request for proposal - pickens.k12.sc.us · 6 i. proposal content each proposer must respond with...

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1 Request for Proposal Date Issued: 1-16-19 Coordinator of Procurement: Kate Wilson Solicitation Number: RFP 119-1-2-12 Phone: 864-397-1035 Email: [email protected] Description: Mechanical Engineering Services The term “Offer” means your “Bid” or “Proposal”. Your offer must be submitted in a sealed package. The solicitation number and opening date must appear on package exterior. QUESTIONS MUST BE RECEIVED BY: Wednesday, January 30, 2019 before 10:00 AM. All questions should be emailed to Kate Wilson at [email protected]. SUBMIT OFFER BY: Tuesday, February 12, 2019 before 10:00 AM EST. SUBMIT YOUR OFFER TO THE FOLLOWING ADDRESS IN A SEALED ENVELOPE: The School District of Pickens County Attn: Kate Wilson RFP#: 119-1-2-12 Mechanical Engineering Services 1348 Griffin Mill Road Easley, SC 29640 NUMBER OF COPIES TO BE SUBMITTED: One (1) marked “Original” and five (5) marked “Copy”. AWARDS & AMENDMENTS: The award, this solicitation, any amendments, and any related notices will be posted at the following web address: www.pickens.k12.sc.us . Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the Offeror must be a single and distinct legal entity.

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Page 1: Request for Proposal - pickens.k12.sc.us · 6 I. Proposal Content Each Proposer must respond with information in sequence to each of the following. Failure to respond to each of the

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Request for Proposal

Date Issued: 1-16-19 Coordinator of Procurement: Kate Wilson

Solicitation Number: RFP 119-1-2-12 Phone: 864-397-1035

Email: [email protected] Description: Mechanical Engineering Services

The term “Offer” means your “Bid” or “Proposal”. Your offer must be submitted in a sealed package.

The solicitation number and opening date must appear on package exterior.

QUESTIONS MUST BE RECEIVED BY: Wednesday, January 30, 2019 before 10:00 AM. All

questions should be emailed to Kate Wilson at [email protected].

SUBMIT OFFER BY: Tuesday, February 12, 2019 before 10:00 AM EST.

SUBMIT YOUR OFFER TO THE FOLLOWING ADDRESS IN A SEALED ENVELOPE:

The School District of Pickens County

Attn: Kate Wilson

RFP#: 119-1-2-12

Mechanical Engineering Services

1348 Griffin Mill Road

Easley, SC 29640

NUMBER OF COPIES TO BE SUBMITTED: One (1) marked “Original” and five (5) marked

“Copy”.

AWARDS & AMENDMENTS: The award, this solicitation, any amendments, and any related

notices will be posted at the following web address: www.pickens.k12.sc.us .

Any award issued will be issued to, and the contract will be formed with, the entity identified as the

Offeror. The entity named as the Offeror must be a single and distinct legal entity.

Page 2: Request for Proposal - pickens.k12.sc.us · 6 I. Proposal Content Each Proposer must respond with information in sequence to each of the following. Failure to respond to each of the

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Table of Contents

Offeror’s Must Provide the Following Information .................................................................................3

Geographical/Scope of Work ......................................................................................................................5

Proposal Content ..........................................................................................................................................6

Qualifications................................................................................................................................................7

Evaluation Criteria ......................................................................................................................................7

Award Criteria ...........................................................................................................................................11

Term of Contract .......................................................................................................................................12

Instructions to Proposers ..........................................................................................................................12

Proposed Procurement Schedule ..............................................................................................................13

Notification .................................................................................................................................................13

General Provisions .....................................................................................................................................14

General Terms and Conditions ................................................................................................................20

References ...................................................................................................................................................31

Bid Certification .........................................................................................................................................32

Signature Page ............................................................................................................................................33

Offeror’s Checklist.....................................................................................................................................34

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OFFERORS MUST PROVIDE THE FOLLOWING INFORMATION:

NAME OF COMPANY/OFFEROR/TITLE TAX PAYER IDENTIFICATION NUMBER (Full Legal Name of business submitting the offer) (Federal ID or Social Security Number)

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.

SC CERTIFIED MINORITY VENDOR? YES or NO (circle one) STATE OF INCORPORATION: If yes, South Carolina Certification Number: (If you are a corporation, identify the state of incorporation)

________________________________________________ _____________________________________

SC Contractor’s License Number (if applicable)

OFFEROR'S TYPE OF ENTITY: (Check one) ACKNOWLEDGMENT OF AMENDMENTS/ADDENDA: □ Sole Proprietorship Amendment Number: _______ Date Issued: ___________

□ Partnership Amendment Number: _______ Date Issued: ___________

□ Corporate entity (not tax-exempt) Amendment Number: _______ Date Issued: ___________

□ Corporation (tax-exempt) Amendment Number: _______ Date Issued: ___________

□ Government entity (federal, state, or local) (Offeror acknowledges receipts of amendments/addenda by indicating

□ Other________________________ amendment number and its date of issue)

HOME OFFICE ADDRESS PAYMENT ADDRESS (Address for Offeror’s home office/principal place of business) (Address to where payments will be sent)

_____________________________________________________ ____________________________________________________

CITY STATE ZIP CODE CITY STATE ZIP CODE

_____ Payment address same as Home Office Address

(AREA CODE) TELEPHONE NUMBER _____ Payment address same as Notice of Address (check only one)

(AREA CODE) FACSIMILE NUMBER

___________________________________________________________________________________________

EMAIL ADDRESS:

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 ninety (90)

calendar days after the opening date or longer if required by the District.

The School District of Pickens County hereafter referred to as the “District” or “SDPC”, assumes no

responsibility for improperly marked or misdirected RFP responses and/or correspondence related to this

document.

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___________________________________________________ _________________________________________________

NOTICE ADDRESS ORDER ADDRESS (Address to which all procurement and contract related notices (Address to which purchase orders will be sent)

should be sent)

____________________________________________________ ___________________________________________________

CITY STATE ZIP CODE CITY STATE ZIP CODE

_________________________________________________

(AREA CODE) TELEPHONE NUMBER

_____ Order address same as Home Office Address

_________________________________________________ _____ Order address same as Notice of Address

(AREA CODE) FACISIMILE NUMBER (check only one)

___________________________________________________________________________________________

EMAIL ADDRESS

I/WE THE UNDERSIGNED UNDER PENALTIES OF PERJURY CERTIFY:

1. COMPLIANCE WITH ALL PROVISIONS AND CLAUSES BY REFERENCE IDENTIFIED HEREIN.

2. RECOGNITION THAT THIS SOLICITATION IS GOVERNED BY THE SCHOOL DISTRICT OF PICKENS COUNTY PROCUREMENT CODE.

3. COMPLIANCE WITH THE CODE OF LAWS OF SOUTH CAROLINA REGARDING THE ETHICS, GOVERNMENT COMPLIANCE WITH S.C. TAX

WITHHOLDING AMENDMENTS SECTION 12-9-310(A) 2(3).

4. SUBMISSION OF A RESPONSE TO THIS BID/PROPOSAL DOES NOT VIOLATE ANY FEDERAL OR STATE ANTI-TRUST LAWS.

5. COMPLIANCE WITH ALL REQUIREMENTS OF THE SOUTH CAROLINA DRUG-FREE WORKPLACE ACT, SECTION 44-107-10 ET SEQ, S.C. CODE

ANN, (1976). (Applicable to awards in excess of $50,000.00).

6. TO FURNISH ITEM(S) AND OR SERIVICE(S) IDENTIFIED HEREIN, AT THE PRICE(S) QUOTED, PURSUANT TO ALL TERMS, CONDITIONS,

PROVISIONS, AND SPECIFICATIONS CONTAINED IN THIS DOCUMENT OR ANY SUBSEQUENT WRITTEN AMMENDMENTS, WHICH CLEARLY

REFERENCE THIS PROPOSAL NUMBER.

7. SECTION 11-35-3020(2) (b) (I) OF THE SOUTH CAROLINA CODE OF LAWS, 1976, AS AMENDED PROVIDES: ANY BIDDER IN REPONSE TO AN REQUEST

FOR PROPOSALS SHALL SET FORTH IN HIS BID THE NAME OF EACH SUBCONTRACTOR SO IDENTIFIED IN THE REQUEST FOR PROPOSALS. IF THE

BIDDER DETERMINES TO USE HIS OWN EMPLOYEE(S) TO PERFORM ANY PORTION OF THE WORK FOR WHICH HE WOULD OTHERWISE BE

REQUIRED TO LIST A SUBCONTRACTOR AND IF THE BIDDER IS QUALIFIED TO PERFORM SUCH WORK UNDER THE TERMS OF THE REQUEST FOR

PROPOSALS, THE BIDDER SHALL LIST HIMSELF IN THE APPROPRIATE PLACE IN HIS BID AND NOT SUBCONTRACT ANY OF THAT WORK EXCEPT

WITH THE APPROVAL OF THE USING AGENCY FOR GOOD CAUSE SHOWN.

________________________________________________ __________________________________________________

AUTHORIZED SIGNATURE PRINTED NAME (Person must be authorized to submit binding offeror (Printed name of person signing above)

to contract on behalf of Offeror)

_____________________________________________ _______________________________________________

TITLE (Business Title of person signing above) DATE SIGNED

*****BID MUST BE SIGNED BY AUTHORIZED AGENT TO BE VALID****

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Geographical:

The School District of Pickens County is a political subdivision and body politic of the State of

South Carolina, whose boundaries are coextensive with Pickens County, South Carolina,

encompassing a land area of 501 square miles bordered on the north by the State of North Carolina,

the east by Greenville County, the south by Anderson County, and the west by Oconee County.

The District currently consists of twelve (12) elementary schools, two (2) magnet schools, five (5)

middle schools, four (4) high schools, one (1) career center, one (1) opportunity school, one (1)

adult learning center, (1) district office, one (1) technology/transportation/special services facility,

one (1) operations/student nutrition facility, and three (3) bus offices. Additional basic information

about the District is posted on the District’s website: www.pickens.k12.sc.us.

Scope of Work:

The School District of Pickens County, hereafter referred to as the “District”, “PCSD” or

“SDPC”, is accepting sealed proposals from qualified South Carolina Licensed Mechanical

Engineering Firms for “On Call/As Needed” and Project-by-Project Basis. The District is

proposing to make an award to one (1) or more firms who meet all requirements of this RFP.

The School District of Pickens County is the official entity that will make decisions as to the

selection of Engineering Firm(s) and the District reserves the right to select one or more firms

based upon the nature and scope of the projects, in addition to the size and experience of qualified

firms.

A short list will be developed for interviews. Notification in writing of those firms selected for

interviews will be provided to all those responding to the RFP. Interviews with those firms short

listed will be held at a date, time, and place to be determined.

This RFP is made for information and planning purposes only. The District does not intend to

award a contract solely on the basis of any response made to this request or otherwise pay for the

information solicited or obtained. The School District will be the judge as to whether a proposal

has or has not met the requirements of this RFP.

The District reserves the right to retain mechanical engineering services through the RFQ/RFP/IFB

process, from SC State Contract, and/or any other sources without limitation.

The District reserves the right to add or delete similar items/services specified in contract as

requirements change during the course of the contract. During the term of the contract period, and

because of new technology advances, if it is found that new services in this category are required

by the district, the district reserves the right to negotiate price for the new service(s) with the

successful contractor and add the new service (s) to the existing contract.

NOTE: ALL District employees are prohibited from submitting proposals pursuant to this RFP.

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I. Proposal Content

Each Proposer must respond with information in sequence to each of the following. Failure to

respond to each of the items below may result in your proposal being deemed non-responsive:

1. A cover letter which includes a summary of the Offeror’s ability to perform the services described

herein and a statement that the Offeror is willing to perform those services and enter into a

contract with the District.

2. Following the cover letter should be pages 3 & 4, References, Bid Certification, and Signature

Page. Page 4 must be signed by a person having authority to commit the Offeror to a contract.

3. Table of Contents:

Include a clear identification of the material by section and page number.

4. Company Profile

5. Letter of Transmittal:

(a) Briefly state the proposer’s understanding of the work to be done and make a positive

commitment to perform the work;

(b) Give the name(s) of the person(s) who will be authorized to make representations for your

firm, their title, address and telephone number. One company representative must be clearly

assigned to the District as the point of contact for all performance and contract issues. Include

representative’s name, telephone number, email address and any other appropriate means for

contact for the representative. A resume must be submitted for each representative assigned to

the District.

6. Offerors should provide evidence of experience in the form of a description of past activities

which substantiate Offeror’s ability and success in similar projects/contracts. Offerors may

include other evidence of Mechanical Engineering experience and/or expertise.

7. Provide a response to the District Standards of Responsibility (Qualifications).

8. Proposer’s Qualifications and Understanding of Work:

Include your proposed methodology and procedures for accomplishing similar as-needed

projects/contracts.

9. Provide a detailed, narrative statement listing the five (5) most recent comparable contracts

(including contact information) which you have performed. Include a contact name and phone

number. The District reserves the right to consider the level of customer satisfaction in award of a

contract. The District reserves the right to consider historic information and fact, whether gained

from the Offeror’s proposal, references, or any other source. Should the references volunteer any

information outside the specific questions, this information may be used in the evaluation process.

10. Cost/fee associated with the sale of Real Estate: Please provide your firm’s typical fee schedule

for this type of “On Call/As Needed” contract. This information will not be used as part of the

evaluation, as fees will be negotiated after award of a contract, pending an award is made.

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II. Qualifications

To be eligible for award of a contract, a prospective proposer must be responsible. In

evaluating an Offeror’s responsibility, the District Standards of Responsibility, and

information from any other source may be considered. An Offeror must, upon request of the

District, furnish satisfactory evidence of its ability to meet all contractual requirements.

Unreasonable failure to supply information promptly in connection with a responsibility

inquiry may be grounds for determining that you are ineligible to receive an award.

District Standards of Responsibility: Factors to be considered in determining whether the

District Standards of Responsibility have been met include whether a prospective contractor

has:

1. Available the appropriate financial, material, equipment, facility and personnel

resources and expertise, or the ability to obtain them, necessary to indicate it’s

capability to meet all contractual requirements;

2. A satisfactory record of performance;

3. A satisfactory record of integrity;

4. Qualified legally to contract with the District; and

5. Supplied all necessary information in connection with the inquiry concerning

responsibility.

III. Evaluation Criteria

All bids/proposals will be reviewed for purposes of determining responsiveness and

responsibility. Any bid/proposal, which does not meet the essential requirements of the

District, will be subject to disqualification. For purposes of determining responsibility, all

information given by the proposer concerning its availability to perform fully the contract

requirements and the integrity and reliability of the proposer will be reviewed. The submission

of a bid/proposal for review does not necessarily qualify the proposer or bid/proposal as being

responsive or responsible. Failure to provide specific information, as requested, for use in our

evaluation will cause your bid/proposal to be disregarded.

Evaluation Factors: Offers will be evaluated using only the factors stated below. Evaluation

factors are stated in the relative order of importance, with the first factor being the most

important. Once evaluations are complete, all responsive Offerors will be ranked from most

advantageous to least advantageous. The proposer shall fully and in detail respond to each

factor below. The evaluation factors are assigned points that will be multiplied by percentages

indicating the quality of the response to each factor.

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The following criteria will be graded as part of the District’s Evaluation Process for final

ranking of firms and Contract Award:

A. Past Performance

B. Ability of Professional Personnel of the Firm

C. Demonstrated ability to meet time and budget requirements

D. Location and Knowledge of the locality of potential District projects

E. Recent, current, and projected workload

F. Creativity and insight related to past/current projects

G. Related experience on similar projects

H. Volume of previous work performed for the School District of Pickens County over the

past five (5) years

Grading Format – Each of the above listed criteria will be graded individually. The point value for each

criterion shall be multiplied by the percentage grade to give the criterion score. All scores will be summed

to give the grand total score. The maximum possible grand total score for the RFP response is 100 points.

CRITERION POINT VALUE PERCENTAGE

GRADE

SCORE

Price (Cost Proposal) 40

Past Performance 15

Ability of Professional

Personnel of the Firm

10

Demonstrated ability to meet

time and budget requirements

10

Location and Knowledge of the

locality of potential District

Projects

5

Recent, current, and projected

workload

5

Creativity and insight related to

past/current projects

5

Related experience on similar

projects

5

Volume of previous work

performed for the School

District of Pickens County over

the past five (5) years

5

GRAND TOTAL SCORE

(Possible 100)

100

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PERCENTAGE GRADES

GRADE DESCRIPTION

0% Unsatisfactory: Does not satisfy the requirements of the criterion in any manner.

20% Very Poor: Minimally addresses some, but not all, of the requirements of the criterion. Lacking

in critical areas.

40% Poor: Barely meets most of the requirements of the criterion to the minimum acceptable level.

May be lacking in some areas that are not critical.

60% Average: Adequately meets most of the requirements of the criterion. May be lacking in some

areas that are not critical.

80% Good: Exceeds the requirements of the criterion but in a manner in which is not particularly

beneficial to the District’s needs.

90% Very Good: Exceeds the requirements of the criterion in ways that are beneficial to the

District’s needs.

100% Excellent: Exceeds the requirements of the criterion in superlative beneficial ways / very

desirable.

This solicitation does not commit the District to award a contract, to pay any costs incurred in the

preparation of the proposal or to procure any good or services.

The School District of Pickens County reserves the right to reject any and all proposals and to award the

contract on the basis of benefits other than price alone. It further reserves the right to purchase based upon

price and/or benefits, which best meet the needs of the district.

All proposals should comply with the requirements and specifications as set forth by The School District of

Pickens County, including shipping costs. Shipping must be FOB (destination freight prepaid). Include all

shipping/delivery charges in your cost proposal.

A. After completion of evaluations by the committee, the cost proposed by each Offeror shall be added to

the average technical scores. The overall lowest fee will be assigned the highest maximum points and

the remainder of the proposed fees will be assigned lesser points in proportion to the lowest fees.

Proposed costs shall be stated as required in solicitation.

B. Offerors shall be ranked from highest to lowest total point scores. Negotiations shall commence with

the Offeror receiving the highest total score and shall proceed down the rankings until the District has

successfully negotiated the fees and contract terms with an Offeror or the District determines that no

satisfactory contract can be negotiated.

The proposal shall be inclusive of all costs that the bidder expects the District to pay. The bidder’s

cost proposal shall include all materials, shipping/deliveries, handling, and other costs required to

provide and deliver the product. All shipping and delivery costs shall be incorporated into the bid

pricing, and shall be freight prepaid and allowed, F.O.B. Destination. The District will include

South Carolina Sales Tax and County local tax (if applicable) in individual purchase orders as

applicable.

Award will be made to the highest ranked, responsive, and responsible Offeror whose offer met

the requirements of this proposal and is determined to be the most advantageous to the District.

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NOTE: The District may or may not hold discussions for purposes of clarification or engage in

negotiations with a proposer. Proposers should not expect to have the opportunity to provide a

demonstration, have discussions with the District or engage in negotiations solely due to the fact

that they submitted a proposal. Proposals shall be complete and contain the proposer’s best and

final offer.

This solicitation does not commit or in any way obligate the District to award a contract, to pay

any costs incurred in the preparation of the proposal or to issue an award for any service or work

product.

The District reserves the right to accept or reject, in part or in entirety, any or all proposals and to

cancel in part or in entirety, this solicitation if it is in the best interest of the District. The District

reserves the right to waive any informalities or technicalities in the solicitation or proposals in

order to serve the best interest of the District.

Prices submitted shall be inclusive of all costs that the proposer expects the District to pay. The

prices proposed shall include all materials, labor, equipment, tools, taxes and consumables,

shipping (FOB), etc. required to provide all aspects of the project, as stated in the Costs Proposal

requirements. The District shall not honor hidden or undisclosed costs.

Those proposals found to be responsive shall be further evaluated by an evaluation committee as

follows.

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IV. Award Criteria

Upon receipt of all proposals, by the date and time specified in the RFP, the Procurement Office shall

review all proposals for responsiveness to the proposal instructions. The District shall retain the right to

consider any proposal as non-responsive based solely on its judgment that the proposal does not

satisfactorily meet the criteria of the proposal instructions or the District’s Procurement Code.

All proposals will be reviewed for purposes of determining responsiveness and responsibility. Any

proposal, which does not meet the essential requirements of the District, will be subject to

disqualification. For purposes of determining responsibility, all information given by the proposer

concerning its availability to perform fully the contract requirements and the integrity and reliability of the

proposer will be reviewed. The submission of a proposal for review does not necessarily qualify the

proposer or proposal as being responsive or responsible. Failure to provide specific information, as

requested, for use in our evaluation will cause your proposal to be disregarded.

The evaluation team may request written or oral clarifications of any proposal received. However, the

District may, at its sole discretion, refuse to accept in full or in part the response to a clarification request

given by any vendor. Vendors are cautioned that the evaluators are not required to request clarification;

therefore, all offers should be complete and reflect the most favorable terms. The District reserves the

right to reject any and all offers when such rejection is deemed to be in the best interest of the District.

The District may conduct discussions with responsible proposers who submit proposals for the purpose of

clarification to assure full understanding of the requirements of the RFP and for the clarification of any

proposal.

The District is not required to conduct discussions or negotiations with any proposer and reserves the

exclusive right to determine if and when firms shall be involved in any discussion or demonstration.

In the event that the District receives duplicate, similar, or equal proposals, the Coordinator of

Procurement shall award proposals in accordance with the District’s Procurement Code.

The decision shall be final.

The award will be made to the responsive and responsible bidder whose proposal is determined to be most

advantageous to the District, taking into consideration all evaluation factors set forth in this RFP,

including if it is in the District’s best interest.

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V. Term of Contract/Option to Renew:

The initial term of any contract resulting from this RFP shall be for one (1) year, with initial

services to begin on or before March 18, 2019 through March 17, 2020. The district, at its

discretion, may extend the contract for four (4) additional periods of one (1) year each. The

contract will automatically renew on each anniversary date as long as both parties desire to

maintain said contract. Renewal on the part of the District will be based upon satisfactory

Contractor performance. Should either party wish not to renew the contract at the end of a

contract period, notification shall be submitted in writing to the other party as follows:

notification by the successful firm shall be given to the District no less than ninety (90) calendar

days prior to the contract renewal date, and, should the District elect not to renew the contract, a

minimum thirty (30) days’ notice shall be provided to the contracted firm. The District’s right to

terminate the contract during the contract period will be governed by Item 52 of the General

Terms and Conditions.

VI. Instructions to Proposers:

1. The District requires that at one (1) original and five (5) copies of the bid/proposal be submitted to

the Procurement Office no later than the deadline specified to receive bids/proposals. Any

bids/proposals received after the scheduled deadline will be disqualified immediately in

accordance with the District’s policy.

2. All bids/proposals should be complete and must convey all of the information requested by the

District. If significant errors are found in an Offeror’s bid/proposal, or if an Offeror’s bid/proposal

fails to conform to the requirements of this solicitation, the District may elect to reject the

bid/proposal.

3. When specifications or descriptive literature are submitted with the proposal, enter the proposer’s

name and address thereon.

4. Bid prices shall remain valid and in effect for ninety (90) calendar days from the bid due date.

5. Bid prices submitted shall be inclusive of all costs that the bidder expects the District to pay. The

bidder’s prices bid shall include all materials, shipping, delivery (FOB), handling, installation,

warranty, as stated in RFP, to complete the project(s). All shipping, delivery costs, fuel charges,

installation, and warranty shall be incorporated into the bid pricing, and shall be freight prepaid

and allowed. FOB Bids that show prices subject to change or that are not FOB Destination will not

be considered.

6. Do Not include any taxes in the quote/bid price. Taxes are not included in the tabulation of

quotes/bids.

7. All proposals shall comply with the requirements and specifications as set forth by The School

District of Pickens County, including shipping costs. Shipping must be FOB destination freight

prepaid. Please include all shipping/delivery charges in your unit price. All items are to be shipped

according to instructions on purchase order.

8. All bids/proposals must be in a sealed envelope and have clearly marked on the envelope:

Name of Firm

Address

Sealed Proposal # 119-1-2-12

Mechanical Engineering Services

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VII. Proposed Procurement Schedule:

The anticipated procurement schedule is listed below:

Task Date

Issue Request for Proposals 1/16/19

Deadline for Questions 1/30/19 at 10:00 a.m. EST

Bid Due Date/Time 2/12/19 at 10:00 a.m. EST

Notice of Intent to Award Posted

(anticipated)

3/8/19

Execute Contract(s) (anticipated) 3/18/19

This solicitation does not commit the District to award a contract, to pay any costs incurred in the

preparation of the bid/proposal or to procure any good or services.

The School District of Pickens County reserves the right to reject any and all quotes and to award the

contract on the basis of benefits other than price alone. It further reserves the right to purchase based upon

price and/or benefits, which best meet the needs of the district.

All proposals should comply with the requirements and specifications as set forth by The School District

of Pickens County, including shipping costs. Shipping must be FOB destination freight prepaid. Please

include all shipping/delivery charges in your base bid and unit item price (if applicable).

VIII. Notification:

The contract resulting from this request shall be awarded to the most responsive and responsible Offeror

whose bid/proposal is determined to be the most advantageous to the District. However, the right is reserved

to reject any and all, or portions of bids/proposals received, and in all cases, the District will be the sole judge

as to whether an Offeror’s bid/proposal has or has not satisfactorily met the requirements of the RFP. The

District is not required to furnish a statement of the reason(s) why a bid/proposal was not deemed to be the

most advantageous nor will it be required to furnish any information regarding the RFP. The award to the

successful proposer regarding this solicitation will be posted at 1348 Griffin Mill Road, Easley, SC 29640

and/or online at www.pickens.k12.sc.us .

Thank you for your interest in meeting our district’s needs. We look forward to receiving your bid/proposal.

Regards,

Kate Wilson

Coordinator of Procurement

Attachments

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IX. General Provisions

1. This solicitation does not commit the District to award a contract, to pay any costs incurred in

the preparation of the bids or to procure any goods or services.

2. An authorized individual who may bind the Offeror to provide the services in accordance with

the specifications contained in this Request for Proposal (RFP) must sign your bid response.

The bid response must contain a statement to the effect that your bid is firm for a period of

ninety (90) days from the bid due date or longer if so required by the District.

3. The School District of Pickens County’s Procurement Code and Regulations govern and

supersede any and all documents, proposals and policies, whether stated or implied.

4. The District assumes no responsibility for the delivery of any solicitation, addendum,

solicitation response, or any other such correspondence by the US Postal service, UPS, Fed

Ex, electronic transmission, facsimile, or any other method. The District shall not accept

responsibility for late or unidentified bids.

5. In the event that a Bid is unintentionally opened prior to the official time set for the bid

opening, the employee opening such a bid shall immediately inform the Coordinator of

Procurement, or designee, who shall in the presence of another employee re-seal the envelope

and note on envelope that it was opened in error.

6. In the event that identical bids are received on like items, the Coordinator of Procurement

shall award bids in accordance with the District’s Procurement Code.

7. Addenda: Addenda shall be issued prior to the RFP submittal date and time for the purposes of

modifying or interpreting the proposal instructions through additions, deletions, clarifications, or

corrections. It will be emailed to each known proposer who received an RFP and posted online

at www.pickens.k12.sc.us. It is your responsibility to check the website for any amendments. At

the discretion of the District, if it becomes necessary to revise or clarify any part of this RFP,

addendums will be emailed to each known proposer. Any addenda issued by the District shall

become a formal part of this RFP 119-1-2-12.

Addenda shall be forwarded to all potential offerors who are known by the District to have

received a complete copy of the RFP. No addenda shall be issued later than three (3) days prior

to the RFP submittal date except to a) withdraw the RFP solicitation, or b) to postpone the RFP

submittal date and time. The Coordinator of Procurement, or other District employee, shall not

be legally bound by any amendment or interpretation that is not in writing.

Offerors shall acknowledge receipt of any amendment to this solicitation by signing

and returning the amendment(s) along with page two (2) of this RFP, with their bid.

If this solicitation is amended, then all terms and conditions which are not

modified remain unchanged. All amendments shall be printed online at

www.pickens.k12.sc.us departments; procurement; solicitations & awards.

8. Affirmative Action: The Contractor shall comply with all federal and state

requirements concerning fair employment and employments of the handicapped,

and concerning the treatment of all employee(s), without regard to or

discrimination by reason of race, color, religion, sex, national origin or physical

handicap.

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9. Ambiguous Bids: Bids which are uncertain as to terms, delivery, quantity, or

compliance with requirements and/or specifications may be rejected or otherwise

disregarded.

10. Approval of Publicity Releases: The Contractor shall not have the right to include the District’s

name in its published list of customers, without prior approval of the District. The Contractor

agrees not to publish or cite in any form any comments or quotes from District staff. Contractor

further agrees not to refer to award of this contract in commercial advertising in such a manner as

to state or imply that the products or services provided are endorsed or preferred by the District.

11. Authorization and Acceptance: The bid must be signed by an authorized individual who may

bind the Offeror to these services in accordance with the requirements contained in this Request

for Proposal (RFP). The bid must contain a statement to the effect that your bid is firm for a

period of ninety (90) days from the bid due date or longer if so required by the District.

12. Awarding Policy: The District reserves the right to reject or accept any or all bids/quotes and to

waive any informalities and/or irregularities thereof.

In the event that identical bids/quotes are received on like items, the Coordinator of Procurement

shall award quotes in accordance with the District’s Procurement Code.

13. Bid Constitutes Offer: By submitting a bid, the Offeror agrees to be governed by the terms and

conditions as set forth in this document. Any bid containing variations from the terms and

conditions set forth herein may, at the sole discretion of the District, render such bid non-

responsive. Any inconsistencies between the RFP and any other contractual instrument shall be

governed by the terms and conditions of this RFP, except where subsequent amendments to any

contract resulting from this RFP award are specifically agreed to in writing by the parties to

supersede any such provisions of this RFP.

14. Bid/Proposal as Offer to Contract: By submitting your bid, you are offering to enter into a

contract with the District. 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. Any offer may be submitted by one legal entity; joint bids are not

allowed.

15. Bid/Proposal/Quote Expenses: The District or any of its representatives shall not be held

responsible for any expenses incurred in the preparation or subsequent presentation of the vendor’s

response to this solicitation.

16. Bidder’s Qualification: No bid or proposal shall be accepted from, and no contract will be

awarded to, any person, firm, or corporation that is deemed irresponsible or unreliable to the

District.

17. Certification Regarding Suspension and Debarment: By submitting a proposal (RFP), the

applicant certifies, to the best of its knowledge and belief that the applicant and/or any of its

principals, subgrantees, or subcontractors are not presently debarred, suspended, proposed for

debarment, or declared ineligible for the award of contracts by any state or federal agency; have

not, within a three year period preceding this application, 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

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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 are not presently indicted

for, or otherwise criminally or civilly charged by a governmental entity with, commission of any

of the offenses enumerated above. Applicant has not, within a three –year period preceding this

application, had one or more contracts terminated for default by any public (federal, state, or local)

entity.

18. Clarifications: The District reserves the right, at any time after opening and prior to award, to

request from any Proposer clarification, address technical questions, or to seek or provide other

information regarding the Proposer’s bid. Such a process may be used for such purposes as

providing an opportunity for the Proposer to clarify his bid in order to assure mutual

understanding and/or aid in determinations of responsiveness or responsibility.

19. Competition: There are no Federal or State laws that prohibit Proposers from submitting a

Proposal lower than a price or Proposal given to the United States Government. Proposers may

submit a proposal lower than United States Government Contract price without any liability

because the State is exempt from the provisions of the Robinson-Patman Act and other related

laws.

20. Confidentiality: Ownership of all data, material and documentation originated and prepared

pursuant to this RFP shall belong exclusively to the District and be subject to public inspection

in accordance with the Freedom of Information Act. However, commercial and/or financial

information which is confidential or privileged included in bids will not be disclosed if such

information has been identified by the firm as confidential. All firms who wish to have selected

information in their bids remain confidential must visibly mark as “Confidential” each part of

the bid they consider to contain proprietary information.

21. Contract Documents: This RFP is the contract between the District and the awarded

bidder(s)/proposer(s). The District shall not agree to, enter into, or sign any agreement,

contract, or other document that conflicts in any way with the District’s General Terms and

Conditions and the requirements of this solicitation. Bidders should submit with their bid any

other document(s) that the bidder wishes the District to review. Submittal of such document(s)

does not constitute an acceptance by the District of any term(s) and/or condition(s) contained in

such document(s). Agreements, contracts, or other documents that infringe upon the rights of

the District, or are not in the best interest of the District, shall be determined to be non-

responsive and unacceptable. The rights and authority of such determination is reserved solely

by the staff of the District’s Procurement Department. The District’s RFP supersedes any

respondent’s proposed document(s).

22. Correction of Errors in the Bid/Proposal: 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. Erasures or use of typewriter correction fluid may be cause for rejection. No

bid shall be altered or amended after specified time for opening.

23. Covenant against Contingent Fees: The vendor warrants that no person or selling agency has

been employed or retained to solicit or secure this contract upon an agreement or understanding

for a commission, percentage, brokerage, or contingent fee, excepting bona fide employee(s) or

bona fide established commercial or selling agencies maintained by the vendor for the purpose

of securing business. For breach or violation of this warranty, the School District of Pickens

County shall have the right to annul this contract without liability or in its discretion to deduct

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from the contract price or consideration, or otherwise recover the full amount of such

commission, percentage, brokerage, or contingent fee.

24. District Closings: If an emergency or unanticipated event interrupts normal District processes

so that offers cannot be received at the Central Services Office of the District 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 District processes resume. In lieu of an automatic extension, an Amendment may be

issued to reschedule bid opening. If District 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 www.pickens.k12.sc.us

25. District Regulations: The vendor(s) and his representatives shall follow all applicable

regulations while on District property, including the NO SMOKING, no weapons, and drug-

free policies. No work shall interfere with school activities or environments unless an

authorized employee for that location gives permission.

26. Examination of Records:

a. The School District of Pickens County shall have until three (3) years after final

payment under this contract access to and the right to examine any of the

Contractor’s directly pertinent books, documents, papers or other records involving

transactions related to this contract.

b. The contractor agrees to include in first-tier subcontracts under this contract, a clause to

the effect that the Superintendent of the School District of Pickens County, or her duly

authorized representative(s), shall, until three (3) years after final payment under the

subcontract, have access to and the right to examine any of the subcontractor’s directly

pertinent books, documents, papers or other records involving transactions related to

the subcontract(s).

27. Excusable Delay: The Contractor shall not be liable for any excess costs if the failure to

perform the contract arises out of causes beyond the control and without the fault or negligence

of the contractor. Such causes may include, but are not restricted to acts of God or of the public

enemy, acts of the government in either its sovereign or contractual capacity, fires, floods,

epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but

in every case the failure to perform must be beyond the control and without the fault or

negligence of the contractor. If the failure to perform is caused by the default of a

subcontractor, and if such default arises out of causes beyond the control of both the contractor

and subcontractor, and without the fault or negligence of either of them, the contractor shall not

be liable for any excess costs or failure to perform, unless the supplies or services to be

furnished by the subcontractor were obtainable from other sources in sufficient time to permit

the contractor to meet the required delivery schedule.

28. Explanation to Prospective Proposers:

a. Any prospective Proposer desiring an explanation or interpretation of this solicitation

shall request it in writing soon enough to allow a reply to reach all prospective

Proposers before submission of their bids. DEADLINE FOR SUBMISSION OF

QUESTIONS: WEDNESDAY, JANUARY 30, 2019 BEFORE 10:00 AM. Submit questions to:

[email protected].

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b. Oral explanation and/or instructions given before the award of the contract shall not

be binding.

c. Any information given to a prospective Proposer pertaining to this solicitation shall

be furnished promptly to other prospective Proposers as an amendment, if that

information is necessary in submitting bids or if the lack of it would be prejudicial to

other prospective Proposers.

29. Interpretations: If any questions arise from this solicitation, respondents must contact the

District’s Procurement Department. Any response to the respondent’s request for interpretation

of documents will be made by addendum if the Procurement Department believes the

interpretation is not clear in the bid document. The District will not be responsible for any

other explanation or interpretations.

30. Licenses and Permits: 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 of any such licenses, permits and/or

inspections required by the District, county, city or other government entity or unit to

accomplish the work specified in this solicitation document and the contract.

31. Posting of Award: Notice of Award or Intent to Award will be posted in the District’s

Central Services office located at the 1348 Griffin Mill Road, Easley, SC 29640 and/or online

at: www.pickens.k12.sc.us .

32. Proper Invoice: Invoices submitted for payment for goods or services provided under this

contract shall contain, as a minimum, the following information:

Name of business.

Contract number or other authorization for delivery of service or property.

SDPC Purchase Order Number.

Complete description of work, including facility/facilities location (if applicable).

Payment terms.

Name of employee performing maintenance.

Title, telephone number, and complete mailing address of responsible official to

whom payment is to be sent.

Other substantiating documentation of information as required by the contract.

33. Proposer’s Qualifications: Bids shall be considered only from Proposers who are regularly

established in the business called for and who in the judgment of the District are financially

responsible and able to show evidence of their reliability, ability, experience, equipment

supervised by them to render prompt and satisfactory service in the volume called for under

this contract.

34. Protection Of Existing Vegetation, Structures, Equipment, Utilities, And Improvements:

a. The Contractor shall preserve and protect all structures, equipment, and vegetation

(such as grass, trees, and shrubs) on or adjacent to the work site, which are not to be

removed and which do not unreasonably interfere with the work required under this

contract. The Contractor shall only remove trees when specifically authorized to do

so, and shall avoid damaging vegetation that will remain in place. If any limbs or

branches of trees broken during contract performance, or by any careless operation

of equipment, or by workmen, the Contractor shall trim those limbs or branches with

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a clean cut and paint the cut with tree pruning compound as directed by the District

representative(s).

b. The Contractor shall protect from damage all existing improvements and utilities at

or near the work site and on adjacent property of a third party, the locations of which

are known to or should be known by the Contractor. The Contractor shall repair any

damages to those facilities, including those that are the property of a third party

resulting from failure to comply with the requirements of this contract or failure to

exercise reasonable care in performing the work. If the Contractor fails or refuses to

repair the damaged property, the District representative(s) may recommend that the

necessary work be performed and charge the cost to the Contractor.

35. Rejection/Cancellation: The District reserves the right, to accept or reject, in part or in

entirety, any or all bids, to negotiate with all qualified proposers and to cancel in part or in

entirety this solicitation if it is in the best interest of the District. Further, the District reserves

the right to waive any or all informalities or technicalities in order to serve the best interest of

the District.

36. Responses: All responses to this solicitation must comply completely with the requirements

and schedule indicated in this solicitation to be considered for evaluation. All vendor(s) must

be able to meet or exceed any and all requirements.

37. RFP Expenses: The District or any of its representatives shall not be held responsible for any

expenses incurred in the preparation or subsequent presentation of the vendor’s response to

this solicitation.

38. Substitutions: The materials and products described in the RFP establish a standard of

required function, dimension, appearance and quality to be met by any proposed substitution.

Reference in the RFP to the words “or approved alternate” shall be interpreted as establishing

a standard of quality and shall not be construed as limiting competition. Any deviation from

the enclosed specifications must be documented on the quote form.

39. Time of Completion: Date of delivery shall be a consideration factor in the awarding

process. The Proposer shall include with his/her bid delivery dates for each item as

requested, and shall furnish all items in accordance with the bid solicitation unless an

extension is granted by the District in writing.

40. Unlawful Acts: The District interprets a signed bid as signifying that the accompanying bid

is not the result of, or affected by, any unlawful act of collusion with any other person or

company engaged in the same line of business or commerce, or any other fraudulent act

punishable under the state of South Carolina or United States laws.

41. Warranty: The contractor warrants to the agency that all work performed as a result of this

bid and specifications will be performed in a professional manner consistent with industry

practice.

42. Withdrawal of Bid Response: A bid response cannot be withdrawn after it is filed, unless the

respondent makes a written request to the Coordinator of Procurement prior to the last date

and time set for receipt of the bid responses. If the District fails to accept the response or

award a contract within ninety (90) days after the bid opening date, the respondent must

inform the District, in writing, that they do not wish for their response to continue to be

considered.

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X. General Terms and Conditions

1. Assignment: No contract or its provisions may be assigned, sublet, or transferred without the

written consent of the Procurement Officer.

2. Bid Acceptance Period: In order to withdraw Your Offer after the minimum period specified on

the Cover Page, You must notify the Procurement Officer in writing.

3. Bid Bond: Your offer must include either a bid bond issued by a surety or sureties licensed in

South Carolina or a certified check. The amount of surety shall be five per cent (5%) of the total

bid amount. This bid bond penalty may be expressed in terms of a percentage of the bid price or

may be expressed in dollars and cents. If a certified check is submitted in lieu of a bid bond, it

must be made payable to the School District of Pickens County. (NOT APPLICABLE)

4. Bid in English & Dollars: Offers submitted in response to this solicitation shall be in the English

language and in US dollars.

5. Board as Procurement Agent: (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 District official authorized to bind the

District with regard to this procurement. (b) Purchasing Liability. The Procurement Officer is an

employee of the District acting on behalf of the District pursuant to the School District of Pickens

County’s Procurement Code. Any contracts awarded as a result of this procurement are between

the Contractor and the District. The Board of Trustees is not a party to such contracts, unless and

to the extent that the Board is a using District department, and bears no liability for any party’s

losses arising out of or relating in any way to the contract.

6. Certificate of Independent Price Determination: Giving false, misleading, or incomplete

information on this certification may render you subject to prosecution under Section 16-9-10 of

the South Carolina Code of Laws and other applicable laws. (a) By submitting an offer, the

Offeror certifies that- (1) The prices in this offer have been arrived at independently, without, for

the purpose of restricting competition, any consultation, communication, or agreement with any

other Offeror or competitor relating to— (i) Those prices; (ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered. (2) The prices in this offer have

not been and will not be knowingly disclosed by the Offeror, directly or indirectly, to any other

Offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract

award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No

attempt has been made or will be made by the Offeror to induce any other concern to submit or

not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is

considered to be a certification by the signatory that the signatory- (1) Is the person in the

Offeror’s organization responsible for determining the prices being offered in this bid or

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

contrary to paragraphs (a)(1) through (a)(3) of this certification; or (2)(i) Has been authorized, in

writing, to act as agent for the Offeror’s principals in certifying that those principals have not

participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of

this certification [As used in this subdivision (b)(2)(i), the term “principals” means the person(s)

in the Offeror’s organization responsible for determining the prices offered in this bid or

proposal]; (ii) As an authorized agent, does certify that the principals referenced in subdivision

(b)(2)(i) of this certification have not participated, and will not participate, in any action contrary

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to paragraphs (a)(1) through (a)(3) of this certification; and (iii) As an agent, has not personally

participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of

this certification. (c) If the Offeror deletes or modifies paragraph (a) (2) of this certification, the

Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of

the disclosure.

7. Code of Laws Available: The South Carolina Code of Laws, including the Consolidated

Procurement Code, is available at: http://www.scstatehouse.gov/code/statmast.php . The South

Carolina Regulations are available at: http://www.scstatehouse.gov/coderegs/statmast.php.

8. Contractor Responsibility: The Contractor alone will be solely responsible to the District for

performance of all Contractor obligations under any contract resulting from their bid/quote. The

successful contractor will be a contractor independent of the District. None of the Contractor’s

employee(s) shall be deemed for any purpose to be employee(s), agents, or servants of the

District, but shall at all times serve as employee(s), agents, or servants of the Contractor for

whom and at whose discretion they shall act. No acts performed for or representations made,

whether written or oral, by the proposer to third parties shall bind the District. The Contractor

shall be solely responsible for the withholding and payment of all federal, state, and local

personal income, social security, unemployment, workers’ compensation, and other payroll taxes

for its’ employee(s). The District shall have no liability of any sort for the Contractor’s

employee(s).

9. Default: In case of default by the contractor, the District reserves the right to purchase any or all

items in default in open market, charging the contractor with any additional costs. The defaulting

contractor shall not be considered a responsible bidder until the assessed charge has been

satisfied.

10. Delivery: Services provided to the District shall be on a “On Call/As Needed” basis.

Response time by the contracted firm must be within forty-eight (48) hours of the

District’s initial contact/request.

11. Disclosure of Conflicts of Interest or Unfair Competitive Advantage: 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.

12. Drug-free Workplace: By signing and submitting a bid, a proposer is certifying that it will

comply with all requirements of the South Carolina Drug-Free Workplace Act, Section 44-107-

10, ET Seq., S.C. Code Ann, (1976).

13. Duty to Inquire: 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

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be at the Offeror’s risk. All ambiguities, discrepancies, errors, omissions, or conflicting

statements in the Solicitation shall be interpreted to require the better quality or greater quantity

of work and/or materials, unless otherwise directed by amendment. Offeror assumes

responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the

District’s attention.

14. Equal Opportunity: The successful firm agrees not to refuse to hire, discharge, promote,

demote, or to otherwise discriminate in matters of compensation against any person otherwise

qualified solely because of race, creed, sex, national origin, ancestry or physical handicap.

15. Ethics Act: By submitting an Offer, you certify that you are in compliance with South Carolina’s

Ethics, Government Accountability, and Campaign Reform Act of 1991, as amended. The

following statutes require special attention: (a) Offering, giving soliciting, or receiving anything

of value to influence action of public employee, Section 8-13-790, (b) Recovery of kickbacks,

Section 8-13-790, (c) Offering, soliciting, or receiving money for advice or assistance of public

official, Section 8-13-720, (d) Use or disclosure of confidential information, Section 8-13-725,

and (e) Persons hired to assist in the preparation of specifications or evaluation of bids, Section 8-

13-1150.

16. Ethics Certificate: By submitting an offer, the Offeror certifies that the Offeror has and will

comply with, and has not, and will not, induce a person to violate Title 8, Chapter 13 of the South

Carolina Code of Laws, as amended (ethics act). The following statutes require special attention:

Section 8-13-700, regarding use of official position for financial gain; Section 8-13-705,

regarding gifts to influence action of public official; Section 8-13-720, regarding offering money

for advice or assistance of public official; Sections 8-13-755 and 8-13-760, regarding restrictions

on employment by former public official; Section 8-13-775, prohibiting public official with

economic interests from acting on contracts; Section 8-13-790, regarding recovery of kickbacks;

Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342,

regarding restrictions on contributions by contractor to candidate who participated in awarding of

contract. The District may rescind any contract and recover all amounts expended as a result of

any action taken in violation of this provision. If contractor participates, directly or indirectly, in

the evaluation or award of public contracts, including without limitation, change orders or task

orders regarding a public contract, contractor shall, if required by law to file such a statement,

provide the statement required by Section 8-13-1150 to the procurement officer at the same time

the law requires the statement to be filed.

17. Experience and Reference Checks: The District reserves the right to consider historic

information and fact, whether gained from the Offeror’s proposal, references, or any other

source, in the evaluation process. Proposer acknowledges (1) that District will contact various

persons who are familiar with proposer’s prior work and related matters, whether such persons

are voluntarily disclosed to the District in this proposal or not; (2) that truthful and complete

information is necessary for the District to make an adequate evaluation; and (3) that proposer

will not take any action against any person who responds truthfully and in good faith to a bona

fide inquiry by the District for purposes of evaluating the quotes received by the District under

this solicitation.

18. Fair Labor Standards Act: Contractor will be responsible for hiring all required employee(s)

necessary for this contract and shall comply with the Fair Labor Standards Act. The contractor

and subcontractors of the contractor will not employ at less than the established federal and state

minimum wage. Any employee whose work habits and/or conduct are deemed objectionable

shall be removed from the workforce upon request of the District. Work persons shall not engage

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in profanity, indecent acts, stealing, use of alcohol, or use of illegal drugs or possession of

weapons on SDPC property.

19. FOIA Requests: FOIA Requests: Any vendor or general member of the public requesting

information in regards to any bids/proposals received or any award made as a result of this

solicitation, will be billed on the amount of information requested (i.e., copies of documentation,

etc.) and the amount of time spent by District staff to compile the information. Visit the

website for more information.

http://www.pickens.k12.sc.us/departments/communications/submit_a_f_o_i_a_request .

20. Force Majeure: The Contractor shall not be liable for any excess costs if the failure to perform

the contract arises out of causes beyond the control and without the fault or negligence of the

Contractor. Such causes may include, but are not restricted to acts of God or of the public

enemy, acts of the government in either its sovereign or contractual capacity, fires, floods,

epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but

in every case the failure to perform must be beyond the control and without the fault or

negligence of the contractor. If the failure to perform is caused by the default of a subcontractor,

and if such default arises out of causes beyond the control of both the contractor and

subcontractor, and without the fault or negligence of either of them, the contractor shall not be

liable for any excess costs or failure to perform, unless the supplies or services to be furnished by

the subcontractor were obtainable from other sources in sufficient time to permit the contractor to

meet the required delivery schedule.

21. Governing Laws: All bid documents submitted in response to this solicitation are governed

under the laws of the State of South Carolina. Contractor must be authorized and/or licensed to

do business in the State of South Carolina. Notwithstanding the fact that applicable statues may

exempt or exclude the successful Offeror from requirements that it be authorized and/or licensed

to do business in said state, by signing of this Agreement, Contractor agrees to subject itself to

the jurisdiction and process of the courts of the State of South Carolina or federal courts as to all

matters and disputes arising or to arise under the Agreement and the performance thereof,

including any questions as to the liability for taxes, licenses or fees levied by the State.

22. Illegal Immigration: (applicable to service contracts only) By signing your offer, you certify

that you will comply with the applicable requirements of Title 8, Chapter 14 of the South

Carolina Code of Laws and agree to provide to the District, upon request, any documentation

required to establish either: (a) that Title 8, Chapter 14 is inapplicable to you or 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 (5) 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.

23. Indemnification: The vendor(s) shall agree to hold the District harmless and to indemnify the

District from every expense, liability, or any payment arising out of or through injury (including

death) to any person(s) or damage to any property of any location in which work is located

arising out of or suffered through any at or omission of the vendor(s).

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24. Installation: Where equipment is called for to be installed under this RFP, it shall be placed,

leveled and accurately fastened into place by the vendor. He/she shall be responsible for

obtaining dimensions and other such data which may be required to assure exact fit to work

under another contract or as intended by the District. The vendor shall be responsible for

providing an appropriate amount of lead-in for equipment requiring electrical, water or other

basic service. The District will normally be responsible for bringing the appropriate service to

the lead-in. The vendor shall completely remove from the premises all packaging, crating, and

other litter due to his/her work. He/she shall also be responsible for the cost of repair of any

damage to existing work which is caused by him/her during the installation of his/her equipment.

(Refer to Scope of Work)

25. Insurance: Contractor shall maintain, throughout the performance of its obligations under this

Agreement, a policy or policies of Worker’s Compensation insurance with such limits as may be

required by law, and a policy or policies of general liability insurance insuring against liability

for injury to, and death of persons and damage to, and destruction of, property arising out of or

based upon any act or omission of the Contract or any of its subcontractors or their respective

officers, directors, employee(s), or agents. Such general liability insurance shall have limits

sufficient to cover any loss or potential loss resulting from this contract.

26. Iran Divestment Act - Certification: (a) The Iran Divestment Act List is a list published by the

State 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 District 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 of a final

statement of award, you are added to the Iran Divestment Act list.

27. Item Substitution: (This clause does not apply to solicitations for service requirements). No

substitutions will be allowed on purchases from The School District of Pickens County without

permission from the Coordinator of Procurement.

28. Labor and Property Proposer Responsibilities: All of the Offeror’s employee(s) or agents

furnishing services to the District shall be deemed employee(s) or agents solely of the Offeror

and shall not be deemed for any purposes whatsoever employee(s) or agents of, acting for or on

behalf of, the District. The Offeror shall perform all services as an independent contractor and

shall discharge all liabilities as such. No acts performed or representations, whether oral or

written, made by the Offeror with respect to third parties shall be binding on the District. The

Offeror shall be solely responsible for the withholding and payment of all federal, state, and local

personal income taxes, social security, unemployment, sickness, disability insurance, and other

payroll taxes with respect to the Offeror’s employee(s), including contribution from then when as

required by law.

The Offeror shall be responsible for any loss or damage to property owned by the District and in

the Offeror’s possession or control. The Offeror shall be responsible for any loss or damage to

property owned by the District, caused, in the opinion of the District, by the Offeror.

No portion of this contract shall be subleased, assigned, transferred, or conveyed without written

approval from the District.

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29. Minority Business: Specify if your firm is a South Carolina certified minority business. If so,

please provide the District with a copy of your certificate.

30. Non-Appropriations: Any contract entered into by the District or its departments, employee(s) or

agents resulting from this RFP shall be subject to cancellation without damages or further

obligation when funds are not appropriated or otherwise made available to support continuation

of performance in a subsequent fiscal period or appropriated year.

31. Offeror Responsibility: Each Proposer shall fully acquaint himself/herself with conditions

relating to the scope and restrictions attending the execution of the work under the conditions of

this RFP. It is expected that this will sometimes require on-site observation. The failure or

omission of a Proposer to acquaint himself/herself with existing conditions shall in no way

relieve the Proposer of any obligations with respect to the RFP or contract.

32. Ownership of Data & Materials: All data, information, material and documentation either

specially prepared by Contractor for the District or provided by the District pursuant to this

solicitation shall belong exclusively to the District.

33. Packaging & Delivery: All Shipments shall be FOB Destination, Freight Prepaid to the district

location listed on the purchase order. Lift Gate may be required. Purchase order numbers and/or

contract number(s) as appropriate, must be clearly stated on each carton or package, shipping

ticket, invoice, and any/all other information related to the order.

34. Patent and Copyright Liability: If notified promptly in writing by the District of any actions

(and all prior claims relating to such action) brought against the District, based on a claim that

the District’s use of the services or any products offered, including software, infringes a United

States patent or copyright, the proposer will defend such action at its expense and will pay the

costs and damages awarded in such action, provided that the proposer shall have sole control of

the defense of any such action and all negotiation for its settlement or compromise. The District

shall give the proposer prompt written notice of such claim and full right and opportunity to

conduct the defense thereof, together with full information and reasonable cooperation. No costs

or expenses shall be incurred for the Account of the proposer without it written consent. If

principles of government or public law are involved, the District may participate in the defense

of any action. If, in the opinion of the proposer, the products furnished thereunder are likely to,

or do become, the subject of a claim of infringement of a United States patent or copyright, then,

without diminishing its obligation to satisfy a final award, the proposer may, at its option and

expense, (a) obtain the right for the District to continue to use such goods; or (b) substitute for

the alleged infringing products other equally suitable products that are satisfactory to the District;

or (c) take back such products, provided however, that the proposer will not exercise option (c)

until the proposer and the District have evaluated options (a) and (b). In such event, proposer

will reimburse the District for the purchase price of any goods removed pursuant to option (c).

35. Payment: Payment for services pursuant to a successful contract will be made within thirty (30)

days after receipt of a detailed invoice.

36. Payment Bond and Performance Bond: Your offer must include a payment bond satisfactory to

the District, executed by a surety company meeting the criteria set forth below, or otherwise

secured in a manner satisfactory to the District, for the protection of all persons supplying labor

and material to the contractor or its subcontractors for the performance of the work provided for

in the contract. The bond shall be in the amount equal to one hundred percent (100%) of the

contract price.

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The successful Proposer shall furnish within ten (10) calendar days, after written notice is issued

indicating proposal acceptance, a performance bond. Contractor shall provide and bear the

burden of the cost of the performance bond. The bond shall represent one hundred percent (100%)

of the total proposal sum. The bond shall be issued by a Surety Company licensed in the State of

South Carolina, with an “A” minimum rating of performance as listed in the current publication of

“Best’s Key Rating Guide, Property Liability”, which shall indicate a financial strength rating of at

least five (5) times the total proposal sum. Each bond shall be accompanied by a “Power of

Attorney” authorizing the attorney-in-fact to bind the surety and certified to include the date of the

proposal bond.

The contractor must provide a cashier’s check (made payable to the School District of Pickens

County) in the full amount of the payment and performance bonds or may provide, and pay the

cost of, payment and performance bonds in the form AIA Document A311 “PERFORMANCE

BOND AND LABOR AND MATERIALS BOND”. Each bond shall be in the full amount of the

Contract Sum, issued by a Surety Company licensed in South Carolina with an “A” minimum

rating of performance as stated in the most current publication of: Best Key Rating Guide,

Property Liability”, which shows a financial strength rating of at least five (5) times the contract

price. (NOT APPLICABLE)

37. Pricing: The fee schedule provided in the firm’s individual response shall be utilized during the

term of the contract. Any increases (if any) must first be approved by the District.

38. Oral Presentation(s): The District may determine that the outcome of the evaluation process indicates that two or more of the

proposals are relatively equal. The District may request an oral presentation by each proposer. Such

presentations, if requested, would provide an opportunity for the firm(s) to clarify their proposals and to ensure

that a thorough mutual understanding exists between the firm and District

39. Quality of Product: (This clause does not apply to solicitations for service requirements).

Unless otherwise indicated in this bid it is understood and agreed that any item offered or

shipped on this RFP shall be new and of first quality.

40. Procurement Card Purchasing: The District has the capability to pay vendor invoices with a

Procurement Card (P-Card). The District reserves the right to pay invoices by use of the District

P-Card. Failure by a vendor to provide P-Card processing shall not be grounds for rejection or

contract controversy.

41. Prohibited Communications and Donations: 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 (School District) or its

employee(s), 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.(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.

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42. Responsiveness/Improper Offers: (a) Bid as Specified. Offers for supplies or services other than those specified will not be

considered unless authorized by the solicitation.

(b) Responsiveness. Any offer which fails to conform to the material requirements of the

solicitation may be rejected as non-responsiveness. 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 costs to the District 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.

43. Restrictions Applicable to Offerors: 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 Government Unit or its employees, agents, or officials prior to award.

44. Right to Protest: Any prospective proposer, Offeror, contractor, or subcontractor who is

aggrieved in connection with the solicitation of a contract shall protest to the Coordinator of

Procurement within fifteen (15) days of the date of issuance of the RFP or other solicitation

documents whichever is applicable or any amendment thereto, if the amendment is at issue.

Any actual proposer, Offeror, contractor, or subcontractor who is aggrieved in connection with

the intended award or award of a contract shall protest to the Coordinator of Procurement within

ten (10) days of the date the notification of award is posted. This shall not apply to small

purchases (under $100,000 in actual or potential value).

45. Save Harmless: (This clause does not apply to solicitations for service requirements). The

successful proposer shall indemnify and save harmless the District, all officers, agents and

employee(s) from all suits or claims of any character brought by reason of infringing on any

patent trade mark, or copyright. Proposer shall have no liability to the District if such patent,

trademark or copyright infringement or claim is based upon the Proposer’s use of material

furnished to the Proposer by the District.

46. Service: Contracted firm must respond to requests by the District within forty-eight (48) hours of

the initial request.

47. Student Safety: Contractor shall ensure that its employee(s), who have been charged with, are

under investigation for, or convicted of, any crime related to children or any vendor’s

employee(s) charged with, are under investigation for, or convicted as a sex offender, shall not

be allowed on District property at any time. Failure on the part of the contractor to enforce and

abide by this policy shall result in the immediate termination of any existing contract(s).

Contractor’s, subcontractor’s and supplier’s employee(s) shall not interact with students at any

time.

48. Subcontractors: Any bidder in response to this RFP shall set forth in his bid/quote the name of

each subcontractor. If the bidder determines to use his own employee(s) to perform any portion

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of the work for which he would otherwise be required to list a subcontractor and if the proposer

is qualified to perform such work under the terms of the RFP, the proposer shall list himself in

the appropriate place in his bid/quote and not subcontract any of that work except with the

approval of the District for good cause shown.

49. Submission of Data: Each Proposer, upon request, shall submit evidence of liability insurance,

Workmen’s Compensation (if required), and other data regarding experience relating to this RFP

and proposes to satisfy the requirements of this solicitation and fulfillment of a contract. The

contractor shall maintain during the entire period of his performance under this contract, the

required minimum insurance covering all properties and activities that are encompassed in the

performance of the bid/quote requirements. The successful vendor must furnish a statement of

Workers’ Compensation as required by law and by entering into contract guarantees that said

contractor will not file a claim against the School District of Pickens County.

Upon request and/or prior to the commencement of work hereunder, potential proposers shall

furnish to the District, a certificate of the above insurance requirements. The policies evidencing

required insurance shall contain an endorsement to the effect that cancellation or any material

change in the policies adversely affecting the interests of the District in such insurance shall not

be effective without 15 days advance written notice to the District. Failure to replace any

canceled insurance shall be deemed a breach of contract by the contractor.

The insurance coverage listed below must be procured by the vendor(s) at their own expense and a copy

should be submitted to The School District of Pickens County; Attn: Kate Wilson.

1. Workers’ Compensation: Coverage of all individuals engaged in any work under this contract,

and meeting the requirements of S.C. Law regarding worker’s compensation insurance as

statutory required by law, including employee liability coverage up to $1,000,000.

2. Comprehensive General Liability: The contractor shall have in effect at all times under this

agreement, comprehensive general liability insurance, including products and completed

operations liability, contractual liability, and independent contractors liability coverage and

personal injury. Minimum coverage shall be $1,000,000 per occurrence.

3. Comprehensive Automobile Liability: Limits of coverage shall not be less than $1,000,000

combined single limit per accident.

4. Owner’s Protective Liability Insurance: Per injury, including death – limits of $250,000 for

each person and $500,000 for each accident.

5. Vendor(s) Public Liability Insurance: Personal injury, including death – limits of $250,000 for

each person and $500,000 for each accident.

6. Property Damage: Limits of $50,000 for each accident and $100,000 for the aggregate.

50. Submitting Confidential Information: 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

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Trade Secrets Act. For every document Offeror submits in response to or with regard to this

solicitation or request, Offeror must separately mark with the word “PROTECTED” every page,

or portion thereof, that Offeror contends is protected by Section 11-35-1810. All markings must

be conspicuous; use color, bold, underlining, or some other method in order to conspicuously

distinguish the mark from the other text. Do not mark your entire response (bid, proposal, quote,

etc.) as confidential, trade secret, or protected. If your response or any part thereof, is improperly

marked as confidential or trade secret or protected, the District 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 District will detrimentally rely on Offeror’s marking of documents, as required

by these bidding instructions, as being either “Confidential” or “Trade Secret” or

“PROTECTED”. By submitting a response, Offeror agrees to defend, indemnify and hold

harmless the State of South Carolina, its agencies, officers and employee(s), from every claim,

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

resulting from the State withholding information by the State of South Carolina or any of its

agencies, that Offeror marked as “confidential” or “trade secret” or “PROTECTED”.

The District reserves the right to determine whether this information should be exempt from

disclosure and no legal action may be brought against the District or its agents for its

determination in this regard.

51. Tax Credit For Subcontracting With Disadvantaged Small Businesses: Pursuant to Section 12-

6-3350, a taxpayer having a contract with this District who subcontracts with a socially and

economically disadvantaged small business is eligible for an income tax credit equal to four (4%)

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 ($50,000.00) 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.

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52. Termination: Subject to the Provisions below, the contract may be terminated for any reason by

the District providing a thirty (30) day advance notice in writing is given to the contractor.

a) Termination for Convenience: In the event that this contract is terminated or cancelled

upon request and for the convenience of the District without the required thirty (30) days

advance written notice, then the District may negotiate reasonable termination costs, if

applicable.

b) Termination for Cause: Termination by the District for cause, default or negligence on the

part of the contractor shall be excluded from the foregoing provisions, termination costs, if

any, shall not apply. The thirty (30) days advance notice requirement is waived and the

default provision in this bid shall apply.

c) Termination for Non-appropriations: Should any contract formed hereunder be funded

from District appropriations and, in the event no funds or insufficient funds are

appropriated and budgeted in any fiscal year for payments due under a contract made

pursuant to this solicitation, the District shall immediately notify proposer of such

occurrence, but the District shall have no further obligation as to such current or

succeeding fiscal year and the contract shall be null and void, except as to the portions of

payments herein agreed upon for funds which shall have been appropriated and budgeted.

53. Unit Price Governing: Unit prices will govern over extended prices unless otherwise stated

in the RFQ.

The District may, by written notice of default to the contractor, terminate this contract in

whole or in part if the contractor fails to deliver supplies or to perform the services within

the time specified in this contract or any extension.

C

H

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XI. References:

RFP 119-1-2-12

OFFEROR’S NAME:

Provide three references from agencies you have provided services to in the past two (2) years.

(K-12 References are highly recommended.)

Reference One

Name: _______________________________________

Address: _______________________________________

Contact Person: _______________________________________

Phone Number: _______________________________________

E-Mail Address: _______________________________________

Reference Two

Name: _______________________________________

Address: _______________________________________

Contact Person: _______________________________________

Phone Number: _______________________________________

E-Mail Address: _______________________________________

Reference Three

Name: ________________________________________

Address: ________________________________________

Contact Person: ________________________________________

Phone Number: ________________________________________

E-Mail Address: ________________________________________

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XII. Bid Certification

RFP 119-1-2-12

OFFEROR’S NAME:

As an authorized representative of the Bidder, I hereby certify that the costs and services stated

in this proposal are accurate and binding for not less than ninety (90) calendar days from the

solicitation due date. All costs and charges are accurate and complete as stated in the proposal

and are inclusive of all costs the District is expected to pay. If an award is not made within

ninety (90) calendar days, it shall be incumbent upon the Bidder to notify the District, in

writing, if it does not want its proposal further considered. Failure to notify the District shall

mean that the bid remains valid until an award is made or the solicitation is cancelled.

I further certify that the Bidder will deliver the service(s) and/or material(s) as required by the

Request for Proposal. No additional costs or payments to any entity, including the Bidder,

shall be requested of the District due to any miscalculation, deficiency or other cause later

discovered.

I certify that the Bidder has availed itself of every opportunity to understand the Request for

Proposal, the District’s Procurement Code and Regulations and other pertinent District policy.

By submission of a bid/proposal, I certify that the Bidder has read and understands all of the

requirements and conditions of the Request for Proposal and shall be bound by such without

exception. Therefore, the undersigned respect fu l ly submits the bid.

Name of Business/Firm

Name of Authorized Representative

Title

Signature

Date Telephone/Fax Number

Email Address

Note: It is required that this Bid Certification form be completed and returned unaltered

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XIII. Signature Page

RFP 119-1-2-12

OFFEROR’S NAME

THIS PAGE MUST BE COMPLETED IN ORDER FOR BID TO BE CONSIDERED. FAILURE TO

COMPLETE AND RETURN THIS FORM WITH PROPOSAL SHALL RESULT IN

DISQUALIFICATION OF OFFER. OFFEROR IS CERTIFYING THAT THEY ARE A CERTIFIED

PARTNER FOR THE PRODUCTS PROPOSED, AS WELL AS, AND AN AUTHORIZED INSTALLER.

______________________________ __________________________ Business/Firm Represented Agent

Name of Business/Firm Signature of Agent

Address Name of Agent

City & State Title

Zip Code Email Address

Telephone Number Date

Fax Number

Federal ID

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OFFEROR’S CHECKLIST

AVOID COMMON MISTAKES

Review this checklist prior to submitting your bid. If you fail to follow this checklist, you risk having your bid deemed non-responsive.

ATTEND MANDATORY PRE- BID MEETING ON SEPTEMBER 28, 2018 @ 12:30 PM EST.

CAREFULLY READ THE ENTIRE RFP, INCLUDING VENDOR INSTRUCTIONS, AS TO UNDERSTAND

REQUIREMENTS AND EXPECTATIONS.

COMPLETE AND ATTACH THE VENDOR INFORMATION FORM.

INCLUDE A LIST OF AT LEAST THREE (3) REFERENCES, INCLUDING ANY SCHOOL DISTRICTS.

INCLUDE BID/QUOTE FORM, BID CERTIFICATION, SIGNATURE PAGE, FIRST THREE PAGES OF THE RFP,

BUSINESS LICENSE, AND INSURANCE COVERAGE WITH YOUR SUBMITTED BID.

INCLUDE SITE VISIT FORM.

COMPLETED AND SIGNED/DATED ALL REQUIRED DOCUMENTS.

DO NOT INCLUDE ANY OF YOUR STANDARD CONTRACT FORMS.

UNLESS EXPRESSLY REQUIRED, DO NOT INCLUDE ANY ADDITIONAL BOILERPLATE CONTRACT

CLAUSES.

REREAD YOUR ENTIRE BID TO MAKE SURE YOUR BID DOES NOT TAKE EXCEPTION TO ANY OF THE

DISTRICTS MANDATORY REQUIREMENTS.

MAKE SURE YOU HAVE PROPERLY MARKED ALL PROTECTED, CONFIDENTIAL, OR TRADE SECRET

INFORMATION IN ACCORDANCE WITH THE HEADING ENTITLED: FOIA BIDDING INSTRUCTIONS,

SUBMITTING CONFIDENTIAL INFORMATION. DO NOT MARK YOUR ENTIRE BID 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?

MAKE SURE A PERSON THAT IS AUTHORIZED TO CONTRACTUALLY BIND YOUR BUSINESS SIGNS THE

COVER PAGE.

MAKE SURE YOUR BID INCLUDES THE NUMBER OF COPIES REQUESTED.

CHECK TO ENSURE YOUR 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 QUESTION & ANSWER

PERIOD, SUBMIT YOUR QUESTIONS AS A PART OF THAT PROCESS AND EMAIL THEM BEFORE THE

DEADLINE STATED IN SOLICITATION TO [email protected]. ALL QUESTIONS MUST BE

EMAILED BY DEADLINE.

Note: 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.