- Detail
- Attachments
- Name
- Executive Restroom Rentals for 2026 SCSU Athletics.pdf
- Delivery Point
- South Carolina
- Excerpt
- SAP
State of South Carolina
Request for Quote
Solicitation:
Date Issued:
Procurement Officer:
Phone:
E-Mail Address:
Mailing Address:
5400030072
08/04/2026
Stacy Gregg, NIGP-CPP, CPPO, CPPB
Sgregg7@scsu.edu
300 College Avenue
Orangeburg, SC 29115
DESCRIPTION: Executive Restrooms for 2026 SCSU Football Games
USING GOVERNMENTAL UNIT: South Carolina State University Athletics
SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov
SUBMIT OFFER BY (Opening Date/Time): 08/20/2026 11:30:00 AM (See "Deadline For Submission Of Offer" provision)
QUESTIONS MUST BE RECEIVED BY: 08/08/2026 11:30:00 AM (See "Questions From Offerors" provision)
NUMBER OF COPIES TO BE SUBMITTED: 1
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 08/20/2026 . 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.
- Listing
- Title
- Executive Restrooms for SCSU 2026
- Agency
- SC State University
- Due Date Raw
- 08/20/2026 12:00:00 AM
- Solicit Number
- 5400030072
- Pdf Text
- SAP
State of South Carolina
Request for Quote
Solicitation:
Date Issued:
Procurement Officer:
Phone:
E-Mail Address:
Mailing Address:
5400030072
08/04/2026
Stacy Gregg, NIGP-CPP, CPPO, CPPB
Sgregg7@scsu.edu
300 College Avenue
Orangeburg, SC 29115
DESCRIPTION: Executive Restrooms for 2026 SCSU Football Games
USING GOVERNMENTAL UNIT: South Carolina State University Athletics
SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov
SUBMIT OFFER BY (Opening Date/Time): 08/20/2026 11:30:00 AM (See "Deadline For Submission Of Offer" provision)
QUESTIONS MUST BE RECEIVED BY: 08/08/2026 11:30:00 AM (See "Questions From Offerors" provision)
NUMBER OF COPIES TO BE SUBMITTED: 1
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 08/20/2026 . 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 - 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)).
____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
SAP
SECTION I 3
Acquire Services And Supplies / Equipment (Jan 2006) 3
Maximum Contract Period - Estimated (Jan 2006) 3
SECTION IIA 4
Definitions, Capitalization, And Headings (Dec 2015) 4
Amendments To Solicitation (Jan 2004) 5
Authorized Agent (Feb 2015) 5
Bid/Proposal As Offer To Contract (Jan 2004) 5
Bid Acceptance Period (Jan 2004) 5
Bid In English And Dollars (Jan 2004) 6
Certificate Of Independent Price Determination (May 2008) 6
Certification Regarding Debarment And Other Responsibility Matters (Jan 2004) 6
Code Of Laws Available (Jan 2006) 7
Disclosure Of Conflicts Of Interest Or Unfair Competitive Advantage (Feb 2015) 8
Deadline For Submission Of Offer (Jan 2004) 8
Drug Free Work Place Certification (Jan 2004) 8
Duty To Inquire (Feb 2015) 8
Ethics Certificate (May 2008) 8
Omit Taxes From Price (Jan 2004) 9
Open Trade Representation (Jun 2015) 9
Protests (May 2019) 10
Prohibited Communications And Donations (Feb 2015) 10
Public Opening (Jan 2004) 10
Questions From Offerors (Feb 2015) 11
Rejection/Cancellation (Jan 2004) 11
Responsiveness/Improper Offers (Jun 2015) 11
Signing Your Offer (Jan 2004) 11
State Office Closings (Jan 2004) 12
Disclosure Of Your Bid / Proposal And Submitting Confidential Data (Feb 2021) 12
Submitting A Paper Offer Or Modification (Mar 2015) 13
Vendor Registration Mandatory (Jan 2006) 14
Withdrawal Or Correction Of Offer (Jan 2004) 14
SECTION IIB
Descriptive Literature -- Required (Jan 2006) 14
On-Line Bidding Instructions (Mar 2015) 14
Preferences - A Notice To Vendors (Sep 2009) 15
Preferences - Sc/Us End-Product (Sep 2009) 15
Preferences - Resident Contractor Preference (Sep 2009) 15
Preferences - Resident Subcontractor Preference (Sep 2009) 15
Preferences - Resident Vendor Preference (Sep 2009) 16
Unit Prices Required (Jan 2006) 16
SECTION III 16
Delivery/Performance Location -- Specified (Jan 2006) 21
Delivery Date -- 30 Days Aro (Jan 2006) 21
Installation (Jan 2006) 22
SECTION IV
Information For Offerors To Submit -- General (Mar 2015) 22
SECTION V 22
Qualifications Of Offeror (Mar 2015) 22
Subcontractor -- Identification (Feb 2015) 22
SECTION VI
Award Criteria -- Bids (Jan 2006) 23
Page 2
Award To One Offeror (Jan 2006) 23
Competition From Public Entities (Jan 2006) 23
Unit Price Governs (Jan 2006) 23
SECTION VIIA
Assignment, Novation, And Change Of Name, Identity, Or Structure (Feb 2015) 23
Bankruptcy - General (Feb 2015) 23
Choice-Of-Law (Jan 2006) 24
Contract Documents And Order Of Precedence (Feb 2015) 24
Discount For Prompt Payment (Jan 2006) 24
Disputes (Jan 2006) 25
Eft Information (Feb 2021) 25
False Claims (Jan 2006) 25
Fixed Pricing Required (Jan 2006) 26
No Indemnity Or Defense (Feb 2015) 26
Notice (Jan 2006) 26
Open Trade (Jun 2015) 26
Payment And Interest (Feb 2021) 26
Publicity (Jan 2006) 27
Purchase Orders (Jan 2006) 27
Survival Of Obligations (Jan 2006) 27
Taxes (Jan 2006) 27
Termination Due To Unavailability Of Funds (Jan 2006) 28
Third Party Beneficiary (Jan 2006) 28
Waiver (Jan 2006) 28
SECTION VIIB 28
CISG (JAN 2006) 28
Compliance With Laws (Jan 2006) 28
Contractor's Liability Insurance - General (Feb 2015) 28
Contractor Personnel (Jan 2006) 30
Contractor's Obligation -- General (Jan 2006) 30
Default - Short Form (Feb 2015) 30
Illegal Immigration (Nov 2008) 30
Indemnification-Third Party Claims - General (Nov 2011) 31
Indemnification-Intellectual Property (Jan 2006) 31
Licenses And Permits (Jan 2006) 32
Limitation Of Liability -- Single Agency (May 2020) 32
Material And Workmanship (Jan 2006) 33
Relationship Of The Parties (Jan 2006) 33
Shipping / Risk Of Loss (Jan 2006) 33
Substitutions Prohibited - End Product Preferences (Sep 2009) 33
Subcontractor Substitution Prohibited - Resident Subcontractor Preference (Sep 2009) 33
Term Of Contract -- Effective Date / Initial Contract Period (Jan 2006) 33
Termination For Convenience -- Short Form (Jan 2006) 34
SECTION VIII 35
BIDDING SCHEDULE (NOV 2007) 35
SECTION IX 36
List Of Attachments 36
Page 3
SAP
I. SCOPE OF SOLICITATION
ACQUIRE SERVICES and SUPPLIES / EQUIPMENT (JAN 2006)
The purpose of this solicitation is to acquire services and supplies or equipment complying
with the enclosed description and/or specifications and conditions. [01-1005-1]
BUDGET MAXIMUM (JAN 2006)
The funds available for this project are limited to $45,000. If the price you offer exceeds this
amount, your offer will be rejected as non-responsive.
[01-1030-1]
MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)
Start date: 08/25/2026 End date: 12/31/2026. 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]
OVERVIEW
South Carolina State University (SCSU), founded in 1896 and located in Orangeburg, South
Carolina, is the state’s only public Historically Black College and University (HBCU). As a
comprehensive land‑grant institution, SCSU is committed to excellence in teaching, research,
and service, and it plays a vital role in advancing educational opportunity and community
engagement throughout the state and region. The University’s proud traditions, strong
academic programs, and vibrant campus life contribute to its reputation as a leader in
developing scholars, professionals, and global citizens.
SCSU has enjoyed services of multiple suppliers for Executive Restroom rentals in recent
years, particularly related to our desire for consistent and timely service. Previous contracts
for the provision of these restrooms may be found online at www.procurement.sc.gov:
Contract 4400037765 Tentsouth
Contract 4400035267 Charleston Tailgate
Page 4
II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS
DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015)
CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE ONLY AND
SHALL NOT BE USED TO CONSTRUE MEANING OR INTENT. EVEN IF NOT
CAPITALIZED, THE FOLLOWING DEFINITIONS ARE APPLICABLE TO ALL PARTS OF
THE SOLICITATION, UNLESS EXPRESSLY PROVIDED OTHERWISE.
• AMENDMENT means a document issued to supplement the original solicitation
document.
• AUTHORITY means the State Fiscal Accountability Authority or its successor in
interest.
• BUSINESS means any corporation, partnership, individual, sole proprietorship, joint
stock company, joint venture, or any other legal entity. [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(4)]
• 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.
• 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. May also
be referred to as South Carolina State University, SCSU, or the University.
• 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 Term Contract," the phrase "Using Governmental Unit" means any South
Page 5
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 Term 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.
[02-2A003-3]
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]
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]. [02-2A010-2]
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)
Page 6
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]
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 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. [02-2A032-2] [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-
Page 7
(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.gov/code/statmast.php
Page 8
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
(FEB 2015)
You warrant and represent that your offer identifies and explains any unfair competitive
advantage you may have in competing for the proposed contract and any actual or potential
conflicts of interest that may arise from your participation in this competition or your receipt of
an award. The two underlying principles are (a) preventing the existence of conflicting roles
that might bias a contractor's judgment, and (b) preventing an unfair competitive advantage. If
you have an unfair competitive advantage or a conflict of interest, the state may withhold
award. Before withholding award on these grounds, an offeror will be notified of the concerns
and provided a reasonable opportunity to respond. Efforts to avoid or mitigate such concerns,
including restrictions on future activities, may be considered. Without limiting the foregoing,
you represent that your offer identifies any services that relate to either this solicitation or the
work and that has already been performed by you, a proposed subcontractor, or an affiliated
business of either. [02-2A047-2]
DEADLINE FOR SUBMISSION OF OFFER (JAN 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]
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)
Page 9
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.
S.C. Code Ann. Reg. 19-445.2070E. (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. [02-2A082-1]
Page 10
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 DocReq@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] [02-2A085-2]
PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)
Violation of these restrictions may result in disqualification of your offer, suspension or
debarment, and may constitute a violation of law.
(a) During the period between publication of the solicitation and final award, you must not
communicate, directly or indirectly, with the Using Governmental Unit or its
employees, agents or officials regarding any aspect of this procurement activity,
unless otherwise approved in writing by the Procurement Officer. All communications must be
solely with the Procurement Officer. [R. 19-445.2010]
(b) You are advised to familiarize yourself with Regulation 19-445.2165, which restricts
donations to a governmental entity with whom you have or seek to have a contract. You
represent that your offer discloses any gifts made, directly or through an intermediary,
by you or your named subcontractors to or for the benefit of the Using Governmental
Unit during the period beginning eighteen months prior to the Opening Date. [R. 19-
445.2165] [02-2A087-1]
PUBLIC OPENING (JAN 2004)
Offers will be publicly opened at the date/time and at the location identified on the Cover
Page, or last Amendment, whichever is applicable. [02-2A090-1]
Page 11
QUESTIONS FROM OFFERORS (FEB 2015)
(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. [See R.
19-445.2042(B)] Any information given a prospective offeror concerning a solicitation will be
furnished promptly to all other prospective offerors as an Amendment to the solicitation, if that
information is necessary for submitting offers or if the lack of it would be prejudicial to other
prospective offerors. See clause entitled "Duty to Inquire." We will not identify you in our
answer to your question. (b) The State seeks to permit maximum practicable competition.
Offerors are urged to advise the Procurement Officer -- as soon as possible -- regarding any
aspect of this procurement, including any aspect of the Solicitation that unnecessarily or
inappropriately limits full and open competition. [See R. 19-445.2140] [02-2A095-2]
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 (MAR 2024)
(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. [02-2A105-3]
[02-2A105-2]
SIGNING YOUR OFFER (JAN 2004)
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]
Page 12
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: https://scemd.org/closings/ [02-
2A120-3]
PROTEST - CPO - MMO ADDRESS (MAR 2024)
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, or
(b) by post or delivery to 1201 Main Street, Suite 600, Columbia, SC 29201. [02-2B122-2]
DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA
(FEB 2021)
(a) According to Section 11-35-410, any person submitting a document in response or with
regard to any solicitation or other request must "comply with instructions provided in the
solicitation for marking information exempt from public disclosure. Information not marked as
required by the applicable instructions may be disclosed to the public." IF YOU IDENTIFY
YOUR ENTIRE RESPONSE AS EXEMPT FROM PUBLIC DISCLOSURE, OR IF YOU DO
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
Page 13
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, as that phrase
is used in Section 11-35-410. 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 pursuant to 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. (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 "Prote
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SC State UniversityIssuing agency·South Carolina·via a public procurement portal