2018 Janitorial Bid NR

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State of South Carolina

Invitation For Bid

Solicitation Number:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

JP-42018

04/18/2018

Carol Mack

(843)525-8250

cmack@tcl.edu

DESCRIPTION: Janitorial & Porter Services for Bluffton Campus

USING GOVERNMENTAL UNIT: Technical College of the Lowcountry

The Term "Offer" Means Your "Bid" or "Proposal". Unless submitted on-line, your offer must be submitted in a sealed

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

SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:

MAILING ADDRESS:

Technical College of the Lowcountry

PO Box 1288

Beaufort, SC 29901

PHYSICAL ADDRESS:

Technical College of the Lowcountry

921 Ribaut Rd.

Beaufort, SC 29902

SUBMIT OFFER BY (Opening Date/Time): 05/21/2018 10:00 AM (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: 05/14/2018 01:00 AM (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: 1 Original and 1 Copy

CONFERENCE TYPE: Pre-Bid & Site Visit

DATE & TIME: May 08, 2018, 10:00 AM

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

LOCATION: TCL

100 Community College Dr.

Bluffton, SC 29909

AWARD &

AMENDMENTS

Award will be posted on 05/28/2018 on TCL’s website, www.tcl.edu.

Unless submitted on-line, you must submit a signed copy of this form with Your Offer. By submitting a bid or proposal,

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" and "Electronic Signature" provisions.)

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.)

TAXPAYER IDENTIFICATION NO.

(See "Taxpayer Identification Number" provision)

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)

DATE SIGNED

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 (NOV. 2007)

SAP

SAP PAGE TWO

(Return Page Two with Your Offer)

HOME OFFICE ADDRESS: (Address for offeror's home office /

principal place of business)

NOTICE ADDRESS: (Address to which all procurement and

contract related notices should be sent.) (See "Notice" clause)

_________________________________________________

Area Code - Number - Extension Facsimile

E-mail Address

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

(See "Payment" clause)

____Payment Address same as Home Office Address

____Payment Address same as Notice Address (check only one)

ORDER ADDRESS: (Address to which purchase orders will be sent)

(See "Purchase Orders and "Contract Documents" clauses)

____Order Address same as Home Office Address

____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

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

Amendment No.

Amendment Issue

Date

Amendment No.

Amendment Issue

Date

Amendment No.

Amendment Issue

Date

Amendment No.

Amendment Issue

Date

DISCOUNT FOR

PROMPT PAYMENT

(See "Discount for Prompt

Payment" clause)

10 Calendar Days (%)

20 Calendar Days (%)

30 Calendar Days (%)

_____Calendar Days (%)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly

rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors

selling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A

summary of the new preferences is available at www.procurement.sc.gov/preferences ALL THE PREFERENCES

MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY

ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE

CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU

REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE

PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE SERIOUS

CONSEQUENCES. [11-35-1524(E)(4)&(6)]

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for

your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor

Preference (11-35-1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you

must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you

are claiming the Resident Subcontractor Preference (11-35-1524(D)).

____In-State Office Address same as Home Office Address

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

PAGE TWO (SEP 2009)

End of PAGE TWO

Solicitation Outline

I. Scope of Solicitation

II. Instructions to Offerors

A. General Instructions

B. Special Instructions

III. Scope of Work / Specifications

IV. Information for Offerors to Submit

V. Qualifications

VI. Award Criteria

VII. Terms and Conditions

A. General

B. Special

VIII. Bidding Schedule / Cost Proposal

IX. Attachments to Solicitation

I. SCOPE OF SOLICITATION

ACQUIRE SERVICES (January 2006): The purpose of this solicitation is to acquire services complying

with the enclosed description and/or specifications and conditions

MAXIMUM CONTRACT PERIOD -– ESTIMATED (January 2006): June 1, 2018 through June 30,

2019 with options to renew for two (2) additional years. 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".

It is the intent of the Technical College of the Lowcountry to solicit bids for Janitorial and Porter Services

at the Bluffton Campus, in accordance with all requirements stated herein.

II. INSTRUCTIONS TO OFFERORS – A. GENERAL INSTRUCTIONS

DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015): Clause headings used in this

solicitation are for convenience only and shall not be used to construe meaning or intent. Even if not

capitalized, the following definitions are applicable to all parts of the solicitation, unless expressly

provided otherwise.

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

AUTHORITY – means the State Fiscal Accountability Authority.

BUSINESS – means any corporation, partnership, individual, sole proprietorship, joint stock company,

joint venture, or any other legal entity.

BUYER – means the Procurement Officer.

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.

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 changes clause of the contract authorizes the Procurement

Officer to order without the consent of the contractor.

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.

DPS – means Division of Procurement Services.

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.”

ORDERING ENTITY - Using Governmental Unit that has submitted a Purchase Order.

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 the Cover Page.

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 having a contract to perform work or render service to

Contractor as a part of the Contractor’s agreement arising from this solicitation.

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

Page. If the Cover Page names a “Statewide Term Contract” as the Using Governmental Unit, the

Solicitation seeks to establish a Term Contract [11-35-310(35)] open for use by all South Carolina Public

Procurement Units [11-35-4610(5)].

WORK - means all labor, materials, equipment and services provided or to be provided by the

Contractor to fulfill the Contractor’s obligations under the Contract.

AMENDMENTS TO SOLICITATION (JAN 2006) (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.

AUTHOROZED 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 governmental official authorized to bind the government with regard to this procurement or

the resulting contract. [02-2A007-1]

AWARD NOTIFICATION (NOV 2007)

Notice regarding any award or cancellation of award will be posted at the location specified on the

Cover Page. If the contract resulting from this Solicitation has a total or potential value of fifty

thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation. Should

the contract resulting from this Solicitation have a total or potential value of one hundred thousand

dollars or more, such notice will be sent to all Offerors responding to the Solicitation and any award

will not be effective until the eleventh day after such notice is given. [02-2A010-1]

BID / PROPOSAL AS OFFER TO CONTRACT (JAN 2006) 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.

BID ACCEPTANCE PERIOD (JAN 2006) In order to withdraw Your Offer after the minimum period

specified on the Cover Page, you must notify the Procurement Officer in writing.

BID IN ENGLISH & DOLLARS (JAN 2006) Offers submitted in response to this solicitation shall be

in the English language and in US dollars, unless otherwise permitted by the Solicitation.

BOARD AS PROCUREMENT AGENT (JAN 2006)

(a) Authorized Agent. All authority regarding the conduct of 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. (b)

Purchasing Liability. The Procurement Officer is an employee of the Board 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

Board is not a party to such contracts, unless and to the extent that the board 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.

[02-2A030-1]

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)

GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS

CERTIFICATION MAY RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION

16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS AND OTHER APPLICABLE LAWS.

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

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting

competition, any consultation, communication, or agreement with any other offeror or competitor

relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

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

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly

or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid

solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by

law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or

not to submit an offer for the purpose of restricting competition.

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

(1) Is the person in the offeror's organization responsible for determining the prices being offered in

this bid or proposal, and that the signatory has not participated and will not participate in any action

contrary to paragraphs (a)(1) through (a)(3) of this certification; or

(2)(i) Has been authorized, in writing, to act as agent for the offeror's principals in certifying that those

principals have not participated, and will not participate in any action contrary to paragraphs (a)(1)

through (a)(3) of this certification [As used in this subdivision (b)(2)(i), the term "principals" means

the person(s) in the offeror's organization responsible for determining the prices offered in this bid or

proposal];

(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this

certification have not participated, and will not participate, in any action contrary to paragraphs (a)(1)

through (a)(3) of this certification; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to

paragraphs (a)(1) through (a)(3) of this certification.

its offer a signed statement setting forth in detail the circumstances of the disclosure. [02-2A032-1]

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY

MATTERS (JAN 2004)

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

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

(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the

award of contracts by any state or federal agency;

(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment

rendered against them for: commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation

of Federal or state antitrust statutes relating to the submission of offers; or commission of

embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,

tax evasion, or receiving stolen property; and

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.

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]

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS

(JAN 2006)

(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

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.

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 non-responsible.

(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.

CODE OF LAWS AVAILABLE (JAN 2006): The South Carolina Code of Laws, including the

Consolidated Procurement Code, is available at http://www.scstatehouse.net/code/statmast.htm. The

South Carolina Regulations are available at: http://www.scstatehouse.net/coderegs/statmast.htm.

COMPLETION OF FORMS / CORRECTION OF ERRORS (JAN 2006): All prices and notations

should be printed in ink or typewritten. Errors should be crossed out, corrections entered and initialed

by the person signing the bid. Do not modify the solicitation document itself (including bid schedule).

(Applicable only to offers submitted on paper.)

DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE

(FEB 2015)

You warrant and represent that your offer identifies and explains any unfair competitive advantage you

may have in competing for the proposed contract and any actual or potential conflicts of interest that

may arise from your participation in this competition or your receipt of an award. The two underlying

principles are (a) preventing the existence of conflicting roles that might bias a contractor's judgment,

and (b) preventing an unfair competitive advantage. If you have an unfair competitive advantage or a

conflict of interest, the state may withhold award. Before withholding award on these grounds, an

offeror will be notified of the concerns and provided a reasonable opportunity to respond. Efforts to

avoid or mitigate such concerns, including restrictions on future activities, may be considered.

Without limiting the foregoing, you represent that your offer identifies any services that relate to either

this solicitation or the work that has already been performed by you, a proposed subcontractor, or an

affiliated business of either. [02-2A047-2]

DEADLINE FOR SUBMISSION OF OFFER (JAN 2006): 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 bodies’ mail room which services that purchasing office prior to the bid

opening. [R.19-445.2070(H)]

DRUG FREE WORK PLACE CERTIFICATION (JAN 2006): 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

DUTY TO INQUIRE (JAN 2006) 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. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror

does not bring to the State’s attention.

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 8-13-73-705, 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].

IRAN DIVESTMENT ACT – CERTIFICATION (JAN 2015): (a) The Iran Divestment Act List is

a list published by the Board pursuant to Section 11-57-310 that identifies persons engaged in

investment activities in Iran. Currently, the list is available at the following URL:

http://procurement.sc.gov/PS/PS-iran-divestment.phtm (.) Section 11-57-310 requires the government

to provide a person Ninety days written notice before he is included on the list. The following

representation, which is required by Section 11-57-330(A), is a material inducement for the State to

award a contract to you. (b) By signing your Offer, you certify that, as of the date you sign, you are

not on the then-current version of the Iran Divestment Act List. (c) You must notify the Procurement

Officer immediately if, at any time before posting a final statement of award, you are added to the Iran

Divestment Act List. [02-2A077-1]

OPEN TRADE REPRESENTATION (JUN 2015): By submitting an Offer, Offeror represents that

Offeror is not currently engaged in the boycott of a person or an entity based in or doing business with

a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code Section 11-35-

5300. [02-2A083-1]

PROTESTS (JUNE 2006)

Any prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the

solicitation of a contract shall protest within fifteen days of the date of issuance of the applicable

solicitation document at issue. Any actual bidder, offeror, contractor, or subcontractor who is

aggrieved in connection with the intended award or award of a contract shall protest within ten days of

the date notification of award is posted in accordance with this code. A protest shall be in writing, shall

set forth the grounds of the protest and the relief requested with enough particularity to give notice of

the issues to be decided, and must be received by the appropriate Chief Procurement Officer within the

time provided. See clause entitled "Protest-CPO". [Section 11-35-4210] [02-2A085-1]

PUBLIC OPENING (JAN 2006) Offers will be publicly opened at the date / time and at the location

identified on the Cover Page, or last Amendment, whichever is applicable

QUESTIONS FROM OFFERORS (FEB 2015): Any prospective offeror desiring an explanation or

interpretation of the solicitation, drawings, specifications, etc., must request it in writing. Questions

regarding the original solicitation or any amendment must be received by the Procurement Officer no

later than five (5) days prior to opening unless an earlier date is stated on the Cover Page. Label any

communication regarding your questions with the name of the procurement officer, and the

solicitation's title and number. Oral explanations or instructions will not be binding. [See R. 19-

445.2042(B)] Any information given a prospective offeror concerning a solicitation will be furnished

promptly to all other prospective offerors as an Amendment to the solicitation, if that information is

necessary for submitting offers or if the lack of it would be prejudicial to other prospective offerors.

See clause entitled "Duty to Inquire." We will not identify you in our answer to your question. (b)

The State seeks to permit maximum practicable competition. Offerors are urged to advise the

Procurement Officer -- as soon as possible -- regarding any aspect of this procurement, including any

aspect of the Solicitation that unnecessarily or inappropriately limits full and open competition. [See R.

19-445.2140] [02-2A095-2]

All questions must be submitted in writing and received by the Procurement Officer for this

solicitation no later than 10:00 AM, May 14, 2018. Email is the preferred method for

submitting questions to the procurement officer, Title the “Subject Line” of your email,

“Questions Janitorial/Porter Services”. Questions must be submitted in an easily copied format

such as MS Word. Email: cmack@tcl.edu.

REJECTION/CANCELLATION (JAN 2006) 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.]

RESPONSIVENESS/IMPROPER OFFERS (JUN 2015): (a) Bid as Specified. Offers for supplies

or services other than those specified will not be considered unless authorized by the Solicitation.

(b) Multiple Offers. Offerors may submit more than one Offer, provided that each Offer has

significant differences other than price. Each separate Offer must satisfy all Solicitation requirements.

If this solicitation is an Invitation for Bids, each separate offer must be submitted as a separate

document. If this solicitation is a Request for Proposals, multiple offers may be submitted as one

document, provided that you clearly differentiate between each offer and you submit a separate cost

proposal for each offer, if applicable.

may be rejected as nonresponsive. Offers which impose conditions that modify material requirements

of the Solicitation may be rejected. If a fixed price is required, an Offer will be rejected if the total

possible cost to the State cannot be determined. Offerors will not be given an opportunity to correct

any material nonconformity. Any deficiency resulting from a minor informality may be cured or

waived at the sole discretion of the Procurement Officer. [R.19-445.2070 and Section 11-35-1520(13)]

(d) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing

that it is unreasonable as to price. [R. 19-445.2070].

RESTRICTIONS APPLICABLE TO OFFERORS (JANUARY 2004) Violation of these restrictions

may result in disqualification of your offer, suspension or debarment, and may constitute a violation of

the state Ethics Act. (a) After issuance of the solicitation, you agree not to discuss this procurement

activity in any way with the Using Governmental Unit or its employees, agents or officials. All

communications must be solely with the Procurement Officer. This restriction may be lifted by express

written permission from the Procurement Officer. This restriction expires once a contract has been

formed. (b) Unless otherwise approved in writing by the Procurement Officer, you agree not to give

anything to any Using Governmental Unit

SIGNING YOUR OFFER (JAN 2006) 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.

STATE OFFICE CLOSINGS (JAN 2006) 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: http://www.scemd.org/myscgovweb/weather.html.

SUBMITTING CONFIDENTIAL INFORMATION (FEB 2015): (An overview is available at

www.procurement.sc.gov) For every document Offeror submits in response to or with regard to this

solicitation or request, Offeror must separately mark with the word "CONFIDENTIAL" every page, or

portion thereof, that Offeror contends contains information that is exempt from public disclosure

because it is either (a) a trade secret as defined in Section 30-4-40(a)(1), or (b) privileged and

confidential, as that phrase is used in Section 11-35-410. For every document Offeror submits in

response to or with regard to this solicitation or request, Offeror must separately mark with the words

"TRADE SECRET" every page, or portion thereof, that Offeror contends contains a trade secret as that

term is defined by Section 39-8-20 of the Trade Secrets Act. For every document Offeror submits in

response to or with regard to this solicitation or request, Offeror must separately mark with the word

"PROTECTED" every page, or portion thereof, that Offeror contends is protected by 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. Do not mark your entire response (bid,

proposal, quote, etc.) as confidential, trade secret, or protected. 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. If only portions of a page are subject to some protection, do not mark the

entire page. By submitting a response to this solicitation or request, Offeror (1) agrees to the public

disclosure of every page 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 is conspicuously marked "TRADE SECRET" or "CONFIDENTIAL" or

"PROTECTED", (2) agrees that any information not 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. In determining whether to release documents, the State will detrimentally rely on Offeror's

marking of documents, as required by these bidding instructions, as being either "Confidential" or

"Trade Secret" or "PROTECTED". By submitting a response, Offeror agrees to defend, indemnify and

hold harmless the State of South Carolina, its agencies, officers and employees, from every claim,

demand, loss, expense, cost, damage or injury, including attorney's fees, arising out of or resulting

from withholding information by the State of South Carolina or any of its agencies, that Offeror

marked as "confidential" or "trade secret" or "PROTECTED". (All references to S.C. Code of Laws.)

[02-2A125-2]

SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015): Unless specifically

instructed otherwise in the solicitation, you should submit your offer on Paper. When submitting a

paper offer or modification the following instructions apply: (a) All prices and notations should be

printed in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the

person signing the bid. Do not modify the solicitation document itself (including bid schedule). (b) (1)

All copies of the offer or modification, and any other documents required to be submitted with the

offer shall be enclosed in a sealed, opaque envelope or package. (2) Submit your offer or modification

to the address on the Cover Page. (3) The envelope or package must show the time and date specified

for opening, the solicitation number, and the name and address of the bidder. If the offer or

modification is sent by mail or special delivery service (UPS, Federal Express, etc.), the outermost

envelope or wrapper must be labeled "OFFER ENCLOSED" on the face thereof. (c) If you are

responding to more than one solicitation, submit each offer in a separate envelope or package. (d)

Submit the number of copies indicated on the Cover Page. (e) Facsimile or e-mail offers,

modifications, or withdrawals, will not be considered unless authorized by the Solicitation. [02-2A130-

TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES

(JAN 2008)

Pursuant to Section 12-6-3350, a taxpayer having a contract with this State who subcontracts with a

socially and economically disadvantaged small business is eligible for an income tax credit equal to

four percent of the payments to that subcontractor for work pursuant to the contract. The subcontractor

must be certified as a socially and economically disadvantaged small business as defined in Section

11-35-5010 and regulations pursuant to it. The credit is limited to a maximum of fifty thousand dollars

annually. A taxpayer is eligible to claim the credit for ten consecutive taxable years beginning with the

taxable year in which the first payment is made to the subcontractor that qualifies for the credit. After

the above ten consecutive taxable years, the taxpayer is no longer eligible for the credit. A taxpayer

claiming the credit shall maintain evidence of work performed for the contract by the subcontractor.

The credit may be claimed on Form TC-2, "Minority Business Credit." A copy of the subcontractor’s

certificate from the Governor’s Office of Small and Minority Business (OSMBA) is to be attached to

the contractor’s income tax return. Questions regarding the tax credit and how-to file are to be referred

to: SC Department of Revenue, Research and Review, Phone: (803) 898-5786, Fax: (803) 898-5888.

Questions regarding subcontractor certification are to be referred to: Governor & apo’;s Office of

Small and Minority Business Assistance, Phone: (803) 734-0657, Fax: (803) 734-2498. [02-2A135-1]

TAXPAYER IDENTIFICATION NUMBER (JAN 2006): (a) If Offeror is owned or controlled by a

common parent as defined in paragraph (b) of this provision, Offeror shall submit with its Offer the name

and TIN of common parent.

(b) Definitions: "Common parent," as used in this provision, means that corporate entity that owns or

controls an affiliated group of corporations that files its Federal income tax returns on a consolidated

basis, and of which the offeror is a member. "Taxpayer Identification Number (TIN)," as used in this

provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror

in reporting income tax and other returns. The TIN may be either a Social Security Number or an

Employer Identification Number.

not required. If a TIN is not required, indicate whether (i) Offeror is a nonresident alien, foreign

corporation, or foreign partnership that does not have income effectively connected with the conduct of

a trade or business in the United States and does not have an office or place of business or a fiscal paying

agent in the United States; (ii) Offeror is an agency or instrumentality of a state or local government;

(iii) Offeror is an agency or instrumentality of a foreign government; or (iv) Offeror is an agency or

instrumentality of the Federal Government.

VENDOR REGISTRATION MANDATORY (JAN 2006): You must have a state vendor number to

be eligible to submit an offer. To obtain a state vendor number, visit www.procurement.sc.gov and select

“New Vendor Registration.” (To determine if your business is already registered, go to "Vendor

Search".) Upon registration, you will be assigned a state vendor number. Vendors must keep their vendor

information current. If you are already registered, you can update your information by selecting “Change

Vendor Registration.” (Please note that vendor registration does not substitute for any obligation to

Revenue (803-898-5391 or 803-898-5804).

WITHDRAWAL OR CORRECTION OF OFFER (JAN 2006) Offers may be withdrawn by written

notice received at any time before the exact time set for opening. If the Solicitation authorizes facsimile

offers, offers may be withdrawn via facsimile received at any time before the exact time set for opening.

A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time

set for opening, the identity of the person requesting withdrawal is established and the person signs a

receipt for the bid. The withdrawal and correction of Offers is governed by S.C. Code Section 11-35-

1520 and Regulation 19-445.2085.

II. INSTRUCTIONS TO OFFERORS – B. SPECIAL INSTRUCTIONS (NOV 2007):

CLARIFICATION

Pursuant to Section 11-35-1520(8), the Procurement Officer may elect to communicate with you after

opening for the purpose of clarifying either your offer or the requirements of the solicitation. Such

communications may be conducted only with offerors who have submitted an offer which obviously

conforms in all material aspects to the solicitation. Clarification of an offer must be documented in

writing and included with the offer. Clarifications may not be used to revise an offer or the solicitation.

[Section 11-35-1520(8); R.19-445.2080] [02-2B055-1]

such by the bidder for at least one year before the bid opening and during that year the place has been

staffed for at least fifty weeks by at least two employees for at least thirty-five hours a week each. In

addition, you must, at the time you submit your bid, directly employ, or have a documented

commitment with, individuals domiciled in South Carolina that will perform services expressly

required by the solicitation and your total direct labor cost for those individuals to provide those

services must exceed fifty percent of your total bid price. [11-35-1524(C)(1)(iii)] Upon request by the

procurement officer, you must identify the persons domiciled in South Carolina that will perform the

services involved in the procurement upon which you rely in qualifying for the preference, the services

those individuals are to perform, and documentation of the labor cost for each person identified. If

requested, your failure to provide this information promptly will be grounds to deny the preference

(and, potentially, for other enforcement action). [02-2B113A-1]

CONFERENCE –PRE-BID/PROPOSAL (JANUARY 2006): A pre-bid conference will be held on

the Bluffton Campus, 100 Community College Drive, on May 8, 2018 at 10:00 AM. Attendance will

be evidenced by your representative’s signature on the attendance roster.

Due to the importance of all offerors having a clear understanding of the specifications and requirements

of this solicitation, a conference of potential offerors will be held on the date specified on the cover page.

Bring a copy of the solicitation with you. Any changes resulting from this conference will be noted in a

written amendment to the solicitation. Your failure to attend will not relieve the Contractor from

responsibility for estimating properly the difficulty and cost of successfully performing the work, or for

proceeding to successfully perform the work without additional expense to the State. The State assumes

no responsibility for any conclusions or interpretations made by the Contractor based on the information

made available at the conference. Nor does the State assume responsibility for any understanding reached

or representation made concerning conditions which can affect the work by any of its officers or agents

before the execution of this contract, unless that understanding or representation is expressly stated in

this contract.

DISCUSSIONS WITH BIDDERS (JAN 2006) After opening, the Procurement Officer may, in his

sole discretion, initiate discussions with you to discuss your bid. Discussions are possible only if your

bid is apparently responsive and only for the purpose of clarification to assure your full understanding

of the solicitation's requirements. Any discussions will be documented in writing and shall be included

with the bid.

MAIL PICKUP (JANUARY 2006): The Technical College of the Lowcountry picks up all mail from

The US Postal Service once daily around 2:30 PM (excluding weekends and holidays). See provision

entitled Deadline for Submission of Offer.

PROTEST - CPO - MMO ADDRESS (JUNE 2006)

Any protest must be addressed to the Chief Procurement Officer, Materials Management Office, and

submitted in writing

(a) by email to protest-mmo@mmo.state.sc.us

(b) by facsimile at 803-737-0639, or

III. SCOPE OF WORK / SPECIFICATIONS

The Technical College of the Lowcountry (TCL) is seeking bids for detailed, five times a week,

janitorial service and porter service for the Bluffton Campus. The campus is located at 100

Community College Drive in Bluffton, SC and is approximately 32,000 sq. ft. The building is two

stories and consists of classrooms, offices, student lounge, rest rooms, kitchen and Conference room.

The building is open six days a week and is heavily used by the public. Janitorial access shall be

between outside the normal business hours of 8 AM and 9 PM. In addition to the normal cleaning

duties, the Contractor may be asked to clean before a special event at the College. Contractor must be

able to respond within twenty-four (24) hours notice. The Contractor will be responsible for cleaning

the entire building excluding the mechanical and electrical rooms and any other areas designated by

the College. The Contractor will furnish all necessary labor, supervision, materials, equipment and

supplies to satisfactorily perform janitorial services. The ultimate responsibility of the Contractor is to

provide a facility that is uniformly clean, hygienic, orderly and attractive.

Porter hours for the College will be from 9 AM to 2 PM five days a week.

Contract term is for one year, June 1, 2018 – June 30, 2019, with option to renew for two additional

years. Contractor will be notified of College closings. No cleaning will be needed during TCL

holiday break in December.

Specification Details:

Daily cleaning schedule for Lobby area, offices, conference room, kitchen and break room,

student lounge, classrooms, restrooms and hallways:

1. Vacuum all carpeted areas. Care shall be taken not to bump, dent, scratch, or in any other way,

damage office furniture when vacuuming. The Contractor shall be responsible for repairing

damaged furniture caused by careless use of cleaning equipment.

2. Spot clean carpets as needed to remove liquid spills such as coffee, tea, soft drinks, water, mud,

grease, tar, etc.

3. Sweep all edges, under desks, trash containers, chairs, etc.

4. Mop all hallways, main lobby, stairways, and floor areas. Mop along edges, baseboards,

behind doors, under desks, tables, chairs, trash containers, etc. to remove spills, dust, dirt, and

water marks. Contractor shall verify that all floor products applied to non-carpeted floors

provide adequate protection against slippery floors. Any observed instances of slippery or slick

floors shall be corrected immediately upon discovery.

5. Dust all fixtures, picture frames, file cabinets, venetian blinds with treated dust cloth. Take

care not to move or disturb paper work or cause any breakage of loose items. The Contractor is

responsible for items broken while cleaning.

6. Glass tops on desks and tables shall be cleaned with glass cleaner and thoroughly wiped of

finger prints and smudges. Clean all classroom desk surfaces with an all-purpose cleaner.

7. Clean all horizontal and vertical surfaces of furniture, partitions, dividers, and file cabinets of

fingerprints, smudges, etc.

8. Sanitize, clean, dust, and polish as appropriate: (a) Exit/Entrance/Passage Doors. All wood

doors shall be dusted and polished. No solvents shall be used to clean wooden doors. (b) Door

Frames; (c) Door handles and knobs; (d) Thresholds and window sills; (e) Wall surfaces (tile,

metal, or vinyl); (f) Electrical wall and switch plates; (g) Baseboards and trim.

9. All drinking fountains shall be sanitized, cleaned, polished, and dry buffed. Stainless steel shall

be cleaned by stainless steel cleaner.

10. Remove trash from floors and put into dumpster. No boxes or shipping cartons shall be

removed or assumed to be trash unless properly marked as such.

11. Clean glass in all entry and exit and interior doors of finger prints, grease, grime and smudges.

12. In Bathrooms, clean and sanitize all towel dispensers, soap dispensers, safety grab bars, toilets,

toilet seats, urinals, sinks, faucets, counter tops and accessories with non-scratch disinfectant

cleaner and wipe dry. Toilet seats are to remain in the upright position upon completion of

cleaning. Spot clean all partitions and doors.

13. Mop and sanitize all bathroom floors. Wipe down and sanitize bathroom walls.

14. Clean the legs on chairs and other furniture with all-purpose cleaner.

15. Room 220 Nursing Lab – Disinfect and clean counter tops, desks, and sinks, top of cabinets,

dust the frame, head and foot boards of beds, dust the wall light fixtures. Room 222 Nursing

Lab Storage – dust top of cabinets. Room 218 Biology Lab – Disinfect and clean counter tops

and sinks, clean top of cabinets. Classrooms – Disinfect desktops in classrooms.

16. Clean and vacuum stairwells and wipe/disinfect hand rails.

17. Empty all outside refuse and cigarette receptacles and clean up any cigarette butts.

18. Sweep all sidewalks that lead to any building entrance from the entrance door to twenty feet

out.

19. Clean sidewalks and parking lots of trash debris (not to include normal yard debris such as

leaves, pine straw, limbs, etc.).

Contractor will furnish all supplies, materials, and equipment necessary for the proper performance of

the janitorial service. Supplies and materials include but are not limited to brooms, brushes, dust

cloths, wet and dry mops, sponges, squeegees, porcelain ware cleaner, liquid and powder detergents,

disinfectants, glass cleaner, floor polishes, waxes, stripper, metal and furniture polish, and any other

compounds necessary to properly maintain the premises. The contractor shall not use any material or

supplies which the Director of Facility Management determines would be unsuitable for the purpose,

or offensive or harmful to any part of the facility, its contents, equipment, employees, or patrons.

Contractor will provide Material Safety Data Sheets (MSDS) for all chemicals used in the building.

Contractor will provide all necessary cleaning equipment including but not limited to, buffing

machines, industrial type vacuum cleaners, carpet extractors, etc., needed for the performance of the

work of this contract.

The Technical College of the Lowcountry shall provide paper towels, toilet paper, hand soap, hand

sanitizer, and trash can liners (7 gal liners for sanitary pad disposal containers, 16 gal liners for office

and classroom trash containers and 55 gal for 55 gal. trash containers). The contractor shall inform the

Director of Facility Management when supplies are low for reorder. Supplies shall not get below a two

-week window.

Porter Daily Cleaning Schedule:

Porter hours will not exceed five hours per day, Monday through Friday. Porter will monitor and

clean/replace the following if the work becomes necessary or replacement of supplies becomes

necessary during work hours. This is not construed to mean the after-hours cleaning crew does not

have the same responsibilities.

Bathrooms:

1) Stock towels, tissue and hand soap

2) Empty sanitary napkin receptacles and wipe with disinfectant

3) Empty trash receptacles and wipe as needed

4) Clean and polish mirrors

5) Wipe down towel cabinet covers

6) Clean and sanitize inside and outside of toilet seats with disinfectant

7) Clean both sides of toilet seats with disinfectant

8) Scour and sanitize all basins. Polish bright work.

9) Dust partitions, top of mirrors, and frames

10) Remove splash marks from walls around basins

11) Mop and rinse floors with disinfectant

Lobby area, Offices, Classrooms, Conference Room, Kitchen/Break room, Student Lounge,

Hallways and outside of Building:

1) Sweeping, picking up debris, cleaning up spills throughout the building

2) Regularly check trash receptacles and empty as needed

3) Clear and clean tables in kitchen/break area and student lounge as needed

4) Clean classroom desks and dust furniture as needed

5) Vacuum carpet as needed. Spot clean carpet as needed

6) Keep Lobby Floors swept and mopped clean

7) Clean glass in entry way

8) Clean and polish furniture and fixtures

9) Clean stairwells

10) Police parking lots, building grounds and cigarette urns. Remove all debris and empty urns as

needed.

11) Assist in setting up conference areas, tables, chairs, and equipment for meetings and special

functions. Assist in moving heavy furniture, equipment and supplies either manually or by

using a hand truck.

12) Sweep all sidewalks that lead to any building entrance from the entrance door to twenty feet

out.

Monthly Cleaning:

1) Clean all walls

2) Clean all windows within reach

Yearly Cleaning (Bid as separate costs):

1) Strip and wax all VCT floors once a year, (preferably during TCL’s two week break at

Christmas) use spray buff type product as needed during daily schedule.

2) Deep clean with deep extraction all carpeted areas once a year (preferable during TCL’s two-

week break at Christmas).

Note: care shall be exercised so that baseboards, walls, furniture will not be splashed, marred or

disfigured or damaged during these or any other scheduled operations.

Other Services:

Defective or inoperable building equipment shall be brought to the attention of TCL’s Director of

Facility Management immediately, such as:

1) Leakage or problem plumbing

2) Defective lights or lighting receptacles

3) Doors and/or gates not properly securing

4) Other unusual circumstances that might affect the security, maintenance or effectiveness of the

facility

Inspections:

TCL’s facility maintenance staff will conduct a walk-through inspection. A written Report will be

submitted to the Director of Facility Management and the Contractor will be notified of any

deficiencies. Documented deficiencies shall be corrected within 24 hours by the Contractor.

TCL’s facility maintenance staff will review the list of deficiencies and the follow-up work performed

to ensure that any deficiency has been corrected. If the Contractor has not addressed the items, TCL

may use its own staff to correct the deficiency and will charge the Contractor. This cost will be

deducted from the Contractor’s monthly billing.

Billing and Payment:

The Technical College of the Lowcountry agrees to pay the Contractor an annual sum, not to exceed

the amount bid, to be paid monthly upon receipt and approval of invoice. All services shall be

performed to the satisfaction of TCL Director of Facility Management and TCL shall not be held liable

for any payment under this contract for services which are unsatisfactory or not approved.

The Contractor shall submit a bill to the Business Office on or before the first of each month for the

previous month’s work. Payment will be made within thirty (30) days from the date of receipt of the

Contractor’s invoice. Invoices can be mailed to Attn: Accounts Payable, PO Box 1288, Beaufort, SC

29901 or emailed to cmack@tcl.edu.

DELIVERY / PERFORMANCE LOCATION - SPECIFIED (JANUARY 2006): After award, all

deliveries shall be made and all services provided to the following address, unless otherwise specified:

TECHNICAL COLLEGE OF THE LOWCOUNTRY

100 Community College Drive

Bluffton, SC 29909

IV. INFORMATION FOR OFFERORS TO SUBMIT

INFORMATION FOR OFFERORS TO SUBMIT – GENERAL (JANUARY 2006): Offeror shall

submit a signed Cover Page and Page Two. Offeror should submit all other information and documents

requested in this part and in parts II.B. Special Instructions; III. Scope of Work; V. Qualifications; VIII.

Bidding Schedule/Price Proposal; and any appropriate attachments addressed in section IX. Attachments

to Solicitations.

Offeror must submit at least three references for projects of similar size and scope, proof of sufficient

equipment and personnel to provide services required, licenses and permits necessary for complying

with any Federal, State and Local laws, codes and regulations in connection with the prosecution of the

work.

Certificates of Insurance must reference the appropriate solicitation number for each year the contract

remains in existence. Please coordinate with your carrier to include this information on each submission.

MINORITY PARTICIPATION (DEC 2015):

Is the bidder a South Carolina Certified Minority Business? [ ] Yes [ ] No

Is the bidder a Minority Business certified by another governmental entity? [ ] Yes [ ] No

If so, please list the certifying governmental entity: _________________________

Will any of the work under this contract be performed by a SC certified Minority Business as a

subcontractor? [ ] Yes [ ] No

If so, what percentage of the total value of the contract will be performed by a SC certified Minority

Business as a subcontractor? _____________

Will any of the work under this contract be performed by a minority business certified by another

governmental entity as a subcontractor? [ ] Yes [ ] No

If so, what percentage of the total value of the contract will be performed by a minority business

certified by another governmental entity as a subcontractor? _____________

If a certified Minority Business is participating in this contract, please indicate all categories for which

the Business is certified:

[ ] Traditional minority

[ ] Traditional minority, but female

[ ] Women (Caucasian females)

[ ] Hispanic minorities

[ ] DOT referral (Traditional minority)

[ ] DOT referral (Caucasian female)

[ ] Temporary certification

[ ] SBA 8 (a) certification referral

[ ] Other minorities (Native American, Asian, etc.)

(If more than one minority contractor will be utilized in the performance of this contract, please

provide the information above for each minority business.)

The Department of Administration, Division of Small and Minority Business Contracting and

Certification, publishes a list of certified minority firms. The Minority Business Directory is available

at the following URL: http://osmba.sc.gov/directory.html [04-4015-3]

SAP

V. QUALIFICATIONS

Bidders must demonstrate that they have the resources and capability to provide cleaning services with

in-house staff as prescribed herein. The following criteria shall be met in-order to be eligible for this

contract:

Bidders must demonstrate that they are financially stable and that they have been in business

providing similar services for at least the last three years. Bidders must have a local presence already

established in the area with enough employees to perform the specified services. Bidders must also

have back-up employees that can take over in case of sickness, vacations, etc.

Bidders shall provide, at a minimum, three (3) comparable references of current work being

performed. These references must be for work done for a 25,000 sq. ft. or greater facility with similar

cleaning requirements.

Bidders shall be capable of, and are required to, submit criminal background checks on all employees

performing under this contract prior to any work being done. Bidders shall supply TCL with a list of

all employees that will perform work at the facility. If this list should change, contractor will notify

the Director of Facility Management as soon as possible.

Bidder shall provide adequate personnel, trained in proper cleaning and janitorial methods and

techniques to properly and satisfactorily maintain the facility during the scheduled times. Bidder must

have enough back up personnel to fill in for sickness and/or vacations.

Vendor staff shall have the ability to: 1) Read, write speak and understand the English Language, 2)

Have the necessary public relations skills to deal with employees and patrons in a professional,

courteous, businesslike manner, 3) Understand written and oral rules and regulations and apply them in

a tactful and non-confrontational manner, 4) Maintain poise, self-control, tact, diplomacy and mature

judgment under stress.

The successful Bidder 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 TCL by the Bidder, his agents, representatives, employees or subcontractors. Proof of

coverage shall be submitted fifteen (15) days prior to the commencement of work and such coverage

shall be maintained by the contractor for the duration of the contract period; for occurrence policies.

QUALIFICATION OF OFFEROR (MAR 2015): (1) To be eligible for award, you must have the

capability in all respects to perform fully the contract requirements and the integrity and reliability

which will assure good faith performance. We may also consider a documented commitment from a

satisfactory source that will provide you with a capability. We may consider information from any

source at the time prior to award. We may elect to consider (i) key personnel, any predecessor

business, and any key personnel of any predecessor business, including any facts arising prior to the

date a business was established, and/or (ii) any subcontractor you identify. (2) You must promptly

furnish satisfactory evidence of responsibility upon request. Unreasonable failure to supply requested

information is grounds for rejection. (3) Corporate subsidiaries are cautioned that the financial

capability of an affiliated or parent company will not be considered in determining financial

capability; however, we may elect to consider any security, e.g., letter of credit, performance bond,

parent company corporate guaranty, that you offer to provide instructions and forms to help assure

acceptability are posted on procurement.sc.gov, link to “Standard Clauses & Provisions.” [05-5005-2]

SUBCONTRACTOR – IDENTIFICATION (JANUARY 2006): If you intend to subcontract with

another business for any portion of the work and that portion exceeds 10% of your price, your offer must

identify that business and the portion of work which they are to perform. Identify potential subcontractors

by providing the business’ name, address, phone, taxpayer identification number, and point of contact.

In determining your responsibility, the state may evaluate your proposed subcontractors.

VI. AWARD CRITERIA

AWARD TO ONE OFFEROR (JAN 2006): Award will be made to one Offeror. [06-6040-1]

AWARD CRITERIA – BIDS (JANUARY 2006): Award will be made to the lowest responsible and

responsive bidder(s).

An award resulting from this request shall be awarded to the responsive and responsible offeror whose

bid is determined to be most advantageous to the State, taking into consideration price, and

qualifications. The State reserves the right to reject any and all bids and will be the sole judge as to

whether an offeror’s bid has or has not satisfactorily me the requirements of this bid request.

UNIT PRICE GOVERNS (JAN 2006): In determining award, unit prices will govern over extended

prices unless otherwise stated. [06-6075-1]

VII. TERMS AND CONDITIONS – A. GENERAL

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

2015): (a) Contractor shall not assign this contract, or its rights, obligations, or any other interest

arising from this contract, or delegate any of its performance obligations, without the express written

consent of the responsible procurement officer. The foregoing restriction does not apply to a transfer

that occurs by operation of law (e.g., bankruptcy; corporate reorganizations and consolidations, but not

including partial asset sales). Notwithstanding the foregoing, contractor may assign monies receivable

under the contract provided that the state shall have no obligation to make payment to an assignee until

thirty days after contractor (not the assignee) has provided the responsible procurement officer with (i)

proof of the assignment, (ii) the identity (by contract number) of the specific state contract to which the

assignment applies, and (iii) the name of the assignee and the exact address or account information to

which assigned payments should be made. (b) If contractor amends, modifies, or otherwise changes its

name, its identity (including its trade name), or its corporate, partnership or other structure, or its

FEIN, contractor shall provide the procurement officer prompt written notice of such change. (c) Any

name change, transfer, assignment, or novation is subject to the conditions and approval required by

Regulation 19-445.2180, which does not restrict transfers by operation of law. [07-7A004-2]

BANKRUPTCY - GENERAL (FEB 2015): (a) Notice. In the event the Contractor enters into

proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish

written notification of the bankruptcy to the Using Governmental Unit. This notification shall be

furnished within two (2) days of the initiation of the proceedings relating to the bankruptcy filing. This

notification shall include the date on which the bankruptcy petition was filed, the identity of the court

in which the bankruptcy petition was filed, and a listing of all State contracts against which final

payment has not been made. This obligation remains in effect until final payment under this Contract.

(b) Termination. This contract is voidable and subject to immediate termination by the State upon the

contractor's insolvency, including the filing of proceedings in bankruptcy. [07-7A005-2]

CHOICE-OF-LAW (JANUARY 2006): The Agreement, any dispute, claim, or controversy relating

to the Agreement, and all the rights and obligations of the parties shall, in all respects, be interpreted,

construed, enforced and governed by and under the laws of the State of South Carolina, except its choice

of law rules. As used in this paragraph, the term "Agreement" means any transaction or agreement arising

out of, relating to, or contemplated by the solicitation.

CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (FEB 2015): (a) Any contract

resulting from this solicitation shall consist of the following documents: (1) a Record of Negotiations,

if any, executed by you and the Procurement Officer, (2) the solicitation, as amended, (3)

documentation of clarifications [11-35-1520(8)] or discussions [11-35-1530(6)] of an offer, if

applicable, (4) your offer, (5) any statement reflecting the state's final acceptance (a/k/a "award"), and

(6) purchase orders. These documents shall be read to be consistent and complimentary. Any conflict

among these documents shall be resolved by giving priority to these documents in the order listed

above. (b) The terms and conditions of documents (1) through (5) above shall apply notwithstanding

any additional or different terms and conditions in any other document, including without limitation,

(i) a purchase order or other instrument submitted by the State, (ii) any invoice or other document

submitted by Contractor, or (iii) any privacy policy, terms of use, or end user agreement. Except as

otherwise allowed herein, the terms and conditions of all such documents shall be void and of no

effect. (c) No contract, license, or other agreement containing contractual terms and conditions will be

signed by any Using Governmental Unit. Any document signed or otherwise agreed to by persons

other than the Procurement Officer shall be void and of no effect. [07-7A015-2]

DISCOUNT FOR PROMPT PAYMENT (JAN 2006)

(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any

offered discount will form a part of the award, and will be taken if payment is made within the discount

period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment

in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on

individual invoices.

(b) In connection with any discount offered for prompt payment, time shall be computed from the date

of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated

from the date the designated billing office receives a proper invoice, provided the state annotates such

invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned,

payment shall be considered to have been made on the date that appears on the payment check or, for an

electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday,

or legal holiday when Federal Government offices are closed and Government business is not expected

to be conducted, payment may be made on the following business day.

DISPUTES (JAN 2006): (1) Choice-of-Forum. All disputes, claims, or controversies relating to the

Agreement shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance

with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of

jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Richland County, State

of South Carolina. Contractor agrees that any act by the Government regarding the Agreement is not a

waiver of either the Government's sovereign immunity or the Government's immunity under the Eleventh

Amendment of the United States Constitution. As used in this paragraph, the term "Agreement" means

any transaction or agreement arising out of, relating to, or contemplated by the solicitation. (2) Service

of Process. Contractor consents that any papers, notices, or process necessary or proper for the initiation

or continuation of any disputes, claims, or controversies relating to the Agreement; for any court action

in connection therewith; or for the entry of judgment on any award made, may be served on Contractor

by certified mail (return receipt requested) addressed to Contractor at the address provided as the Notice

Address on Page Two or by personal service or by any other manner that is permitted by law, in or

outside South Carolina. Notice by certified mail is deemed duly given upon deposit in the United States

mail.

EQUAL OPPORTUNITY (JAN 2006): Contractor is referred to and shall comply with all applicable

provisions, if any, of Title 41, Part 60 of the Code of Federal Regulations, including but not limited to

Sections 60-1.4, 60-4.2, 60-4.3, 60-250.5(a), and 60-741.5(a), which are hereby incorporated by

reference.

FALSE CLAIMS (JAN 2006): According to the S.C. Code of Laws § 16-13-240, "a person who by

false pretense or representation obtains the signature of a person to a written instrument or obtains from

another person any chattel, money, valuable security, or other property, real or personal, with intent to

cheat and defraud a person of that property is guilty" of a crime.

FIXED PRICING REQUIRED (JAN 2006): Any pricing provided by contractor shall include all costs

for performing the work associated with that price. Except as otherwise provided in this solicitation,

contractor’s price shall be fixed for the duration of this contract, including option terms. This clause does

not prohibit contractor from offering lower pricing after award.

IRAN DIVESTMENT ACT – ONGOING OBLIGATIONS – (JAN 2015): (a) You must notify the

Procurement Officer immediately if, at any time during the contract term, you are added to the Iran

Divestment Act List. (b) Consistent with Section 11-57-330(B), you shall not contract with any person

to perform a part of the Work, if, at the time you enter into the subcontract, that person is on the then-

current version of the Iran Divestment Act List. [07-7A072-1]

NO INDEMNITY OR DEFENSE (FEB 2015): Any term or condition is void to the extent it

requires the State to indemnify, defend, or pay attorney's fees to anyone for any reason. [07-7A045-2]

NOTICE (JAN 2006): (A) After award, any notices shall be in writing and shall be deemed duly given

(1) upon actual delivery, if delivery is by hand, (2) upon receipt by the transmitting party of automated

confirmation or answer back from the recipient's device if delivery is by telex, telegram, facsimile, or

electronic mail, or (3) upon deposit into the United States mail, if postage is prepaid, a return receipt is

requested, and either registered or certified mail is used. (B) Notice to contractor shall be to the address

identified as the Notice Address on Page Two. Notice to the state shall be to the Procurement Officer's

address on the Cover Page. Either party may designate a different address for notice by giving notice in

accordance with this paragraph.

OPEN TRADE (JUN 2015): During the contract term, including any renewals or extensions,

Contractor will not engage 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. [07-7A053-1]

PAYMENT and INTEREST (FEB 2015): (a) The State shall pay the Contractor, after the

submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered

and accepted or services rendered and accepted, less any deductions provided in this contract. Unless

otherwise specified herein, including the purchase order, payment shall not be made on partial

deliveries accepted by the Government. (b) Unless otherwise provided herein, including the purchase

order, payment will be made by check mailed to the payment address on "Page Two." (c)

Notwithstanding any other provision, payment shall be made in accordance with S.C. Code Section 11-

35-45, or Chapter 6 of Title 29 (real property improvements) when applicable, which provides the

Contractor's exclusive means of recovering any type of interest from the Owner. Contractor waives

imposition of an interest penalty unless the invoice submitted specifies that the late penalty is

applicable. Except as set forth in this paragraph, the State shall not be liable for the payment of interest

on any debt or claim arising out of or related to this contract for any reason. (d) Amounts due to the

State shall bear interest at the rate of interest established by the South Carolina Comptroller General

pursuant to Section 11-35-45 ("an amount not to exceed fifteen percent each year"), as amended,

unless otherwise required by Section 29-6-30. (e) Any other basis for interest, including but not limited

to general (pre- and post-judgment) or specific interest statutes, including S.C. Code Ann. Section 34-

31-20, are expressly waived by both parties. If a court, despite this agreement and waiver, requires that

interest be paid on any debt by either party other than as provided by items (c) and (d) above, the

parties further agree that the applicable interest rate for any given calendar year shall be the lowest

prime rate as listed in the first edition of the Wall Street Journal published for each year, applied as

simple interest without compounding. (f) The State shall have all of its common law, equitable and

statutory rights of set-off. [07-7A055-3]

PUBLICITY (JAN 2006): Contractor shall not publish any comments or quotes by State employees, or

include the State in either news releases or a published list of customers, without the prior written

approval of the Procurement Officer.

PURCHASE ORDERS (JAN 2006): Contractor shall not perform any work prior to the receipt of a

purchase order from the using governmental unit. The using governmental unit shall order any supplies

or services to be furnished under this contract by issuing a purchase order. Purchase orders may be used

to elect any options available under this contract, e.g., quantity, item, delivery date, payment method,

but are subject to all terms and conditions of this contract. Purchase orders may be electronic. No

particular form is required. An order placed pursuant to the purchasing card provision qualifies as a

purchase order. Purchase Orders will be issued at the beginning of each Fiscal Year of renewal.

The state shall have all of its common law, equitable, and statutory rights of set-off. These rights shall

include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due

to the Contractor under this contract up to any amounts due and owing to the state with regard to this

contract, any other contract with any state department or agency, including any contract for a term

commencing prior to the term of this contract, plus any amounts due and owing to the state for any other

reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative

thereto.

SETOFF (JAN 2006): The state shall have all of its common law, equitable, and statutory rights of set-

off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of

set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the

state with regard to this contract, any other contract with any state department or agency, including any

contract for a term commencing prior to the term of this contract, plus any amounts due and owing to

the state for any other reason including, without limitation, tax delinquencies, fee delinquencies or

monetary penalties relative thereto.

SURVIVAL OF OBLIGATIONS (JAN 2006): The Parties' rights and obligations which, by their

nature, would continue beyond the termination, cancellation, rejection, or expiration of this contract shall

survive such termination, cancellation, rejection, or expiration, including, but not limited to, the rights

and obligations created by the following clauses: Indemnification - Third Party Claims, Intellectual

Property Indemnification, and any provisions regarding warranty or audit.

TAXES (JAN 2006): Any tax the contractor may be required to collect or pay upon the sale, use or

delivery of the products shall be paid by the State, and such sums shall be due and payable to the

contractor upon acceptance. Any personal property taxes levied after delivery shall be paid by the State.

It shall be solely the State's obligation, after payment to contractor, to challenge the applicability of any

tax by negotiation with, or action against, the taxing authority. Contractor agrees to refund any tax

collected, which is subsequently determined not to be proper and for which a refund has been paid to

contractor by the taxing authority. In the event that the contractor fails to pay, or delays in paying, to any

taxing authorities, sums paid by the State to contractor, contractor shall be liable to the State for any loss

(such as the assessment of additional interest) caused by virtue of this failure or delay. Taxes based on

Contractor’s net income or assets shall be the sole responsibility of the contractor.

TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006) Payment and performance

obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds

therefore. When funds are not appropriated or otherwise made available to support continuation of

performance in a subsequent fiscal period, the contract shall be canceled. In the event of a cancellation

pursuant to this paragraph, contractor will be reimbursed the resulting unamortized, reasonably incurred,

nonrecurring costs. Contractor will not be reimbursed any costs amortized beyond the initial contract

term.

THIRD PARTY BENEFICIARY (JAN 2006) This Contract is made solely and specifically among

and for the benefit of the parties hereto, and their respective successors and assigns, and no other

person will have any rights, interest, or claims hereunder or be entitled to any benefits under or on

account of this Contract as a third-party beneficiary or otherwise.

WAIVER (JAN 2006) The State does not waive any prior or subsequent breach of the terms of the

Contract by making payments on the Contract, by failing to terminate the Contract for lack of

performance, or by failing to strictly or promptly insist upon any term of the Contract. Only the

Procurement Officer has actual authority to waive any of the State’s rights under this Contract. Any

waiver must be in writing.

VII. TERMS AND CONDITIONS – B. SPECIAL

CHANGES (JANUARY 2006): (1) Contract Modification. By a written order, at any time, and without

notice to any surety, the Procurement Officer may, subject to all appropriate adjustments, make changes

within the general scope of this contract in any one or more of the following:

(a) drawings, designs, or specifications, if the supplies to be furnished are to be specially manufactured

for the [State] in accordance therewith;

(b) method of shipment or packing;

(d) description of services to be performed;

(e) time of performance (i.e., hours of the day, days of

the week, etc.); or,

(f) place of performance of the services.

Subparagraphs (a) to (c) apply only if supplies are furnished under this contract. Subparagraphs (d) to

(f) apply only if services are performed under this contract.

(2) Adjustments of Price or Time for Performance. If any such change increases or decreases the

contractor's cost of, or the time required for, performance of any part of the work under this contract,

whether or not changed by the order, an adjustment shall be made in the contract price, the delivery

schedule, or both, and the contract modified in writing accordingly. Any adjustment in contract price

made pursuant to this clause shall be determined in accordance with the Price Adjustment Clause of this

contract. Failure of the parties to agree to an adjustment shall not excuse the contractor from proceeding

with the contract as changed, provided that the State promptly and duly make such provisional

adjustments in payment or time for performance as may be reasonable. By proceeding with the work,

the contractor shall not be deemed to have prejudiced any claim for additional compensation, or an

extension of time for completion.

(3) Time Period for Claim. Within 30 days after receipt of a written contract modification under

Paragraph (1) of this clause, unless such period is extended by the Procurement Officer in writing, the

contractor shall file notice of intent to assert a claim for an adjustment. Later notification shall not bar

the contractor's claim unless the State is prejudiced by the delay in notification.

(4) Claim Barred After Final Payment. No claim by the contractor for an adjustment hereunder shall be

allowed if notice is not given prior to final payment under this contract.

CISG (JAN 2006): The parties expressly agree that the UN Convention on the International Sale of

Goods shall not apply to this agreement.

COMPLIANCE WITH LAWS (JAN 2006): During the term of the contract, contractor shall comply

with all applicable provisions of laws, codes, ordinances, rules, regulations, and tariffs.

CONFERENCE – PRE-PERFORMANCE (JAN 2006): Unless waived by the Procurement Officer,

a pre-performance conference between the contractor, Director of Facility Management and

Procurement Officer shall be held at a location selected by the state within five (5) days after final award,

and prior to commencement of work under the contract. The responsibilities of all parties involved will

be discussed to assure a meeting of the minds of all concerned. The successful contractor or his duly

authorized representative shall be required to attend at contractor’s expense.

CONTRACT LIMITATIONS (JAN 2006): No sales may be made pursuant to this contract for any

item or service that is not expressly listed. No sales may be made pursuant to this contract after expiration

of this contract. Violation of this provision may result in termination of this contract and may subject

contractor to suspension or debarment.

CONTRACTOR'S LIABILITY INSURANCE - GENERAL (FEB 2015): (a) Without limiting any

of the obligations or liabilities of Contractor, Contractor shall procure from a company or companies

lawfully authorized to do business in South Carolina and with a current A.M. Best rating of no less than

A: VII, and maintain for the duration of the contract, insurance against claims for injuries to persons or

damages to property which may arise from or in connection with the performance of the work and the

results of that work by the contractor, his agents, representatives, employees or subcontractors. (b)

Coverage shall be at least as broad as:

(1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07

covering CGL on an "occurrence" basis, including products-completed operations, personal and

advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit

applies, the general aggregate limit shall be twice the required occurrence limit. This contract shall be

considered to be an "insured contract" as defined in the policy.

(2) Auto Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no

owned autos, hired, (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per

accident for bodily injury and property damage.

(3) Worker's Compensation: As required by the State of South Carolina, with Statutory Limits, and

Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or

disease.

any of them, must be covered as additional insureds on the CGL policy with respect to liability arising

out of work or operations performed by or on behalf of the Contractor including materials, parts or

equipment furnished in connection with such work or operations. General liability coverage can be

provided in the form of an endorsement to the Contractor's insurance at least as broad as ISO Form CG

20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is

used.

(d) For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance

as respects the State, every applicable Using Governmental Unit, and the officers, officials, employees

and volunteers of any of them. Any insurance or self-insurance maintained by the State, every applicable

Using Governmental Unit, or the officers, officials, employees and volunteers of any of them, shall be

excess of the Contractor's insurance and shall not contribute with it.

(e) Prior to commencement of the work, the Contractor shall furnish the State with original certificates

and amendatory endorsements or copies of the applicable policy language effecting coverage required

by this section. All certificates are to be received and approved by the State before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the

Contractor's obligation to provide them. The State reserves the right to require complete, certified copies

of all required insurance policies, including endorsements required by this section, at any time.

(f) Should any of the above described policies be cancelled before the expiration date thereof, notice will

be delivered in accordance with the policy provisions. In addition, the Contractor shall notify the State

immediately upon receiving any information that any of the coverages required by this section are or

will be changed, cancelled, or replaced.

(g) Contractor hereby grants to the State and every applicable Using Governmental Unit a waiver of any

right to subrogation which any insurer of said Contractor may acquire against the State or applicable

Using Governmental Unit by virtue of the payment of any loss under such insurance. Contractor agrees

to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision

applies regardless of whether or not the State or Using Governmental Unit has received a waiver of

subrogation endorsement from the insurer.

(h) Any deductibles or self-insured retentions must be declared to and approved by the State. The State

may require the Contractor to purchase coverage with a lower deductible or retention or provide proof

of ability to pay losses and related investigations, claim administration, and defense expenses within the

retention.

(i) The State reserves the right to modify these requirements, including limits, based on the nature of the

risk, prior experience, insurer, coverage, or other special circumstances. [07-7B056-2]

CONTRACTOR PERSONNEL (JAN 2006): The Contractor shall enforce strict discipline and good

order among the Contractor's employees and other persons carrying out the Contract. The Contractor

shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

CONTRACTOR'S OBLIGATION – GENERAL (JAN 2006): The contractor shall provide and pay

for all materials, tools, equipment, labor and professional and non-professional services, and shall

perform all other acts and supply all other things necessary, to fully and properly perform and complete

the work. The contractor must act as the prime contractor and assume full responsibility for any

subcontractor’s performance. The contractor will be considered the sole point of contact with regard to

all situations, including payment of all charges and the meeting of all other requirements.

DEFAULT-SHORT FORM (FEB 2015): The state may terminate this contract, or any part hereof,

for cause in the event of any default by the contractor, or if the contractor fails to comply with any

material contract terms and conditions, or fails to provide the state, upon request, with adequate

assurances of future performance. In the event of termination for cause, the state shall not be liable to

the contractor for any amount for supplies or services not accepted, and the contractor shall be liable to

the state for any and all rights and remedies provided by law. If it is determined that the state

improperly terminated this contract for default, such termination shall be deemed a termination for

convenience. [07-7B080-2]

ILLEGAL IMMIGRATION (NOV 2008): (An overview is available at www.procurement.sc.gov)

By signing your offer, you certify that you will comply with the applicable requirements of Title 8,

Chapter 14 of the south Carolina Code of Laws and agree to provide to the State upon request any

documentation required to establish either: (a) that title 8, chapter 14 is inapplicable to you and your

subcontractors or sub subcontractors; or (b) that you and your subcontractors or sub subcontractors are

in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, “A person who knowingly makes

or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is

guilty of a felony and, upon convection, must be fined within the discretion of the court or imprisoned

for not more than five years, or both”. You agree to include in any contracts with your subcontractor’s

language requiring your subcontractors to (a) comply with the applicable requirements of Title 8,

Chapter 14, and (b) include in their contracts with the sub subcontractors language requiring the sub

subcontractors to comply with the applicable requirements of Title 8, Chapter 14. [07-7B097-1]

INDEMNIFICATION-THIRD PARTY CLAIMS – GENERAL (NOV 2011): Notwithstanding

any limitation in this agreement, and to the fullest extent permitted by law, Contractor shall defend and

hold harmless indemnitees for and against any and all suits or claims of any character (and all related

damages, settlement payments, attorneys’ fees, costs, expenses, losses or liabilities) by a third party

which are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of

tangible property arising out of or in connection with the goods or services acquired hereunder or

caused in whole or in part by any act or omission of contractor, its subcontractors, their employees,

workmen, servants, agents, or anyone directly or indirectly employed by them or anyone for whose

acts any of them may be liable, regardless of whether or not caused in part by an indemnitee; however,

if an indemnitee’ negligent act or omission is subsequently determined to be the sole proximate cause

of a suit or claim, the indemnitee shall not be entitled to indemnification hereunder. Contractor shall

be given timely written notice of any suit or claim. Contractor’s obligations hereunder are in no way

limited by any protection afforded under workers’ compensation acts, disability benefit acts, or other

employee benefit acts. This clause shall not negate, abridge, or reduce any other rights or obligations

or indemnity which would otherwise exist. The obligations of this paragraph shall survive termination,

cancelation, or expiration of the parties’ agreement. This provision shall be construed fairly and

reasonably, neither strongly for nor against either party, and without regard to any clause regarding

insurance. As used in this clause, “Indemnitees” means the State of South Carolina, its

instrumentalities, agencies, departments, boards, political subdivisions and all their respective officers,

agents and employees. [07-7B100-2]

LICENSES AND PERMITS (JAN 2006)

During the term of the contract, the Contractor shall be responsible for obtaining, and maintaining in

good standing, all licenses (including professional licenses, if any), permits, inspections and related

fees for each or any such licenses, permits and /or inspections required by the State, county, city or

other government entity or unit to accomplish the work specified in this solicitation and the contract.

[07-7B115-1]

PRICE ADJUSTMENT - LIMITED -- AFTER INITIAL TERM ONLY (JAN 2006)

Upon approval of the Procurement Officer, prices may be adjusted for any renewal term. Prices shall

not be increased during the initial term. Any request for a price increase must be received by the

Procurement Officer at least ninety (90) days prior to the expiration of the applicable term and must be

accompanied by sufficient documentation to justify the increase. If approved, a price increase becomes

effective starting with the term beginning after approval. A price increase must be executed as a

change order. Contractor may terminate this contract at the end of the then current term if a price

increase request is denied. Notice of termination pursuant to this paragraph must be received by the

Procurement Officer no later than fifteen (15) days after the Procurement Officer sends contractor

notice rejecting the requested price increase. [07-7B165-1]

RELATIONSHIP OF THE PARTIES (JANUARY 2006): Neither party is an employee, agent,

partner, or joint venturer of the other. Neither party has the right or ability to bind the other to any

agreement with a third party or to incur any obligation or liability on behalf of the other party.

SUBCONTRACTOR SUBSTITUTION PROHIBITED - RESIDENT SUBCONTRACTOR

PREFERENCE (SEP 2009)

If you receive an award as a result of the subcontractor preference, you may not substitute any business

for the subcontractor upon which you relied to qualify for the preference, unless first approved in

writing by the procurement officer. If you violate this provision, the State may terminate your contract

for cause and you may be debarred. In addition, the procurement officer may require you to pay the

State an amount equal to twice the difference between the price paid by the State and the price offered

by the next lowest bidder, unless the substituted subcontractor qualifies for the preference. [11-35-

1524(D)(5)(c)] [07-7B237-1]

TERM OF CONTRACT – EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006):

The effective date of this contract is the first day of the Maximum Contract Period as specified on the

final statement of award. The initial term of this agreement is one year from the effective date.

Regardless, this contract expires no later than the last date stated on the final statement of award.

TERM OF CONTRACT – OPTION TO RENEW (JAN 2006): At the end of the initial term, and at

the end of each renewal term, this contract shall automatically renew for a period of one year, unless

contractor receives notice that the state elects not to renew the contract at least thirty (30) days prior to

the date of renewal. Regardless, this contract expires no later than the last date stated on the final

statement of award.

TERM OF CONTRACT – TERMINATION BY CONTRACTOR (JAN 2006): Contractor may

terminate this contract at the end of the initial term, or any renewal term, by providing the Procurement

Officer notice of its election to terminate under this clause at least ninety (90) days prior to the expiration

of the then current term.

TERMINATION FOR CONVENIENCE – SHORT FORM (JAN 2006): The Procurement Officer

may terminate this contract in whole or in part, for the convenience of the State. In such a termination,

the Procurement Officer may require the contractor to transfer title and deliver to the State in the manner

and to the extent directed by the Procurement Officer: (a) any completed supplies; and (b) such partially

completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and

contract rights (hereinafter called "manufacturing material") as the contractor has specifically produced

or specially acquired for the performance of the terminated part of this contract. Upon such termination,

the contractor shall (a) stop work to the extent specified, (b) terminate any subcontracts as they relate to

the terminated work, and (c) be paid the following amounts without duplication, subject to the other

terms of this contract: (i) contract prices for supplies or services accepted under the contract, (ii) costs

incurred in performing the terminated portion of the work, and (iii) any other reasonable costs that the

contractor can demonstrate to the satisfaction of the State, using its standard record keeping system, have

resulted from the termination. The contractor shall not be paid for any work performed or costs incurred

that reasonably could have been avoided. As a condition of payment, contractor shall submit within three

months of the effective date of the termination a claim specifying the amounts due because of the

termination. The absence of an appropriate termination for convenience clause in any subcontract shall

not increase the obligation of the state beyond what it would have been had the subcontract contained

such a clause.

VIII. BIDDING SCHEDULE

SOLICITATION JP-42018

Description: Janitorial and Porter services for the Technical College of the Lowcountry,

Bluffton Campus

Solicitation JP-060214

Item

Commodity

Quantity

Unit

Unit Price

Extended Price

910-39

Months

Description: Five times a week Janitorial Service, TCL Bluffton Campus

NOTE: Vendor will be responsible for all cleaning supplies and equipment. Cost of these items

should be figured in with monthly and yearly totals.

Solicitation JP-060214

Item

Commodity

Quantity

Unit

Unit Price

Extended Price

910-39

Months

Description: Five times a week, five hours per day, Porter Services for Bluffton Campus

Special Event Cleaning Per Occurrence $______________

Note: Bid Yearly items as separate costs.

Yearly Stripping & Waxing VCT Per Occurrence $_______________

Yearly Carpet Cleaning Per Occurrence $_______________

IX. ATTACHMENTS TO SOLICITATION

IMPORTANT TAX NOTICE - NONRESIDENTS ONLY

Withholding Requirements for Payments to Nonresidents: Section 12-8-550 of the South Carolina Code

of Laws requires persons hiring or contracting with a nonresident conducting a business or performing

personal services of a temporary nature within South Carolina to withhold 2% of each payment made to

the nonresident. The withholding requirement does not apply to (1) payments on purchase orders for

tangible personal property when the payments are not accompanied by services to be performed in South

Carolina, (2) nonresidents who are not conducting business in South Carolina, (3) nonresidents for

contracts that do not exceed $10,000 in a calendar year, or (4) payments to a nonresident who (a) registers

with either the S.C. Department of Revenue or the S.C. Secretary of State and (b) submits a Nonresident

Taxpayer Registration Affidavit - Income Tax Withholding, Form I-312 to the person letting the contract.

The withholding requirement applies to every governmental entity that uses a contract ("Using Entity").

Nonresidents should submit a separate copy of the Nonresident Taxpayer Registration Affidavit - Income

Tax Withholding, Form I-312 to every Using Entity that makes payment to the nonresident pursuant to

this solicitation. Once submitted, an affidavit is valid for all contracts between the nonresident and the

Using Entity, unless the Using Entity receives notice from the Department of Revenue that the exemption

from withholding has been revoked. -----------------------

Section 12-8-540 requires persons making payment to a nonresident taxpayer of rentals or royalties at a

rate of $1,200.00 or more a year for the use of or for the privilege of using property in South Carolina to

withhold 7% of the total of each payment made to a nonresident taxpayer who is not a corporation and

5% if the payment is made to a corporation. Contact the Department of Revenue for any applicable

exceptions. -----------------------

For information about other withholding requirements (e.g., employee withholding), contact the

Withholding Section at the South Carolina Department of Revenue at 803-898-5383 or visit the

Department’s website at www.sctax.org. -----------------------

This notice is for informational purposes only. This agency does not administer and has no authority

over tax issues. All registration questions should be directed to the License and Registration Section at

803-898-5872 or to the South Carolina Department of Revenue, Registration Unit, Columbia, S.C.

29214-0140. All withholding questions should be directed to the Withholding Section at 803-898-5383.

STATE OF SOUTH CAROLINA

DEPARTMENT OF REVENUE

NONRESIDENT TAXPAYER

REGISTRATION AFFIDAVIT

INCOME TAX WITHHOLDING

I-312

(Rev. 5/7/04)

3323

The undersigned nonresident taxpayer on oath, being first duly sworn, hereby certifies as follows:

1. Name of Nonresident Taxpayer:

2. Trade Name, if applicable (Doing Business As):

3. Mailing Address:

4. Federal Identification Number:

Hiring or Contracting with:

Name:

Address:

Receiving Rentals or Royalties From:

Name:

Address:

Beneficiary of Trusts and Estates:

Name:

Address:

6. I hereby certify that the above named nonresident taxpayer is currently registered with

(check the appropriate box):

ڤ The South Carolina Secretary of State or

ڤThe South Carolina Department of Revenue

Date of Registration:

7. I understand that by this registration, the above named nonresident taxpayer has agreed to be subject to the jurisdiction

of the South Carolina Department of Revenue and the courts of South Carolina to determine its South Carolina tax

liability, including estimated taxes, together with any related interest and penalties.

8. I understand the South Carolina Department of Revenue may revoke the withholding exemption granted under Code

Sections 12-8-540 (rentals), 12-8-550 (temporarily doing business or professional services in South Carolina), and 12-8-

570 (distributions to nonresident beneficiary by trusts or estates) at any time it determines that the above named

nonresident taxpayer is not cooperating with the Department in the determination of its correct South Carolina tax

liability.

The undersigned understands that any false statement contained herein could be punished by fine, imprisonment or both.

Recognizing that I am subject to the criminal penalties under Code Section 12-54-44 (B) (6) (a) (i), I declare that I have

examined this affidavit and to the best of my knowledge and belief, it is true, correct and complete.

(Seal)

Signature of Nonresident Taxpayer (Owner, Partner or Corporate Officer, when relevant) Date

If Corporate officer state title:

(Name - Please Print)

Mail to: The company or individual you are contracting with.

OFFEROR'S CHECKLIST

AVOID COMMON BID/PROPOSAL MISTAKES

Review this checklist prior to submitting your bid/proposal.

If you fail to follow this checklist, you risk having your bid/proposal rejected.

 DO NOT INCLUDE ANY OF YOUR STANDARD CONTRACT FORMS!

 UNLESS EXPRESSLY REQUIRED, DO NOT INCLUDE ANY ADDITIONAL BOILERPLATE CONTRACT CLAUSES.

 REREAD YOUR ENTIRE BID/PROPOSAL TO MAKE SURE YOUR BID/PROPOSAL DOES NOT TAKE EXCEPTION

TO ANY OF THE STATE'S MANDATORY REQUIREMENTS.

 MAKE SURE YOU HAVE PROPERLY MARKED ALL PROTECTED, CONFIDENTIAL, OR TRADE SECRET

INFORMATION IN ACCORDANCE WITH THE INSTRUCTIONS ENTITLED: SUBMITTING

CONFIDENTIAL INFORMATION. DO NOT MARK YOUR ENTIRE BID/PROPOSAL AS CONFIDENTIAL,

TRADE SECRET, OR PROTECTED! DO NOT INCLUDE A LEGEND ON THE COVER STATING THAT YOUR

ENTIRE RESPONSE IS NOT TO BE RELEASED!

 HAVE YOU PROPERLY ACKNOWLEDGED ALL AMENDMENTS? INSTRUCTIONS REGARDING HOW TO

ACKNOWLEDGE AN AMENDMENT SHOULD APPEAR IN ALL AMENDMENTS ISSUED.

 MAKE SURE YOUR BID/PROPOSAL INCLUDES A COPY OF THE SOLICITATION COVER PAGE. MAKE SURE

THE COVER PAGE IS SIGNED BY A PERSON THAT IS AUTHORIZED TO CONTRACTUALLY BIND YOUR

BUSINESS.

 MAKE SURE YOUR BID/PROPOSAL INCLUDES THE NUMBER OF COPIES REQUESTED.

 CHECK TO ENSURE YOUR BID/PROPOSAL INCLUDES EVERYTHING REQUESTED!

 IF YOU HAVE CONCERNS ABOUT THE SOLICITATION, DO NOT RAISE THOSE CONCERNS IN YOUR

RESPONSE! AFTER OPENING, IT IS TOO LATE! IF THIS SOLICITATION INCLUDES A PRE-

BID/PROPOSAL CONFERENCE OR A QUESTION & ANSWER PERIOD, RAISE YOUR QUESTIONS AS A

PART OF THAT PROCESS! PLEASE SEE INSTRUCTIONS UNDER THE HEADING "SUBMISSION OF

QUESTIONS" AND ANY PROVISIONS REGARDING PRE-BID/PROPOSAL CONFERENCES.

This checklist is included only as a reminder to help offerors avoid common mistakes.

Responsiveness will be evaluated against the solicitation, not against this checklist.

You do not need to return this checklist with your response.

2018 Janitorial Bid NR

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