have in making the County of Dorchester a party to a dispute between a Public Agency and the Contractor.

C. The County may advertise the resulting contract to other public agencies for their use as described in above on third-party platforms.

4.17. All County Departments Eligible to Purchase

A. This solicitation may be issued by a specific department, but the County shall have the discretion to permit

ALL County departments, divisions, or other business units to purchase the goods or services solicited at the terms, conditions, and pricing as agreed-upon in the contract resulting from the solicitation. Expansion of the contract to include other County departments, divisions, or other business units may be accomplished by purchase order, change order, or amendment, as determined by the Purchasing Services

Manager.

4.18. Confidential Information

A. Proposers must clearly mark as “confidential” each part of their response which they consider to be trade secrets or information of a personal nature that could be exempt from disclosure under the South Carolina

Freedom of Information Act (SCFOIA) as set forth in Chapter 4, Title 30, of the South Carolina Code of

Laws, 1976, as amended. The County reserves the right, in its sole discretion, to determine whether this information should be exempt from disclosure and no legal action may be brought against the County or its agents for its determination in this regard. Upon receipt of a proposal package by the County the submittal shall become the property of the County without compensation to the proposer, for disposition or usage by the County at its discretion. The details of the proposal documents will remain confidential until final award, except for sections that are marked “confidential” as explained above and except as required by law.

4.19. Intellectual Property

A. Any information, data, instruments, documents, studies, reports, or deliverables given to, exposed to, or prepared or assembled by the proposer shall be kept as confidential information of the County and not divulged or made available to any individual or organization except as required by law. Such information, data, instruments, documents, studies, reports, or deliverables will be the sole property of the County and not the proposer.

B. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks, and trade secrets invented, developed, created, or discovered in performance of this contract shall be property of the County.

5. SECTION FIVE: SAMPLE CONTRACT

5.1. Sample Agreement

STATE OF SOUTH CAROLINA

COUNTY OF DORCHESTER

THIS CONTRACT (hereinafter the “Contract”) entered into this day of XXXXX 2026, between the

COUNTY OF DORCHESTER, South Carolina, a public body corporate and politic and political subdivision of the State of South Carolina, (hereinafter the "County") and (NAME OF

COMPANY/INDIVIDUAL), a (State Name) Sole Proprietorship/Partnership/Corporation, Limited

Liability Corporation (choose one), the address of which is Street, City, State, Zip (hereinafter the

"Contractor"), (“Party” as to each; collectively the “Parties”).

W I T N E S S E T H:

WHEREAS, the County wishes to contract for [Description of Services], as described in Solicitation

No. [####] (“Work” and/or “Services”); and

WHEREAS, the Contractor has represented to the County that its staff is qualified to provide the Work and perform this Contract in a professional and timely manner; and

WHEREAS, the County has relied upon the above representations by the Contractor; and

NOW, THEREFORE, for and in consideration of these promises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, and the above-referenced recitals incorporated into this Contract herein by reference, the Parties hereto hereby agree as follows:

SECTION ONE

Contract Documents

The Parties agree that the Contract Documents shall include the following, which are incorporated herein by reference:

Exhibit A: Solicitation No. [###]

Exhibit B: Contractor’s Insurance Certificate(s) and Endorsement(s)

Exhibit C: Contractor's submission dated [dddd]

Exhibit D: Contractor’s Cost Proposal and Preliminary Schedule dated [dddd]

Exhibit E: Required Forms appended to this contract

In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract, the following shall control:

a. As between the Contract and the Contract Documents or any other documents which make up this

Contract, this Contract shall govern.

b. In the event of any conflict, discrepancy, or inconsistency among any of the other Contract Documents, the Contractor shall diligently review all such documents and notify the County immediately upon discovery of same for resolution by the County.

c. Any documents not included or expressly contemplated in this Contract do not, and shall not, form a part of this Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed a requirement in all documents.

In order to induce the County to execute this Contract and recognizing that the County is relying thereon, the Contractor, by executing this Contract, makes the following express representations to the County:

The Contractor is fully qualified to perform the Work and has, and shall maintain, any and all licenses, permits, registrations, or other authorizations necessary to perform the Work.

The Contractor has become familiar with the Work Site(s) and the general and local conditions under which the Work is to be performed.

The Contractor has received, reviewed, and examined all documents which make up this Contract and has found them, to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated, and sufficient.

SECTION TWO

Scope of Work

The Contractor agrees to perform and furnish all labor, supervision, materials, equipment, transportation and supplies necessary for the completion of the Work required under this Contract in a professional manner, in accordance with the customarily accepted professional standard of care and all applicable…