SAP

State of South Carolina  

 Invitation for Bid  Amendment 3   

Solicitation Number: Date Issued:

Procurement Officer: Phone:

E-Mail Address:

5400001105 09/14/09 Theresa Watts 803-737-4127 twatts@mmo.sc.gov

 

DESCRIPTION:  Statewide Medical Supplies

USING GOVERNMENTAL UNIT:  Statewide Term Contract  

The Term "Offer" Means Your "Bid" or "Proposal".  Unless submitted on-line, your offer must be submitted in a sealed package. Solicitation Number & Opening Date must appear on package exterior. See "Submitting Your Offer" provision.

 

  SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:  

   MAILING ADDRESS:           Materials Management Office           PO Box 101103           Columbia SC 29211

   PHYSICAL ADDRESS:           Materials Management Office           Capital Center           1201 Main Street, Suite 600           Columbia SC 29201

  SUBMIT OFFER BY (Opening Date/Time):   10/07/2009 11:00:00           (See "Deadline For Submission Of Offer" provision)

  QUESTIONS MUST BE RECEIVED BY (See "Questions From Offerors" provision)

  NUMBER OF COPIES TO BE SUBMITTED:   1 Original, 1 Copy (marked “copy”), 1 Electronic File (CD) with an Original and Redacted copy.

CONFERENCE TYPE:   Pre-bid            DATE & TIME:   08/24/2009 14:00:00   (As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)

LOCATION:   Materials Management Office 1201 Main Street, Suite 600 Columbia, SC 29201

 

AWARD & AMENDMENTS

Award will be posted on 10/14/2009.  The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

 

Unless submitted on-line, you must submit a signed copy of this form with Your Offer. By submitting a bid or proposal, You agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of sixty (60) calendar days after the Opening Date.                                    (See "Signing Your Offer" and "Electronic Signature" provisions.)

NAME OF OFFEROR   (full legal name of business submitting the offer)

Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE  (Person must be authorized to submit binding offer to contract on behalf of Offeror.)

TAXPAYER IDENTIFICATION NO.  (See "Taxpayer Identification Number" provision)

TITLE  (business title of person signing above)

STATE VENDOR NO.  (Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME  (printed name of person signing above)

DATE SIGNED STATE OF INCORPORATION  (If you are a corporation, identify the state of incorporation.)

 

OFFEROR'S TYPE OF ENTITY:   (Check one)                                                                   (See "Signing Your Offer" provision.)     ___ Sole Proprietorship                                  ___ Partnership                                  ___ Other_____________________________    ___ Corporate entity (not tax-exempt)          ___ Corporation (tax-exempt)            ___ Government entity (federal, state, or local)

COVER PAGE (NOV. 2007)SAP

PAGE TWO (Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)          

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)          _________________________________________________ Area Code  -  Number  -  Extension                    Facsimile  _________________________________________________ E-mail Address

 

PAYMENT ADDRESS (Address to which payments will be sent.) (See "Payment" clause)          ____Payment Address same as Home Office Address____Payment Address same as Notice Address   (check only one)

ORDER ADDRESS (Address to which purchase orders willbe sent) (See "Purchase Orders and "Contract Documents" clauses)          ____Order Address same as Home Office Address____Order Address same as Notice Address   (check only one)

 

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

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

               

                

DISCOUNT FOR PROMPT PAYMENT(See "Discount for Prompt

Payment" clause)

10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)

 

PREFERENCES - SC RESIDENT VENDOR PREFERENCE(June 2005): Section 11-35-1524 provides a preference for offerors that qualify as a resident vendor. A resident vendor is an offeror that (a) is authorized to transact business within South Carolina, (b) maintains an office* in South Carolina, (c) either (1) maintains a minimum $10,000.00 representative inventory at the time of the solicitation, or (2) is a manufacturer which is headquartered and has at least a ten million dollar payroll in South Carolina, and the product is made or processed from raw materials into a finished end-product by such manufacturer or an affiliate (as defined in section 1563 of the Internal Revenue Code) of such manufacturer, and (d) has paid all assessed taxes. If applicable, preference will be applied as required by law.

OFFERORS REQUESTING THIS PREFERENCE MUST INITIAL HERE. ______________.  *ADDRESS AND PHONE OF IN-STATE OFFICE            ____ In-State Office Address same as Home Office Address____ In-State Office Address same as Notice Address

(check only one) 

PREFERENCES - SC/US END-PRODUCT (June 2005): Section 11-35-1524 provides a preference to vendors offering South Carolina end-products or US end-products, if those products are made, manufactured, or grown in SC or the US, respectively. An end-product is the item identified for acquisition in this solicitation, including all component parts in final form and ready for the use intended. The terms made, manufactured, and grown are defined by Section 11-35-1524(B). By signing your offer and checking the appropriate space(s) provided and identified on the bid schedule, offeror certifies that the end-product(s) is either made, manufactured or grown in South Carolina, or other states of the United States, as applicable. Preference will be applied as required by law.

IF THIS PREFERENCE APPLIES TO THIS PROCUREMENT, PART VII (BIDDING SCHEDULE) WILL INCLUDE A PLACE TO CLAIM THE PREFERENCE. OFFERORS REQUESTING THIS PREFERENCE MUST CHECK THE APPROPRIATE SPACES ON THE BIDDING SCHEDULE.

PAGE TWO (NOV. 2007) End of PAGE TWO  

  AMENDMENT # 3

Solicitation #5400001105

AMENDMENTS TO SOLICITATION (JAN 2004) (a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov  (b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment.  (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. [02-2A005-1]

The Statewide Medical Supply questions, answers, revised bid, clarifications, and attachments are incorporated by amendment.

The ORIGINAL invitation for bid is being replaced with a REVISED invitation for bid. The original bid must be discarded. The bid is labeled REVISED. Changes have been made in the revised bid and noted with the language (Revised – amendment number 3).

BID EXTENSION:The bid opening has been extended from October 6, 2009 at 11:00 a.m. until October 7, 2009 at 11:00 a.m.

AWARD EXTENSION:The award posting date has been changed from October 13, 2009 to October 14, 2009.

Question:1. Can you describe the punch out catalog that is required in the bid, or direct me to somewhere I can find this information.Answer: Attached are the vendor requirements for the punch-out catalog. There are two documents enclosed, the first is entitled Open Catalog Interface and the second is a letter of Vendor Requirements for Punch-Out Catalogs.

Question:2. Do we need to supply our cost in the spreadsheet to you?Answer: Yes

Question:3. In rows 54-59 of the market basket there are no item descriptions only vendor names.  Can you provide these item descriptions?Answer: Items 7, 54, 55, 56 and 59 have been removed from the market basket in their entirety. See revised spreadsheet. These were non-stock items consisting of multiple products per material order number.

Question:4. Are there any marketing materials or product catalogs required?Answer: No.

Question:Re: Market Basket spreadsheet

5. Column H is the selling unit of measure. Can the quantity that is the pack, box, or case be included on the spreadsheet?Answer: See revised market basket spreadsheet with the number of units showing the number of selling units in column H. Offeror is responsible for converting to equivalent quantities and prices.

Question:6. What company operates SCEIS for the state?  Will they charge a fee to participating vendors?Answer: SCEIS is a state entity. There is no charge.

Question:7.  I went on line to view your current Medical Supply contract #4400000299.  I was able to open a document showing the two vendors and contact information, but I was not able to see awarded items and pricing.Answer: This information is not available. This contract consists of a discount off catalog. We do not track the items or prices ordered by using agencies.

Question:8. Can you kindly advise if this information is available on your website?Answer: It is not available.

Question:9. Will the state see it in its best interest to award the Medical Supplies contract as a whole or make its decision based upon individual product categories? Answer: Refer to Page 18, Section VI. Award Criteria, Award Criteria – Bids.

Question:10. Can you please confirm that we must bid on all the items in the Market Basket to even be considered for the more than 10% option where a bidder can receive a single item.Answer: All items in the market basket must be bid.

Question:11. Can you please confirm the products below, as to what they are exactly:

7. NF111169 – Medela Inc.

54. NF101616 – Invacare Corporation

55. NF101753 – Sammons Preston Rolyan

59. NF1000629 – Gendron Inc.Answer: See response to question three. These items have been removed from the spreadsheet.

Question:Market Basket Spreadsheet

12. Are you only requiring pricing on the first Tab of the Spreadsheet, which list 99 items for the Market Basket Grand Total?

Answer: Yes.What is the second table of usage for?

Answer: Historical information only.

For the second half of the section for calculating the bid (B) do we only provide pricing on the 3000+ items listed on the second tab or do you want our entire Catalog?

Answer: Provide individual pricing on the first tab marked “market basket”. Pricing is not requested on the second tab marked “All Item Usage FYI Only”. Tab two is for informational purposes only. See revised bid schedule.

Question:13. On the list of items both on the Market Basket and Usage Tab, there are 5 on the Market Basket

and 22 items on the usage that only have Manufacturer names and a Number; however the number is not a Manufacturer number. They all start with NF, how should we address those items? Need more information to know what those products are.

Answer: See responses to question three and twelve. These items have been removed from the spreadsheet.

Question:14. On the third line of the Market Basket the Strip Tests Gulcometer Elite’s, I have been informed

by Bayer that the Elite Series is being discontinued. Can we offer an alternate Meter and Strips?

Answer: Yes. Refer to page 13. The fifth paragraph of Section III. Scope of Work/Specifications.

Question:15. Just to Clarify, On the Market Basket Spreadsheet can we provide Alternate Products?

Answer: See response to question fourteen.

Question:Page 2

16. What is the latest date that Amendments will be allowed and posted? If amendment posted after bid has been mailed what procedure should be followed?

Answer: Ordinarily, in a substantive amendment there will be 16 days between issuance of amendment and opening.

Question:17. In both SC Vendor preference and US end product preference, how does the preference apply if

the award criteria are based on Lowest Grand Total?Answer: Preferences will be applied as required by law. Spaces have been provided on the revised market basket spreadsheet for offerors to request either South Carolina or United States end products.

Question:Page 11 – Section “price indicated as mark-up”

18. Please clarify the line that states “the Market Basket may have variable mark-ups based on the number of items sold but only a single mark-up for the remainder of products”

Answer: Refer to Page 11. See revised language under Price Indicated as Mark-up under Section II. Instructions to Offerors—B. Special Instructions.

Question:Page 12 – section “unit prices required”

19. What is a unit price? Each, box, case etc. Please clarify

Answer: Refer to page 12. Change the statement to read:The cost and mark-up are to be shown for each item on the market basket spreadsheet.

Question:Page 13 – Section 111 – Scope of Work/Specifications

20. Paragraph 1 - The State intends to require that the awarded vendor have a punch-out catalog set up with in the first year, why a requirement if the state is considering going to MMCAP after 2010?

Answer: This outcome is uncertain.

Question:21. Paragraph 3 states- “The offerors will publish the market basket products and additional items

offered under this contract on the official website. The two columns which should be shown are the cost and the states price with mark up.” Would the State be open to other options if this exact layout is not available on the official website? Please Clarify.

Answer: Yes, as long as all the information is there.

Question:22. Paragraph 8 - You state that the numbers included are for the regularly purchased products that

were given to you by Cardinal Health, Gulf South provided you with the information as well, are the Gulf South usage numbers included?

Answer: No.

Question:Page 15- Section T – Exclusions

23. Should all Categories listed be completely left out of the products offered in our catalog?Answer: Refer to page 13. Revised section of exclusions under section III. Scope of Work, item T.

Question:24. Section W – Contract states that products should be all Major Brands, Please clarify, Cardinal,

McKesson, Select, Medline, do you consider all private label products Major brand?Answer: Refer to page 13. See revised section W under section III. Scope of Work.

Question:Page 16 IV - Sales Rep Contact information

25. Clarify if you want contact information for the State to contact about the contract itself or for the faculties to contact about supplies and ordering?

Answer: Refer to page 16. Revised section IV. Information for Offerors to Submit, item 2.

Question:Page 18 section V – Please clarify

26. Do you require us to provide comparable references with the bid package?Answer: No.

Question:27. Page 24 – Please Clarify

CONTRACT LIMITATIONS (JAN 2006)  No sales may be made pursuant to this contract for any item or service that is not expressly listed.  No sales may be made pursuant to this contract after expiration of this contract.  Violation of this provision may result in termination of this contract and may subject contractor to suspension or debarment.  [07-7B045-1]Answer: See response to question number 23.

Question:Page 27 – Price Adjustments

28. Please clarify, the contract states different things throughout the contract Answer: Price adjustment clauses will remain in the bid. The products in the market basket and other catalog products will follow these price adjustment clauses.

Question: Please clarify.29. Page 28 – Statewide Term Contract – “Sales of supplies or services not within the scope of this contract are prohibited” STATEWIDE TERM CONTRACT -- SCOPE (JAN 2006)  The scope of this contract is limited by the Bidding Schedule / Cost Proposals and by the description included in Part I, Scope of Solicitation.  Sales of supplies or services not within the scope of this contract are prohibited.  See clause entitled Contract Limitations.  [07-7B230-1]Answer: To illustrate, a hospital bed may not be sold pursuant to this contract. However, governmental entities in South Carolina may purchase hospital beds under governing competitive procedures.

Question:30. Is it common for the contractor to comply with the pricing in the situation of a 10% lower item,

or does the specific bidder normally end up with the business?Answer: We do not have data to respond to this question.

Question:31. In the case of the NON-market basket items, since these are not bid, what are the contractors

requirements to stock and have available these items?Answer: Refer to page 16, Section IV. Information for Offerors to Submit, Clause: Delivery Date – Purchase Order.

32. Clarification: The previous contract minimum order was $250.00. Based on the user committee input, this minimum was reduced.

33. Modification: Refer to page 13. Remove letter J from original bid in it’s entirety from Section

III. Scope of Work/Specifications. This statement is a duplication of language in letter H.

Offerors shall be responsible for filing, processing, and collecting all claims for damaged products, and for promptly replacing any defective item in a timely manner.

34. Modification: Refer to page 13. Remove letter W from original bid, in it’s entirety from Section III. Scope of Work/Specifications. Products offered must be major brands.

SAP

State of South Carolina  

 Invitation for Bid 

Revised Bid   

Solicitation Number: Date Issued:

Procurement Officer: Phone:

E-Mail Address:

5400001105 09/14/2009 Theresa Watts 803-737-4127 twatts@mmo.sc.gov

 

DESCRIPTION:  Statewide Medical Supplies

USING GOVERNMENTAL UNIT:  Statewide Term Contract  

The Term "Offer" Means Your "Bid" or "Proposal".  Unless submitted on-line, your offer must be submitted in a sealed package. Solicitation Number & Opening Date must appear on package exterior. See "Submitting Your Offer" provision.

 

  SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:  

   MAILING ADDRESS:           Materials Management Office           PO Box 101103           Columbia SC 29211

   PHYSICAL ADDRESS:           Materials Management Office           Capital Center           1201 Main Street, Suite 600           Columbia SC 29201

  SUBMIT OFFER BY (Opening Date/Time):   10/07/2009 11:00:00           (See "Deadline For Submission Of Offer" provision)

  QUESTIONS MUST BE RECEIVED BY: (See "Questions From Offerors" provision)

  NUMBER OF COPIES TO BE SUBMITTED:   1 Original, 1 Copy (marked “copy”), 1 Electronic File (CD) with an Original and Redacted copy.

CONFERENCE TYPE:   Pre-bid            DATE & TIME:   08/24/2009 14:00:00   (As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)

LOCATION:   Materials Management Office 1201 Main Street, Suite 600 Columbia, SC 29201

 

AWARD & AMENDMENTS

Award will be posted on 10/14/2009 .  The award, this solicitation, any amendments, and any related notices will be posted at the following web address: http://www.procurement.sc.gov

 

Unless submitted on-line, you must submit a signed copy of this form with Your Offer. By submitting a bid or proposal, You agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of sixty (60) calendar days after the Opening Date.                                    (See "Signing Your Offer" and "Electronic Signature" provisions.)

NAME OF OFFEROR   (full legal name of business submitting the offer)

Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE  (Person must be authorized to submit binding offer to contract on behalf of Offeror.)

TAXPAYER IDENTIFICATION NO.  (See "Taxpayer Identification Number" provision)

TITLE  (business title of person signing above)

STATE VENDOR NO.  (Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME  (printed name of person signing above)

DATE SIGNED STATE OF INCORPORATION  (If you are a corporation, identify the state of incorporation.)

 

OFFEROR'S TYPE OF ENTITY:   (Check one)                                                                   (See "Signing Your Offer" provision.)     ___ Sole Proprietorship                                  ___ Partnership                                  ___ Other_____________________________    ___ Corporate entity (not tax-exempt)          ___ Corporation (tax-exempt)            ___ Government entity (federal, state, or local)

COVER PAGE (NOV. 2007)

SAPSAP

PAGE TWO (Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)          

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)          _________________________________________________ Area Code  -  Number  -  Extension                    Facsimile  _________________________________________________ E-mail Address

 

PAYMENT ADDRESS (Address to which payments will be sent.) (See "Payment" clause)          ____Payment Address same as Home Office Address____Payment Address same as Notice Address   (check only one)

ORDER ADDRESS (Address to which purchase orders willbe sent) (See "Purchase Orders and "Contract Documents" clauses)          ____Order Address same as Home Office Address____Order Address same as Notice Address   (check only one)

 

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

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

Amendment No. Amendment Issue Date

               

                

DISCOUNT FOR PROMPT PAYMENT(See "Discount for Prompt

Payment" clause)

10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)

 

PREFERENCES - SC RESIDENT VENDOR PREFERENCE(June 2005): Section 11-35-1524 provides a preference for offerors that qualify as a resident vendor. A resident vendor is an offeror that (a) is authorized to transact business within South Carolina, (b) maintains an office* in South Carolina, (c) either (1) maintains a minimum $10,000.00 representative inventory at the time of the solicitation, or (2) is a manufacturer which is headquartered and has at least a ten million dollar payroll in South Carolina, and the product is made or processed from raw materials into a finished end-product by such manufacturer or an affiliate (as defined in section 1563 of the Internal Revenue Code) of such manufacturer, and (d) has paid all assessed taxes. If applicable, preference will be applied as required by law.

OFFERORS REQUESTING THIS PREFERENCE MUST INITIAL HERE. ______________.  *ADDRESS AND PHONE OF IN-STATE OFFICE            ____ In-State Office Address same as Home Office Address____ In-State Office Address same as Notice Address

(check only one) 

PREFERENCES - SC/US END-PRODUCT (June 2005): Section 11-35-1524 provides a preference to vendors offering South Carolina end-products or US end-products, if those products are made, manufactured, or grown in SC or the US, respectively. An end-product is the item identified for acquisition in this solicitation, including all component parts in final form and ready for the use intended. The terms made, manufactured, and grown are defined by Section 11-35-1524(B). By signing your offer and checking the appropriate space(s) provided and identified on the bid schedule, offeror certifies that the end-product(s) is either made, manufactured or grown in South Carolina, or other states of the United States, as applicable. Preference will be applied as required by law.

IF THIS PREFERENCE APPLIES TO THIS PROCUREMENT, PART VII (BIDDING SCHEDULE) WILL INCLUDE A PLACE TO CLAIM THE PREFERENCE. OFFERORS REQUESTING THIS PREFERENCE MUST CHECK THE APPROPRIATE SPACES ON THE BIDDING SCHEDULE.

PAGE TWO (NOV. 2007) End of PAGE TWO  

Table of ContentsSAPSECTION_I .............................................................................. 2ACQUIRE SUPPLIES / EQUIPMENT (JAN 2006) ............... 3MAXIMUM CONTRACT PERIOD - ESTIMATED (Jan 2006) 3SECTION_IIA ......................................................................... 4DEFINITIONS (JAN 2006) ..................................................... 4AMENDMENTS TO SOLICITATION (JAN 2004) ............... 3AWARD NOTIFICATION (NOV 2007) ................................ 4BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004) . 4BID ACCEPTANCE PERIOD (JAN 2004) ............................ 5BID IN ENGLISH and DOLLARS (JAN 2004) ..................... 5BOARD AS PROCUREMENT AGENT (JAN 2004) ............ 5CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008) 5CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004) 6CODE OF LAWS AVAILABLE (JAN 2006) ......................... 6COMPLETION OF FORMS/CORRECTION OF ERRORS (JAN 2006) 6DEADLINE FOR SUBMISSION OF OFFER (JAN 2004) .... 7DRUG FREE WORK PLACE CERTIFICATION (JAN 2004) 7DUTY TO INQUIRE (JAN 2006) ........................................... 7ETHICS CERTIFICATE (MAY 2008) ................................... 7OMIT TAXES FROM PRICE (JAN 2004) ............................. 7PROTESTS (JUNE 2006) ........................................................ 7PUBLIC OPENING (JAN 2004) ............................................. 7QUESTIONS FROM OFFERORS (JAN 2004) ...................... 8REJECTION/CANCELLATION (JAN 2004) ......................... 8RESPONSIVENESS/IMPROPER OFFERS (JAN 2004) ....... 8RESTRICTIONS APPLICABLE TO OFFERORS (JAN 2004) 8SIGNING YOUR OFFER (JAN 2004) .................................... 8STATE OFFICE CLOSINGS (JAN 2004) .............................. 9SUBMITTING CONFIDENTIAL INFORMATION (AUG 2002) 9SUBMITTING YOUR OFFER OR MODIFICATION (JAN 2004) 9TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN 2008) 10TAXPAYER IDENTIFICATION NUMBER (JAN 2004) ..... 10VENDOR REGISTRATION MANDATORY (JAN 2006) .... 10WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004) 10SECTION_IIB .......................................................................... 11CONFERENCE - PRE-BID/PROPOSAL (JAN 2006) ........... 11CLARIFICATION (NOV 2007) .............................................. 11MAIL PICKUP (JAN 2006) .................................................... 11PROTEST - CPO - MMO ADDRESS (JUNE 2006) .............. 12UNIT PRICES REQUIRED (JAN 2006) ................................. 12SECTION_III ........................................................................... 13SEE BIDDING SCHEDULE ................................................... 15DELIVERY/PERFORMANCE LOCATION -- PURCHASE ORDER (JAN 2006) 15DELIVERY COSTS -- EXEMPTION (JAN 2006) ................. 15DELIVERY DATE -- PURCHASE ORDER (JAN 2006) ...... 15QUALITY -- NEW (JAN 2006) .............................................. 15SECTION_IV ........................................................................... 16INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (JAN 2006) 16MINORITY PARTICIPATION (JAN 2006) ........................... 16SECTION_V ............................................................................ 17QUALIFICATION OF OFFEROR (JAN 2006) ...................... 17SECTION_VI ........................................................................... 18AWARD CRITERIA -- BIDS (JAN 2006) .............................. 18CALCULATING THE LOW BID ........................................... 18COMPETITION FROM PUBLIC ENTITIES (JAN 2006) ..... 18UNIT PRICE GOVERNS (JAN 2006) .................................... 19SECTION_VIIA ....................................................................... 19ASSIGNMENT (JAN 2006) .................................................... 19

Page 1

BANKRUPTCY (JAN 2006) ................................................... 19CHOICE-OF-LAW (JAN 2006) .............................................. 19CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (JAN 2006) 19DISCOUNT FOR PROMPT PAYMENT (JAN 2006) ............ 19DISPUTES (JAN 2006) ........................................................... 20EQUAL OPPORTUNITY (JAN 2006) .................................... 20FALSE CLAIMS (JAN 2006) .................................................. 20FIXED PRICING REQUIRED (JAN 2006) ............................ 20NON-INDEMNIFICATION (JAN 2006) ................................ 20NOTICE (JAN 2006) ............................................................... 20PAYMENT (JAN 2006) ........................................................... 20PUBLICITY (JAN 2006) ......................................................... 21PURCHASE ORDERS (JAN 2006) ........................................ 21SETOFF (JAN 2006) ............................................................... 21SURVIVAL OF OBLIGATIONS (JAN 2006) ........................ 21TAXES (JAN 2006) ................................................................. 21TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006) 21THIRD PARTY BENEFICIARY (JAN 2006) ........................ 21WAIVER (JAN 2006) .............................................................. 22SECTION_VIIB ....................................................................... 22ACCEPTANCE OF OFFERS 10% BELOW PRICE (JAN 2006) 22CHANGES (JAN 2006) ........................................................... 22CISG (JAN 2006) ..................................................................... 22CONTRACT LIMITATIONS (JAN 2006) .............................. 7DEFAULT (JAN 2006) ............................................................ 23ESTIMATED QUANTITY -- PURCHASES FROM OTHER SOURCES (JAN 2006) 24ESTIMATED QUANTITY -- UNKNOWN (JAN 2006) ........ 24PRICE ADJUSTMENTS (JAN 2006) ..................................... 25PRICE ADJUSTMENT - LIMITED -- AFTER INITIAL TERM ONLY (JAN 2006) 25PRICE ADJUSTMENTS -- LIMITED BY PPI (JAN 2006) ... 25PRICING DATA -- AUDIT -- INSPECTION (JAN 2006) ..... 25PURCHASING CARD (JAN 2006) ........................................ 26RELATIONSHIP OF USING GOVERNMENTAL UNITS (JAN 2006) 26SHIPPING / RISK OF LOSS (JAN 2006) ............................... 26STATEWIDE TERM CONTRACT (JAN 2006) .................... 26STATEWIDE TERM CONTRACT -- SCOPE (JAN 2006) .. . 7TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006) 26TERM OF CONTRACT -- OPTION TO RENEW (JAN 2006) 26TERMINATION FOR CONVENIENCE -- INDEFINITE DELIVERY / INDEFINITE QUANTITY CONTRACTS (JAN 2006) ......................................................................................... 26TERMINATION FOR CONVENIENCE (JAN 2006) ............ 27SECTION_VIII ........................................................................ 27BIDDING SCHEDULE (NOV 2007) ...................................... 28SECTION_IX ........................................................................... 29LIST OF ATTACHMENTS ..................................................... 29NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING 29OFFEROR'S CHECKLIST (JUN 2007) .................................. 30SAP

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THIS REVISED INVITATION FOR BID REPLACES THE ORIGINAL INVITATION FOR BID. THE ORIGINAL BID MUST BE DISCARDED.

  I. SCOPE OF SOLICITATION  ACQUIRE SUPPLIES / EQUIPMENT (JAN 2006)  The purpose of this solicitation is to establish a source or sources of supply for the purchase of new supplies and/or equipment as listed.  [01-1015-1]

The State of SC seeks to establish a Statewide Term contract for medical supplies. The contract is available for use by all state agencies, political subdivisions, local governments, and other using governmental units in the State of South Carolina. The State may purchase approximately $20,000,000.00 in medical supplies over the potential five year term of this contract.

The State may elect to participate in the MMCAP (Minnesota Multistate Contracting Alliance for Pharmacy) multi-state cooperative contract for medical supplies in the year 2010 or later.

  MAXIMUM CONTRACT PERIOD - ESTIMATED (Jan 2006)  Start date: 11/07/2009 End date: 11/06/2014.  Dates provided are estimates only.  Any resulting contract will begin on the date specified in the notice of award.  See clause entitled "Term of Contract - Effective Date/Initial Contract Period".  [01-1040-1]  

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SAP

  II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS  DEFINITIONS (JAN 2006)  EXCEPT AS OTHERWISE PROVIDED HEREIN, THE FOLLOWING DEFINITIONS ARE APPLICABLE TO ALL PARTS OF THE SOLICITATION.  AMENDMENT means a document issued to supplement the original solicitation document.BOARD means the South Carolina Budget & Control Board.BUYER means the Procurement Officer.CHANGE ORDER means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract.CONTRACT See clause entitled Contract Documents & Order of Precedence.CONTRACT MODIFICATION means a written order signed by the Procurement Officer, directing the contractor to make changes which the changes clause of the contract authorizes the Procurement Officer to order without the consent of the contractor.CONTRACTOR means the Offeror receiving an award as a result of this solicitation.COVER PAGE means the top page of the original solicitation on which the solicitation is identified by number. Offerors are cautioned that Amendments may modify information provided on the Cover Page.OFFER means the bid or proposal submitted in response this solicitation. The terms Bid and Proposal are used interchangeably with the term Offer.OFFEROR means the single legal entity submitting the offer. The term Bidder is used interchangeably with the term Offeror. See bidding provisions entitled Signing Your Offer and Bid/Proposal As Offer To Contract.ORDERING ENTITY Using Governmental Unit that has submitted a Purchase Order.PAGE TWO means the second page of the original solicitation, which is labeled Page Two.PROCUREMENT OFFICER means the person, or his successor, identified as such on the Cover Page.YOU and YOUR means Offeror.SOLICITATION means this document, including all its parts, attachments, and any Amendments.STATE means the Using Governmental Unit(s) identified on the Cover Page.SUBCONTRACTOR means any person having a contract to perform work or render service to Contractor as a part of the Contractor's agreement arising from this solicitation.USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. If the Cover Page names a Statewide Term Contract as the Using Governmental Unit, the Solicitation seeks to establish a Term Contract [11-35-310(35)] open for use by all South Carolina Public Procurement Units [11-35-4610(5)].WORK means all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations under the Contract.[02-2A003-1]  AMENDMENTS TO SOLICITATION (JAN 2004)  (a) The Solicitation may be amended at any time prior to opening.  All actual and prospective Offerors should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov (b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment.  (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.  [02-2A005-1]  AWARD NOTIFICATION (NOV 2007)  Notice regarding any award or cancellation of award will be posted at the location specified on the Cover Page.  If the contract resulting from this Solicitation has a total or potential value of fifty thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation.  Should the contract resulting from this Solicitation have a total or potential value of one hundred thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation and any award will not be effective until the eleventh day after such notice is given.  [02-2A010-1]  BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)  

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By submitting Your Bid or Proposal, You are offering to enter into a contract with the Using Governmental Unit(s). Without further action by either party, a binding contract shall result upon final award. Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror on the Cover Page. An Offer may be submitted by only one legal entity; "joint bids" are not allowed.  [02-2A015-1]  BID ACCEPTANCE PERIOD (JAN 2004)  In order to withdraw Your Offer after the minimum period specified on the Cover Page, You must notify the Procurement Officer in writing.  [02-2A020-1]  BID IN ENGLISH and DOLLARS (JAN 2004)  Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the Solicitation.  [02-2A025-1]  BOARD AS PROCUREMENT AGENT (JAN 2004)  (a) Authorized Agent.  All authority regarding the conduct of this procurement is vested solely with the responsible Procurement Officer.  Unless specifically delegated in writing, the Procurement Officer is the only government official authorized to bind the government with regard to this procurement.  (b) Purchasing Liability.  The Procurement Officer is an employee of the Board acting on behalf of the Using Governmental Unit(s) pursuant to the Consolidated Procurement Code.  Any contracts awarded as a result of this procurement are between the Contractor and the Using Governmental Units(s). The Board is not a party to such contracts, unless and to the extent that the board is a using governmental unit, and bears no liability for any party's losses arising out of or relating in any way to the contract.  [02-2A030-1]  CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008) GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION MAY RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS AND OTHER APPLICABLE LAWS. (a) By submitting an offer, the offeror certifies that-   (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-(i) Those prices;(ii) The intention to submit an offer; or(iii) The methods or factors used to calculate the prices offered. (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory- (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; or (2)(i) Has been authorized, in writing, to act as agent for the offeror's principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification [As used in this subdivision (b)(2)(i), the term "principals" means the person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal]; 

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(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification. (c) If the offeror deletes or modifies paragraph (a)(2) of this certification, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.  [02-2A032-1] CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)  (a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-  (i) Offeror and/or any of its Principals-  (A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency;(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.  (ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any public (Federal, state, or local) entity.  (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).  (b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award, Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.  (c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the Offeror's responsibility. Failure of the Offeror to furnish additional information as requested by the Procurement Officer may render the Offeror nonresponsible.  (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.  (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in addition to other remedies available to the State, the Procurement Officer may terminate the contract resulting from this solicitation for default.[02-2A035-1]  CODE OF LAWS AVAILABLE (JAN 2006)  The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at:http://www.scstatehouse.net/code/statmast.htm.  The South Carolina Regulations are available at:http://www.scstatehouse.net/coderegs/statmast.htm.  [02-2A040-1]  COMPLETION OF FORMS/CORRECTION OF ERRORS (JAN 2006)  

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All prices and notations should be printed in ink or typewritten.  Errors should be crossed out, corrections entered and initialed by the person signing the bid.  Do not modify the solicitation document itself (including bid schedule). (Applicable only to offers submitted on paper.)  [02-2A045-1]  DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)  Any offer received after the Procurement Officer of the governmental body or his designee has declared that the time set for opening has arrived, shall be rejected unless the offer has been delivered to the designated purchasing office or the governmental bodies mail room which services that purchasing office prior to the bid opening.  [R.19-445.2070(H)]  [02-2A050-1]  DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)  By submitting an Offer, Contractor certifies that, if awarded a contract, Contractor will comply with all applicable provisions of The Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended.  [02-2A065-1]  DUTY TO INQUIRE (JAN 2006)  Offeror, by submitting an Offer, represents that it has read and understands the Solicitation and that its Offer is made in compliance with the Solicitation.  Offerors are expected to examine the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation.  Failure to do so will be at the Offeror's risk.  Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the State's attention.  [02-2A070-1]  ETHICS CERTIFICATE (MAY 2008) By submitting an offer, the offeror certifies that the offeror has and will comply with, and has not, and will not, induce a person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics act).  The following statutes require special attention:  Section 8-13-700, regarding use of official position for financial gain; Section 8-13-705, regarding gifts to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance of public official; Sections 8-13-755 and 8-13-760, regarding restrictions on employment by former public official; Section 8-13-775, prohibiting public official with economic interests from acting on contracts; Section 8-13-790, regarding recovery of kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342, regarding restrictions on contributions by contractor to candidate who participated in awarding of contract.  The state may rescind any contract and recover all amounts expended as a result of any action taken in violation of this provision.  If contractor participates, directly or indirectly, in the evaluation or award of public contracts, including without limitation, change orders or task orders regarding a public contract, contractor shall, if required by law to file such a statement, provide the statement required by Section 8-13-1150 to the procurement officer at the same time the law requires the statement to be filed.  [02-2A075-2] OMIT TAXES FROM PRICE (JAN 2004)  Do not include any sales or use taxes in Your price that the State may be required to pay.  [02-2A080-1]  PROTESTS (JUNE 2006)  Any prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitation of a contract shall protest within fifteen days of the date of issuance of the applicable solicitation document at issue.  Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract shall protest within ten days of the date notification of award is posted in accordance with this code.  A protest shall be in writing, shall set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided, and must be received by the appropriate Chief Procurement Officer within the time provided.  See clause entitled "Protest-CPO". [Section 11-35-4210]  [02-2A085-1]  PUBLIC OPENING (JAN 2004)  

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Offers will be publicly opened at the date/time and at the location identified on the Cover Page, or last Amendment, whichever is applicable.  [02-2A090-1]  QUESTIONS FROM OFFERORS (JAN 2004)  (a) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing.  Questions must be received by the Procurement Officer no later than five (5) days prior to opening unless otherwise stated on the Cover Page.  Label any communication regarding your questions with the name of the procurement officer, and the solicitation's title and number.  Oral explanations or instructions will not be binding.  Any information given a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an Amendment to the solicitation, if that information is necessary for submitting offers or if the lack of it would be prejudicial to other prospective offerors.  (b) The State seeks to permit maximum practicable competition. Offerors are urged to advise the Procurement Officer -- as soon as possible -- regarding any aspect of this procurement, including any aspect of the Solicitation, that unnecessarily or inappropriately limits full and open competition.  [02-2A095-1]  REJECTION/CANCELLATION (JAN 2004)  The State may cancel this solicitation in whole or in part. The State may reject any or all proposals in whole or in part.  [SC Code Section 11-35-1710 & R.19-445.2065]  [02-2A100-1]  RESPONSIVENESS/IMPROPER OFFERS (JAN 2004)  (a) Bid as Specified.  Offers for supplies or services other than those specified will not be considered unless authorized by the Solicitation.  (b) Multiple Offers.  Offerors may submit more than one Offer, provided that each Offer has significant differences other than price.  Each separate Offer must satisfy all Solicitation requirements. If this solicitation is an Invitation for Bids, each separate offer must be submitted as a separate document.  If this solicitation is a Request for Proposals, multiple offers may be submitted as one document, provided that you clearly differentiate between each offer and you submit a separate cost proposal for each offer, if applicable.  (c) Responsiveness.  Any Offer which fails to conform to the material requirements of the Solicitation may be rejected as nonresponsive. Offers which impose conditions that modify material requirements of the Solicitation may be rejected.  If a fixed price is required, an Offer will be rejected if the total possible cost to the State cannot be determined.  Offerors will not be given an opportunity to correct any material nonconformity.  Any deficiency resulting from a minor informality may be cured or waived at the sole discretion of the Procurement Officer.  [R.19-445.2070 and Section 11-35-1520(13)]  (d) Price Reasonableness:  Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price.  [R. 19-445.2070].  (e) Unbalanced Bidding.  The State may reject an Offer as nonresponsive if the prices bid are materially unbalanced between line items or subline items.  A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the State even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.[02-2A105-1]  RESTRICTIONS APPLICABLE TO OFFERORS (JAN 2004)  Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of the state Ethics Act.  (a) After issuance of the solicitation, you agree not to discuss this procurement activity in any way with the Using Governmental Unit or its employees, agents or officials All communications must be solely with the Procurement Officer.  This restriction may be lifted by express written permission from the Procurement Officer. This restriction expires once a contract has been formed.  (b) Unless otherwise approved in writing by the Procurement Officer, you agree not to give anything to any Using Governmental Unit or its employees, agents or officials prior to award. [02-2A110-1]   SIGNING YOUR OFFER (JAN 2004)

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  Every Offer must be signed by an individual with actual authority to bind the Offeror.  (a) If the Offeror is an individual, the Offer must be signed by that individual.  If the Offeror is an individual doing business as a firm, the Offer must be submitted in the firm name, signed by the individual, and state that the individual is doing business as a firm.  (b) If the Offeror is a partnership, the Offer must be submitted in the partnership name, followed by the words by its Partner, and signed by a general partner.  (c) If the Offeror is a corporation, the Offer must be submitted in the corporate name, followed by the signature and title of the person authorized to sign.  (d) An Offer may be submitted by a joint venturer involving any combination of individuals, partnerships, or corporations.  If the Offeror is a joint venture, the Offer must be submitted in the name of the Joint Venture and signed by every participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant.  (e) If an Offer is signed by an agent, other than as stated in subparagraphs (a) through (d) above, the Offer must state that is has been signed by an Agent.  Upon request, Offeror must provide proof of the agent's authorization to bind the principal.  [02-2A115-1]  STATE OFFICE CLOSINGS (JAN 2004)  If an emergency or unanticipated event interrupts normal government processes so that offers cannot be received at the government office designated for receipt of bids by the exact time specified in the solicitation, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal government processes resume.  In lieu of an automatic extension, an Amendment may be issued to reschedule bid opening.  If state offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule the conference.  Useful information may be available at: http://www.scemd.org/scgovweb/weather_alert.html [02-2A120-1]   SUBMITTING CONFIDENTIAL INFORMATION (AUG 2002)  (An overview is available at www.procurement.sc.gov) For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that Offeror contends contains information that is exempt from public disclosure because it is either (a) a trade secret as defined in Section 30-4-40(a)(1), or (b) privileged and confidential, as that phrase is used in Section 11-35-410. For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the words "TRADE SECRET" every page, or portion thereof, that Offeror contends contains a trade secret as that term is defined by Section 39-8-20 of the Trade Secrets Act.  For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word "PROTECTED" every page, or portion thereof, that Offeror contends is protected by Section 11-35-1810.  All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text.  Do not mark your entire response (bid, proposal, quote, etc.) as confidential, trade secret, or protected.  If your response, or any part thereof, is improperly marked as confidential or trade secret or protected, the State may, in its sole discretion, determine it nonresponsive.  If only portions of a page are subject to some protection, do not mark the entire page.  By submitting a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every page of every document regarding this solicitation or request that was submitted at any time prior to entering into a contract (including, but not limited to, documents contained in a response, documents submitted to clarify a response, and documents submitted during negotiations), unless the page is conspicuously marked "TRADE SECRET" or "CONFIDENTIAL" or "PROTECTED", (2) agrees that any information not marked, as required by these bidding instructions, as a "Trade Secret" is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that, notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other financial figures used to determine the award, as well as the final contract amount, are subject to public disclosure. In determining whether to release documents, the State will detrimentally rely on Offeror's marking of documents, as required by these bidding instructions, as being either "Confidential" or "Trade Secret" or "PROTECTED".  By submitting a response, Offeror agrees to defend, indemnify and hold harmless the State of South Carolina, its officers and employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney's fees, arising out of or resulting from the State withholding information that Offeror marked as "confidential" or "trade secret" or "PROTECTED".  (All references to S.C. Code of Laws.)  [02-2A125-1]  SUBMITTING YOUR OFFER OR MODIFICATION (JAN 2004)  (a) Offers and offer modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) - (1) Addressed to the office specified in the Solicitation; and (2) Showing the time and date specified for opening, the solicitation number, and the name and address of the bidder.  (b) If you are responding to more than one solicitation, each offer must be submitted in a different envelope or package.  (c) Each Offeror must submit the number of copies indicated on the Cover Page.  (d) Offerors using commercial carrier services shall ensure that the Offer is addressed and

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marked on the outermost envelope or wrapper as prescribed in paragraphs (a)(1) and (2) of this provision when delivered to the office specified in the Solicitation.  (e) Facsimile or e-mail offers, modifications, or withdrawals, will not be considered unless authorized by the Solicitation.  (f) Offers submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.  [02-2A130-1]  TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN 2008)  Pursuant to Section 12-6-3350, a taxpayer having a contract with this State who subcontracts with a socially and economically disadvantaged small business is eligible for an income tax credit equal to four percent of the payments to that subcontractor for work pursuant to the contract.  The subcontractor must be certified as a socially and economically disadvantaged small business as defined in Section 11-35-5010 and regulations pursuant to it.  The credit is limited to a maximum of fifty thousand dollars annually.  A taxpayer is eligible to claim the credit for ten consecutive taxable years beginning with the taxable year in which the first payment is made to the subcontractor that qualifies for the credit.  After the above ten consecutive taxable years, the taxpayer is no longer eligible for the credit.  A taxpayer claiming the credit shall maintain evidence of work performed for the contract by the subcontractor.  The credit may be claimed on Form TC-2, "Minority Business Credit."  A copy of the subcontractor's certificate from the Governor's Office of Small and Minority Business (OSMBA) is to be attached to the contractor's income tax return.  Questions regarding the tax credit and how to file are to be referred to:  SC Department of Revenue, Research and Review, Phone:  (803) 898-5786, Fax:  (803) 898-5888.  Questions regarding subcontractor certification are to be referred to:  Governor's Office of Small and Minority Business Assistance, Phone:  (803) 734-0657, Fax:  (803) 734-2498.  [02-2A135-1]  TAXPAYER IDENTIFICATION NUMBER (JAN 2004)  (a) If Offeror is owned or controlled by a common parent as defined in paragraph (b) of this provision, Offeror shall submit with its Offer the name and TIN of common parent.(b) Definitions:  "Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. "Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns.  The TIN may be either a Social Security Number or an Employer Identification Number.(c) If Offeror does not have a TIN, Offeror shall indicate if either a TIN has been applied for or a TIN is not required.  If a TIN is not required, indicate whether (i) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; (ii) Offeror is an agency or instrumentality of a state or local government; (iii) Offeror is an agency or instrumentality of a foreign government; or (iv) Offeror is an agency or instrumentality of the Federal Government.  [02-2A140-1]  VENDOR REGISTRATION MANDATORY (JAN 2006)  You must have a state vendor number to be eligible to submit an offer.  To obtain a state vendor number, visit www.procurement.sc.gov and select New Vendor Registration.  (To determine if your business is already registered, go to "Vendor Search").  Upon registration, you will be assigned a state vendor number.  Vendors must keep their vendor information current.  If you are already registered, you can update your information by selecting Change Vendor Registration.  (Please note that vendor registration does not substitute for any obligation to register with the S.C. Secretary of State or S.C. Department of Revenue. You can register with the agencies athttp://www.scbos.com/default.htm)  [02-2A145-1]  WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)  Offers may be withdrawn by written notice received at any time before the exact time set for opening.  If the Solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for opening.  A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.  The withdrawal and correction of Offers is governed by S.C. Code Section 11-35-1520 and Regulation 19-445.2085.  [02-2A150-1]  

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SAP

  II. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS

BID “PRICING” - COST PLUS

Bids shall be submitted in the form of a cost plus mark-up formula for a list of market basket products and a single mark-up for the remainder of products, offered by the Contractor, which are not in the market basket. Mark-ups shall apply to the quantity ordered and will be a firm delivered price to the ordering agencies or local procurement units as applicable. The mark-up is to include all factors necessary to the bidder, such as overhead, profit, and handling.

 CONFERENCE - PRE-BID/PROPOSAL (JAN 2006)  Pre-Bid/Proposal Conference Date and Time: 08/24/2009 2:00 pm

Location of Pre-Bid/Proposal Conference:

Materials Management Office 1201 Main Street, Suite 600 Columbia, SC 29201   Due to the importance of all offerors having a clear understanding of the specifications and requirements of this solicitation, a conference of potential offerors will be held on the date specified on the cover page.  Bring a copy of the solicitation with you.  Any changes resulting from this conference will be noted in a written amendment to the solicitation.  Your failure to attend will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the State.  The State assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available at the conference.  Nor does the State assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.  [02-2B025-1]    CLARIFICATION (NOV 2007)  Pursuant to Section 11-35-1520(8), the Procurement Officer may elect to communicate with you after opening for the purpose of clarifying either your offer or the requirements of the solicitation.  Such communications may be conducted only with offerors who have submitted an offer which obviously conforms in all material aspects to the solicitation. Clarification of an offer must be documented in writing and included with the offer.  Clarifications may not be used to revise an offer or the solicitation.  [Section 11-35-1520(8); R.19-445.2080]  [02-2B055-1]

MAGNETIC MEDIA -- REQUIRED FORMAT (JAN 2006) As noted on the cover page, an original hard copy of your offer must be accompanied by the specified number of copies in the following electronic format: compact disk (CD) in one of the following formats:   CD-R; DVD ROM; DVD-R;   or DVD+R Formats such as CD-RW, DVD-RAM, DVD-RW, DVD-+RW, or DVIX are not acceptable and will result in the Offeror's proposal being rejected.  Every CD must be labeled with offeror's name, solicitation number, and specify whether contents address technical proposal or business proposal.  If multiple CD sets are provided, each CD in the set must be appropriately identified as to its relationship to the set, e.g., 1 of 2.  Each CD must be identical to the original hard copy.  File format shall be MS Word 97 or later.  [02-2B070-1]   MAIL PICKUP (JAN 2006)  The State Procurement Office picks up all mail from The US Postal Service once daily around 8:30 a.m. (excluding weekends and holidays).  See provision entitled Deadline for Submission of Offer.  [02-2B080-1] PRICE INDICATED AS MARK-UP (REVISED – AMENDMENT 3) Your price must be in the form of a cost plus mark-up to apply to the market basket spreadsheet, items 2-94. You may apply different markups to each item within the market basket. A separate single percentage mark-up shall be offered for the remainder of products (catalog) available from the Contractor.    See the revised bid schedule.

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 PROTEST - CPO - MMO ADDRESS (JUNE 2006)  Any protest must be addressed to the Chief Procurement Officer, Materials Management Office, and submitted in writing (a) by email to protest-mmo@mmo.state.sc.us , (b) by facsimile at 803-737-0639 , or (c) by post or delivery to 1201 Main Street, Suite 600, Columbia, SC 29201. [02-2B122-1]  UNIT PRICES REQUIRED (Revised amendment number 3)  The cost and mark-up are to be shown for each item on the market basket spreadsheet.    

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  III. SCOPE OF WORK/SPECIFICATIONS

The State of SC wishes to purchase medical supplies via online ordering. In particular the State intends during the first term of the contract to set up a “punch out” catalog through SCEIS. Currently, the top (revised – amendment 3) 98 highest dollar volume of products purchased have been provided in a market basket. The remainder of products not offered on this list will be purchased at a single mark-up percent.

Bidder must have a website available for the State to access at the time a bid is submitted and subsequently for all end users to access for online ordering. The link will be used for verification of online ordering prior to award; therefore, provide all necessary passwords, user ids, and instructions to access the website.

The offerors will publish the market basket products and additional items offered under this contract on the official website. The two columns which should be shown are the cost and the state’s price with mark-up. This will alleviate the guess work in the states price. Contract prices must be in effect and available on the website by November 7, 2009.

Credit applications will not be a requirement for any end user of this contract.

(Revised – amendment number three) Offerors will bid on the product listed as indicated on Attachment 1 (market basket) or an equal product. Space has been provided to offer an equal product.

The mark-up percentage will remain fixed for the initial contract period plus all exercised optional renewal periods. The market basket products and balance of products are allowed price increases and decreases, as described in section VII.

Terms and Conditions B. Special, clauses Price Adjustments. Contractor will provide increase and decrease information on CD-ROM to the Materials Management Office. Prices will not become effective until they are updated on the offeror’s online ordering website. The Balance of Products must also follow the previous three bulleted items.

The State’s intent is to reduce the complexity and cost of the procurement of medical supplies, decrease turnaround time, enhance contractor support, and assure a functional process for the procurement of medical supplies and other related services. The contractor will establish working relationships between his management staff and each individual agency in order to meet their requirements for ordering, receiving, stocking, etc.

The contractor will work with requesting agencies to establish a customized list of regularly purchased products (stock items) to keep available for delivery. The market basket only provides actual usage from November 6, 2009 through July 31, 2009 from Cardinal Health. These are not to be construed as stock items.

During the initial start up of this contract, the contractor must be available, in person, for assistance to those agencies/facilities that need orientation to the ordering procedures. This training must address all aspects of acquisition at no cost to the State.

DELIVERY AND FREIGHT CHARGES

A. The State requires delivery of medical supplies on an as needed basis for all agencies. Delivery times will be during regular business hours, or as determined by the Agency. Scheduled deliveries will be a minimum of five days a week with some multiple deliveries per day. Additionally, in cases of need and/or emergency, weekend delivery will be required.

B. Standard deliveries will be made within (3) three business days after receipt of order. All deliveries shall be considered inside delivery with no additional charge. All deliveries shall be delivered to either a designated desktop or a single dock delivery based upon the needs of the user.

C. All goods shall be delivered F.O.B. Destination to any point in the State with all transportation charges prepaid and included in prices offered, regardless of the quantity ordered. Users are not required to use this contract for orders less than one hundred dollars ($100.00). Contractors are likewise not required to accept orders for less than that amount. However, regardless of order size, all contract items shall be sold at the contract price. Orders which do not meet the ($100.00) minimum order may be charged actual freight charges. The difference between the order total and $100.00 may not be charged in this contract. If multiple deliveries are made within a single agency location, the $100.00 minimum will apply to each order. Transportation charges will be allowed if the customer requests special delivery other than what is stated herein.

D. There will be no freight charges on the delivery of backordered items when the original order was $100.00 or more.

E. Until receipt and acceptance by the agency, items furnished will remain the liability of the contractor, including all risk of loss and damage in any stage of shipment.

BILLING

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F. All orders received must be accompanied by a packing list indicating quantities ordered, quantities shipped, a description of the item, product code, backordered items with designated release date, and a purchase order number. Contractor must work with the individual agencies in developing a favorable invoice that would result in more efficient ways of dealing with the billing process.

MATERIAL SAFETY DATA SHEET

G. Material safety data sheets (MSDS), when applicable, must be delivered or available on line with all items. MSDS sheets can be made available online or as requested by each individual agency.

RETURN GOODS POLICY

H. Bidders shall submit their return goods policy with their bids. As a minimum requirement, the contractors shall be responsible for filing, processing, and collecting all claims for damaged products, and for promptly replacing any defective item in a timely manner.

I. The contractor must establish individual accounts for not only the various agencies, but also facilities and/or departments within agencies. The State at its discretion will conduct audits of any part (or total) of this account(s). Contractor will make available all information necessary for a successful and complete audit. There is not set numbers of audits.

REPORTSJ. As required by the agency, the contractor must issue monthly, quarterly, or yearly comprehensive reports, with all information

necessary to track and report items, usage, etc. In the future, the State may request access to reports from paper to a live report. The contractors will provide a consolidated annual report to MMO annually. Reports must be easy to understand in order to monitor facility compliance.

ORDER ENTRY:K. The contractor must make computerized order entry available to all agencies, and provide the on-line computer order entry software

at NO CHARGE to the State, agency or facility if required. The contractors will also offer alternate methods of placing orders for those agencies that do not have electronic capability.

L. Successful bidders shall be required to work with SCEIS (South Carolina Enterprise Information System) to initiate a “punch out’ catalog for the State’s new automated procurement system within the first term of the contract at no additional cost to the State.

OUT OF STOCK/RETURNS

M. The contractor must notify the ordering agency when an item is out of stock. The State reserves the right to procure out of stock items from other sources in these situations. Agencies will first utilize this contract’s sources. For ordering purposes, substitutions are not permitted without the consent of the end user. The discounts will apply to substitutions. No blanket approval statewide is acceptable.

N. Defective products, miss-fills/sent, or items with short-term or otherwise unacceptable dating will be authorized for 100% return, including any freight charges, upon prompt notification by the receiving agency/facility. The contractor will be responsible for notification and pickup or return of all product recalls. Support personnel or sales representatives will work in coordination with each facility to assure prompt handling of each transaction.

O. The contractor will accept returned products. If a restocking fee is charged, the State will pay the fee. The contractor must notify the agency/facility of all non-returnable items at the time of ordering or quoting a price. If the agency is not notified the company is liable to accept the returned item.

P. In the event that a contract item is out-of-stock, and is needed by the agency/facility, and neither contractor is able to supply the product within the requested time frame, the agency may purchase the product on the open market. Emergency situations will be determined from the nature of the item and the decision of the ordering agency. Additionally, if the cost to the State exceeds the cost which would normally be made available by the contractor, the State reserves the right to charge back the cost difference of the item to the appropriate contractor, except in circumstances beyond the contractor’s control, i.e. manufacturer’s shortage, national emergency, or raw material shortage.

Q. The Contractor will work with user agencies, etc. in determining needs and stocking sufficient quantities of various products/items to insure prompt deliveries.

R. Definitions

MEDICAL SUPPLIES are defined as patient care products that are recognized by use and categories.

Examples are, but not limited to:Patient/staff apparelAdmission supplies and productsHand held instruments, urological, surgical, and respiratory

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Pharmacy related supplies [excluding pharmaceuticals] Disposable dressings, orthopedic disposables Other related categories

S. Exclusions – (Revised amendment number 3)

There may be an overlap in products that are often included in a Medical Supply Catalog and the catalogs currently being used in the statewide Laboratory equipment, chemicals and supplies Contract and Pharmaceuticals – Minnesota Multi-State Cooperative.

Contracts should employ a formulary lockout for excluded items.

The following is a list of items and/or categories excluded from contracts awarded by this solicitation.

Capital equipment catalog items whose cost exceeds $4,999.00 per unit, and Products covered by the statewide Laboratory and pharmaceuticals contracts, and Hospital beds, hospital furniture, and other like items.

T. The contractor will provide a toll free telephone number. Provide a sufficient number of sales/technical representatives who will call on end users in person or by telephone. The representatives will resolve and answer questions within 24 hours of routine requests.

U. Offeror must provide to the State/Agency, when applicable, promotional allowances and rebates.

V. Offeror will provide support to satisfy a high service level for a contract of this magnitude. This will, sufficient warehouse(s) inventory, ability to distribute, or network, to the entire State of South Carolina, recognizing that all State Agencies are mandated to utilize this contract [usage by counties and municipalities is optional].

W. For secure facilities such as jails and prisons, special accommodations for delivery may be necessary on a case by case basis. The procurement department for each facility may address this issue.

  SEE BIDDING SCHEDULE  See Bidding Schedule  [03-3005-1]  DELIVERY/PERFORMANCE LOCATION -- PURCHASE ORDER (JAN 2006)  After award, all deliveries shall be made and all services provided to the location specified by the Using Governmental Unit in its purchase order.  [03-3015-1]  DELIVERY COSTS -- EXEMPTION (JAN 2006)  For individual orders involving less than $100.00, contractor shall ship these orders prepaid, add the shipping charges to the invoice as a separate charge and include in the invoice total for payment by Using Governmental Unit.  [03-3035-1]  DELIVERY DATE -- PURCHASE ORDER   All items shall be delivered within 3 days after receipt of purchase order or as specified elsewhere, herein.    QUALITY -- NEW (JAN 2006)  All items must be new.  [03-3060-1]  

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  IV. INFORMATION FOR OFFERORS TO SUBMIT  INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (JAN 2006)  Offeror shall submit a signed Cover Page and Page Two.  Offeror should submit all other information and documents requested in this part and in parts II.B. Special Instructions; III. Scope of Work; V. Qualifications; VIII. Bidding Schedule/Price Proposal; and any appropriate attachments addressed in section IX. Attachments to Solicitations.  [04-4010-1] Please submit the following information: (Revised amendment number 3)

1. Minority participation information 2. Sales Representative Contact Information for this contract.

a. Offerors must provide one or two points of contact with which the Customer and MMO will communicate should issues arise during the performance phase of the contract. This contact person shall be responsible for conducting communications with their suppliers if necessary. Please provide contact information for this person below:

CUSTOMER CONTACT:b. Name: ___________________________________________c. Address: ____________________________________________

____________________________________________d. Phone #: ____________________________________________e. Cell#: ____________________________________________f. Fax #: ____________________________________________g. E-mail: ____________________________________________

MMO CONTACT: h. Name: ___________________________________________i. Address: ____________________________________________

____________________________________________j. Phone #: ____________________________________________k. Cell#: ____________________________________________l. Fax #: ____________________________________________m. E-mail: ____________________________________________

3. Return goods policy

4. Provide an electronic copy and print out of the medical supply market basket on a (CD-ROM). The formulas are already built into the spreadsheet. Enter the states price and the extended column will automatically multiply the quantity and states price.

5. Provide bidders schedule

6. Website link, passwords, user id’s and any instructions. MINORITY PARTICIPATION (JAN 2006)  Is the bidder a South Carolina Certified Minority Business?  [  ] Yes     [  ] No  Is the bidder a Minority Business certified by another governmental entity?  [  ] Yes     [  ] No  If so, please list the certifying governmental entity:  _________________________  Will any of the work under this contract be performed by a SC certified Minority Business as a subcontractor?  [  ] Yes     [ ] No  If so, what percentage of the total value of the contract will be performed by a SC certified Minority Business as a subcontractor?  _____________  Will any of the work under this contract be performed by a minority business certified by another governmental entity as a subcontractor?  [  ] Yes     [  ] No  If so, what percentage of the total value of the contract will be performed by a minority business certified by another

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governmental entity as a subcontractor?  _____________  If a certified Minority Business is participating in this contract, please indicate all categories for which the Business is certified:  [  ]  Traditional minority[  ]  Traditional minority, but female[  ]  Women (Caucasian females)[  ]  Hispanic minorities[  ]  DOT referral (Traditional minority)[  ]  DOT referral (Caucasian female)[  ]  Temporary certification[  ]  SBA 8 (a) certification referral[  ]  Other minorities (Native American, Asian, etc.)  (If more than one minority contractor will be utilized in the performance of this contract, please provide the information above for each minority business.)  For a list of certified minority firms, please consult the Minority Business Directory, which is available at the following URL:http://www.govoepp.state.sc.us/osmba/[04-4015-1]  SAP

  V. QUALIFICATIONS  QUALIFICATION OF OFFEROR (JAN 2006)  To be eligible for award of a contract, a prospective contractor must be responsible.  In evaluating an Offeror's responsibility, the State Standards of Responsibility [R.19-445.2125] and information from any other source may be considered.  An Offeror must, upon request of the State, 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.  S.C. Code Section 11-35-1810.  [05-5005-1]  

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SAP

  VI. AWARD CRITERIA  AWARD CRITERIA -- BIDS   Award will be made to the two responsive and responsible offerors whose bid responses provide the lowest Grand Total per the illustration below.  The intent is to promote competition after award, from which the agencies may compare the lowest total price, after mark-up among both contractors, to obtain the more advantageous price.

CALCULATING THE BIDThe following formula will be used to determine the amount of your offer.

The market basket products are in an excel spreadsheet (attachment 1) which has already been populated with formulas to obtain the grand total.

For the Market Basket items:

Grand total $________ X 48% (weight) = $_______________(A)

Catalog items not included in the market basket: (Revised amendment number 3)

$1,800,000.00 customer sales X ______% mark-up = $_________________ + $1,800,000.00 = $_____________ X 52% (weight) = $_______________(B)

Market Basket Total (A)+ Catalog Mark-up Total (B)

Grand Total ( insert on page 31 )

FOR EXAMPLE:

 Market Basket items:Grand total $_1,000,000.00_ X 48% (weight) = $_480,000.00

Catalog Mark-up items: (Revised amendment number 3)

$1,800,000.00 customer sales X _5_% mark-up = $___90,000.00 + $1,800,000.00 =$ 1,890,000.00 X 52% (weight) = $ 982,800.00.

Market Basket Total $ 480,000.00Catalog Mark-Up Total +$ 982,800.00Grand Total $ 1,462,800.00  [06-6050-1]  COMPETITION FROM PUBLIC ENTITIES (JAN 2006)  If a South Carolina governmental entity submits an offer, the Procurement Officer will, when determining the lowest offer, add to the price provided in any offers submitted by non-governmental entities a percentage equivalent to any applicable sales or use tax.  S.C. Code Ann. Regs 117-304.1 (Supp. 2004).  [06-6057-1]  

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UNIT PRICE GOVERNS (Revised amendment number 3)  In determining award, unit prices (State Price – column K of market basket spreadsheet) will govern over extended prices unless otherwise stated.     SAP

  VII. TERMS AND CONDITIONS -- A. GENERAL  ASSIGNMENT (JAN 2006)  No contract or its provisions may be assigned, sublet, or transferred without the written consent of the Procurement Officer. [07-7A004-1]  BANKRUPTCY (JAN 2006)  (a) Notice.  In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy to the Using Governmental Unit.  This notification shall be furnished within five (5) days of the initiation of the proceedings relating to the bankruptcy filing.  This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of all State contracts against which final payment has not been made.  This obligation remains in effect until final payment under this Contract.  (b) Termination.  This contract is voidable and subject to immediate termination by the State upon the contractor's insolvency, including the filing of proceedings in bankruptcy.  [07-7A005-1]  CHOICE-OF-LAW (JAN 2006)  The Agreement, any dispute, claim, or controversy relating to the Agreement, and all the rights and obligations of the parties shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of South Carolina, except its choice of law rules.  As used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or contemplated by the solicitation.  [07-7A010-1]  CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (JAN 2006)  (a) Any contract resulting from this solicitation shall consist of the following documents:  (1) a Record of Negotiations, if any, executed by you and the Procurement Officer,  (2) documentation regarding the clarification of an offer [e.g., 11-35-1520(8) or 11-35-1530(6)], if applicable,  (3) the solicitation, as amended,  (4) modifications, if any, to your offer, if accepted by the Procurement Officer,  (5) your offer,  (6) any statement reflecting the state's final acceptance (a/k/a "award"), and (7) purchase orders.  These documents shall be read to be consistent and complimentary.  Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above.  (b) The terms and conditions of documents (1) through (6) above shall apply notwithstanding any additional or different terms and conditions in either (i) a purchase order or other instrument submitted by the State or (ii) any invoice or other document submitted by Contractor.  Except as otherwise allowed herein, the terms and conditions of all such documents shall be void and of no effect.  (c) No contract, license, or other agreement containing contractual terms and conditions will be signed by any Using Governmental Unit.  Any document signed or otherwise agreed to by persons other than the Procurement Officer shall be void and of no effect.  [07-7A015-1]  DISCOUNT FOR PROMPT PAYMENT (JAN 2006)  (a) Discounts for prompt payment will not be considered in the evaluation of offers.  However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror.  As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.  (b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice.  If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the state annotates such invoice with the date of receipt at the time of receipt.  For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date.  When the discount date falls on a Saturday,

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Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day[07-7A020-1]  DISPUTES (JAN 2006)  (1) Choice-of-Forum.  All disputes, claims, or controversies relating to the Agreement shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Richland County, State of South Carolina.  Contractor agrees that any act by the Government regarding the Agreement is not a waiver of either the Government's sovereign immunity or the Government's immunity under the Eleventh Amendment of the United State's Constitution.  As used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or contemplated by the solicitation.  (2) Service of Process. Contractor consents that any papers, notices, or process necessary or proper for the initiation or continuation of any disputes, claims, or controversies relating to the Agreement; for any court action in connection therewith; or for the entry of judgment on any award made, may be served on Contractor by certified mail (return receipt requested) addressed to Contractor at the address provided as the Notice Address on Page Two or by personal service or by any other manner that is permitted by law, in or outside South Carolina.  Notice by certified mail is deemed duly given upon deposit in the United States mail.  [07-7A025-1]  EQUAL OPPORTUNITY (JAN 2006)  Contractor is referred to and shall comply with all applicable provisions, if any, of Title 41, Part 60 of the Code of Federal Regulations, including but not limited to Sections 60-1.4, 60-4.2, 60-4.3, 60-250.5(a), and 60-741.5(a), which are hereby incorporated by reference.  [07-7A030-1]  FALSE CLAIMS (JAN 2006)  According to the S.C. Code of Laws Section 16-13-240, "a person who by false pretense or representation obtains the signature of a person to a written instrument or obtains from another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud a person of that property is guilty" of a crime.  [07-7A035-1]  FIXED PRICING REQUIRED (JAN 2006)  Any pricing provided by contractor shall include all costs for performing the work associated with that price.  Except as otherwise provided in this solicitation, contractor's price shall be fixed for the duration of this contract, including option terms.  This clause does not prohibit contractor from offering lower pricing after award.  [07-7A040-1]  NON-INDEMNIFICATION (JAN 2006)  Any term or condition is void to the extent it requires the State to indemnify anyone.  [07-7A045-1]  NOTICE (JAN 2006)  (A) After award, any notices shall be in writing and shall be deemed duly given (1) upon actual delivery, if delivery is by hand, (2) upon receipt by the transmitting party of automated confirmation or answer back from the recipient's device if delivery is by telex, telegram, facsimile, or electronic mail, or (3) upon deposit into the United States mail, if postage is prepaid, a return receipt is requested, and either registered or certified mail is used.  (B) Notice to contractor shall be to the address identified as the Notice Address on Page Two.  Notice to the state shall be to the Procurement Officer's address on the Cover Page.  Either party may designate a different address for notice by giving notice in accordance with this paragraph.  [07-7A050-1]  PAYMENT (JAN 2006)  (a) The Using Governmental Unit shall pay the Contractor, after the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract.  Unless otherwise specified in this contract, including the purchase order, payment shall not be made on partial deliveries accepted by the Government.  (b) Unless the purchase order specifies another method of

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payment, payment will be made by check.  (c) Payment and interest shall be made in accordance with S.C. Code Section 11-35-45.  Contractor waives imposition of an interest penalty unless the invoice submitted specifies that the late penalty is applicable.  [07-7A055-1]  PUBLICITY (JAN 2006)  Contractor shall not publish any comments or quotes by State employees, or include the State in either news releases or a published list of customers, without the prior written approval of the Procurement Officer.  [07-7A060-1]  PURCHASE ORDERS (JAN 2006)  Contractor shall not perform any work prior to the receipt of a purchase order from the using governmental unit.  The using governmental unit shall order any supplies or services to be furnished under this contract by issuing a purchase order. Purchase orders may be used to elect any options available under this contract, e.g., quantity, item, delivery date, payment method, but are subject to all terms and conditions of this contract.  Purchase orders may be electronic.  No particular form is required.  An order placed pursuant to the purchasing card provision qualifies as a purchase order.  [07-7A065-1]  SETOFF (JAN 2006)  The state shall have all of its common law, equitable, and statutory rights of set-off.  These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the state with regard to this contract, any other contract with any state department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the state for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto.  [07-7A070-1]  SURVIVAL OF OBLIGATIONS (JAN 2006)  The Parties' rights and obligations which, by their nature, would continue beyond the termination, cancellation, rejection, or expiration of this contract shall survive such termination, cancellation, rejection, or expiration, including, but not limited to, the rights and obligations created by the following clauses:  Indemnification - Third Party Claims, Intellectual Property Indemnification, and any provisions regarding warranty or audit.  [07-7A075-1]  TAXES (JAN 2006)  Any tax the contractor may be required to collect or pay upon the sale, use or delivery of the products shall be paid by the State, and such sums shall be due and payable to the contractor upon acceptance.  Any personal property taxes levied after delivery shall be paid by the State.  It shall be solely the State's obligation, after payment to contractor, to challenge the applicability of any tax by negotiation with, or action against, the taxing authority.  Contractor agrees to refund any tax collected, which is subsequently determined not to be proper and for which a refund has been paid to contractor by the taxing authority.  In the event that the contractor fails to pay, or delays in paying, to any taxing authorities, sums paid by the State to contractor, contractor shall be liable to the State for any loss (such as the assessment of additional interest) caused by virtue of this failure or delay.  Taxes based on Contractor's net income or assets shall be the sole responsibility of the contractor.  [07-7A080-1]  TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)  Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor.  When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled.  In the event of a cancellation pursuant to this paragraph, contractor will be reimbursed the resulting unamortized, reasonably incurred, nonrecurring costs.  Contractor will not be reimbursed any costs amortized beyond the initial contract term.  [07-7A085-1]  THIRD PARTY BENEFICIARY (JAN 2006)  This Contract is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns, and no other person will have any rights, interest, or claims hereunder or be entitled to any benefits under or on

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account of this Contract as a third party beneficiary or otherwise.  [07-7A090-1]  WAIVER (JAN 2006)  The State does not waive any prior or subsequent breach of the terms of the Contract by making payments on the Contract, by failing to terminate the Contract for lack of performance, or by failing to strictly or promptly insist upon any term of the Contract.  Only the Procurement Officer has actual authority to waive any of the State's rights under this Contract.  Any waiver must be in writing.  [07-7A095-1]  SAP

  VII. TERMS AND CONDITIONS -- B. SPECIAL  ACCEPTANCE OF OFFERS 10% BELOW PRICE (JAN 2006)  If the state is offered the exact same item on the exact same terms and conditions as those provided under this contract by a vendor other than the contractor (the "alternate vendor") for a price that is at least ten percent less than the contract price, the state may purchase those items from the alternate vendor if the contractor does not agree to meet the offered price.  Any acquisition pursuant to this clause must be documented by the Procurement Officer in sufficient detail to satisfy the requirements of an external audit.  [07-7B010-1]  CHANGES (JAN 2006)  (1)  Contract Modification.  By a written order, at any time, and without notice to any surety, the Procurement Officer may, subject to all appropriate adjustments, make changes within the general scope of this contract in any one or more of the following:  (a)  drawings, designs, or specifications, if the supplies to be furnished are to be specially manufactured for the [State] in accordance therewith;(b)  method of shipment or packing;(c)  place of delivery;(d)  description of services to be performed;(e)  time of performance (i.e., hours of the day, days of the week, etc.); or,(f)  place of performance of the services.  Subparagraphs (a) to (c) apply only if supplies are furnished under this contract. Subparagraphs (d) to (f) apply only if services are performed under this contract.  (2)  Adjustments of Price or Time for Performance.  If any such change increases or decreases the contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, an adjustment shall be made in the contract price, the delivery schedule, or both, and the contract modified in writing accordingly.  Any adjustment in contract price made pursuant to this clause shall be determined in accordance with the Price Adjustment Clause of this contract.  Failure of the parties to agree to an adjustment shall not excuse the contractor from proceeding with the contract as changed, provided that the State promptly and duly make such provisional adjustments in payment or time for performance as may be reasonable.  By proceeding with the work, the contractor shall not be deemed to have prejudiced any claim for additional compensation, or an extension of time for completion.(3)  Time Period for Claim.  Within 30 days after receipt of a written contract modification under Paragraph (1) of this clause, unless such period is extended by the Procurement Officer in writing, the contractor shall file notice of intent to assert a claim for an adjustment.  Later notification shall not bar the contractor's claim unless the State is prejudiced by the delay in notification.(4)  Claim Barred After Final Payment.  No claim by the contractor for an adjustment hereunder shall be allowed if notice is not given prior to final payment under this contract.[07-7B025-1]  CISG (JAN 2006)  The parties expressly agree that the UN Convention on the International Sale of Goods shall not apply to this agreement. [07-7B030-1]  CONTRACT LIMITATIONS (JAN 2006)  

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No sales may be made pursuant to this contract for any item or service that is not expressly listed.  No sales may be made pursuant to this contract after expiration of this contract.  Violation of this provision may result in termination of this contract and may subject contractor to suspension or debarment.  [07-7B045-1]  DEFAULT (JAN 2006)  (a) (1) The State may, subject to paragraphs (c) and (d) of this clause, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to:  (i) Deliver the supplies or to perform the services within the time specified in this contract or any extension;  (ii) Make progress, so as to endanger performance of this contract (but see paragraph (a)(2) of this clause); or  (iii) Perform any of the other material provisions of this contract (but see paragraph (a)(2) of this clause).  (2) The State's right to terminate this contract under subdivisions (a)(1)(ii) and (1)(iii) of this clause, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Procurement Officer) after receipt of the notice from the Procurement Officer specifying the failure.  (b) If the State terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Procurement Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services.  However, the Contractor shall continue the work not terminated.  (c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor.  Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the State in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather.  In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor.  (d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.  (e) If this contract is terminated for default, the State may require the Contractor to transfer title and deliver to the State, as directed by the Procurement Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as "manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract.  Upon direction of the Procurement Officer, the Contractor shall also protect and preserve property in its possession in which the State has an interest.  (f) The State shall pay contract price for completed supplies delivered and accepted.  The Contractor and Procurement Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property; if the parties fail to agree, the Procurement Officer shall set an amount subject to the Contractor's rights under the Disputes clause.  Failure to agree will be a dispute under the Disputes clause.  The State may withhold from these amounts any sum the Procurement Officer determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.  (g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the State, be the same as if the termination had been issued for the convenience of the State.  If, in the foregoing circumstances, this contract does not contain a clause providing for termination for convenience of the State, the contract shall be adjusted to compensate for such termination and the contract modified accordingly subject to the contractor's rights under the Disputes clause.  (h) The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or under this contract.  

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[07-7B075-1]  ESTIMATED QUANTITY -- PURCHASES FROM OTHER SOURCES (JAN 2006)  The state may bid separately any unusual requirements or large quantities of supplies covered by this contract.  [07-7B090-1]  ESTIMATED QUANTITY -- UNKNOWN (JAN 2006)  The total quantity of purchases of any individual item on the contract is not known.  The State does not guarantee that the State will buy any specified item or total amount.  The omission of an estimated purchase quantity does not indicate a lack of need but rather a lack of historical information.  [07-7B095-1]

FEE FOR ADMINISTRATIVE SERVICES - RECEIPTS - SPO (OCT 2007) As provided herein, a public procurement unit, by participating in this contract, owes the Materials Management Office (MMO) a Fee for administrative services.  A public procurement unit shall pay the Fee directly to Contractor as a part of the contract price.  Contractor is responsible for collecting this Fee from participating public procurement units (state and local) and paying the Fee to MMO.  The price stated in any offeror's bid or proposal shall include all amounts necessary for Contractor to meet this obligation.  Contractor shall factor the Fee into its contract pricing and shall not separately itemize or invoice for the Fee.(a)  For each Payment Period, Contractor shall pay to MMO a Fee equal to .75% of the total dollar amount (excluding sales taxes & adjusted for credits or refunds) received from any public procurement unit by Contractor pursuant to this Agreement.  As used in this clause, the term "Payment Period" means each full calendar quarter (Jan. -- Mar., Apr. -- Jun., Jul. -- Sep., and Oct. -- Dec.) and any periods less than a full calendar quarter during the term of this Agreement.  Payment for each Payment Period must be received on or before the last day of the month immediately following the end of the Payment Period (Example: Payment for the quarterly "Payment Period" of Jan. - Mar. 2004 is due on or before April 30, 2004).  Payments are to be mailed to:  Materials Management Office, Attn: Contract Admin. Fee, 1201 Main Street, Suite 600, Columbia, S.C., 29201.  Payments shall be made to the order of the Materials Management Office.  If the amount due for a Payment Period is less than $10.00, no payment is required.(b)  Contractor shall submit a Usage Report for each Payment Period, even if no payment is due for the Payment Period.  The Usage Report shall include any information requested by MMO to verify the amount due.  At a minimum, each Usage Report shall reflect the following information for the applicable Payment Period:  contractor's name, contract number, contract description, Payment Period/quarter, Total Dollar Value of Invoice Payments Received (excluding sales taxes and showing any adjustments for credits or refunds), Total Number of Units (if practicable) , and the number, date, and amount of Contractor's check to MMO.  The MMO procurement officer may require the Contractor to provide a separate, more detailed usage report.  Should this be necessary, the procurement officer will work directly with the contractor to determine the appropriate content and format of the separate report.  Separate reports may be required on a quarterly basis.(c)  During the term of this Agreement and for a period of three years thereafter, MMO, its auditors, or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records in order to audit all records relating to goods sold or work performed pursuant to this Agreement.  If such an audit indicates that Contractor has materially underpaid MMO, then Contractor shall remit the underpayment and reimburse MMO for all costs of the audit.(d)  All amounts that become payable by the Contractor to MMO under this Agreement shall bear simple interest from the date due until paid unless paid within 30 calendar days of becoming due.  The interest rate shall be the highest prime rate (as published in The Wall Street Journal) plus 2% per annum (unless a higher rate is provided by law, but in no event be greater than the maximum interest rate permitted by law), shall be variable, and shall be adjusted effective at the close of business on the day of any change in the prime rate.(e)  In the event the Contractor fails to make any payment when due, Contractor shall be liable to MMO for all expenses, court costs, and attorneys' fees (including inside counsel) incurred in enforcing the terms and conditions of this Agreement.(f)  Failure to pay any amount due pursuant to this clause may result in the Contractor's debarment pursuant to Section 11-35-4220 of the South Carolina Code of Laws, as amended.(g)  For purposes of this clause, MMO is intended as a third-party beneficiary of this Agreement.  The phrase "public procurement unit" is defined by Section 11-35-4610(5) of the South Carolina Code of Laws, as amended. NOTICE:  The administrative fee created by this clause is calculated against receipts.  After a contract has been awarded, contractor may elect to calculate the administrative fee against sales. To effect this election, a change order must be executed.  The change order will substitute a different administrative fee clause for this one.  The alternate clause is available for review upon request and may be found at www.ogs.state.sc.us/DDP/terms/.  Any election must be made within thirty (30) days of final award.  If you wish to make this election, contact the procurement officer identified on the cover page of this solicitation. [07-7B020-1]

If the MMO Administrative Fee reporting and payment will not be performed by the contact person listed herein, provide information for the single point of contact for said performance requirement below:

Name: ____________________________________________Address: ____________________________________________

____________________________________________

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Phone #: ____________________________________________Fax #: ____________________________________________E-mail: ____________________________________________  PRICE ADJUSTMENTS (JAN 2006)  (1) Method of Adjustment.  Any adjustment in the contract price made pursuant to a clause in this contract shall be consistent with this Contract and shall be arrived at through whichever one of the following ways is the most valid approximation of the actual cost to the Contractor (including profit, if otherwise allowed):(a) by agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable;(b) by unit prices specified in the Contract or subsequently agreed upon;(c) by the costs attributable to the event or situation covered by the relevant clause, including profit if otherwise allowed, all as specified in the Contract; or subsequently agreed upon;(d) in such other manner as the parties may mutually agree; or,(e) in the absence of agreement by the parties, through a unilateral initial written determination by the Procurement Officer of the costs attributable to the event or situation covered by the clause, including profit if otherwise allowed, all as computed by the Procurement Officer in accordance with generally accepted accounting principles, subject to the provisions of Title 11, Chapter 35, Article 17 of the S.C. Code of Laws.(2)  Submission of Price or Cost Data.  Upon request of the Procurement Officer, the contractor shall provide reasonably available factual information to substantiate that the price or cost offered, for any price adjustments is reasonable, consistent with the provisions of Section 11-35-1830.[07-7B160-1]  PRICE ADJUSTMENT - LIMITED -- AFTER INITIAL TERM ONLY (JAN 2006)  Upon approval of the Procurement Officer, prices may be adjusted for any renewal term.  Prices shall not be increased during the initial term.  Any request for a price increase must be received by the Procurement Officer at least ninety (90) days prior to the expiration of the applicable term and must be accompanied by sufficient documentation to justify the increase.  If approved, a price increase becomes effective starting with the term beginning after approval.  A price increase must be executed as a change order.  Contractor may terminate this contract at the end of the then current term if a price increase request is denied.  Notice of termination pursuant to this paragraph must be received by the Procurement Officer no later than fifteen (15) days after the Procurement Officer sends contractor notice rejecting the requested price increase. [07-7B165-1]  PRICE ADJUSTMENTS -- LIMITED BY PPI (JAN 2006)  Upon request and adequate justification, the Procurement Officer may grant a price increase up to, but not to exceed, the unadjusted percent change for the most recent 12 months for which data is available, that is not subject to revision, in the Producer Price Indexes (PPI) for the applicable commodity, as determined by the Procurement Officer.  The Bureau of Labor and Statistics publishes this information on the web atwww.bls.gov[07-7B180-1]  PRICING DATA -- AUDIT -- INSPECTION (JAN 2006)  [Clause Included Pursuant to Section 11-35-1830, - 2210, & -2220] (a) Cost or Pricing Data.  Upon Procurement Officer's request, you shall submit cost or pricing data, as defined by 48 C.F.R. Section 2.101 (2004), prior to either (1) any award to contractor pursuant to 11-35-1530 or 11-35-1560, if the total contract price exceeds $500,000, or (2) execution of a change order or contract modification with contractor which exceeds $100,000.  Your price, including profit or fee, shall be adjusted to exclude any significant sums by which the state finds that such price was increased because you furnished cost or pricing data that was inaccurate, incomplete, or not current as of the date agreed upon between parties.  (b) Records Retention.  You shall maintain your records for three years from the date of final payment, or longer if requested by the chief Procurement Officer.  The state may audit your records at reasonable times and places. As used in this subparagraph (b), the term "records" means any books or records that relate to cost or pricing data submitted pursuant to this clause.  In addition to the obligation stated in this subparagraph (b), you shall retain all records and allow any audits provided for by 11-35-2220(2).  (c) Inspection.  At reasonable times, the state may inspect any part of your place of business which is related to performance of the work.  (d) Instructions Certification.  When you submit data pursuant to subparagraph (a), you shall (1) do so in accordance with the instructions appearing in Table 15-2 of 48 C.F.R. Section 15.408 (2004) (adapted as necessary for the state context), and (2) submit a Certificate of Current Cost or Pricing Data, as prescribed by 48 CFR Section 15.406-2(a) (adapted as necessary for the state context).  (e) Subcontracts.  You shall include the above text of this

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clause in all of your subcontracts.  (f) Nothing in this clause limits any other rights of the state.[07-7B185-1]  PURCHASING CARD (JAN 2006)  Contractor agrees to accept payment by the South Carolina Purchasing Card for no extra charge.  The Purchasing Card is issued by Visa.  The purchasing card allows state agencies to make authorized purchases from a vendor without the requirement to issue a purchase order.  [07-7B200-1]  RELATIONSHIP OF USING GOVERNMENTAL UNITS (JAN 2006)  Each Using Governmental Unit's obligations and liabilities are independent of every other Using Governmental Unit's obligations and liabilities.  No Using Governmental Unit shall be responsible for any other Using Governmental Unit's act or failure to act.  [07-7B210-1]  SHIPPING / RISK OF LOSS (JAN 2006)  F.O.B. Destination.  Destination is the shipping dock of the Using Governmental Units' designated receiving site, or other location, as specified herein. (See Delivery clause)  [07-7B220-1]  STATEWIDE TERM CONTRACT (JAN 2006)  With this solicitation, the state seeks to establish a term contract (as defined in Section 11-35-310(35)) available for use by all South Carolina public procurement units (as defined in Section 11-35-4610(5)).  Use by state governmental bodies (as defined in Section 11-35-310(18)), which includes most state agencies, is mandatory except under limited circumstances, as provided in Section 11-35-310(35).  See clause entitled "Acceptance of Offers 10% Below Price" in Part VII.B. of this solicitation.  Use by local public procurement units is optional.  Section 11-35-4610 defines local public procurement units to include any political subdivision, or unit thereof, which expends public funds.  Section 11-35-310(23) defines the term political subdivision as all counties, municipalities, school districts, public service or special purpose districts.  The State shall be entitled to audit the books and records of you and any subcontractor to the extent that such books and records relate to the performance of the work.  Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing by the Chief Procurement Officer.  [07-7B225-1]  STATEWIDE TERM CONTRACT -- SCOPE (JAN 2006)  The scope of this contract is limited by the Bidding Schedule / Cost Proposals and by the description included in Part I, Scope of Solicitation.  Sales of supplies or services not within the scope of this contract are prohibited.  See clause entitled Contract Limitations.  [07-7B230-1]  TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006)  The effective date of this contract is the first day of the Maximum Contract Period as specified on the final statement of award.  The initial term of this agreement is1 year,0 months, 0days from the effective date.  Regardless, this contract expires no later than the last date stated on the final statement of award.  [07-7B240-1]  TERM OF CONTRACT -- OPTION TO RENEW (JAN 2006)  At the end of the initial term, and at the end of each renewal term, this contract shall automatically renew for a period of 1year(s),0 month(s), and 0 day(s), unless contractor receives notice that the state elects not to renew the contract at least thirty (30) days prior to the date of renewal.  Regardless, this contract expires no later than the last date stated on the final statement of award.  [07-7B245-1]  TERMINATION FOR CONVENIENCE -- INDEFINITE DELIVERY / INDEFINITE QUANTITY CONTRACTS (JAN 2006)

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  Unless the termination so provides, a termination for convenience shall not operate to terminate any purchase orders issued prior to the effective date of termination.  [07-7B255-1]  TERMINATION FOR CONVENIENCE (JAN 2006)  (1) Termination.  The Procurement Officer may terminate this contract in whole or in part, for the convenience of the State. The Procurement Officer shall give written notice of the termination to the contractor specifying the part of the contract terminated and when termination becomes effective.(2) Contractor's Obligations.  The contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination the contractor will stop work to the extent specified.  The contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work.  The contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work.  The Procurement Officer may direct the contractor to assign the contractor's right, title, and interest under terminated orders or subcontracts to the State.  The contractor must still complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so.(3) Right to Supplies.  The Procurement Officer may require the contractor to transfer title and deliver to the State in the manner and to the extent directed by the Procurement Officer:  (a) any completed supplies; and (b) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called "manufacturing material") as the contractor has specifically produced or specially acquired for the performance of the terminated part of this contract.  The contractor shall, upon direction of the Procurement Officer, protect and preserve property in the possession of the contractor in which the State has an interest.  If the Procurement Officer does not exercise this right, the contractor shall use best efforts to sell such supplies and manufacturing materials in a accordance with the standards of Uniform Commercial Code Section 2-706.  Utilization of this Section in no way implies that the State has breached the contract by exercise of the Termination for Convenience Clause.(4) Compensation.  (a) The contractor shall submit a termination claim specifying the amounts due because of the termination for convenience together with cost or pricing data required by Section 11-35-1830 bearing on such claim.  If the contractor fails to file a termination claim within one year from the effective date of termination, the Procurement Officer may pay the contractor, if at all, an amount set in accordance with Subparagraph (c) of this Paragraph.(b) The Procurement Officer and the contractor may agree to a settlement and that the settlement does not exceed the total contract price plus settlement costs reduced by payments previously made by the State, the proceeds of any sales of supplies and manufacturing materials under Paragraph (3) of this clause, and the contract price of the work not terminated;(c) Absent complete agreement under Subparagraph (b) of this Paragraph, the Procurement Officer shall pay the contractor the following amounts, provided payments agreed to under Subparagraph (b) shall not duplicate payments under this Subparagraph:(i) contract prices for supplies or services accepted under the contract;(ii) costs reasonably incurred in performing the terminated portion of the work less amounts paid or to be paid for accepted supplies or services;(iii) reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Paragraph (2) of this clause.  These costs must not include costs paid in accordance with Subparagraph (c)(ii) of this paragraph;(iv) any other reasonable costs that have resulted from the termination.  The total sum to be paid the contractor under this Subparagraph shall not exceed the total contract price plus the reasonable settlement costs of the contractor reduced by the amount of payments otherwise made, the proceeds of any sales of supplies and manufacturing materials under Subparagraph (b) of this Paragraph, and the contract price of work not terminated.(d) Contractor must demonstrate any costs claimed, agreed to, or established under Subparagraphs (b) and (c) of this Paragraph using its standard record keeping system, provided such system is consistent with any applicable Generally Accepted Accounting Principles.(5) Contractor's failure to include an appropriate termination for convenience clause in any subcontract shall not (i) affect the state's right to require the termination of a subcontract, or (ii) increase the obligation of the state beyond what it would have been if the subcontract had contained an appropriate clause.[07-7B265-1]  

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REVISED BID SCHEDULE SAP

  VIII. BIDDING SCHEDULE / PRICE-BUSINESS PROPOSAL  BIDDING SCHEDULE (NOV 2007)   

 Item   Quantity   Unit of Measure  *  Grand Total  

 1   1    each      

Product Catg.:   47555 - Medical Examination Equip & Supplies (Not Class.)

Item Description:   Medical Supplies

Tendering Text:   Mark-up charge for the catalog products offered by the bidder and market basket total.

For the Market Basket items:

Grand total $________ X 48% (weight) = $_______________(A)

Catalog items not included in the market basket: (Revised amendment number 3)

$1,800,000.00 customer sales X ______% mark-up = $_________________ + $1,800,000.00 = $_____________X 52% (weight) = $_______________(B)

Market Basket Total (A)+ Catalog Mark-up Total (B)

* Grand Total (Insert above)  

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SAP

  IX. ATTACHMENTS TO SOLICITATION  LIST OF ATTACHMENTS  ATTACHMENTS LIST   [09-9002-1]  The following documents are attached to this solicitation:    Attachment 1 Market Basket Spreadsheet  NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING  

IMPORTANT TAX NOTICE - NONRESIDENTS ONLY Withholding Requirements for Payments to Nonresidents: Section 12-8-550 of the South Carolina Code of Laws requires persons hiring or contracting with a nonresident conducting a business or performing personal services of a temporary nature within South Carolina to withhold 2% of each payment made to the nonresident. The withholding requirement does not apply to (1) payments on purchase orders for tangible personal property when the payments are not accompanied by services to be performed in South Carolina, (2) nonresidents who are not conducting business in South Carolina, (3) nonresidents for contracts that do not exceed $10,000 in a calendar year, or (4) payments to a nonresident who (a) registers with either the S.C. Department of Revenue or the S.C. Secretary of State and (b) submits a Nonresident Taxpayer Registration Affidavit - Income Tax Withholding, Form I-312 to the person letting the contract.  The withholding requirement applies to every governmental entity that uses a contract ("Using Entity"). Nonresidents should submit a separate copy of the Nonresident Taxpayer Registration Affidavit - Income Tax Withholding, Form I-312 to every Using Entity that makes payment to the nonresident pursuant to this solicitation. Once submitted, an affidavit is valid for all contracts between the nonresident and the Using Entity, unless the Using Entity receives notice from the Department of Revenue that the exemption from withholding has been revoked.

_______________________  Section 12-8-540 requires persons making payment to a nonresident taxpayer of rentals or royalties at a rate of $1,200.00 or more a year for the use of or for the privilege of using property in South Carolina to withhold 7% of the total of each payment made to a nonresident taxpayer who is not a corporation and 5% if the payment is made to a corporation. Contact the Department of Revenue for any applicable exceptions.

_______________________  For information about other withholding requirements (e.g., employee withholding), contact the Withholding Section at the South Carolina Department of Revenue at 803-898-5383 or visit the Department's website at:     www.sctax.org

_______________________  This notice is for informational purposes only. This agency does not administer and has no authority over tax issues. All registration questions should be directed to the License and Registration Section at 803-898-5872 or to the South Carolina Department of Revenue, Registration Unit, Columbia, S.C. 29214-0140. All withholding questions should be directed to the Withholding Section at 803-896-1420.      PLEASE SEE THE "NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING" FORM (FORM NUMBER I-312) LOCATED AT: http://www.sctax.org/Forms+and+Instructions/withholding/default.htm  [09-9005-1]  

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  OFFEROR'S CHECKLIST (JUN 2007)  OFFEROR'S CHECKLIST -- AVOID COMMON BID/PROPOSAL MISTAKES  Review this checklist prior to submitting your bid/proposal.If you fail to follow this checklist, you risk having your bid/proposal rejected.  - Do not include any of your standard contract forms!  - Unless expressly required, do not include any additional boilerplate contract clauses.  - Reread your entire bid/proposal to make sure your bid/proposal does not take exception to any of the state's mandatory requirements.  - Make sure you have properly marked all protected, confidential, or trade secret information in accordance with the instructions entitled:  SUBMITTING CONFIDENTIAL INFORMATION. DO NOT mark your entire bid/proposal as confidential, trade secret, or protected! Do not include a legend on the cover stating that your entire response is not to be released!   - Have you properly acknowledged all amendments?  Instructions regarding how to acknowledge an amendment should appear in all amendments issued.  - Make sure your bid/proposal includes a copy of the solicitation cover page.  Make sure the cover page is signed by a person that is authorized to contractually bind your business.  - Make sure your Bid/proposal includes the number of copies requested.  - Check to ensure your Bid/proposal includes everything requested!  - If you have concerns about the solicitation, do not raise those concerns in your response! After opening, it is too late!  If this solicitation includes a pre-bid/proposal conference or a question & answer period, raise your questions as a part of that process! Please see instructions under the heading "submission of questions" and any provisions regarding pre-bid/proposal conferences.   [09-9010-1]  

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STATE OF SOUTH CAROLINA

State Budget and Control BoardDIVISION OF STATE INFORMATION TECHNOLOGY

MARK SANFORD, CHAIRMANGOVERNOR

CONVERSE A. CHELLIS III, CPASTATE TREASURER

RICHARD ECKSTROM, CPACOMPTROLLER GENERAL

HUGH K. LEATHERMAN, SR.CHAIRMAN, SENATE FINANCE

COMMITTEE

DANIEL T. COOPERCHAIRMAN, WAYS AND MEANS

COMMITTEE

FRANK W. FUSCOEXECUTIVE DIRECTOR

DIVISION OF STATE INFORMATION TECHNOLOGY4430 BROAD RIVER ROAD

COLUMBIA, SOUTH CAROLINA 29210-4012(803) 896-0300

Fax (803) 896-0789

Vendor Requirements for Punch-Out Catalogs

Requirement Overview:

The new SAP ERP system being developed by the State of South Carolina will offer users online access to “punch-out catalogs.” With this functionality, users may view a vendor’s web-based catalog, select items for procurement based on a predefined contract between the State and the Vendor, and generate within the SAP system a purchase requisition/purchase order.

Technical Requirements:

In order to exchange information with State of South Carolina via the SC Enterprise Information System (SCEIS), the Vendor’s web-based catalog will need to be Open Catalog Interface (OCI) compliant. OCI uses standard Internet protocols. The latest version of SAP’s OCI documentation is attached. Attachment name: Open Catalog Interface (OCI).PDF.

OCI incorporates external product catalogs into the SAP procurement applications. This way, data that are required to create Purchase Order Items can be transferred directly from the external (vendor) catalog to the State’s procurement application. The interface uses the transfer mechanisms of Hyper Text Transfer Protocol (HTTP).

Other requirements: The URL link for the Vendor Catalog; and, The User ID and password to access the Vendor Catalog.

In the SAP OCI documentation, you will see the complete layout for fields that can be returned from the Vendor Catalog. Below is a table showing the fields that will be required (R) or optional (O). Notes referenced in the Description column are shown after the table.

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The naming convention for the fields in the OCI is as follows:

NEW_ITEM-<Field name>[<index>]. The field type is always CHAR.

R/O Field name Length Description R NEW_ITEM-DESCRIPTION[n] 40 Description of the item O NEW_ITEM-MATNR[n] 40 SRM product number of the item R NEW_ITEM-QUANTITY[n] 15 Item quantity 1 R NEW_ITEM-UNIT[n] 3 Quantity unit for item quantity 3 R NEW_ITEM-PRICE[n] 15 Price of an item per price unit 1

R NEW_ITEM-CURRENCY[n] 5 Item currency 3

O NEW_ITEM-PRICEUNIT[n] 5 Price unit of the item (if empty, 1 is used) 2

O NEW_ITEM-LEADTIME[n] 5 Delivery time of the item in days 2

R NEW_ITEM-LONGTEXT_n:132[] ∞ Long text for the item 4

O NEW_ITEM-VENDOR[n] 10SRM vendor number (business partner) for the item

R NEW_ITEM-VENDORMAT[n] 40 Vendor product number for the item O NEW_ITEM-MANUFACTCODE[n] 10 SRM manufacturer number of the item O NEW_ITEM-MANUFACTMAT[n] 40 Item’s manufacturer part number O NEW_ITEM-MATGROUP[n] 10 SRM material group for the item O NEW_ITEM-SERVICE[n] 1 Flag: the item is a service. R NEW_ITEM-CONTRACT[n] 10 SRM contract to which the item refers O NEW_ITEM-CONTRACT_ITEM[n] 5 Item within the SRM contract

O NEW_ITEM-EXT_QUOTE_ID[n] 35Number of an external bid for this item (as reference for a subsequent purchase order)

O NEW_ITEM-EXT_QUOTE_ITEM[n] 10 Item of external bid

O NEW_ITEM-EXT_PRODUCT_ID[n] 40Unique database key for this item in the catalog

O NEW_ITEM-ATTACHMENT[n] 255

URL of the attachment (the attachment must be accessible for downloading under this URL)

ONEW_ITEM-ATTACHMENT_TITLE[n] 255

Title of the attachment (if this is empty the file name from the URL above is used)

ONEW_ITEM-ATTACHMENT_PURPOSE[n] 1

Purpose of the attachment. C corresponds here to configuration.

ONEW_ITEM-EXT_SCHEMA_TYPE[n] 10

Name of a schema via which it was imported in the SRM Server

ONEW_ITEM-EXT_CATEGORY_ID[n] 60

Unique key for an external category from the schema above, independent of the version of the schema

O NEW_ITEM-EXT_CATEGORY[n] 40

Unique key for an external category from the schema above, dependent on the version of the schema

O NEW_ITEM-SLD_SYS_NAME[n] 60Name of a system in the System Landscape Directory (SLD)

O NEW_ITEM-CUST_FIELD1[n] 10 User-defined field

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O NEW_ITEM-CUST_FIELD2[n] 10 User-defined field O NEW_ITEM-CUST_FIELD3[n] 10 User-defined field O NEW_ITEM-CUST_FIELD4[n] 20 User-defined field O NEW_ITEM-CUST_FIELD5[n] 50 User-defined field

1.) 11 digits before the decimal point, 3 after it. Do not use commas for thousands.

2.) In whole numbers.

3.) Must be maintained as ISO code in the SRM Server.

4.) The field NEW_ITEM-LONGTEXT_n:132[] is an exception as far as the syntax of the index n is concerned. The field length is unlimited.

Setup and Testing:

The State’s technical team will set up and test the connections between the Vendor’s catalog and the State’s SAP system. To begin the process the State’s team will set up the Vendor’s catalog in a test system temporarily to test and verify that the link between the State’s SAP system and the Vendor Catalog is working. As we move closer to the completion of the project we will migrate the Vendor Catalog setup into the production system. The State will give the Vendor advance notice before we begin using the Vendor’s Catalog in a production environment. The Technical Contact is:

Aravind TulaSouth Carolina State Budget and Control BoardDivision of the State CIO officeEmail: atula@sceis.sc.govPhone: (803) 734-0443

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Open Catalog Interface (OCI)

Release 4.0

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Copyright © Copyright 2003 SAP AG. All rights reserved. No part of this publication may be reproduced or transmitted in any form or for any purpose without the express permission of SAP AG. The information contained herein may be changed without prior notice. Some software products marketed by SAP AG and its distributors contain proprietary software components of other software vendors. Microsoft®, WINDOWS®, NT®, EXCEL®, Word®, PowerPoint® and SQL Server® are registered trademarks of Microsoft Corporation. IBM®, DB2®, DB2 Universal Database, OS/2®, Parallel Sysplex®, MVS/ESA, AIX®, S/390®, AS/400®, OS/390®, OS/400®, iSeries, pSeries, xSeries, zSeries, z/OS, AFP, Intelligent Miner, WebSphere®, Netfinity®, Tivoli®, Informix and Informix® Dynamic ServerTM are trademarks of IBM Corporation in USA and/or other countries. ORACLE® is a registered trademark of ORACLE Corporation. UNIX®, X/Open®, OSF/1®, and Motif® are registered trademarks of the Open Group. Citrix®, the Citrix logo, ICA®, Program Neighborhood®, MetaFrame®, WinFrame®, VideoFrame®, MultiWin® and other Citrix product names referenced herein are trademarks of Citrix Systems, Inc. HTML, DHTML, XML, XHTML are trademarks or registered trademarks of W3C®, World Wide Web Consortium, Massachusetts Institute of Technology. JAVA® is a registered trademark of Sun Microsystems, Inc. JAVASCRIPT® is a registered trademark of Sun Microsystems, Inc., used under license for technology invented and implemented by Netscape. MarketSet and SAP Enterprise Buyer are jointly owned trademarks of SAP AG and Commerce One. SAP, SAP Logo, R/2, R/3, mySAP, mySAP.com and other SAP products and services mentioned herein as well as their respective logos are trademarks or registered trademarks of SAP AG in Germany and in several other countries all over the world. All other product and service names mentioned are trademarks of their respective companies. Icons in Body Text

Icon Meaning

Caution

Example

Note

Recommendation

Syntax

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Additional icons are used in SAP Library documentation to help you identify different types of information at a glance. For more information, see Help on Help → General Information Classes and Information Classes for Business Information Warehouse on the first page of the any version of SAP Library. Typographic Conventions

Type Style

Description

Example text

Words or characters quoted from the screen. These include field names, screen titles, pushbuttons labels, menu names, menu paths, and menu options. Cross-references to other documentation.

Example text

Emphasized words or phrases in body text, graphic titles, and table titles.

EXAMPLE TEXT

Technical names of system objects. These include report names, program names, transaction codes, table names, and key concepts of a programming language when they are surrounded by body text, for example, SELECT and INCLUDE.

Example text

Output on the screen. This includes file and directory names and their paths, messages, names of variables and parameters, source text, and names of installation, upgrade and database tools.

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Exact user entry. These are words or characters that you enter in the system exactly as they appear in the documentation.

<Example text>

Variable user entry. Angle brackets indicate that you replace these words and characters with appropriate entries to make entries in the system.

EXAMPLE TEXT

Keys on the keyboard, for example, F2 or ENTER.

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1 Contents

1 Contents.............................................................................................................................4 2 Introduction........................................................................................................................5 3 Calling Up the Catalog Using the SRM Server.................................................................6

3.1 Settings in the SRM Server.........................................................................................7 3.1.1 URL of the Product Catalog................................................................................8 3.1.2 Parameters.........................................................................................................8 3.1.3 Return URL.........................................................................................................8

3.2 Additional Functions in the Product Catalog...............................................................9 3.2.1 Detailed Display of a Product or Service............................................................9 3.2.2 Validation of a Product........................................................................................9 3.2.3 Sourcing/Product Search..................................................................................10 3.2.4 Background Search..........................................................................................10

3.3 Overview of the Call-Up Parameters.........................................................................11 4 Return From the Catalog.................................................................................................12

4.1 Use of the Call-Up Parameters From Section 3.3......................................................13 4.2 Fields and Field Checks............................................................................................13

4.2.1 Required and Optional Fields...........................................................................14 4.2.2 Product Numbers..............................................................................................15 4.2.3 Configurable Products......................................................................................15 4.2.4 External Product Categories.............................................................................16 4.2.5 Customer-Specific Extensions in the OCI.........................................................16

4.3 XML Variant of the OCI.............................................................................................16 5 Handling of the Browser Window....................................................................................17 6 Troubleshooting...............................................................................................................17 2 Introduction The Open Catalog Interface (OCI) incorporates external product catalogs into SRM Server applications. This way, data that is required in order to create shopping cart items in the SRM Server can be transferred directly from the external catalog to the SRM Server application. The interface uses the transfer mechanisms of Hyper Text Transfer Protocol (HTTP).

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Graphic 1: System landscape

The user here is working with an SRM Server application, which displays the available catalogs. The user calls up one of these, selects the required products, and then transfers the product data back to the SRM Server application. This documentation describes both the architecture and the structure of the OCI and thus provides all the information that is necessary to support the OCI with a product catalog. Also, the possible processes and their prerequisites are described. The documentation has been written both for producers of catalogs and for system administrators of SRM Server systems. Section 3 describes how the SRM Server calls the catalog. Section 4 shows how the data is transferred from the catalog to the SRM Server. Section 5 covers the handling of the different browser windows and Section 6 gives some reference points for troubleshooting.

3 Calling Up the Catalog Using the SRM Server In order for a product catalog to be called up via the Intranet or Internet, its URL must be known in the SRM Server. If the product catalog requires additional parameters for the call-up (for example, log-on names or language identifier), these must also be known in the SRM Server before the call-up.

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Graphic 2: Call-up

The URL and the catalog parameters are defined in the Implementation Guide (IMG) for Supplier Relationship Management: SRM Server → Master Data → Define External Web Services (Catalogs, Vendor Lists etc.). In the technical settings (see graphic 3), you can set GET or POST as the HTTP method for the call-up, the standard value is POST. The user’s browser is then used to call up the catalog using the URL and the parameters. Depending on the situation, other parameters besides those defined in the Implementation Guide (IMG) for Supplier Relationship Management can also be transferred to the catalog on call-up. These might be, for example, to provide the catalog with generic data or to trigger specific functions in the catalog. A summary of the transferred parameters is shown in Section 3.3.

3.1 Settings in the SRM Server The following two graphics show the maintenance screens for a product catalog in the SRM Server. You can find the complete documentation on these in the description of the IMG activity (Define External Web Services (Catalogs, Vendor Lists etc.)).

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Graphic 3: The maintenance screen for general product catalog data

Graphic 4: The maintenance screen for the URL and parameters of the product catalog

In the SRM Server, you must enter the URL and parameters of the catalog in the following order in the IMG activity (Define External Web Services (Catalogs, Vendor Lists etc.)

3.1.1 URL of the Product Catalog You enter the URL of the catalog in the first line of the calI structure; all subsequent entries (including the return URL in line 4) are transferred to the catalog as parameters. You do not need to specify a parameter name for the URL itself. URL is used here as the type. If the URL is longer

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than the field, you can distribute the URL over several successive fields that are then all of type URL. Parameters may not be entered as part of the URL; they must be maintained separately as described in the following section.

3.1.2 Parameters Following the URL, you must specify all parameters that the catalog requires on call-up. The provider of the catalog must have documented the names and valid values of these parameters. The parameter type can be either fixed value or SAP Field. This parameter type determines how the value of the parameter is determined from the column Content. In the case of fixed values, the value of the parameter is entered directly in the column Content. In the case of parameters of type SAP Field (generic parameters), however, the name of a SAP System variable is there. For the value of the parameter, the content of this system variable at runtime is used. This way it is possible, for example, to transfer the system language as a parameter (you choose SAP Field as type and sy-langu as content). In this manner, you can transfer all the globally available fields at runtime from the SRM Server as parameters. Transfer of additional parameters

If the fixed values and the generic parameter values are not sufficient for the chosen process, you can implement the Business Add-In (BadI) Transfer Additional Parameters (BBP_CAT_CALL_ENRICH) to transfer additional parameters from the SRM Server System to the catalog. In this BAdI, you can determine multiple name-value pairs that are then transferred to the catalog when it is called up. Also, if the format of generic parameters is to be changed (for example, if the system language is to be transferred in a different format: DE-de instead of simply DE), you can use this BAdI to convert these parameters. As of SRM 2.0, a sample implementation is available for the BAdI Transfer Additional Parameters (BBP_CAT_CALL_ENRICH), which reads the relevant user data in the SRM Server and transfers it to the catalog (however, the sample implementation is only run if the business type of the category is set to E-form). As an example of how this data can be used by the catalog, see the ASP page (ASP = Active Server Pages) that is stored in the SRM Server System in the Internet Service BBP_FREEFORM in the file freeform.zip. When you open all the data in an executable directory on an ASP-compatible Web server, you can use this page as a catalog application for ordering business cards. All the form fields automatically have the default values that have previously been transferred by the BAdI implementation. The user need only check the accuracy of the entries. This ASP page can, of course, only serve as a template. The example is intended to show the options that are available on a project basis with a catalog and the implementation of the BAdI Transfer Additional Parameters (BBP_CAT_CALL_ENRICH).

3.1.3 Return URL The return URL is required so that the data from the catalog can be transferred back to the SRM Server application via the user’s browser. The catalog must place it in the Action attribute of the transfer form. The return URL is also transferred to the catalog as a parameter. It usually contains other parameters (see below) that must first be extracted and placed in separate input fields (of type hidden) of the form. All parameters after the return URL are generated as parameters for the return URL; they are not transferred to the catalog as individual parameters (see graphic 4. lines 5-7). You can name the parameter for the return URL as you wish since the parameter must be evaluated by the catalog (usually HOOK_URL is used as the parameter name). The value of the return URL must be empty; the actual return URL is determined during run time. As of SRM Server 4.0, the specification of the return URL and the following parameters (see graphic 4. lines 5-7) is optional in Customizing. If they are not specified, the return URL including

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the parameters is generated automatically. In this case HOOK_URL is used as the name for the return URL. The name of the return URL must be specified only if the catalog expects a different name for the return URL than HOOK_URL. Even if the name has been specified for the return URL, as of SRM Server 4.0 the parameters for the return URL need no longer be specified; they are also generated automatically in this case.

3.2 Additional Functions in the Product Catalog The product catalog can provide additional functions that can be used by SRM Server applications. In order to trigger these functions, additional parameters (defined within OCI) are transferred to the catalog when it is called up. If the product catalog supports one or more of the following functions, this is to be stated in the product catalog documentation. This is because an appropriate flag must be set in SRM Server Customizing so that the relevant SRM Server application can make use of the functionality. The fact that the interface supports the additional functionality does not necessarily mean that the functionality is actually used by a SRM Server application. Currently the following functionality is supported by the OCI:

3.2.1 Detailed Display of a Product or Service A product that has already been transferred to a SRM Server document via the OCI is to be displayed again later in the catalog. This serves to make available detail data that may not be defined in the OCI and that is also not available in the SRM Server.

In order to trigger the function, the following parameters are transferred to the product catalog on call-up: Name Value

FUNCTION DETAIL PRODUCTID

<Database key for the product in the catalog>

Then the product catalog should immediately display the detail view of the corresponding product. With this function no data is transferred from the product catalog to the SRM Server. A prerequisite for this function is that previously, the first time this product was transferred from the product catalog to the SRM Server System, the field NEW_ITEM-EXT_PRODUCT_ID[] was filled with the database key of the product in the catalog. In addition, in SRM Server Customizing (in the IMG activity (Define External Web Services, Catalogs, Vendor Lists etc.) for the corresponding catalog, the flag Display Prod. Data Again in Catalog must be set. 3.2.2 Validation of a Product If an item from a product catalog has been added to a template for an SRM document then it is possible, for example, that the price of the product has changed over time. If a new SRM document were to be created from this template, the price change would normally not be taken into account. The function serves to update the product information in the template while the SRM document is being created.

In order to trigger the function, the following parameters are transferred to the product catalog on call-up: Name Value

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FUNCTION VALIDATE PRODUCTID

<Database key for the product in the catalog>

QUANTITY <Current purchase order quantity>

The parameter QUANTITY is transferred as of OCI 3.0 so that the catalog can determine the correct price from a scale, if appropriate. Then the product catalog replies with an HTML page that contains a form with the product data in OCI format. The return URL must be split here as described in sections 3.1.3 and 4.1. The HTML page may not contain any visible elements (the input fields must be of the type hidden). The form must be sent automatically by JavaScript after the page has been loaded. A prerequisite for this function is that previously, the first time this product was transferred from the product catalog to the SRM Server System, the field NEW_ITEM-EXT_PRODUCT_ID[] was filled with the database key of the product in the catalog. In addition, in SRM Server Customizing the flag Validate Product Data from SAP Enterprise Buyer must be set for the relevant catalog.

3.2.3 Sourcing/Product Search In order to trigger the function, the following parameters are transferred to the product catalog on call-up: Name Value

FUNCTION SOURCING SEARCHSTRING <Search term> VENDOR <Business partner number in

EBP>

The catalog replies with the display of the search results that correspond to the specified parameters. By navigating further in the product catalog, you can select items as normal and transfer them to the SRM Server application. This function has not yet been implemented in the SRM Server.

3.2.4 Background Search In order to avoid the situation where a user searching for a particular product has to search multiple catalogs in sequence, a Cross-Catalog Search has been introduced as of SRM 3.0. The user enters a search term once in the SRM Server application and this term is transmitted to all catalogs that support the function when the catalogs are called up. The SRM Server displays the search results from all catalogs in a list and the user can select individual products from here.

In order to trigger the function, the following parameters are transferred to the product catalog on call-up: Name Value

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FUNCTION BACKGROUND_SEARCH SEARCHSTRING <Search term>

The product catalog replies with a HTML page that contains the search results in OCI format. All search results must be accessible on this page without having to use a scroll function since the page is evaluated automatically. The form from this page may not be sent automatically to the return URL (in contrast to validation of a product). A prerequisite for this function is that the flag Search Cross-Catalog is set in SRM Server Customizing for the relevant catalog.

3.3 Overview of the Call-Up Parameters The following parameters are transferred when the catalog is called up using either HTTP GET or POST, depending on what you defined in SRM Server Customizing: Description Name of the Parameter Content or Example

Parameters from SRM Server Customizing

As specified in SRM Server Customizing See Section 3.1.2

Parameters from a BAdI implementation As implemented in the BAdI See Section 3.1.2

Parameters to trigger additional functions

As described in Additional Functions in the Product Catalog See Section 3.2

Return URL If not specified differently in SRM Server Customizing: ‚HOOK_URL’

URL with parameters in the query string

Interface version OCI OCI_VERSION For example: 4.0 Interface version OPI OPI_VERSION For example: 1.0 Character set of SRM Server application http_content_charset For example: iso-

8859-1

Target (HTML target) for return to the SRM Server application returntarget For example: _parent

4 Return From Catalog A HTML form is used to transfer the selected product data to the SRM Server. This form is part of a HTML page that must be created by the catalog. This page (the last page that is displayed by the catalog) is sent to the user’s browser. The user can now send the form from this page to the SRM Server application that then takes over the form data.

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Graphic 5: Transfer of the data

In order that you can transfer the data from the catalog to the SRM Server via the user’s browser, the return URL described in sections 3.1.3 and 4.1 must be inserted into the Action attribute of the HTML form created by the catalog (the Action attribute of the form is the URL to which the form data is sent). The data to be transferred is transported within the input fields of the form; the field names must adhere to the syntax specified below. The Type attribute of the input fields should be text or hidden. The HTTP method recommended in all cases is POST because using GET can lead to browser-dependent length restrictions.

4.1 Use of the Call-Up Parameters From Section 3.3

• Use of the parameters from SRM Customizing is catalog-specific; here the only parameters transferred are those that the catalog expects.

• Use of the parameters from a possible BAdI implementation is project-specific; here the only parameters transferred are those that the catalog expects in the context of a customer project.

• The expected reactions to the parameters for triggering additional functions have already been described in section 3.2.

• The interface version has purely informative character; it clarifies which fields or processes are already supported by the SRM Server application.

• The return URL points to the current SRM application. It also contains further parameters. The URL without these parameters must be placed by the catalog into the action attribute of the transfer form. The parameter names and their values must be placed into the attributes name and value of the individual input fields of the transfer form; the fields are to be of the type hidden.

• The character set used by the SRM application is transferred to the catalog (parameter name: http_content_charset). When generating the HTML page with the transfer form, the catalog must use this character set and must insert it into the meta tag after the detail charset=.

• The target for the return to the SRM Server application (parameter name: returntarget) must be inserted into the target attribute of the transfer form. • Schnittstellenversion hat rein informativen Charakter, damit wird klar, welche Felder oder Prozesse die SRM Server-Anwendung bereits unterstützt. • Das Ziel für den Rücksprung zur SRM Server Anwendung (Parametername: ‚returntarget’) muss in das ‚target’ Attribut des Übertragungsformulars eingesetzt werden.

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4.2 Fields and Field Checks The naming convention for the fields in the OCI is as follows:

NEW_ITEM-<Field name>[<index>]. The field type is always CHAR.

Field name Lengt

h Description NEW_ITEM-DESCRIPTION[n] 40 Description of the item NEW_ITEM-MATNR[n] 40 SRM product number of the item NEW_ITEM-QUANTITY[n] 15 Item quantity (1.) NEW_ITEM-UNIT[n] 3 Quantity unit for item quantity (3.) NEW_ITEM-PRICE[n] 15 Price of an item per price unit (1.) NEW_ITEM-CURRENCY[n] 5 Item currency (3.) NEW_ITEM-PRICEUNIT[n] 5 Price unit of the item (if empty, 1 is used)(2.) NEW_ITEM-LEADTIME[n] 5 Delivery time of the item in days (2.) NEW_ITEM-LONGTEXT_n:132[] ∞ Long text for the item (4.) NEW_ITEM-VENDOR[n] 10 SRM vendor number (business partner) for the item NEW_ITEM-VENDORMAT[n] 40 Vendor product number for the item NEW_ITEM-MANUFACTCODE[n] 10 SRM manufacturer number of the item NEW_ITEM-MANUFACTMAT[n] 40 Item’s manufacturer part number NEW_ITEM-MATGROUP[n] 10 SRM material group for the item NEW_ITEM-SERVICE[n] 1 Flag: the item is a service. NEW_ITEM-CONTRACT[n] 10 SRM contract to which the item refers NEW_ITEM-CONTRACT_ITEM[n] 5 Item within the SRM contract NEW_ITEM-EXT_QUOTE_ID[n] 35 Number of an external bid for this item (as reference

for a subsequent purchase order) NEW_ITEM-EXT_QUOTE_ITEM[n] 10 Item of external bid NEW_ITEM-EXT_PRODUCT_ID[n] 40 Unique database key for this item in the catalog

NEW_ITEM-ATTACHMENT[n] 255 URL of the attachment (the attachment must be accessible for downloading under this URL)

NEW_ITEM-ATTACHMENT_TITLE[n] 255 Title of the attachment (if this is empty the file name

from the URL above is used) NEW_ITEM-ATTACHMENT_PURPOSE[n] 1 Purpose of the attachment. C corresponds here to

configuration. NEW_ITEM-EXT_SCHEMA_TYPE[n] 10 Name of a schema via which it was imported in the

SRM Server NEW_ITEM-EXT_CATEGORY_ID[n] 60 Unique key for an external category from the schema

above, independent of the version of the schema

NEW_ITEM-EXT_CATEGORY[n] 40 Unique key for an external category from the schema above, dependent on the version of the schema

NEW_ITEM-SLD_SYS_NAME[n] 60 Name of a system in the System Landscape Directory (SLD)

NEW_ITEM-CUST_FIELD1[n] 10 User-defined field NEW_ITEM-CUST_FIELD2[n] 10 User-defined field NEW_ITEM-CUST_FIELD3[n] 10 User-defined field NEW_ITEM-CUST_FIELD4[n] 20 User-defined field NEW_ITEM-CUST_FIELD5[n] 50 User-defined field

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1.) 11 digits before the decimal point, 3 after it. Do not use commas for thousands.

2.) In whole numbers.

3.) Must be maintained as ISO code in the SRM Server.

4.) The field NEW_ITEM-LONGTEXT_n:132[] is an exception as far as the syntax of the index n is concerned. The field length is unlimited.

4.2.1 Required and Optional Fields The following fields are required fields in all cases: • Either NEW_ITEM-DESCRIPTION[n] or NEW_ITEM-MATNR[n] must be filled. Only one of the two

should be filled. • NEW_ITEM-QUANTITY[n]

The following fields are required fields depending on conditions: • NEW_ITEM-UNIT[n] if NEW_ITEM-MATNR[n] has not been filled • NEW_ITEM-CURRENCY[n] if NEW_ITEM-PRICE[n] has been filled • NEW_ITEM-EXT_SCHEMA_TYPE[n] if NEW_ITEM-EXT_CATEGORY_ID[n] or NEW_ITEM-

EXT_CATEGORY[n] are used • NEW_ITEM-EXT_QUOTE_ID[n] if NEW_ITEM-EXT_QUOTE_ITEM[n] has been used • NEW_ITEM-CONTRACT[n] if NEW_ITEM-CONTRACT_ITEM[n] has been used

All other fields are optional.

4.2.2 Product Numbers There are four fields in the interface that describe product numbers: • NEW_ITEM-MATNR[n]: The product number in the SRM System of the purchaser • NEW_ITEM-VENDORMAT[n]: The vendor’s product number • NEW_ITEM-MANUFACTMAT[n]: The manufacturer’s product number • NEW_ITEM-EXT_PRODUCT_ID[n]: The number that uniquely identifies the product in the catalog.

These product numbers may not be mixed or used for other purposes; in particular the field NEW_ITEM-MATNR[n] may only be filled if the product number in the customer system is known to the catalog.

4.2.3 Configurable Products Some products (such as PCs) can be configured in the catalog. However, the configuration information is not part of the OCI since the structure of this information differs greatly between providers. There are three alternatives for transferring such products with the OCI without losing the configuration information. • The catalog can create a bid in the sales system and can store the configuration information

there. It can then use the fields NEW_ITEM-EXT_QUOTE_ID[n] and NEW_ITEM-EXT_QUOTE_ITEM[n] to transfer a reference to the bid. The bid number is copied to the SRM Server. The configuration information is only available in the sales system if you use this alternative. This variant is suitable for the local and extended classic scenario since the bid reference is not transferred to MM backend systems as standard. If, however, you wish the bid reference to be transferred, you can copy it in BAdI BBP_CATALOG_TRANSFER into the purchase order text for the item.

• The field NEW_ITEM-LONGTEXT_n:132[] can be used to transfer the configuration information as text. The content of the field is included in the purchase order text of the SRM Server shopping cart and of the subsequent purchase order; this way the configuration information is available

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in the SRM Server. • The fields NEW_ITEM-ATTACHMENT[n] and NEW_ITEM-ATTACHMENT_PURPOSE[n] can be used to

transport the configuration information. Since you can transfer files of any type as attachments, you should ensure that the file can also be displayed (using proprietary or uncommon file types is therefore not recommended). If you use XML files, for example, you should ensure that the formatting information (XSLT) is also included so that the file can be displayed. The configuration information is also available in the SRM Server with this alternative. This variant is only suitable for the local and the extended classic scenario because attachments are not currently transferred to MM backend systems.

4.2.4 External Product Categories As of SAP Enterprise Buyer 3.0, product categories from external schemas can also be used in the OCI. However, a prerequisite is the import of the relevant schema via the Product Content Workbench (PCW). If the imported schema is also used internally in the SRM Server, then no further action is required. If, however, there is to be a link from the product category from the external schema to an internal product category in the SRM Server, the mapping of the imported (or parked) schema must first be completed via the PCW. The fields NEW_ITEM-EXT_SCHEMA_TYPE[n] and NEW_ITEM-EXT_CATEGORY_ID[n] are used for the external product categories. If, for example, an UNSPSC schema has been imported in the SRM Server under the name UNSPSC_Vendor1, then UNSPSC_Vendor1 is the value that must be transferred in the field NEW_ITEM-EXT_SCHEMA_TYPE[n].

4.2.5 Customer-Specific Extensions in the OCI To transfer additional fields in the OCI, there are two alternatives: • Using the Fields NEW_ITEM-CUSTFIELD1-5

These fields have no fixed semantics in the OCI and this means that you can transfer any contents in order to then evaluate them in BAdI BBP_CATALOG_TRANSFER. In Releases prior to SAP Enterprise Buyer 3.0 it is not possible to transfer these fields directly to the shopping cart item. If the contents are to be reusable later, they must be saved in the BAdI above in the customer’s own database table. As of SAP Enterprise Buyer 3.0, it is possible to include these fields (without the prefix NEW_ITEM-) in the customer-specific Include CI_BBP_ITEM_SC; the contents are then automatically forwarded to the shopping cart and saved with it.

• Using the Include CI_OCI_CUSTOMER_EXTENSION

This customer-specific Include is also available as of SAP Enterprise Buyer 3.0; it allows you to extend the OCI generically. All fields that are created in the Include can then be transferred by the catalog as NEW_ITEM-<field name from Include>[n]. The fields are also available in the BAdI BBP_CATALOG_TRANSFER. If the fields are also to be available in the shopping cart and are to be saved, they must also be created in the Include CI_BBP_ITEM_SC.

For more information on the use of customer-specific Includes in the SRM Server, see SAP Note 458591.

4.3 XML Variant of the OCI The OCI can also process an XML file. Here the same architecture is used as in the pure HTML variant, this means the XML data is embedded in an HTML form for the transfer from the catalog to the SRM Server via the user’s browser. To transfer an XML file, besides the fields mentioned in section 3.3, two further HTML-input fields are used: • xmltype:

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This parameter specifies the type of the XML file used so that the correct XML mapping can be found. Up to and including SAP Enterprise Buyer 3.0 the mapping of the received XML data is done exclusively in the Business Connector which must be set up for this purpose for the relevant SAP Enterprise Buyer System. As of SAP Enterprise Buyer 3.5 the mapping can also be done in the SRM Server itself. A prerequisite is that the corresponding XML schema is used. The previous schemas are also supported. Valid values for the field type xmlType as of SRM 3.0 are: Value Description DTD/Schema/Mapping ESAPO Encoded SAP Object for OCI Version up to

and including3.0 PDI_OCI.dtd/PDI_OCI.xsd/BC

ESAPO3.0

Encoded SAP Object for OCI Version up to and including 3.0

PDI_OCI_30.dtd/PDI_OCI_30.xsd/BC

ESAPO3.5

Encoded SAP Object for OCI Version as of 3.5

OpenCatalogInterface.xsd/im SRM Server.

• ~xmlDocument:

In this parameter the XML file that must correspond to one of the schemas above is transferred as a Base64-coded character set. The coding can be done either directly on the server page of the catalog or, as shown in the sample application, by JavaScript on the client’s page.

5 Handling of the Browser Window The catalog is normally displayed in a separate browser window. This window is both opened and closed again via the SRM Server application. The HTTP response of the SRM Server application to the HTTP request with the OCI data consists of an HTML page that contains script for refreshing the window with the SRM Server application and for subsequently closing the catalog window. This page assumes that the JavaScript reference window.opener points to the browser window of the SRM Server application. You may not change the name of the original window object because this would destroy the reference between the SRM Server application window and the catalog window. If this were to happen the SRM Server application would no longer be able to correctly display the data that has been transferred from the catalog or close the catalog window. If the catalog opens additional windows during the search process it must close these before the data is transferred back to the SRM Server.

6 Troubleshooting When you create purchasing documents using the OCI, errors can occur that are related to the meaning or validity of the data. In order to more easily identify such errors, you can activate the application log for a catalog linked via the OCI in SRM Server Customizing (for more information, see the Implementation Guide Supplier Relationship Management → SRM Server → Master Data → Define External Web Services (Catalogs, Vendor Lists etc.) → Technical Settings → Maintain Error Log see Graphic 3). You reproduce the error after you have switched on the application log. You can use transaction SLG1 to clear the application log in the SRM Server. Use BBP_OCI as the entry for the field Object. You can find more information on the application log in the F1 Help Maintain Error Log.

END AMENDMENT

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