- Detail
- Delivery Point
- Columbia, SC
- Excerpt
- SAP
State of South Carolina
Invitation For Bid
Solicitation:
Date Issued:
Procurement Officer:
Phone:
E-Mail Address:
Mailing Address:
5400030291
10/22/2026
CHRISTOPHER MARLOWE
803-737-0983
cmarlowe@mmo.sc.gov
SFAA, Div. of Procurement Services
PO Box 101103
Columbia SC 29201-3734
DESCRIPTION: SCDE-USDA Food Delivery
USING GOVERNMENTAL UNIT: SC Department of Education Admin
SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov
SUBMIT OFFER BY (Opening Date/Time): 12/30/2026 11:00:00am ET(See "Deadline For Submission Of Offer" provision)
QUESTIONS MUST BE RECEIVED BY: 12/01/2026 17:00:00 ET(See "Questions From Offerors" provision)
NUMBER OF COPIES TO BE SUBMITTED: 1
CONFERENCE TYPE: Pre-Proposal Conference
DATE & TIME: 11/18/2026 10:00:00
(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)
LOCATION: Microsoft Teams
Please contact procurement officer for meeting
details.
AWARD &
AMENDMENTS
Award will be posted on 1/13/2027 . 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
- SCDE-USDA Food Delivery
- Agency
- Materials Mgmt Ofc
- Due Date Raw
- 12/30/2026 11:00:00 AM
- Solicit Number
- 5400030291
- Pdf Text
- SAP
State of South Carolina
Invitation For Bid
Solicitation:
Date Issued:
Procurement Officer:
Phone:
E-Mail Address:
Mailing Address:
5400030291
10/22/2026
CHRISTOPHER MARLOWE
803-737-0983
cmarlowe@mmo.sc.gov
SFAA, Div. of Procurement Services
PO Box 101103
Columbia SC 29201-3734
DESCRIPTION: SCDE-USDA Food Delivery
USING GOVERNMENTAL UNIT: SC Department of Education Admin
SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov
SUBMIT OFFER BY (Opening Date/Time): 12/30/2026 11:00:00am ET(See "Deadline For Submission Of Offer" provision)
QUESTIONS MUST BE RECEIVED BY: 12/01/2026 17:00:00 ET(See "Questions From Offerors" provision)
NUMBER OF COPIES TO BE SUBMITTED: 1
CONFERENCE TYPE: Pre-Proposal Conference
DATE & TIME: 11/18/2026 10:00:00
(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)
LOCATION: Microsoft Teams
Please contact procurement officer for meeting
details.
AWARD &
AMENDMENTS
Award will be posted on 1/13/2027 . 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 - Preferences do not apply per SC Consolidated Procurement Code Section 11-35-1524 (E) (3).
PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Preferences do not apply SC Consolidated
Procurement Code Section 11-35-1524 (E) (3).
____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 1
Table of Contents
I. SCOPE OF SOLICITATION .................................................................................................... 6
ACQUIRE SERVICES (MODIFIED) ........................................................................................ 6
MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006) ....................................................... 6
II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS............................................... 7
DEFINITIONS, CAPITALIZATION, AND HEADINGS (MODIFIED)............................................... 7
AMENDMENTS TO SOLICITATION (JAN 2004) ....................................................................... 7
AUTHORIZED AGENT (FEB 2015) ......................................................................................... 8
AWARD NOTIFICATION (MAR 2024) ..................................................................................... 8
BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004) ........................................................... 8
BID ACCEPTANCE PERIOD (JAN 2004) ................................................................................. 8
BID IN ENGLISH and DOLLARS (JAN 2004) ........................................................................... 8
AUTHORITY AS PROCUREMENT AGENT (DEC 2015) ............................................................. 8
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAR 2024) ................................... 8
CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)
......................................................................................................................................... 9
CODE OF LAWS AVAILABLE (JAN 2006).............................................................................. 10
DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (JUL 2023)
....................................................................................................................................... 10
DEADLINE FOR SUBMISSION OF OFFER (JAN 2004) ........................................................... 10
DRUG FREE WORK PLACE CERTIFICATION (JAN 2004) ....................................................... 10
DUTY TO INQUIRE (FEB 2015) ........................................................................................... 11
ETHICS CERTIFICATE (MAY 2008) ...................................................................................... 11
MULTIPLE OFFERS (MAR 2024) ......................................................................................... 11
OMIT TAXES FROM PRICE (JAN 2004)................................................................................. 11
PRICING (MAR 2024) ........................................................................................................ 11
OPEN TRADE REPRESENTATION (JUN 2015) ...................................................................... 12
PROTESTS (MAY 2024) ...................................................................................................... 12
PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015) .......................................... 12
Page 2
PUBLIC OPENING (JAN 2004) ........................................................................................... 12
QUESTIONS FROM OFFERORS (FEB 2015)......................................................................... 12
REJECTION/CANCELLATION (JAN 2004) ............................................................................ 13
RESPONSIVENESS (MAR 2024) ......................................................................................... 13
SIGNING YOUR OFFER (JAN 2004) .................................................................................... 13
STATE OFFICE CLOSINGS (JAN 2004) ................................................................................ 13
DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA (FEB 2021) 13
SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015) ............................................. 14
VENDOR REGISTRATION MANDATORY (MAY 2024) ............................................................. 14
WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004) ...................................................... 15
II. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS ............................................. 16
CONFERENCE - PRE-BID/PROPOSAL (JAN 2006) ............................................................... 16
MAIL PICKUP (JAN 2006)................................................................................................... 16
ON-LINE BIDDING INSTRUCTIONS (MAR 2015) .................................................................. 16
PROTEST - CPO - MMO ADDRESS (MODIFIED) ................................................................... 16
RESPONSIVENESS – CORRECTION OF NON-CONFORMITY (MAR 2024) .............................. 17
UNIT PRICES REQUIRED (JAN 2006) .................................................................................. 17
III. SCOPE OF WORK/SPECIFICATIONS ................................................................................. 18
SEE BIDDING SCHEDULE ................................................................................................. 25
DELIVERY/PERFORMANCE LOCATION -- SPECIFIED (JAN 2006) .......................................... 25
IV. INFORMATION FOR OFFERORS TO SUBMIT ...................................................................... 26
INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (MAR 2015) ................................... 26
V. QUALIFICATIONS ............................................................................................................. 27
QUALIFICATIONS OF OFFEROR (MAR 2015)....................................................................... 27
QUALIFICATIONS -- REQUIRED INFORMATION (MODIFIED) ................................................ 27
SUBCONTRACTOR -- IDENTIFICATION (FEB 2015) .............................................................. 27
VI. AWARD CRITERIA ........................................................................................................... 28
AWARD CRITERIA -- BIDS (JAN 2006) ................................................................................. 28
Page 3
AWARD TO ONE OFFEROR (JAN 2006) ............................................................................... 28
CALCULATING THE LOW BID ............................................................................................ 28
COMPETITION FROM PUBLIC ENTITIES (JAN 2006) ............................................................. 28
UNIT PRICE GOVERNS (JAN 2006) ..................................................................................... 28
VII. TERMS AND CONDITIONS -- A. GENERAL ........................................................................ 29
ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (FEB 2015) .. 29
BANKRUPTCY - GENERAL (FEB 2015) ................................................................................ 29
CHOICE-OF-LAW (JAN 2006) ............................................................................................ 29
CONTRACT AWARDED PURSUANT TO CODE (MAR 2024) ................................................... 29
CONTRACT DOCUMENTS & ORDER OF PRECEDENCE (MAY 2024) ...................................... 29
DISCOUNT FOR PROMPT PAYMENT (JAN 2006) .................................................................. 30
DISPUTES (MAY 2024) ...................................................................................................... 30
EFT INFORMATION (APR 2024) .......................................................................................... 30
FALSE CLAIMS (JAN 2006) ................................................................................................ 31
FIXED PRICING REQUIRED (JAN 2006) ............................................................................... 31
NO INDEMNITY OR DEFENSE (FEB 2015) ........................................................................... 31
NOTICE (MAY 2024).......................................................................................................... 31
ORGANIZATIONAL CONFLICT OF INTEREST (JUL 2023) ....................................................... 31
PAYMENT and INTEREST (MODIFIED)................................................................................. 32
PUBLICITY (JAN 2006) ...................................................................................................... 32
PURCHASE ORDERS (JAN 2006) ....................................................................................... 32
SURVIVAL OF OBLIGATIONS (JAN 2006)............................................................................. 32
TAXES (JAN 2006) ............................................................................................................. 33
TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006) ........................................... 33
THIRD PARTY BENEFICIARY (JAN 2006) .............................................................................. 33
WAIVER (JAN 2006) .......................................................................................................... 33
VII. TERMS AND CONDITIONS -- B. SPECIAL.......................................................................... 34
BYRD ANTI-LOBBYTING AMENDMENT (31 U.S.C. 1352) ....................................................... 34
Page 4
CHANGES (JAN 2006)....................................................................................................... 34
CLEAN AIR ACT (42 U.S.C. 7401 et seq.) AND THE FEDERAL WATER POLLUTION CONTROL ACT
(33 U.S.C.1251 et seq.), as amended ................................................................................. 34
COMPLIANCE WITH LAWS (JAN 2006) ............................................................................... 35
CONFERENCE -- PRE-PERFORMANCE (JAN 2006).............................................................. 35
CONTRACT LIMITATIONS (JAN 2006) ................................................................................. 35
CONTRACTOR'S LIABILITY INSURANCE - GENERAL (FEB 2015) ........................................... 35
CONTRACTOR PERSONNEL (JAN 2006) ............................................................................. 36
CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006) ........................................................ 36
DEBARMENT AND SUSPENSION (E.O. 12549 and E.O. 12689) ............................................. 36
DEFAULT (JAN 2006) ......................................................................................................... 36
ENERGY EFFICIENCY ....................................................................................................... 37
ETHICS CERTIFICATE COPELAND “Anti-Kickback” Act (18U.S.C. 874 and 40 U.S.C. 276c) ..... 38
ESTIMATED QUANTITY -- PURCHASES FROM OTHER SOURCES (JAN 2006).......................... 38
ESTIMATED QUANTITY -- UNKNOWN (JAN 2006) ................................................................ 38
ILLEGAL IMMIGRATION (NOV 2008)................................................................................... 38
INDEMNIFICATION-THIRD PARTY CLAIMS - GENERAL (NOV 2011)....................................... 38
LICENSES AND PERMITS (JAN 2006).................................................................................. 39
PREVENTING AND REPORTING FRAUD, WASTE AND ABUSE (SCDE - JAN 2021) ................... 39
PRICE ADJUSTMENTS (JAN 2006) ...................................................................................... 39
PRICE ADJUSTMENT - LIMITED -- AFTER INITIAL TERM ONLY (JAN 2006) ............................... 40
PRICE ADJUSTMENTS -- LIMITED BY CPI "OTHER GOODS and SERVICES" (JAN 2006) ........... 40
PRICING DATA -- AUDIT -- INSPECTION (JAN 2006) ............................................................. 40
PROCUREMENT OF RECOVERED MATERIALS .................................................................... 40
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SERVEILLANCE SERVICES
OR EQUIPMENT ............................................................................................................... 41
RECORDS ACCESS .......................................................................................................... 41
RECORDS RETENTION (SCDE – JAN 2021) ......................................................................... 41
RELATIONSHIP OF THE PARTIES (JAN 2006) ....................................................................... 41
Page 5
REMEDIES FOR BREACH .................................................................................................. 41
REPORTING REQUIREMENTS ........................................................................................... 41
SHIPPING / RISK OF LOSS (JAN 2006) ................................................................................ 42
TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006) ............... 42
TERM OF CONTRACT -- OPTION TO RENEW (FEB 2021) ...................................................... 42
TERM OF CONTRACT – TERMINATION BY CONTRACTOR (JAN 2006) .................................... 42
TERMINATION FOR CONVENIENCE -- INDEFINITE DELIVERY / INDEFINITE QUANTITY
CONTRACTS (JAN 2006) ................................................................................................... 42
TERMINATION FOR CONVENIENCE (JAN 2006) .................................................................. 42
VIII. BIDDING SCHEDULE / PRICE-BUSINESS PROPOSAL ...................................................... 44
BIDDING SCHEDULE (NOV 2007)...................................................................................... 44
IX. ATTACHMENTS TO SOLICITATION .................................................................................... 45
LIST OF ATTACHMENTS [09-9002-1] .................................................................................. 45
Page 6
SAP
I. SCOPE OF SOLICITATION
ACQUIRE SERVICES (MODIFIED)
State Fiscal Accountability Authority (SFAA), Division of Procurement Services (DPS), Office of State Procurement
(OSP), on behalf of the South Carolina Department of Education, (SCDE) through this solicitation, seeks a contractor to
provide Warehousing and Distribution (delivery) of United States Department of Agriculture (USDA) food commodities
throughout the state of South Carolina to public, charter, private or parochial schools and residential childcare centers.
The contractors(s) would receive and deliver on behalf of the Department of Education, federally procured foods from dry,
chilled, and frozen environments to approximately 114 recipient agencies.
MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)
Start date: 07/02/2027 End date: 07/01/2032. 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]
Page 7
SAP
II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS
DEFINITIONS, CAPITALIZATION, AND HEADINGS (MODIFIED)
CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE ONLY AND WILL NOT BE
USED TO CONSTRUE MEANING OR INTENT. EVEN IF NOT CAPITALIZED, THE FOLLOWING DEFINITIONS
APPLY 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. [11-35-310(3)]
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.
[11-35-310(5)]
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. [11- 35-310(9)]
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.
PROGRAM refers to the USDA Food Distribution Program
YOU and YOUR means Offeror.
SCHOOLS: means recipients of donated foods in the State such as public, charter, private or parochial schools and
residential childcare centers[VP10.1] institutes.
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.”
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]
Page 8
AUTHORIZED AGENT (FEB 2015)
All authority regarding this procurement is vested solely with the responsible Procurement Officer. Unless specifically
delegated in writing, the Procurement Officer is the only government official authorized to bind the government with regard
to this procurement or the resulting contract. [02-2A007-1]
AWARD NOTIFICATION (MAR 2024)
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
pursuant to Section 11-35-4210(1)(b) 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.
[02-2A010-3]
BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)
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]
AUTHORITY AS PROCUREMENT AGENT (DEC 2015)
The Procurement Officer is an employee of the Authority 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 Authority is not a party to such contracts, unless and to the extent that the Authority
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. [02-2A030-3]
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAR 2024)
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
Page 9
OTHER APPLICABLE LAWS.
(a) By submitting an offer, the offeror certifies that-
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any
consultation, communication, or agreement with any other offeror or competitor relating to—
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any
other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a
negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer
for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-
(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal,
and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3)
of this certification; or
(2)(i) Has been authorized, in writing, to act as agent for the offeror’s principals in certifying that those principals have not
participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification [As used
in this subdivision (b)(2)(i), the term “principals” means the person(s) in the offeror’s organization responsible for
determining the prices offered in this bid or proposal];
(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not
participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and (iii)
As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through
(a)(3) of this certification.
(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
Page 10
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.gov/code/statmast.php
The South Carolina Regulations are available at:
http://www.scstatehouse.gov/coderegs/statmast.php
[02-2A040-2]
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, as
defined in S.C. Code Ann. Reg. 19-445.2127, 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. [02-2A047-3]
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 body's mail room which services that purchasing office prior to the opening. [R.19-445.2070(G)]
[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]
Page 11
DUTY TO INQUIRE (FEB 2015)
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." [02-2A070-2]
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]
MULTIPLE OFFERS (MAR 2024)
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. [02-2A079-1]
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]
PRICING (MAR 2024)
(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.
S.C. Code Ann. Reg. 19-445.2122C. [02-2A082-2]
Page 12
OPEN TRADE REPRESENTATION (JUN 2015)
By submitting an Offer, Offeror represents that Offeror is not currently engaged in the boycott of a person or an entity
based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code
Section 11-35-5300. [02-2A083-1]
PROTESTS (MAY 2024)
(a) If you are aggrieved in connection with the solicitation or award of the contract, you may be entitled to protest, but only
as provided in Section 11-35-4210. 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 tsimmons@mmo.sc.gov 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 [02-2A085-3]
PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)
Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a
violation of law.
(a) During the period between publication of the solicitation and final award, you must not communicate, directly or
indirectly, with the Using Government
- Pdf Text Len
- 40000
- Detail Fetched
- Yes
Materials Mgmt OfcIssuing agency·Columbia, SC·via a public procurement portal