- Detail
- Attachments
- Name
- Attach A - TURBEVILLE.pdf
- Name
- Attach B - SUMMERTON.pdf
- Name
- Attach D - NEW ZION.pdf
- Name
- Attach E - MANNING.pdf
- Name
- Attach F - ALCOLU.pdf
- Name
- Attach G - Sec 720.pdf
- Name
- Attach H - 28 QPL.pdf
- Name
- Attach I - Lane Closure.pdf
- Name
- Attach J - Vendor Lists.pdf
- Name
- Attch C - PAXVILLE.pdf
- Delivery Point
- Columbia, SC
- Excerpt
- SAP
State of South Carolina
Invitation For Bid
EXEMPT
Solicitation:
Date Issued:
Procurement Officer:
Phone:
E-Mail Address:
Mailing Address:
5400030083
08/13/2026
BETTY BRANDYBURG
803-395-7198
BrandyburgBT@scdot.gov
SCDOT Procurement Office
955 Park Street Room 101
Columbia SC 29201-3959
DESCRIPTION: *OnCall Sidewalk & Catch Basin Clarendon
USING GOVERNMENTAL UNIT: SC Department of Transportation
SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov
SUBMIT OFFER BY (Opening Date/Time): 09/16/2026 @ 14:30:PM (See "Deadline For Submission Of Offer" provision)
QUESTIONS MUST BE RECEIVED BY: 08/28/2026 @ 12:00:PM (See "Questions From Offerors" provision)
NUMBER OF COPIES TO BE SUBMITTED: ONE ON-LINE
CONFERENCE TYPE: Not Applicable
DATE & TIME:
(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)
LOCATION: Not Applicable
AWARD &
AMENDMENTS
Award will be posted on 09/30/2026 . The award, this solicitation, any amendments, and any related
notices will be posted at the following web address: http://www.procurement.sc.gov
You must submit a signed copy of this form with Your Offer. By signing, You agree to be bound by the terms of the
Solicitation. You agree to hold Your Offer open for a minimum of thirty (30) calendar days after the Opening Date. (See
"Signing Your Offer" provision.)
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.
- Listing
- Title
- *OnCall Sidewalk & Catch Basin Clarendon
- Agency
- Transportation
- Due Date Raw
- 09/16/2026 02:30:00 PM
- Solicit Number
- 5400030083
- Pdf Text
- SAP
State of South Carolina
Invitation For Bid
EXEMPT
Solicitation:
Date Issued:
Procurement Officer:
Phone:
E-Mail Address:
Mailing Address:
5400030083
08/13/2026
BETTY BRANDYBURG
803-395-7198
BrandyburgBT@scdot.gov
SCDOT Procurement Office
955 Park Street Room 101
Columbia SC 29201-3959
DESCRIPTION: *OnCall Sidewalk & Catch Basin Clarendon
USING GOVERNMENTAL UNIT: SC Department of Transportation
SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov
SUBMIT OFFER BY (Opening Date/Time): 09/16/2026 @ 14:30:PM (See "Deadline For Submission Of Offer" provision)
QUESTIONS MUST BE RECEIVED BY: 08/28/2026 @ 12:00:PM (See "Questions From Offerors" provision)
NUMBER OF COPIES TO BE SUBMITTED: ONE ON-LINE
CONFERENCE TYPE: Not Applicable
DATE & TIME:
(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)
LOCATION: Not Applicable
AWARD &
AMENDMENTS
Award will be posted on 09/30/2026 . The award, this solicitation, any amendments, and any related
notices will be posted at the following web address: http://www.procurement.sc.gov
You must submit a signed copy of this form with Your Offer. By signing, You agree to be bound by the terms of the
Solicitation. You agree to hold Your Offer open for a minimum of thirty (30) calendar days after the Opening Date. (See
"Signing Your Offer" provision.)
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.)
DATE SIGNED
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)
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 - ON-LINE ONLY (MAR. 2015)
SAP
SAP
PAGE TWO
(Return Page Two with Your Offer)
HOME OFFICE ADDRESS (Address for offeror's home office /
principal place of business)
NOTICE ADDRESS (Address to which all procurement and contract
related notices should be sent.) (See "Notice" clause)
_________________________________________________
Area Code - Number - Extension Facsimile
_________________________________________________
E-mail Address
PAYMENT ADDRESS (Address to which payments will be sent.)
(See "Payment" clause)
____Payment Address same as Home Office Address
____Payment Address same as Notice Address (check only one)
ORDER ADDRESS (Address to which purchase orders will be sent)
(See "Purchase Orders and "Contract Documents" clauses)
____Order Address same as Home Office Address
____Order Address same as Notice Address (check only one)
ACKNOWLEDGMENT OF AMENDMENTS
Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision)
Amendment No. Amendment Issue
Date
Amendment No. Amendment Issue
Date
Amendment No. Amendment Issue
Date
Amendment No. Amendment Issue
Date
DISCOUNT FOR
PROMPT PAYMENT
(See "Discount for Prompt
Payment" clause)
10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)
PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly
rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors
selling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A
summary of the new preferences is available at www.procurement.sc.gov/preferences . ALL THE PREFERENCES
MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY
ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE
CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU
REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE
PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE SERIOUS
CONSEQUENCES. [11-35-1524(E)(4)&(6)] ***PREFERENCES DO NOT APPLY***
PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for
your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor
Preference (11-35-1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you
must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you
are claiming the Resident Subcontractor Preference (11-35-1524(D)). ***PREFERENCES DO NOT APPLY***
____In-State Office Address same as Home Office Address ____In-State Office Address same as Notice Address (check only one)
PAGE TWO (SEP 2009) End of PAGE TWO
Page 3
UPDATED BID OPENING PROCEDURES
You are strongly encouraged to submit responses via SCEIS. You may still submit via
mail or drop off your paper bid at the front desk at 955 Park St, Columbia, SC 29201.
You may attend the bid opening in person, however if you prefer to attend virtually, please
follow the instructions below a few minutes before or at 2:30 PM.
Dial: 1-833-523-3710
Access Code/Conference ID: 657738
INSTRUCTIONS FOR OFFERORS SUBMITTING HARD COPY BIDS
Mailing Address: Physical Address:
SCDOT Procurement Office SCDOT Procurement Office
P.O. Box 191 – Room 101 955 Park Street – Room 101
Columbia, S.C. 29202-0191 Columbia, S.C. 29201-3976
1. Offerors shall submit their bid in a sealed package.
2. The solicitation number and opening date must appear on the package exterior.
3. Offerors shall submit one (1) copy.
PLEASE NOTE THAT IF TERMS AND CONDITIONS ARE OBJECTED OR QUALIFIED OR OFFEROR
INCLUDES ADDITIONAL TERMS AND CONDITIONS TO BE CONSIDERED, THE OFFER WILL BE DEEMED
NON-RESPONSIVE AND WILL BE ELIMINATED FROM FURTHER CONSIDERATION.
IF YOU QUALIFY YOUR OFFER WITH A STATEMENT LIKE: “THIS IS NOT AN OFFER”, YOU WILL BE
DEEMED NON-RESPONSIVE AND ELIMINATED FROM FURTHER CONSIDERATION.
See online bidding instruction in section II B herein.
Page 4
Table of Contents
SAP
SECTION I – SCOPE OF SOLICITATION ................................................................................................................. 5
SECTION II.A – INSTRUCTIONS TO OFFERORS – A. GENERAL INSTRUCTIONS ........................................ 6
SECTION II.B – INSTRUCTIONS TO OFFERORS – B. SPECIAL INSTRUCTIONS ........................................... 14
SECTION III – SCOPE OF WORK/SPECIFICATIONS ........................................................................................... 15
SECTION IV – INFORMATION FOR OFFERORS TO SUBMIT ........................................................................... 17
SECTION V - QUALIFICATIONS ................................................................................................................................. 18
SECTION VI – AWARD CRITERIA ............................................................................................................................. 19
SECTION VII.A – TERMS AND CONDITIONS – A. GENERAL ............................................................................. 20
SECTION VII.B – TERMS AND CONDITIONS – B. SPECIAL ............................................................................... 24
SECTION VIII – BIDDING SCHEDULE/PRICE PROPOSAL .................................................................................. 31
SECTION IX – ATTACHMENTS TO SOLICITATION ............................................................................................... 34
Page 5
SAP
I. SCOPE OF SOLICITATION
The South Carolina Department of Transportation (SCDOT) is seeking offers for Clarendon County On-
call sidewalk repair contractor available in six (6) cities – Turbeville, Summerton, New Zion, Manning,
Alcolu and Paxton.
This service is considered Exempt under 11-35-710 (1) of the South Carolina Consolidated Procurement
Code and Regulations.
ACQUIRE SERVICES
The purpose of this solicitation is to acquire services complying with the enclosed description and/or specifications and
conditions.
MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)
Start date: 09/30/2026 End date: 09/29/2029. 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".
Page 6
SAP
II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS
DEFINITIONS, CAPITALIZATION, AND HEADINGS
CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE ONLY AND SHALL NOT BE USED
TO CONSTRUE MEANING OR INTENT. EVEN IF NOT CAPITALIZED, THE FOLLOWING DEFINITIONS ARE
APPLICABLE TO ALL PARTS OF THE SOLICITATION, UNLESS EXPRESSLY PROVIDED OTHERWISE.
AMENDMENT means a document issued to supplement the original solicitation document.
AUTHORITY means the State Fiscal Accountability Authority or its successor in interest.
BUSINESS means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any
other legal entity.
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 clause of the contract titled “Changes,” if included herein, 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.
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 either the Cover Page, an amendment,
or an award notice.
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 you contract with to perform or provide any part of the work.
US or WE means the using governmental unit.
USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. If the Cover Page
identifies the Using Governmental Unit as “Statewide Contract,” either optional or mandatory, the phrase “Using
Governmental Unit” means any South Carolina Public Procurement Unit [11-35-4610(5)] that has submitted a Purchase Order
to you pursuant to the contract resulting from this solicitation. Reference the clauses titled “Purchase Orders” and “Statewide
Contract.”
WORK means all labor, materials, equipment, services, or property of any type, provided or to be provided by the Contractor
to fulfill the Contractor’s obligations under the Contract.
Page 7
AMENDMENTS TO SOLICITATION
(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.
AUTHORIZED AGENT
All authority regarding this procurement is vested solely with the responsible Procurement Officer. Unless specifically
delegated in writing, the Procurement Officer is the only government official authorized to bind the government with regard
to this procurement or the resulting contract.
AWARD NOTIFICATION
Notice regarding any award, cancellation of award, or extension of award will be posted at the location and on the date
specified on the Cover Page or, if applicable, the most recent notice of extension of award. Should the contract resulting from
this Solicitation have a total or potential value more than one hundred thousand dollars, such notice will be sent electronically
to all Offerors responding to the Solicitation. Unless a written notice of intent to protest is timely filed or the award is
otherwise suspended or canceled, the award will be effective on the calendar day (including weekends and holidays)
immediately following the seventh business day after such notice is given.
BID/PROPOSAL AS OFFER TO CONTRACT
By submitting Your Bid or Proposal, You are offering to enter into a contract with the Using Governmental Unit(s). Without
further action by either party, a binding contract shall result upon final award. Any award issued will be issued to, and the
contract will be formed with, the entity identified as the Offeror on the Cover Page. An Offer may be submitted by only one
legal entity; "joint bids" are not allowed.
BID ACCEPTANCE PERIOD
In order to withdraw Your Offer after the minimum period specified on the Cover Page, You must notify the Procurement
Officer in writing.
BID IN ENGLISH and DOLLARS
Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted
by the Solicitation.
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION
GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION MAY
RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH CAROLINA CODE
OF LAWS AND OTHER APPLICABLE LAWS.
(a) By submitting an offer, the offeror certifies that-
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any
consultation, communication, or agreement with any other offeror or competitor relating to—
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any
other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a
negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer
for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-
Page 8
(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and
that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of
this certification; or
(2)(i) Has been authorized, in writing, to act as agent for the offeror’s principals in certifying that those principals have not
participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification [As used
in this subdivision (b)(2)(i), the term “principals” means the person(s) in the offeror’s organization responsible for
determining the prices offered in this bid or proposal];
(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not
participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through
(a)(3) of this certification.
(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.
CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS
(a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-
(i) Offeror and/or any of its Principals-
(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any
state or federal agency;
(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them
for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of
offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
tax evasion, or receiving stolen property; and
(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of
any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.
(ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any
public (Federal, state, or local) entity.
(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a
subsidiary, division, or business segment, and similar positions).
(b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award, Offeror
learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written explanation
regarding its inability to make the certification. The certification will be considered in connection with a review of the
Offeror's responsibility. Failure of the Offeror to furnish additional information as requested by the Procurement Officer may
render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render,
in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed
when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification,
in addition to other remedies available to the State, the Procurement Officer may terminate the contract resulting from this
solicitation for default.
CODE OF LAWS AVAILABLE
The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at:
http://www.scstatehouse.gov/code/statmast.php
Page 9
The South Carolina Regulations are available at:
http://www.scstatehouse.gov/coderegs/statmast.php
DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (JUL 2023)
(“OCI FAQ for Contractors” is available at www.procurement.sc.gov)
(a) You certify that, after reasonable inquiry, to the best of your knowledge and belief: (1) your offer identifies any services
that relate to either this solicitation or the work and that have already been performed by you, a proposed subcontractor, or
an affiliated business or consultant of either; and (2) there are no relevant facts or circumstances that may give rise to an
actual or potential organizational conflict of interest, or that your offer identifies and explains any unfair competitive
advantage you may have in competing for the proposed contract and any actual or potential conflicts of interest that may arise
from your participation in this competition or your receipt of an award.
(b) If you, a proposed subcontractor, or an affiliated business or consultant of either, have an unfair competitive advantage or
an actual or potential conflict of interest, the State may withhold award. Before withholding award on these grounds, the State
will notify you of the concerns and provide a reasonable opportunity for you to respond. The State may consider efforts to
avoid or mitigate such concerns, including restrictions on future activities.
(c) The certification in paragraph (a) of this provision is a material representation of fact upon which the State will rely when
considering your offer for award.
DEADLINE FOR SUBMISSION OF OFFER
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 body's mail room which services that purchasing office prior to the opening.
DRUG FREE WORK PLACE CERTIFICATION
By submitting an Offer, Contractor certifies that, if awarded a contract, Contractor will comply with all applicable provisions
of The Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended.
DUTY TO INQUIRE
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. All ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation
shall be interpreted to require the better quality or greater quantity of work and/or materials, unless otherwise directed by
amendment. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the
State's attention. See clause entitled "Questions from Offerors."
ETHICS CERTIFICATE
By submitting an offer, the offeror certifies that the offeror has and will comply with, and has not, and will not, induce a
person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics act). The following statutes
require special attention: Section 8-13-700, regarding use of official position for financial gain; Section 8-13-705, regarding
gifts to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance of public
official; Sections 8-13-755 and 8-13-760, regarding restrictions on employment by former public official; Section 8-13-775,
prohibiting public official with economic interests from acting on contracts; Section 8-13-790, regarding recovery of
kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342, regarding restrictions
on contributions by contractor to candidate who participated in awarding of contract. The 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.
Page 10
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 or uploaded as a separate document and must clearly indicate that it is a separate offer. If this solicitation is a
Request for Proposals, multiple offers may be submitted or uploaded as one document, provided that you clearly differentiate
between each offer and you submit a separate cost proposal for each offer, if applicable.
OMIT TAXES FROM PRICE
Do not include any sales or use taxes in Your price that the State may be required to pay.
OPEN TRADE REPRESENTATION
By submitting an Offer, Offeror represents that Offeror is not currently engaged in the boycott of a person or an entity based
in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code Section 11-
35-5300.
PRICING
(a) Fixed Price. If a fixed price is required, award will not be made on an Offer if the total possible price to the State cannot
be determined. (b) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it
is unreasonable as to price. (c) Unbalanced Pricing. The State will analyze all offers with separately priced line items or
subline items to determine if the prices are unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated
price, the price of one or more line items is significantly over or understated. The responsible procurement officer may reject
an offer as unreasonably priced if she determines that unbalanced pricing increases performance risk (e.g., it is so unbalanced
as to be tantamount to allowing an advance payment) or could result in payment of unreasonably high prices.
PROTESTS
(a) If you are aggrieved in connection with the solicitation or award of the contract, you may be entitled to protest. To protest
the solicitation or an amendment, your written protest must be received within fifteen Days of the date the applicable
solicitation document is issued. To protest an award, (i) written notice of your intent to protest must be received within seven
Business Days of the date the award notice is posted, and (ii) your actual written protest must be received within fifteen Days
of the date the award notice is posted. Time periods are computed in accordance with Section 11-35-310(13) and the
definitions for Day and Business Day. Both protests and notices of intent to protest must be received by the appropriate Chief
Procurement Officer (CPO). See clause entitled "Protest-CPO." (b) Pursuant to Section 11-35-410, documents directly
connected to a procurement activity may be available within five days after request. All document requests should be directed
to the procurement officer listed on the cover page and to SCDOTFOIAInfo@scdot.org. If a protest is pending, the
protestant’s lawyer may access otherwise unavailable information by applying to the CPO for the issuance of a protective
order. Additional information is available at www.procurement.sc.gov/legal
PROHIBITED COMMUNICATIONS AND DONATIONS
Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a
violation of law.
(a) During the period between publication of the solicitation and final award, you must not communicate, directly or
indirectly, with the Using Governmental Unit or its employees, agents or officials regarding any aspect of this procurement
activity, unless otherwise approved in writing by the Procurement Officer. All communications must be solely with the
Procurement Officer.
(b) You represent that your offer discloses any gifts made, directly or through an intermediary, by you or your named
subcontractors to or for the benefit of the Using Governmental Unit during the period beginning eighteen months prior
to the Opening Date.
Page 11
PUBLIC OPENING
Offers will be publicly opened at the date/time and at the location identified on the Cover Page, or last Amendment, whichever
is applicable.
QUESTIONS FROM OFFERORS
(a) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must
request it in writing. Questions regarding the original solicitation or any amendment must be received by the Procurement
Officer no later than five (5) days prior to opening unless an earlier date is stated on the Cover Page. Label any communication
regarding your questions with the name of the procurement officer, and the solicitation's title and number. Oral explanations
or instructions will not be binding. Any information given a prospective offeror concerning a solicitation will be furnished
promptly to all other prospective offerors as an Amendment to the solicitation, if that information is necessary for submitting
offers or if the lack of it would be prejudicial to other prospective offerors. See clause entitled "Duty to Inquire." We will not
identify you in our answer to your question. (b) The State seeks to permit maximum practicable competition. Offerors are
urged to advise the Procurement Officer -- as soon as possible -- regarding any aspect of this procurement, including any
aspect of the Solicitation that unnecessarily or inappropriately limits full and open competition.
REJECTION/CANCELLATION
The State may cancel this solicitation in whole or in part. The State may reject any or all proposals in whole or in part.
RESPONSIVENESS
(a) Award will not be made on a nonresponsive offer. An offer is nonresponsive (i) if it does not constitute an unambiguous
offer to enter into a contract with the State, or (ii) if it imposes conditions inconsistent with, or does not unambiguously agree
to, the solicitation’s material requirements. (b) Bid as Specified. Offers for supplies or services other than those specified will
not be considered unless authorized by the Solicitation.
SIGNING YOUR OFFER
Every Offer must be signed by an individual with actual authority to bind the Offeror. (a) If the Offeror is an individual, the
Offer must be signed by that individual. If the Offeror is an individual doing business as a firm, the Offer must be submitted
in the firm name, signed by the individual, and state that the individual is doing business as a firm. (b) If the Offeror is a
partnership, the Offer must be submitted in the partnership name, followed by the words by its Partner, and signed by a
general partner. (c) If the Offeror is a corporation, the Offer must be submitted in the corporate name, followed by the
signature and title of the person authorized to sign. (d) An Offer may be submitted by a joint venturer involving any
combination of individuals, partnerships, or corporations. If the Offeror is a joint venture, the Offer must be submitted in the
name of the Joint Venture and signed by every participant in the joint venture in the manner prescribed in paragraphs (a)
through (c) above for each type of participant. (e) If an Offer is signed by an agent, other than as stated in subparagraphs (a)
through (d) above, the Offer must state that is has been signed by an Agent. Upon request, Offeror must provide proof of the
agent's authorization to bind the principal.
STATE OFFICE CLOSINGS
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: https://scemd.org/closings/
DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA
(a) IF YOU IDENTIFY YOUR ENTIRE RESPONSE AS EXEMPT FROM PUBLIC DISCLOSURE, OR IF YOU DO
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NOT SUBMIT A REDACTED COPY AS REQUIRED, THE STATE MAY, IN ITS SOLE DISCRETION,
DETERMINE YOUR BID OR PROPOSAL NONRESPONSIVE AND INELIGIBLE FOR AWARD. (b) By submitting
a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every page, or portion thereof, 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, or portion thereof, was redacted and conspicuously marked "Trade Secret" or
"Confidential" or "Protected", (2) agrees that any information not redacted and 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. (c) If your offer includes any information that you claim
is exempt from public disclosure, you must submit one complete copy of your offer from which you have removed or
concealed such information (the redacted copy). Except for the information removed or concealed, the redacted copy must
be identical to your original offer. (d) Do not mark your entire response (bid, proposal, quote, etc.) as confidential, trade
secret, or protected. If only portions of a page are subject to some protection, do not redact the entire page. The redacted copy
must reflect the same pagination as the original and show the empty space from which information was redacted. The
Procurement Officer must be able to view, search, copy and print the redacted copy without a password. 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. (e) On the redacted copy, you must identify the basis of your claim by marking each redaction as
follows: You must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that you redacted and
claim as exempt from public disclosure because it is either (1) a trade secret as defined in Section 30-4-40(a)(1) of the
Freedom of Information Act, or (2) privileged and confidential. You must separately mark with the words "TRADE SECRET"
every page, or portion thereof, that you redacted and claim as exempt from public disclosure as a trade secret pursuant to
Section 39-8-20 of the Trade Secrets Act. You must separately mark with the word "PROTECTED" every page, or portion
thereof, that you redacted and claim as exempt from public disclosure. All markings must be conspicuous; use color, bold,
underlining, or some other method in order to conspicuously distinguish the mark from the other text. (f) In determining
whether to release documents, the State will detrimentally rely on your redaction and marking of documents, as required by
these bidding instructions, as being either "Confidential" or "Trade Secret" or "Protected". By submitting a response, you
agree to defend, indemnify and hold harmless the State of South Carolina, its agencies, officers and employees, from every
claim, demand, loss, expense, cost, damage or injury, including attorney's fees, arising out of or resulting from withholding
information by the State of South Carolina or any of its agencies, that you have redacted or marked as "Confidential" or
"Trade Secret" or "Protected". (All references to S.C. Code of Laws.)
SUBMITTING A PAPER OFFER OR MODIFICATION
Unless specifically instructed otherwise in the solicitation, you should submit your offer or modification in accordance with
the clause titled "ON-LINE BIDDING INSTRUCTIONS." Paper offers are discouraged. If you must submit a paper offer or
modification the following instructions apply. (a) All prices and notations should be printed in ink or typewritten. Errors
should be crossed out, corrections entered and initialed by the person signing the bid. Do not modify the solicitation document
itself (including bid schedule). (b) (1) All copies of the offer or modification, and any other documents required to be
submitted with the offer shall be enclosed in a sealed, opaque envelope or package. (2) Submit your offer or modification to
the address on the Cover Page. (3) The envelope or package must show the time and date specified for opening, the solicitation
number, and the name and address of the bidder. If the offer or modification is sent by mail or special delivery service (UPS,
Federal Express, etc.), the outermost envelope or wrapper must be labeled "OFFER ENCLOSED" on the face thereof. (c) If
you are responding to more than one solicitation, submit each offer in a separate envelope or package. (d) Submit the number
of copies indicated on the Cover Page. (e) Facsimile or e-mail offers, modifications, or withdrawals, will not be considered
unless authorized by the Solicitation.
VENDOR REGISTRATION MANDATORY
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 Doing Business with Us. Then 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. Note
that your vendor registration submission may take up to 30 days to process due to high numbers of registrants. Vendors
must keep their vendor information current. If you are already registered and know your User ID and Password, you can
update your information by selecting Update Vendor Registration. If you need to update information but do not have your
User ID/Password, you must complete a new vendor registration and On Step 9 – Messages to Administration indicate
“Update vendor number” with your existing 10-digit vendor number. (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
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agencies at South Carolina Business One Stop, http://scbos.sc.gov)
WITHDRAWAL OR CORRECTION OF OFFER
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.
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II. INSTRUCTIONS TO OFFERORS -- B. S
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