HVAC Bid 146 2018
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Solicitation Number
Date Issued
Procurement Officer
Phone
E-Mail Address
State of South Carolina
Invitation for Bid
TCLHVAC032018
003/28/2018
Carol Mack, CPPB
843-525-8250
cmack@tcl.edu
DESCRIPTION: Trane HVAC Units for Buildings 14 & 6
USING GOVERNMENTAL UNIT: TECHNICAL COLLEGE OF THE LOWCOUNTRY
The Term "Offer" Means Your "Bid" or "Proposal".
SUBMIT OFFER BY (Opening Date/Time): May 1, 2018 10:00 AM
See "Deadline For Submission Of Offer" provision
QUESTIONS MUST BE RECEIVED BY: April 23, 2018 10:00 AM
See "Questions From Offerors" provision
NUMBER OF COPIES TO BE SUBMITTED: One (1) original, one (1) copy (marked “copy”)
Offers must be submitted in a sealed package. Solicitation Number & Opening Date must appear on package exterior.
SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:
MAILING ADDRESS:
Technical College of the Lowcountry
P.O. Box 1288
Beaufort, SC 29901
PHYSICAL ADDRESS:
921 Ribaut Road
Bldg 3 Procurement Office
Beaufort, SC 29902
See "Submitting Your Offer" provision
CONFERENCE TYPE: Pre-Bid Conference/Site Visit
April 23, 2018 10:00 AM
LOCATION: 921 Ribaut Rd
B3 Conference Room
Beaufort, SC 29902
As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions
AWARD &
AMENDMENTS
Award will be posted online www.tcl.edu, May 7, 2018.
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.
NAME OF OFFEROR
(Full legal name of business submitting the offer)
OFFEROR'S TYPE OF ENTITY:
(Check one)
□ Sole Proprietorship
□ Partnership
AUTHORIZED SIGNATURE
(Person signing must be authorized to submit binding offer to enter contract on behalf of Offeror named above.)
TITLE
(Business title of person signing above)
□ Corporation (tax-exempt)
□ Corporate entity (not tax-exempt)
□ Government entity (federal, state, or local)
PRINTED NAME
(Printed name of person signing above)
DATE SIGNED
□ Other _________________________
(See "Signing Your Offer" provision.)
Instructions regarding Offeror's name: Any award issued will be issued to, and the contract will be formed with, the entity
identified as the offeror above. An offer may be submitted by only one legal entity. 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.
STATE OF INCORPORATION
(If offeror is a corporation, identify the state of Incorporation.)
TAXPAYER IDENTIFICATION NO.
(See "Taxpayer Identification Number" provision)
COVER PAGE MMO (JAN. 2006)
STATE VENDOR NO.
(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)
PAGE TWO
(Return Page Two with Your Offer)
HOME OFFICE ADDRESS (Address for offeror's home office /
NOTICE ADDRESS (Address to which all procurement and contract
principal place of business)
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.)
ORDER ADDRESS (Address to which purchase orders will be
(See "Payment" clause)
sent) (See "Purchase Orders” and "Contract Documents" clauses)
Payment Address same as Home Office Address
Payment Address same as Notice Address (check only
Order Address same as Home Office Address
Order Address same as Notice Address (check only one)
one)
ACKNOWLEDGMENT
OF AMENDMENTS
Amendment
No.
Amendment
Issue Date
Amendment
No.
Amendment
Issue Date
Amendment
No.
Amendment
Issue Date
Amendment
No.
Amendment
Issue Date
Offerors acknowledges
receipt of amendments by
indicating amendment
number and its date of issue.
See "Amendments to
Solicitation" Provision
DISCOUNT FOR
PROMPT PAYMENT
10 Calendar Days (%)
20 Calendar Days (%)
30 Calendar Days (%)
_____Calendar Days (%)
See "Discount for Prompt
Payment" clause
PREFERENCES – SC RESIDENT VENDOR PREFERENCE
(June 2005): Section 11-35-1524 provides a preference for offerors
that qualify as a resident vendor. A resident vendor is an offeror that
(a) is authorized to transact business within South Carolina, (b)
maintains an office* in South Carolina, (c) either (1) maintains a
minimum $10,000.00 representative inventory at the time of the
solicitation, or (2) is a manufacturer which is headquartered and has at
least a ten million dollar payroll in South Carolina, and the product is
made or processed from raw materials into a finished end-product by
such manufacturer or an affiliate (as defined in section 1563 of the
Internal Revenue Code) of such manufacturer, and (d) has paid all
assessed taxes. If applicable, preference will be applied as required by
law.
OFFERORS REQUESTING THIS PREFERENCE
MUST INITIAL HERE. ______________.
*ADDRESS AND PHONE OF IN-STATE OFFICE
In-State Office Address same as Home Office Address
In-State Office Address same as Notice Address
(CHECK
PREFERENCES – SC/US END-PRODUCT (June 2005): Section 11-35-1524 provides a
preference to vendors offering South Carolina end-products or US end-products, if those
products are made, manufactured, or grown in SC or the US, respectively. An end-product
is the item identified for acquisition in this solicitation, including all component parts in
final form and ready for the use intended. The terms “made,” “manufactured,” and
“grown” are defined by Section 11-35-1524(B). By signing your offer and checking the
appropriate space(s) provided and identified on the bid schedule, offeror certifies that the
end-product(s) is either made, manufactured or grown in South Carolina, or other states
of the United States, as applicable. Preference will be applied as required by law.
PAGE TWO (JAN. 2006)
End of Page Two
2
ONLY
ONE )
IF THIS PREFERENCE APPLIES TO
THIS PROCUREMENT, PART VII
(BIDDING
SCHEDULE)
WILL
INCLUDE A PLACE TO CLAIM THE
PREFERENCE.
OFFERORS REQUESTING THIS
PREFERENCE MUST CHECK THE
APPROPRIATE SPACES ON THE
BIDDING SCHEDULE.
Table of Contents
SAP
SECTION_I ............................................................................. 5
ACQUIRE EQUIPMENT (JAN 2006) ................................... 5
SECTION_IIA ........................................................................ 5
DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015) 5
AMENDMENTS TO SOLICITATION (JAN 2004) .............. 6
AUTHORIZED AGENT (FEB 2015) ..................................... 6
AWARD NOTIFICATION (FEB 2015) ................................. 6
BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004) . 6
BID ACCEPTANCE PERIOD (JAN 2004) ............................ 6
BID IN ENGLISH and DOLLARS (JAN 2004) ..................... 7
BOARD AS PROCUREMENT AGENT (JAN 2006)…...……7
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)
7
CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)
CODE OF LAWS AVAILABLE (JAN 2006) ........................ 8
COMPLETION OF FORMS/CORRECTION OF ERRORS (JAN 2006). 9
DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (FEB 2015)
DEADLINE FOR SUBMISSION OF OFFER (JAN 2004) .... 9
DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)
9
DUTY TO INQUIRE (FEB 2015) .......................................... 9
ETHICS CERTIFICATE (MAY 2008) ................................... 9
IRAN DIVESTMENT ACT - CERTIFICATION (DEC 2015) 10
OPEN TRADE REPRESENTATION (JUN 2015) ................. 10
PROTESTS (JUN 2006) ......................................................... 10
PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)
10
PUBLIC OPENING (JAN 2004) ............................................ 10
QUESTIONS FROM OFFERORS (FEB 2015) ..................... 10
REJECTION/CANCELLATION (JAN 2004) ........................ 11
RESPONSIVENESS/IMPROPER OFFERS (JUN 2015) ....... 11
RESTRICTIONS APPLICABLE TO OFFERORS (JAN 2006) 11
SIGNING YOUR OFFER (JAN 2004) ................................... 12
STATE OFFICE CLOSINGS (JAN 2004) ............................. 12
SUBMITTING CONFIDENTIAL INFORMATION (FEB 2015)
12
SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015) 13
TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN 2008)
TAXPAYER IDENTIFICATION NUMBER (JAN 2006).…..13
VENDOR REGISTRATION MANDATORY (JAN 2006) .... 14
WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)
14
SECTION_IIB ......................................................................... 14
CLARIFICATION (NOV 2007) ............................................. 14
CONTENTS OF OFFER (RFP) – SPO (JAN 2006) ................ 14
MAIL DELIVERY ................................................................... 14
OFFERING BY LOT (JAN 2006)…………………………… 14
PROTEST – CPO- MMO ADDRESS (JUN 2006) .................. 15
SITE VISIT (JAN 2006)……………………………………….15
SECTION_III SCOPE OF WORK/SPECIFICATIONS .......... 15
DELIVERY/PERFORMANCE LOCATION -- SPECIFIED (JAN 2006) 15
SECTION_IV INFORMATION FOR OFFERORS TO SUBMIT
16
INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (MAR 2015) 16
MINORITY PARTICIPATION (DEC 2015) ......................... 17
SECTION_V ........................................................................... 17
QUALIFICATIONS-REQUIRED INFORMATION (MAR 2015 REVISED)
17
SUBCONTRACTOR – IDENTIFICATION (JAN 2006)……..18
SECTION_VI .......................................................................... 18
AWARD TO ONE OFFEROR (JAN 2006) ............................ 18
SECTION_VIIA....................................................................... 18
ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (FEB 2015) 18
BANKRUPTCY - GENERAL (FEB 2015) ............................ 18
CHOICE-OF-LAW (JAN 2006) ............................................. 19
CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (FEB 2015)
19
3
8
9
13
DISCOUNT FOR PROMPT PAYMENT (JAN 2006) ........... 19
DISPUTES (JAN 2006) .......................................................... 19
EQUAL OPPORTUNITY (JAN 2006) ................................... 20
FALSE CLAIMS (JAN 2006) ................................................. 20
FIXED PRICING REQUIRED (JAN 2006) ........................... 20
IRAN DIVESTMENT ACT – ongoing obligations (JAN 2015) 20
NO INDEMNITY OR DEFENSE (FEB 2015) ....................... 20
NOTICE (JAN 2006) .............................................................. 20
OPEN TRADE (JUN 2015) .................................................... 20
PAYMENT and INTEREST (FEB 2015) ............................... 20
PUBLICITY (JAN 2006) ........................................................ 21
PURCHASE ORDERS (JAN 2006) ....................................... 21
SETOFF (JAN 2006)…………………………………………..21
SURVIVAL OF OBLIGATIONS (JAN 2006) ....................... 21
TAXES (JAN 2006) ................................................................ 21
TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)
22
THIRD PARTY BENEFICIARY (JAN 2006) ....................... 22
WAIVER (JAN 2006) ............................................................. 22
SECTION_VIIB ...................................................................... 22
CHANGES (JAN 2006) .......................................................... 22
CISG (JAN 2006) ..................................................................... 23
COMPLIANCE WITH LAWS (JAN 2006) ........................... 23
CONFERENCE-PRE-PERFORMANCE (JAN 2006)............. .23
CONTRACT LIMITATIONS (JAN 2006)……………………23
CONTRACTOR’S LIABILITY INSURANCE -GENERAL (JAN 2006) 23
CONTRACTOR PERSONNEL (JAN 2006) .......................... 34
CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006) 34
DEFAULT-SHORT FORM (FEB 2015) ................................ 24
DISPOSAL OF PACKAGING 9JAN 2006)…………………..24
ILLEGAL IMMIGRATION (NOV 2008) .............................. 24
INDEMNIFICATION-THIRD PARTY CLAIMS – GENERAL (NOV 2011) 25
INTELLECTUAL PROPERTY INFRINGEMENT (JAN 2006) 25
LICENSES AND PERMITS (JAN 2006) ............................... 26
MATERIAL AND WORKMANSHIP (JAN 2006) …………26
PRICE ADJUSTMENTS (JAN 2006) .................................... 26
PRICING DATA – AUDIT – INSPECTION (JAN 2006)…….26
SHIPPING/RISK OF LOSS (JAN 2006) ................................. 27
SECTION_VIII ....................................................................... 28
BIDDING SCHEDULE (NOV 2007) ..................................... .28
SECTION_IX .......................................................................... 29
NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING
BIDDER INFORMATION: REFERENCES ........................... 31
4
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Solicitation Outline
I.
II.
Scope of Solicitation
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 EQUIPMENT (January 2006): The purpose of this solicitation is to acquire three HVAC
Trane Units for Buildings 14 and 6 complying with the enclosed description and/or specifications and
conditions
It is the intent of the Technical College of the Lowcountry to solicit bids for Trane 15-Ton and 5-Ton
HVAC Units for the Beaufort Campus.
II. INSTRUCTIONS TO OFFERORS – A. GENERAL INSTRUCTIONS
DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015): Clause headings used in this
solicitation are for convenience only and shall not be used to construe meaning or intent. Even if not
capitalized, the following definitions are applicable to all parts of the solicitation, unless expressly
provided otherwise.
AMENDMENT – means a document issued to supplement the original solicitation document.
AUTHORITY– means the State Fiscal Accountability Authority or its successor in interest.
BUSINESS- means any corporation, partnership, individual, sole proprietorship, joint stock company,
joint venture, or any other legal entity.
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.
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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): The Solicitation may be amended at any time
prior to opening. All actual and prospective Offerors should monitor their email for the issuance of
Amendments (b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing
and returning the amendment, (2) by identifying the amendment number and date in the space provided
for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the
bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which
are not modified remain unchanged. [02-2A005-1]
AUTHORIZED AGENT (FEB 2015): All authority regarding this procurement is vested solely
with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement
Officer is the only government official authorized to bind the government with regard to this
procurement or the resulting contract. [02-2A007-1]
AWARD NOTIFICATION (FEB 2015): Notice regarding any award, cancellation of award, or
extension of award will be posted at the location and on the date specified on the Cover Page or, if
applicable, any notice of extension of award. Should the contract resulting from this Solicitation have a
total or potential value of one hundred thousand dollars or more, such notice will be sent to all Offerors
responding to the Solicitation and any award will not be effective until the eleventh day after such
notice is given. [02-2A010-2]
BID / PROPOSAL AS OFFER TO CONTRACT (JAN 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. [02-2A015-1]
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. [02-2A020-1]
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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. [02-2A0251]
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 certificate may render you subject to prosecution under section 169-10 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 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
(2)(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.
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(c) If the offeror deletes or modifies paragraph (a)(2) of this certification, the offeror must furnish
with its offer a signed statement setting forth in detail the circumstances of the disclosure. [022A032-1]
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
(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.
(ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated
for default by any public (Federal, state, or local) entity.
(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and,
persons having primary management or supervisory responsibilities within a business entity (e.g.,
general manager; plant manager; head of a subsidiary, division, or business segment, and similar
positions).
(b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to
contract award, Offeror learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
(c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a
written explanation regarding its inability to make the certification. The certification will be considered
in connection with a review of the Offeror's responsibility. Failure of the Offeror to furnish additional
information as requested by the Procurement Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render, in good faith, the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which
reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad
faith rendered an erroneous certification, in addition to other remedies available to the State, the
Procurement Officer may terminate the contract resulting from this solicitation for default.
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. [022A040-11]
8
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 and that has already been performed by you, a proposed
subcontractor, or an affiliated business of either. [02-2A047-2]
DEADLINE FOR SUBMISSION OF OFFER (JAN 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 Drugfree 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 offer has
and will comply with and has not, and will not, induce a person to violate Title 8, Chapter 13 of the
South Carolina Code of Laws, as amended (ethics act). The following statutes require special attention:
Section 8-13-700, regarding use of official position for financial gain; Section 8-13-705, regarding gifts
to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance
of public official; Sections 8-13-755 and Section 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 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 of 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]
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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 11-355300. [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". [§ 11-35-4210] [02-2A085-1]
PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015): Violation of these
restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a
violation of law.
(a) During the period between publication of the solicitation and final award, you must not
communicate, directly or indirectly, with the Using Governmental Unit or its employees, agents or
officials regarding any aspect of this procurement activity, unless otherwise approved in writing by
the Procurement Officer. All communications must be solely with the Procurement Officer. [R. 19445.2010]
(b) You are advised to familiarize yourself with Regulation 19-445.2165, which restricts donations to
a governmental entity with whom you have or seek to have a contract. You represent that your offer
discloses any gifts made, directly or through an intermediary, by you or your named subcontractors
to or for the benefit of the Using Governmental Unit during the period beginning eighteen months
prior to the Opening Date. [R. 19-445.2165] [02-2A087-1]
PUBLIC OPENING (JAN 2004): Offers will be publicly opened at the date/time and at the location
identified on the Cover Page, or last Amendment, whichever is applicable. [02-2A090-1]
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
10
solicitation's title and number. Oral explanations or instructions will not be binding. [See R. 19445.2042(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, April 23, 2018. Email is the preferred method for
submitting questions to the procurement officer, Title the “Subject Line” of your email,
“Questions HVAC”. Questions must be submitted in an easily copied format such as MS Word.
Email: cmack@tcl.edu.
REJECTION/CANCELLATION (JAN 2004): The State may cancel this solicitation in whole or in
part. The State may reject any or all proposals in whole or in part. [SC Code Section 11-35-1710 &
R.19-445.2065] [02-2A100-1]
RESPONSIVENESS/IMPROPER OFFERS (JUN 2015): (a) Bid as Specified. Offers for supplies
or services other than those specified will not be considered unless authorized by the Solicitation.
(b) Multiple Offers. Offerors may submit more than one Offer, provided that each Offer has significant
differences other than price. Each separate Offer must satisfy all Solicitation requirements. If this
solicitation is an Invitation for Bids, each separate offer must be submitted as a separate document. If
this solicitation is a Request for Proposals, multiple offers may be submitted as one document,
provided that you clearly differentiate between each offer and you submit a separate cost proposal for
each offer, if applicable.
(c) Responsiveness. Any Offer which fails to conform to the material requirements of the Solicitation
may be rejected as nonresponsive. Offers which impose conditions that modify material requirements
of the Solicitation may be rejected. If a fixed price is required, an Offer will be rejected if the total
possible cost to the State cannot be determined. Offerors will not be given an opportunity to correct
any material nonconformity. Any deficiency resulting from a minor informality may be cured or
waived at the sole discretion of the Procurement Officer. [R.19-445.2070 and Section 11-35-1520(13)]
(d) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing
that it is unreasonable as to price. [R. 19-445.2070].
RESTRICTIONS APPLICABLE TO OFFERORS (JAN 2006): 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
11
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/scgovweb/weather_alert.htm.
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 11-351810. 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
12
"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. [02-2A1302]
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 disadvantage 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’s Office
of Small and Minority Business Assistance, Phone: (803)734-0657, Fax (803)734-2498.
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.
(c) If Offeror does not have a TIN, Offeror shall indicate if either a TIN has been applied for or a TIN is
not required. If a TIN is not required, indicate whether (i) Offeror is a nonresident alien, foreign
13
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
register with the S.C. Secretary of State or S.C. Department of Revenue. You can register with the
agencies at http://www.scbos.com/default.htm.)
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 11-351520 and Regulation 19-445.2085.
II. INSTRUCTIONS TO OFFERORS – B. SPECIAL INSTRUCTIONS
CLARIFICATION (NOV 2007): 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]
CONTENTS OF OFFER (RFP) -- SPO (JAN 2006): (a) Offers should be complete and carefully
worded and should convey all of the information requested.
(b) Offers should be prepared simply and economically, providing a straightforward, concise
description of offeror's capabilities to satisfy the requirements of the RFP. Emphasis should be on
completeness and clarity of content.
(c) Each copy of your offer should be bound in a single volume where practical. All documentation
submitted with your offer should be bound in that single volume.
(d) If your offer includes any comment over and above the specific information requested in the
solicitation, you are to include this information as a separate appendix to your offer. Offers which
include either modifications to any of the solicitation's contractual requirements or an offeror's
standard terms and conditions may be deemed non-responsive and not considered for award.
[02-2B040-1]
MAIL PICKUP (JAN 2006): The Technical College of the Lowcountry picks up all mail from The
US Postal Service once daily around 3:00 p.m. (excluding weekends and holidays). See provision
entitled Deadline for Submission of Offer.
OFFERING BY LOT (JAN 2006): Offers may be submitted for one or more lots.
14
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 protestmmo@mmo.state.sc.us,(b) by facsimile at (803)737-0639 (c) by post or delivery to 1201 Main Street,
Suite 600, Columbia, SC 29201.
SITE VISIT (JAN 2006): A site visit will be held at the following date, time and location. 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 conditions 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.
Location, date and time: Technical College of the Lowcountry, Building 3 Conference Room,
921 Ribaut Road, Beaufort, SC 29902; April 23, 2018 at 10:00 AM.
III. SCOPE OF WORK / SPECIFICATIONS
The Technical College of the Lowcountry is requesting bids for two Trane 15-Ton HVAC Units for
Building 14 and one 5-Ton Unit for Building 6. Contractor will work with Director of Facility
Management for access to buildings and parking lots upon installation. Contractor will be responsible
for removing and disposing of HVAC units being replaced.
DELIVERY / PERFORMANCE LOCATION - SPECIFIED (JAN 2006): After award, all
deliveries shall be made and all services provided to the following addresses, unless otherwise specified:
Technical College of the Lowcountry
921 Ribaut Road
Beaufort, SC 29902
SPECIFICATIONS:
Building 6: New Trane Unit will replace existing Unit “C” Condensing Unit Model/Serial Number
2TWR3060A1000AA/71952XD2F & Air Handler Model/Serial Number TWE060D150A0/J32830261
and Electric Heat Model #BAY96X3415 with new 5-Ton Split System Heat Pump with electric heat,
with no less than 15 SEER.
Requirements:
a) Lockout Tagout existing equipment
b) Disconnect existing electrical, ductwork and refrigerant piping serving unit.
c) Decommission and remove existing split system heat pump
d) Provide rigging services
e) Furnish and install new Trane Split System
1) Coated coils
2) Furnish and install existing refrigerant piping
3) Provide and install new plastic safety pan for air handler
4) Contractor shall remove existing suction line core shell
f) Contractor shall start-up and verify proper operation of split system heat pump
g) Install complete on existing duct system
h) Provide an extended Five (5) Year all-inclusive parts and labor warranty
i) All building, electrical, mechanical and fire codes shall be in-compliance with State Codes
15
Building 14: New Trane units will replace “RTU-A” existing Model/Serial
#YCD180B3H0CA/J01143737D and “RTU-B” existing Model/Serial
#YCB181B3H0DC/K38103B49D with new 15-Ton Packaged Gas-Fired Roof Top Units, require a
minimum 10.8 EER and 12.20 IEER.
Requirements:
a) Lockout Tagout existing equipment
b) Disconnect existing electrical, ductwork, and gas piping serving unit
c) Decommission and remove existing roof top unit
d) Provide rigging services
e) Furnish and install new Trane Roof Top Unit (RTU)
1) Downflow
2) Stainless steel heat exchanger
3) Low gas heat
4) Hinged access panels
5) 2” Filters
6) Coated coil with hail guard
7) Provide powered exhaust for units with existing powered exhaust
8) Provide outside air economizer with enthalpy control
9) Provide with a curb adapter if needed to insure a complete and professional installation
f) Furnish and install new outdoor disconnect, reusing existing electrical wiring from source to
disconnect
g) Size and reconnect gas piping to unit
h) Contractor shall start-up and verify proper operation of equipment
i) Install complete on existing duct system
j) Provide an extended five (5) Year all-inclusive parts and labor warranty
k) All building, electrical, mechanical and fire codes must be in-compliance with State codes
Building Energy Management Controls:
Contractor shall coordinate with Control Management Inc (CMI) at (803)765-9070 and include a fee
from CMI as required to replicate and/or improve the existing fully functioning and operational
communication link between the Building Management System (BMS) and new units without any
need for further intervention on the part of the owner or any other entity. Contractor will coordinate
fully with CMI prior to altering any existing control circuit or mechanism.
Contractor shall coordinate with CMI as required to insure the new units can be started and controlled
to regulate both the amount and temperature of supply air to the building in heating and cooling modes.
Include means to verify status of all fan and compressor motors or any other electrical equipment to be
either controlled or monitored by the existing Building Management System.
Contractor shall coordinate fully to insure all required motorized damper and monitoring devices are
provided.
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.
16
Bidding Schedule/Price Proposal; and any appropriate attachments addressed in section IX. Attachments
to Solicitations
Offeror must submit three references of similar size and scope. Include the company’s name,
contact person’s name, address of company and telephone number and email address if available.
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]
V. QUALIFICATIONS
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
17
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 (JAN 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. [05-5030-1]
VI. AWARD CRITERIA
AWARD TO ONE OFFEROR (JAN 2006): Award will be made to one Offeror. [06-6040-1]
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.
18
(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 (JAN 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. [07-7A010-1]
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
19
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 thencurrent 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 11-355300. [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
20
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 1135-45, 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 3431-20, 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.
SETOFF (JAN 2006): The state shall have all of its common law, equitable, and statutory rights of setoff. 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
21
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 therefor. 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;
(c) place of delivery;
(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
22
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.
(c) Every applicable Using Governmental Unit, and the officers, officials, employees and volunteers of
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
23
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]
DISPOSAL OF PACKAGING (JAN 2006): Contractor shall dispose of all wrappings, crating, and
other disposable materials pertaining to this contract at the end of each working day and upon completion
of installation. [07-7B085-1]
ILLEGAL IMMIGRATION (NOV. 2008): (An overview is available at www.procurement.sc.gov) By
24
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 conviction, 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 subcontractors 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]
INTELLECTUAL PROPERTY INFRINGEMENT (JAN 2006): (a) Without limitation and
notwithstanding any provision in this agreement, Contractor shall, upon receipt of notification, defend
and indemnify the State, its instrumentalities, agencies, departments, boards, political subdivisions and
all their respective officers, agents and employees against all actions, proceedings or claims of any nature
(and all damages, settlement payments, attorneys' fees (including inside counsel), costs, expenses, losses
or liabilities attributable thereto) by any third party asserting or involving an IP right related to an
acquired item. State shall allow Contractor to defend such claim so long as the defense is diligently and
capably prosecuted. State shall allow Contractor to settle such claim so long as (i) all settlement
payments are made by Contractor, and (ii) the settlement imposes no non-monetary obligation upon
State. State shall reasonably cooperate with Contractor's defense of such claim. (b) In the event an
injunction or order shall be obtained against State's use of any acquired item, or if in Contractor's opinion,
the acquired item is likely to become the subject of a claim of infringement or violation of an IP right,
Contractor shall, without in any way limiting the foregoing, and at its expense, either: (1) procure for
State the right to continue to use, or have used, the acquired item, or (2) replace or modify the acquired
item so that it becomes non-infringing but only if the modification or replacement does not adversely
affect the specifications for the acquired item or its use by State. If neither (1) nor (2), above, is practical,
State may require that Contractor remove the acquired item from State, refund to State any charges paid
by State therefore, and take all steps necessary to have State released from any further liability. (c)
25
Contractors obligations under this paragraph do not apply to a claim to the extent (i) that the claim is
caused by Contractor's compliance with specifications furnished by the State unless Contractor knew its
compliance with the State's specifications would infringe an IP right, or (ii) that the claim is caused by
Contractor's compliance with specifications furnished by the State if the State knowingly relied on a
third party's IP right to develop the specifications provided to Contractor and failed to identify such
product to Contractor. (d) As used in this paragraph, these terms are defined as follows: "IP right(s)"
means a patent, copyright, trademark, trade secret, or any other proprietary right. "Acquired item(s)"
means the rights, goods, or services furnished under this agreement. "Specification(s)" means a detailed,
exact statement of particulars such as a statement prescribing materials, dimensions, and quality of
work. (e) Contractor's obligations under this clause shall survive the termination, cancellation, rejection,
or expiration of this Agreement. [07-7B105-1]
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]
MATERIAL AND WORKMANSHIP (JAN 2006): Unless otherwise specifically provided in this
contract, all equipment, material, and articles incorporated in the work covered by this contract are to be
new and of the most suitable grade for the purpose intended. [07-7B120-1]
PRICE ADJUSTMENTS (JAN 2006): (1) Method of Adjustment. Any adjustment in the contract
price made pursuant to a clause in this contract shall be consistent with this Contract and shall be arrived
at through whichever one of the following ways is the most valid approximation of the actual cost to the
Contractor (including profit, if otherwise allowed):
(a) by agreement on a fixed price adjustment before commencement of the pertinent performance or as
soon thereafter as practicable;
(b) by unit prices specified in the Contract or subsequently agreed upon;
(c) by the costs attributable to the event or situation covered by the relevant clause, including profit if
otherwise allowed, all as specified in the Contract; or subsequently agreed upon;
(d) in such other manner as the parties may mutually agree; or,
(e) in the absence of agreement by the parties, through a unilateral initial written determination by the
Procurement Officer of the costs attributable to the event or situation covered by the clause, including
profit if otherwise allowed, all as computed by the Procurement Officer in accordance with generally
accepted accounting principles, subject to the provisions of Title 11, Chapter 35, Article 17 of the S.C.
Code of Laws.
(2) Submission of Price or Cost Data. Upon request of the Procurement Officer, the contractor shall
provide reasonably available factual information to substantiate that the price or cost offered, for any
price adjustments is reasonable, consistent with the provisions of Section 11-35-1830.
[07-7B160-1]
PRICING DATA -- AUDIT -- INSPECTION (JAN 2006): [Clause Included Pursuant to Section 1135-1830, - 2210, & -2220] (a) Cost or Pricing Data. Upon Procurement Officer's request, you shall
submit cost or pricing data, as defined by 48 C.F.R. Section 2.101 (2004), prior to either (1) any award
to contractor pursuant to 11-35-1530 or 11-35-1560, if the total contract price exceeds $500,000, or (2)
execution of a change order or contract modification with contractor which exceeds $100,000. Your
price, including profit or fee, shall be adjusted to exclude any significant sums by which the state finds
that such price was increased because you furnished cost or pricing data that was inaccurate, incomplete,
or not current as of the date agreed upon between parties. (b) Records Retention. You shall maintain
26
your records for three years from the date of final payment, or longer if requested by the chief
Procurement Officer. The state may audit your records at reasonable times and places. As used in this
subparagraph (b), the term "records" means any books or records that relate to cost or pricing data
submitted pursuant to this clause. In addition to the obligation stated in this subparagraph (b), you shall
retain all records and allow any audits provided for by 11-35-2220(2). (c) Inspection. At reasonable
times, the state may inspect any part of your place of business which is related to performance of the
work. (d) Instructions Certification. When you submit data pursuant to subparagraph (a), you shall (1)
do so in accordance with the instructions appearing in Table 15-2 of 48 C.F.R. Section 15.408 (2004)
(adapted as necessary for the state context), and (2) submit a Certificate of Current Cost or Pricing Data,
as prescribed by 48 CFR Section 15.406-2(a) (adapted as necessary for the state context). (e)
Subcontracts. You shall include the above text of this clause in all of your subcontracts. (f) Nothing in
this clause limits any other rights of the state.
[07-7B185-1]
SHIPPING / RISK OF LOSS (JAN 2006): F.O.B. Destination. Destination is the shipping dock of
the Using Governmental Units' designated receiving site, or other location, as specified herein. (See
Delivery clause) [07-7B220-1]
27
VIII. BIDDING SCHEDULE / PRICE-BUSINESS PROPOSAL
BIDDING SCHEDULE (NOV 2007)
Trane 15-Ton Units for the Technical College of the Lowcountry.
Agency Req.:
TCLHVAC032018
Item
Commodity /
Service
1
031-06
Quantity
Unit Of
Measure
1
EA
Unit Cost
Extended Cost
Description: Building 6 – 5-Ton Trane Unit with no less than 15 SEER
Agency Req.:
TCLHVAC032018
Item
Commodity /
Service
1
031-06
Quantity
Unit Of
Measure
1
EA
Unit Cost
Extended Cost
Description: Building 14 RTU-A – 15-Ton Trane Unit Requires minimum 10.8 SEER & 12.20
IEER
Agency Req.:
TCLHVAC032018
Item
Commodity /
Service
1
031-06
Quantity
Unit Of
Measure
1
EA
Unit Cost
Extended Cost
Description: Building 14 RTU-B –15-Ton Trane Unit Requires a minimum 10.8 SEER & 12.20
IEER
28
IX. ATTACHMENTS TO SOLICITATION
IMPORTANT TAX NOTICE - NONRESIDENTS ONLY
Withholding Requirements for Payments to Nonresidents: Section 128-550 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. 292140140. All withholding questions should be directed to the
Withholding Section at 803-898-5383.
29
STATE OF SOUTH CAROLINA
I-312
DEPARTMENT OF REVENUE NONRESIDENT
(Rev. 5/7/04)
3323
TAXPAYER
REGISTRATION AFFIDAVIT
INCOME TAX WITHHOLDING
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:
5.
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):
ڤThe 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 12-8570 (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)
If Corporate officer state
title:
(Name - Please Print)
Mail to: The company or individual you are contracting with.
30
Date
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
REREAD
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
EXPRESSLY REQUIRED, DO NOT INCLUDE ANY ADDITIONAL BOILERPLATE CONTRACT
CLAUSES.
YOUR ENTIRE BID/PROPOSAL TO MAKE SURE YOUR BID/PROPOSAL DOES NOT TAKE
EXCEPTION TO ANY OF THE STATE'S MANDATORY REQUIREMENTS.
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 PREBID/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.
31
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