DISTRICT WIDE AUDIO VISUAL EVENT SERVICES

Charleston County School District is seeking Bids for DISTRICT WIDE AUDIO VISUAL EVENT SERVICES. Proposals are to be submitted through the Procurement Portal at https://procurement.opengov.com/portal/ccsd, no later than 2:00 pm on Tuesday, April 28, 2026.

Project Details

• Reference ID: 2026-IFB-043
• Department: Facilities Management
• Department Head: Steve Hamer (Associate)

Important Dates

• Questions Due: 2026-04-21T18:00:00.000Z

Evaluation Criteria

• QUALIFICATIONS OF OFFEROR —

  (1) To be eligible for award, you must have the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance. We may also consider a documented commitment from a satisfactory source that will provide you with a capability. We may consider information from any source at any time prior to award. We may elect to consider (i) key personnel, any predecessor business, and any key personnel of any predecessor business, including any facts arising prior to the date a business was established, and/or (ii) any subcontractor you identify. (2) You must promptly furnish satisfactory evidence of responsibility upon request. Unreasonable failure to supply requested information is grounds for rejection. (3) Corporate subsidiaries are cautioned that the financial capability of an affiliated or parent company will not be considered in determining financial capability; however, we may elect to consider any security, e.g., letter of credit, performance bond, parent-company corporate guaranty, that you offer to provide.

• GENERAL INSTRUCTIONS —

  Only one copy of the bid is required, unless specified elsewhere herein.  Bids should be submitted via the
  CCSD Procurement Portal. Clause 3.35 Submitting a Paper Offer of Modification addresses other methods
  of submission.

  By submission of a bid, you are guaranteeing that all goods and services meet the requirements of the bid during the contract period.

  By submission of a bid, you are committing to supply the awarded system to every school where the system is needed for the duration of the contract. Allowable price differences are restricted to changes of quantity “n” devices as indicated below.

  Tie bids will be resolved as outlined in the Charleston County School District Consolidated Procurement Code.

  Do not include any sales taxes in the bid price shown that the District may be required to pay. This procedure is necessary by S.C. Tax Commission Sales and Use Tax Regulation 117-174.95.

  The District reserves the right to reject any and all bids and to cancel the solicitation.

  Unit prices will govern over extended prices unless otherwise stated in bid.

  Bid prices shall include all handling, packing and transportation charges.

  Delivery by the Contractor to a common carrier does not constitute delivery to the District.  Any claim for loss or damage shall be between the contractor and the carrier.

  If items have brand name and/or model number, specify same in the bid.

• ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE —

  (a) Contractor shall not assign this contract, or its rights, obligations, or any other interest arising from this contract, or delegate any of its performance obligations, without the express written consent of the responsible Procurement Official. The foregoing restriction does not apply to a transfer that occurs by operation of law (e.g., bankruptcy; corporate reorganizations and consolidations, but not including partial asset sales). Notwithstanding the foregoing, contractor may assign monies receivable under the contract provided that CCSD shall have no obligation to make payment to an assignee until thirty days after Contractor (not the assignee) has provided the responsible Procurement Official with (i) proof of the assignment, (ii) the identity (by contract number) of the specific state contract to which the assignment applies, and (iii) the name of the assignee and the exact address or account information to which assigned payments should be made. (b) If Contractor amends, modifies, or otherwise changes its name, its identity (including its trade name), or its corporate, partnership or other structure, or its FEIN, Contractor shall provide the Procurement Official prompt written notice of such change. (c) Any name change, transfer, assignment, or novation is subject to the conditions and approval required by SC Code Ann. Regulation 19-445.2180, which does not restrict transfers by operation of law.

• AWARD CRITERIA —

  The District intends to award a contract to the vendor or vendors whose offer, conforming to the solicitation, is the most advantageous on the basis for all products, services and requirements contained herein.
  

  AWARD TO MULTIPLE OFFERORS: Award may be made to more than one offeror. In determining award, unit prices will govern over extended prices unless otherwise stated.

• SUMMARY —

  Charleston County School District is seeking Bids for DISTRICT WIDE AUDIO VISUAL EVENT SERVICES. Proposals are to be submitted through the Procurement Portal at https://procurement.opengov.com/portal/ccsd, no later than 2:00 pm on Tuesday, April 28, 2026.

• OFFEROR’S QUALIFICATIONS —

  Offeror must be authorized to operate contractually and sell within the State of South Carolina.

• BANKRUPTCY - GENERAL —

  (a) Notice. In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy to CCSD. This notification shall be furnished within two (2) days of the initiation of the proceedings relating to the bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of all CCSD contracts against which final payment has not been made. This obligation remains in effect until final payment under this Contract. (b) Termination. This contract is voidable and subject to immediate termination by CCSD upon the contractor’s insolvency, including the filing of proceedings in bankruptcy.

• SCHEDULE OF EVENTS —

  Release Project Date:	April 14, 2026
  Question Submission Deadline:	April 21, 2026, 2:00pm
  Response Submission Deadline:	April 28, 2026, 2:00pm

• QUALITY —

  NEW: All parts must be new. All work shall be performed and completed in a thoroughly workmanlike and professional manner in accordance with best modern practices, regardless of any Omissions from the attached specifications/scope of work.

• AMENDMENTS TO SOLICITATION —
  1. The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the Procurement Portal for the issuance of Amendments.
  2. Bidders shall acknowledge receipt of any Amendment to this solicitation
     1. By signing and returning the Amendment, if submitting a paper Bid. If submitting through the Procurement Portal, you must acknowledge addenda through the Procurement Portal.
     2. By letter, or
     3. By submitting a bid that indicates in some way that the bidder received the Amendment.
• SUBCONTRACTOR - IDENTIFICATION —

  If you intend to subcontract, at any tier level, with another business for any portion of the work and that portion either (1) exceeds 10% of your cost, (2) involves access to any “government information," or (3) otherwise involves services critical to your performance of the work (err on the side of inclusion), your offer must identify that business and the work which they are to perform. Identify potential subcontractors by providing the business name, address, phone, taxpayer identification number, and point of contact. In determining your responsibility, CCSD may contact and evaluate your proposed subcontractors.

• AWARD NOTIFICATION —

  Notice regarding any award, cancellation of award, or extension of award will be posted on the portal, 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.

• AWARDS AND AMENDMENTS —

  Awards will be posted through the Procurement Portal. The award, this solicitation, and any amendments will be posted through the Procurement Portal at https://procurement.opengov.com/portal/ccsd.

• CHOICE-OF-LAW —

  The Agreement, any dispute, claim, or controversy relating to the Agreement, and all the rights and obligations of the parties shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of South Carolina. As used in this paragraph, the term “Agreement” means any transaction or agreement arising out of, relating to, or contemplated by the solicitation.

• SCOPE OF WORK / SPECIFICATIONS —

  Charleston County School District is soliciting bids from contractors to secure firm pricing and establish a contract for District Wide Audio Visual Event Services. Contractor will perform the following, but not limited to:
  • Setup and Operate a proper audio system for the size of each venue with microphones at each podium for redundancy.
  • Digitally Mix and tune the audio both for optimal live performance as well as a separately mixed feed to the Livestream.
  • Provide quiet generators or equivalent for power. This is the highly preferred method when power runs are longer than 200' and/or proper outlets with open access to breaker panels aren't available in case of emergency. These generators are used as a backup to any direct power plugged in.
  • Setup HD Video Cameras with zoom at eye level with stage to capture both a tight shot of the person speaking as well as a cutaway safety wide shot on any other activities going on.
  • Operate a live video switch allowing cuts between camera shots.
  • Connect video switch to school digital video board when possible.
  • Setup a live video stream interface laptop that connects to the school's Facebook page for transmission.
  • Utilize both the School and Mobile Hotspot/MiFi units for internet connectivity.
  • Provide multiple technicians to operate equipment on multiple campuses simultaneously.
  • Provide tent or covering for equipment in case of rain/weather.
  • Have the availability to work on alternate dates in case of rain/weather.
  • Any other Audio Visual Event services as required.

  
  7.1 Services will be provided as established by work request. All work will be performed in accordance with accepted standards for work of a similar nature including applicable local and national building codes, industry standards and CCSD standards and specifications, including but not limited to equipment mounting parts and materials. Successful Bidder shall provide all labor, material, equipment and tools required to perform the work.

  
  7.2 Non-emergency calls shall be responded to in a reasonable time (generally meaning within 24 hours) and an after-hours number shall be provided in the case of emergency or urgently needed services.

  
  7.3 Contractor shall have its primary business within 50 miles of Charleston County and be able to have its employees and representatives arrive at CCSD locations by the start of its normal business hours as defined in the Proposal Form. Some work may be required to be performed after school hours, approximately 3 p. m. - 10 p.m. or on weekends.

  
  7.4 Contractor shall supply a list of employees and proof of personnel qualifications to include, but not limited to copies of licenses, school certificates and letters of reference. CCSD reserves the right to select the appropriate personnel on a project-by-project basis.
  Job Descriptions:

  
  A1 (Audio Engineer): The A1 directs the setup, placement, tuning, operation, and strike of the entire audio system. The A1 is primarily used in the General Session and large Breakout Room environment.

  A2 (Audio Assist): The A2 assists the A1 with the setup and strike of the entire audio system. The A2’s responsibilities include, but are not limited to: set/strike of wireless-microphones, assembly of line arrays, running of cables and intercom systems. The A2 can be utilized in all show environments.

  Show A2: The Show A2 assists the A1 during show. The primary responsibilities include: management of wireless-microphone frequencies and interfacing with presenters. The Show A2 is recommended primarily in the General Session environment.

   AV Tech Operator: The AV Tech Operator’s responsibilities include, but are not limited to: operation of simple break-out rooms, set up and strike of LCD projectors, and set up and operation of 8-16 channel analog audio consoles, basic video switcher/scalers, static lighting consoles for basic stage wash and presenter support with basic PowerPoint editing.

  AV Tech Floater: The AV Tech Floater assumes the same responsibilities as the AV Tech Operator, but is not dedicated to one room. This position is recommended for rooms that do not require an AV Tech Operator.

  AV Tech Set/Strike: The AV Tech Set/Strike is primarily used for the setting of meeting rooms, exhibits, basic audio, lighting, and video equipment. The AV Tech Set/Strike technicians should not be utilized in specific departments, such as the A2, L2 or V2 positions. The AV Tech Set/Strike can be utilized in all show environments.

  Camera Operator: A Camera Operator’s responsibilities include, but are not limited to: build and operate all fixed broadcast/studio configured cameras, regardless of lens configuration. A Camera Operator is primarily used in the General Session and large Breakout Room environment.

  Camera Operator – Hand-Held: A Hand-Held Camera Operator works at a non-fixed position. This Camera Operator is primarily used in the General Session and large Breakout Room environment. Carpenter: A Carpenter is responsible for the set/strike of all staging, sets and props.

  Carpenters will provide all necessary tools to complete the assignment and can be utilized in all show environments. Computer Network Tech: A Computer Network Tech’s responsibilities include, but are not limited to: setting/striking and maintaining networks, servers, routers, printers and digital signage.

  The Computer Network Tech can be utilized in all show environments. Computer Tech: The Computer Technician’s responsibilities include, but are not limited to: the set/strike of basic computer systems. These technicians do NOT set up networks.

  The Computer Tech can be utilized in all show environments.

  LED Wall Tech: The LED Wall Tech assists the LED Wall Programmer with the set/strike of LED walls. The LED Wall Tech’s responsibilities include, but are not limited to: assembly/disassembly of LED walls and patching of signal and power.

  LED Wall Programmer: The LED Wall Programmer directs the setup, configuration, programming, troubleshooting and disassembly of the LED wall.

  Lighting Designer (LD): The Lighting Designer’s responsibilities include, but are not limited to: designing the plot, fixture placement, power/signal distribution and the final “Look” of the show. The LD position is primarily used in General Session; pre-production meetings with the client are highly recommended.

  L1 (Lighting Engineer): The L1 works closely with the LD and directs the set/strike of the entire lighting system. Responsibilities include, but are not limited to: directing fixture placement, assignment of dimmer patches, power/signal distribution, console programming, and final focus and operation of the lighting console. The L1 is primarily used in the General Session and large Breakout Room environment.

  ME (Master Electrician): The ME works directly with the LD/L1 with the distribution of power, assignment and patching of dimmers and lamp replacement. The ME is primarily used in the General Session environment.

  L2 (Lighting Assist): The L2 assists the L1 with the set and strike of the entire lighting system. The L2’s responsibilities include, but are not limited to: assisting the L1 with truss building, fixture placement, power/signal distribution and focusing. The L2 can be utilized in all show environments

  VTS Labor Coordinator: The VTS Labor Coordinator’s responsibilities include, but are not limited to: checking in/out
  of all VTS techs, distribution and management of the entire VTS crew. The VTS Labor Coordinator is also responsible for assisting with any additions, changes and/or cancellations throughout the entire event. The VTS Labor Coordinator is required for events with crews of 18+, or by request.

  Projectionist: The Projectionist responsibilities include, but are not limited to: placement, stacking, converging and potential blending of all projection equipment. PowerPoint Designer: The PowerPoint Designer’s responsibilities include, but are not limited to: the design and assembly of the presentation and the operation of the show. The PowerPoint Designer is primarily used in the General Session and large Breakout Room environment. PowerPoint Operator: The PowerPoint Operator’s responsibilities include, but are not limited to: set/strike and operation of the entire PowerPoint Presentation. The PowerPoint Operator is primarily used in the General Session and large Breakout Room environment.

   Project Manager: The Project Manager is an industry professional who is proficient in pre-production, operations and management of crew and gear. This person is the on-site Operations Manager and the liaison between the client and the crew. The Project Manager also interacts with venue management. The selection of a Project Manager is based on the level and difficulty of the project, i.e.: meeting-room coordinator, general-exhibit coordinator, large-exhibit-booth coordinator, or general-session-production manager. The specific roles of the Project Manager should be defined by the client, to ensure the selection of the proper individual. This position is typically supplied by the client.

  Show Director: The Show Director oversees the entire show, ensuring the harmonious integration of all departments, in addition to calling show cues. Generally, the Show Director must participate in script creation and show planning. The Show Director is used only in the General Session environment.

  Spot Operator: The Spot Operator is proficient at operating various types of spotlights and is comfortable taking cues on intercom from the Show Director.

  Truss Spot Operator: The Truss Spot Operator is a qualified spot operator that is accustomed to working with heights and for long periods of time without breaks (harness and safety equipment provided by client).

  Stagehand: The Stagehand responsibilities include, but are not limited to: assisting in general labor, such as load-in, set-up, strike and load-out. Stagehands are NOT SKILLED LABOR. The main role of the Stagehand is to assist with laborious tasks such as case pushing, cable runs, scaffold building, and heavy lifting of various pieces of equipment. The Stagehand can be utilized in all show environments.

  Digital Media/Playback Pro Operator: The Digital Media Operator responsibilities include, but are not limited to: the set up and operation of professional media playback systems, with a complete understanding of Playback Pro and other digital playback systems. The Digital Media Operator manages and executes encoding and playback cues. The Digital Media Operator also sets up and maintains all specified recordings during show, as well as labels and delivers all digital media after show. The Digital Media Operator is typically used in the General Session environment.

  Teleprompter Operator: The Teleprompter Operators are owners/operators of their own equipment – they provide primary and backup systems. The Teleprompter Operator is responsible for script preparation and editing, before and during the show, as well as the set/strike of their equipment. The Teleprompter Operator is typically used in the General Session environment.

  Technical Director: The Technical Director is a video engineer who specializes in the cueing, calling, routing and switching of the cameras. The Technical Director is primarily used in the General Session environment.

  Truck Loader: Labor for loading and unloading of trucks. Understands proper load techniques, weight distribution and securing equipment.

  V1 (Video Engineer): The V1 directs the set/strike, configuration and operation of the entire video system. The V1 is
  primarily used in the General Session and large Breakout Room environment.

  V2 (Video Assist): The V2 assists the V1, projectionist or tape op with the setup and strike of the entire video system. The V2 responsibilities include, but are not limited to: set/strike of projectors, screens, monitors, cameras, playback and record systems. The V2 can be utilized in all show environments.

  Rigger: Certified Professional capable of rigging gear from various heights. They must know weight limits, rules of rigging inside and out.

• BIDS —

  Bids are encouraged to be submitted through the Procurement Portal at https://procurement.opengov.com/portal/ccsd, no later than 2:00 pm on Tuesday, April 28, 2026.

  You may also submit a paper bid to the District. The District shall receive bids by no later than 2:00 pm on Tuesday, April 28, 2026.

  Important: Clearly mark the outside of the envelope, box, or package with the following information.

  Solicitation Number: 2026-IFB-043

  Proposals should be sent via United States Postal Service/hand delivered or courier service to:

  Procurement Services
  Attn: Josh Gadsden
  3999 Bridge View Drive
  North Charleston, SC 29405

• CONTRACT AWARDED PURSUANT TO CODE —

  Any contract resulting from this solicitation is formed pursuant to the CCSD Consolidated Procurement Code and is deemed to incorporate all applicable provisions thereof and the ensuing regulations. See also clause titled “Code of Laws Available" contained within the Instructions to Offerors.

• BID/PROPOSAL AS OFFER TO CONTRACT —

  By submitting the District a signed Bid and/or Proposal, you are offering to enter into a contract with Charleston County School District and agreeing to all terms and conditions provided herein. Your bid and/or proposal as well as the terms and conditions of this solicitation will become part of any contract created as a result of this solicitation. THEREFORE, ANY OBJECTION TO THE TERMS AND CONDITIONS CONTAINED HEREIN MUST BE ADDRESSED WITH THE DISTRICT PRIOR TO SUBMITTAL OF YOUR BID AND/OR PROPOSAL. SUCH OBJECTIONS MUST BE SUBMITTED IN WRITING AS DESCRIBED HEREIN FOR ANY INQUIRIES. 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 submitted with the Bid and/or Proposal. An Offer may be submitted by only one legal entity; the submission by joint ventures are not allowed except for construction contracting.

• CONTRACT DOCUMENTS & ORDER OF PRECEDENCE —
  1. Any contract resulting from this solicitation shall consist of the following documents: (1) the solicitation, as amended, (2) your offer, as amended, (3) any statement reflecting CCSD’s final acceptance (a/k/a “award”), and (4) purchase orders. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above.
  2. The terms and conditions of documents (1) through (4) above shall apply notwithstanding any additional or different terms and conditions in any other document, including without limitation, (i) any instrument submitted by CCSD other than a purchase order, (ii) any invoice or other document submitted by Contractor, or (iii) any privacy policy, terms of use, or end user agreement. Except as otherwise allowed by the solicitation, the terms and conditions of all such documents and any purchase orders shall be void and of no effect.
  3. No contract, license, or other agreement containing contractual terms and conditions will be signed by CCSD. Any document signed or otherwise agreed to by persons other than the Procurement Official shall be void and of no effect.
  4. The contract, as identified herein, shall constitute the entire contract between the parties, and no verbal information shall be a part hereof.  Any changes made to the contract shall be in writing and accepted by both parties.
• BID ACCEPTANCE PERIOD —

  In order to request to withdraw your Offer after the minimum period specified on the Cover Page, you must submit a written request to the Procurement Official.

• BID IN ENGLISH & DOLLARS —

  Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the solicitation.

• COOPERATIVE PURCHASING —

  COOPERATIVE PURCHASING

• BOARD AS PROCUREMENT AGENT —

  (a) Authorized Agent. All authority regarding the conduct of this procurement is vested solely with the responsible Procurement Official. Unless specifically delegated in writing, the Procurement Official is the only District official authorized to bind the District with regard to this procurement. (b) Purchasing Liability. The Procurement Official acts on behalf of Charleston County School District pursuant to the Charleston County School District Consolidated Procurement Code. Any contracts and/or purchase orders awarded as a result of this procurement are between the Vendor and the District. The Board is not a party to such purchase orders, unless and to the extent that the Board is a using District unit, and bears no liability for any party’s losses arising out of or relating in any way to the purchase order.

• DISCOUNT FOR PROMPT PAYMENT —
  1. Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the Offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, Offerors awarded contracts may include discounts for prompt payment on individual invoices.
  2. In connection with any discount offered for prompt payment, time shall be computed from the date the designated billing office receives a proper invoice, provided CCSD annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.
• DISPUTES —

  (1) Choice-of-Forum. All disputes, claims, or controversies relating to the Agreement shall be resolved exclusively as allowed by Artical 17 Legal and Contractual Remedies of the CCSD Consolidated Procurement Code.

• CERTIFICATE OF INDEPENDENT PRICE DETERMINATION —

  GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION MAY RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS AND OTHER APPLICABLE LAWS. (a) By submitting an offer, the offeror certifies that-

  (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—

  (i) Those prices;

  (ii) The intention to submit an offer; or

  (iii) The methods or factors used to calculate the prices offered.

  (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

  (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

  (b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

  (1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; or

  (2)(i) Has been authorized, in writing, to act as agent for the offeror’s principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification [As used in this subdivision (b)(2)(i), the term “principals” means the person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal];

  (ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not participated, and will not participate, in any action contrary 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 a local, 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 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 purpose of this certification, means Officials; 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 Official 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), Offeror 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 Official may render the Offeror non-responsible.

  (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 District, the Procurement Official may terminate the contract resulting from this solicitation for default.

• EQUAL OPPORTUNITY —

  Contractor is referred to and shall comply with all applicable provisions, if any, of Title 41, Part 60 of the Code of Federal Regulations, including but not limited to Sections 60-1.4, 60-4.2, 60-4.3, 60-250.5(a), and 60-741.5(a), which are hereby incorporated by reference.

• FALSE CLAIMS —

  According to the S.C. Code of Laws Section 16-13-240, “a person who by false pretense or representation obtains the signature of a person to a written instrument or obtains from another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud a person of that property is guilty” of a crime.

• CODE OF LAWS AVAILABLE —

  This contract is subject to the Charleston County School District Consolidated procurement Code which is incorporated herein by reference and is available at https://www.ccsdschools.com/divisions/finance/contracts-and-procurement

• FIXED PRICING REQUIRED —

  Any pricing provided by Contractor shall include all costs for performing the work associated with that price. Except as otherwise provided in this solicitation, Contractor’s price shall be fixed for the duration of this contract, including option terms. This clause does not prohibit Contractor from offering lower pricing after award.

• COVENANT AGAINST CONTINGENT FEES —

  The vendor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the vendor for the purpose of securing business. For breach or violation of this warranty, CCSD, shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

• DEADLINE FOR SUBMISSION OF OFFER —

  Any offer received after the Procurement Official or 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 submitted through the Procurement Portal prior to the bid opening.

• NO INDEMNITY OR DEFENSE —

  Any term or condition is void to the extent it requires CCSD to indemnify, defend, or pay attorney’s fees to anyone for any reason.

• DEFINITIONS —

  Except as otherwise provided herein, the following definitions are applicable to all parts of the solicitation. For additional definitions, see the terms and conditions below.

  1. Amendment - means a document issued to supplement the original solicitation document.
  2. Board - means the Charleston County School District Board of Trustees.
  3. Buyer - means the Procurement Official.
  4. Change Order and/or Contract Modification - means any written alteration in specification, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties of the contract.
  5. Contractor – means the Offeror receiving an award as a result of this solicitation.
  6. 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.
  7. District or CCSD - means Charleston County School District.
  8. Offer - means the bid, or proposal submitted in response to this solicitation. The terms “Bid” and “Proposal” are used interchangeably with the term “Offer.”
  9. 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.”
  10. Page Two – means the second page of the original solicitation, which is label Page Two.
  11. Procurement Official - means the person, or designee, identified as such on the Cover Page.
  12. Solicitation - means this document, including all its parts, attachments, and any Amendments.
  13. Subcontractor - means any person having a contract to perform work or render service to Contractor as a part of the Contractor’s agreement arising from this solicitation
  14. You And Your - means Offeror.
• NOTICE —

  (A) After award, any notices shall be in writing and shall be deemed duly given (1) upon actual delivery, if delivery is by hand, (2) upon receipt by the transmitting party of automated confirmation or answer back from the recipient’s device if delivery is by telex, telegram, or electronic mail, or (3) ten days after deposit into the United States mail, if postage is prepaid, a return receipt is requested, and either registered or certified mail is used. (B) Notice to Contractor shall be to the address identified as the Notice Address on Page Two. Notice to CCSD shall be to the Procurement Official’s address on the Cover Page. Either party may designate a different address for notice by giving notice in accordance with this paragraph.

• OPEN TRADE —

  During the contract term, including any renewals or extensions, Contractor will not engage 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.

• DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE —

  (“OCI FAQ for Contractors” is available at www.procurement.sc.gov)

  1. 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.
  2. 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, CCSD may withhold award. Before withholding award on these grounds, CCSD will notify you of the concerns and provide a reasonable opportunity for you to respond. CCSD may consider efforts to avoid or mitigate such concerns, including restrictions on future activities.
  3. The certification in paragraph (A) of this provision is a material representation of fact upon which CCSD will rely when considering your offer for award.
• 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.

• ORGANIZATIONAL CONFLICT OF INTEREST —
  1. The Contractor agrees to immediately advise the Procurement Official if an actual or potential organizational conflict of interest is discovered after award, and to make a full written disclosure promptly thereafter to the Procurement Official. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Procurement Official, to avoid, mitigate, or neutralize the actual or potential conflict.
  2. CCSD may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. Contractor’s failure to include an appropriate termination for convenience clause in any subcontract shall not increase the obligation of CCSD beyond what it would have been if the subcontract had contained such a clause.
  3. The disclosure required by paragraph (a) of this provision is a material obligation of the contract. If the Contractor knew or should have known of an organizational conflict of interest prior to award, or discovers an actual or potential conflict after award, and does not disclose, or misrepresents, relevant information to the Procurement Official, CCSD may terminate the contract for default.
• 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. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the District’s attention.

• PAYMENT & INTEREST —

  (a) CCSD shall pay the Contractor, after the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified herein, including the purchase order, payment shall not be made on partial deliveries accepted by the Government. (b) Unless otherwise provided herein, including the purchase order, payment will be made by electronic funds transfer (EFT). The Contractor must furnish all information requested by the District to set up EFT transactions for payments.

• ENTERING INTO CONTRACT —

  The District shall not enter into or sign any agreement, contract or other document that conflicts in any way with the District’s General Terms and Conditions and the requirements of this solicitation. Proposers should submit for review any agreement, contract or other document that the firm wishes the District to sign, through the INFORMATION FOR OFFERORS TO SUBMIT section.  Submittal of such agreement, contract or other document does not constitute an acceptance of any terms and /or conditions contained in such document.  Agreements, contracts or other documents that infringe upon the rights of the District or are not in the best interest of the District shall be determined to be non-responsive.  The rights and authority of such determination is reserved solely by the staff of the District’s Contracts & Procurement Services Department.  By Submitting a solicitation response, the proposer acknowledges that it has had the opportunity to inquire about the CCSD Consolidated Procurement Code, this solicitation and other District policy.

• PUBLICITY —

  Contractor shall not publish any comments or quotes by State employees, or include CCSD in either news releases or a published list of customers, without the prior written approval of the Procurement Official.

• 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. CCSD 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 Official at the same time the law requires the statement to be filed.

• PURCHASE ORDERS —

  Contractor shall not perform any work prior to the receipt of a purchase order from CCSD. CCSD shall order any supplies or services to be furnished under this contract by issuing a purchase order. Purchase orders may be used to elect any options available under this contract, e.g., quantity, item, delivery date, payment method, but are subject to all terms and conditions of this contract. Purchase orders may be electronic. No particular form is required. An order placed pursuant to the purchasing card provision qualifies as a purchase order.

• SURVIVAL OF OBLIGATIONS —

  The Parties’ rights and obligations which, by their nature, would continue beyond the termination, cancellation, rejection, or expiration of this contract shall survive such termination, cancellation, rejection, or expiration, including, but not limited to, the rights and obligations created by the following clauses: Indemnification - Third Party Claims, Intellectual Property Indemnification, and any provisions regarding warranty or audit.

• 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.

• NOTICES —

  All contact should be directed to Josh Gadsden, josh_gadsden@charlestoncountyschools.gov, (843) 743-2537.  No company should contact District staff directly.  All questions should be directed in writing through the Procurement Portal or to Josh Gadsden. Email josh_gadsden@charlestoncountyschools.gov. Answers to any questions submitted will be sent to all companies via solicitation amendment.

• TAXES —

  Any tax the Contractor may be required to collect or pay upon the sale, use or delivery of the products shall be paid by CCSD, and such sums shall be due and payable to the Contractor upon acceptance. Any personal property taxes levied after delivery shall be paid by CCSD. It shall be solely CCSD’s obligation, after payment to Contractor, to challenge the applicability of any tax by negotiation with, or action against, the taxing authority. Contractor agrees to refund any tax collected, which is subsequently determined not to be proper and for which a refund has been paid to Contractor by the taxing authority. In the event that the contractor fails to pay, or delays in paying, to any taxing authorities, sums paid by CCSD to Contractor, Contractor shall be liable to CCSD for any loss (such as the assessment of additional interest) caused by virtue of this failure or delay. Taxes based on Contractor’s net income or assets shall be the sole responsibility of the Contractor.

• TERMINATION DUE TO UNAVAILABILITY OF FUNDS —

  Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled. In the event of a cancellation pursuant to this paragraph, Contractor will be reimbursed the resulting unamortized, reasonably incurred, nonrecurring costs. Contractor will not be reimbursed any costs amortized beyond the initial contract term.

• OFFICE CLOSING —

  If an emergency or unanticipated event interrupts normal District processes so that offers cannot be received at the District 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 District’s processes resume. In lieu of an automatic extension, an amendment may be issued to reschedule bid opening. If District offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an amendment will be issued to reschedule the conference.

• OMIT TAXES FROM PRICE —

  Do not include any sales or use taxes in your price that the District may be required to pay. Any taxes in your bid that the district may be required pay, shall be provided as a separate line item.

• BANKRUPTCY – GOVERNMENT INFORMATION —
  1. All government information (as defined in the clause herein entitled “Information Security - Definitions”) shall belong exclusively to CCSD, and Contractor has no legal or equitable interest in, or claim to, such information. Contractor acknowledges and agrees that in the event Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, government information in its possession and/or under its control will not be considered property of its bankruptcy estate.
  2. Contractor agrees to notify CCSD within forty-eight (48) hours of any determination that it makes to file for bankruptcy protection, and Contractor further agrees to turn over to CCSD, before such filing, all government information that is in Contractor’s possession in a format that can be readily utilized by CCSD.
  3. In order to protect the integrity and availability of government information, Contractor shall take reasonable measures to evaluate and monitor the financial circumstances of any subcontractor that will process, store, transmit or access government information.
• PRICING —

  (a) Fixed Price. If a fixed price is required, award will not be made on an Offer if the total possible price to CCSD cannot be determined. (b) Price Reasonableness: Any offer may be rejected if the Procurement Official determines in writing that it is unreasonable as to price. (c) Unbalanced Pricing. CCSD 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 Official 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.

• BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) —

  Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. The disclosures are forwarded from tier to tier up to the recipient.

• 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.

• CHANGES —

  (1) Contract Modification and/or Change Order. By a written order, at any time, and without notice to any surety, the Procurement Official may, subject to all appropriate adjustments, make changes within the general scope of this contract in any one or more of the following:

  (a) drawings, designs, or specifications, if the supplies to be furnished are to be specially manufactured for CCSD in accordance therewith;

  (b) method of shipment or packing;

  (c) place of delivery;

  (d) description of services to be performed;

  (e) time of performance (i.e., hours of the day, days of

  the week, etc.); or,

  (f) place of performance of the services.

  Subparagraphs (a) to (c) apply only if supplies are furnished under this contract. Subparagraphs (d) to (f) apply only if services are performed under this contract.

  (2) Adjustments of Price or Time for Performance. If any such change increases or decreases the contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, an adjustment shall be made in the contract price, the delivery schedule, or both, and the contract modified in writing accordingly. Failure of the parties to agree to an adjustment shall not excuse the Contractor from proceeding with the contract as changed, provided that CCSD promptly and duly make such provisional adjustments in payment or time for performance as may be reasonable. By proceeding with the work, the contractor shall not be deemed to have prejudiced any claim for additional compensation, or an extension of time for completion.

  (3) Time Period for Claim. Within 30 days after receipt of a written contract modification under Paragraph (1) of this clause, unless such period is extended by the Procurement Official in writing, the Contractor shall file notice of intent to assert a claim for an adjustment. Later notification shall not bar the Contractor's claim unless CCSD is prejudiced by the delay in notification.

  (4) Claim Barred After Final Payment. No claim by the Contractor for an adjustment hereunder shall be allowed if notice is not given prior to final payment under this contract.

• CISG —

  The parties expressly agree that the UN Convention on the International Sale of Goods shall not apply to this agreement.

• PROPOSER’S QUALIFICATIONS —

  Bids shall be considered only from bidders whose bids are deemed responsive and who are regularly established in the business called for
  and who in the judgment of the District are financially and otherwise responsible and able to show evidence of their reliability, ability, and
  experience, and who are able to render good faith performance and prompt and satisfactory service in the volume called for under this
  contract.

• PROTESTS —

  (a) If you are aggrieved in connection with the solicitation or award of the contract, you may be entitled to protest pursuant to Section
  4210 of the Charleston County School District Consolidated Procurement Code which is available at
  https://resources.finalsite.net/images/v1721239491/ccsdschoolscom/h4hyrbxco7qdkh4vghhz/Final2021ModelSchoolDistrictProcurement
  CodeRM.pdf

• 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 —

  Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to ED and the Regional Office of the Environmental Protection Agency (EPA).

• PROHIBITED COMMUNICATIONS —

  Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of law.

  1. During the period between publication of the solicitation and final award, you must not communicate, directly or indirectly, with CCSD or its employees, agents or officials regarding any aspect of this procurement activity, unless otherwise approved in writing by the Procurement Official. All communications must be solely with the Procurement Official identified herein.
• COMPLIANCE WITH LAWS —

  During the term of the Contract, Contractor shall comply with all applicable provisions of laws, codes, ordinances, rules, regulations, and tariffs.

• PUBLIC OPENING —

  Offers will be publicly opened at the date/time on the Timeline, or as modified by amendment, whichever is applicable.

• QUESTIONS FROM OFFERORS —
  1. Any prospective Offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. The Procurement Official must receive questions no later than five (5) days prior to opening unless otherwise stated on the Timeline. 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.
  2. The District seeks to permit maximum practicable competition. Offerors are urged to advise the Procurement Official, 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.

  QUESTIONS FROM OFFERORS - FORM OF AMENDMENT

  FORM OF AMENDMENTS MAY READ AS FOLLOWS:

  THE SOLICITATION IS AMENDED AS PROVIDED HEREIN. INFORMATION OR CHANGES RESULTING FROM QUESTIONS WILL BE SHOWN IN A QUESTION-AND-ANSWER FORMAT. ALL QUESTIONS RECEIVED HAVE BEEN REPRINTED BELOW. THE CCSD'S RESPONSE” SHOULD BE READ WITHOUT REFERENCE TO THE QUESTIONS. THE QUESTIONS ARE INCLUDED SOLELY TO PROVIDE A CROSS-REFERENCE TO THE POTENTIAL OFFEROR THAT SUBMITTED THE QUESTION. QUESTIONS DO NOT FORM A PART OF THE CONTRACT; CCSD’s RESPONSE” DOES. ANY RESTATEMENT OF PART OR ALL OF AN EXISTING PROVISION OF THE SOLICITATION IN AN ANSWER DOES NOT MODIFY THE ORIGINAL PROVISION EXCEPT AS FOLLOWS: UNDERLINED TEXT IS ADDED TO THE ORIGINAL PROVISON. STRICKEN TEXT IS DELETED.

• CONTRACT ADMINISTRATION —

  Questions or problems arising after award of this solicitation shall be directed to the Procurement Official at 3999 Bridge View Drive, North Charleston, SC 29405.

• CONTRACT AMENDMENTS, MODIFICATIONS AND CHANGE ORDERS —

  Any change orders, alterations, post award amendments or other modifications hereunder shall not be effective unless in writing and approved and signed by the District and the Vendor.

• REJECTION/CANCELLATION —

  The District may cancel this solicitation in whole or in part. The District may reject any or all proposals in whole or in part.

• CONTRACT LIMITATIONS —

  No sales may be made pursuant to this contract for any item or service that is not expressly listed. No sales may be made pursuant to this contract after expiration of this contract. Violation of this provision may result in termination of this contract and may subject contractor to suspension or debarment.

• RESPONSIVENESS —

  (a) Award will not be made on a nonresponsive offer. An offer is responsive if it conforms in all material aspects to the invitation for bids or request for proposal (b) Bid as Specified. Offers for supplies or services other than those specified will not be considered unless authorized by the Solicitation.

• CONTRACT VIOLATION —

  Vendors who violate this contract will be considered in breach and subject to cancellation for cause.  Vendors may be suspended or debarred from doing business with the District.  Examples of vendor violations include, but are not limited to:

  • Vendor adding items to the contract without approval
  • Vendor increasing contract price without approval
  • Misrepresentation of the contract to any District entity
• 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 venture for construction contracts only 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 it is and has been signed by an Agent. Upon request, Offeror must provide proof of the agent’s authorization to bind the principal. (f) If the Offeror is a limited liability company, the Offer must be submitted in the name of the LLC, followed
  by the signature of a member authorized to sign.

• STATEMENT OF COMPLIANCE AND ASSURANCES —

  By submitting a bid and signing the bid schedule, vendors are providing written assurance of non-collusion and understanding and acceptance of all general and special conditions stated in this contract.  It will be assumed that the service or materials you propose to provide conform(s) with all the provisions of the indicated specifications, unless you specifically note otherwise. In addition, this signature certifies that the firm or agency represented in the bid submitted complies with all applicable federal, state, and local laws and regulations.

• CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327–333) —

  Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers must include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR Part 5). Under Section 102 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 11/2times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles Ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

• DISCLOSURE OF YOUR BID / PROPOSAL & SUBMITTING CONFIDENTIAL DATA —
  1. According to Section 410 of the CCSD Consolidated Procurement Code, 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 HEREIN, CCSD MAY, IN ITS SOLE DISCRETION, DETERMINE YOUR BID OR PROPOSAL NONRESPONSIVE AND INELIGIBLE FOR AWARD.
  2. 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.
  3. 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.
  4. 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 Official 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, CCSD may, in its sole discretion, determine it nonresponsive.
  5. 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 South Carolina Freedom of Information Act, or (2) privileged and confidential, as that phrase is used in Section 410 of the CCSD Consolidated Procurement Code. 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 SC Code Ann. 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 410 of the CCSD Consolidated Procurement Code. All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text.
  6. In determining whether to release documents, CCSD 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 CCSD, its Board, 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 CCSD or any of its agents, that you have redacted or marked as “Confidential” or “Trade Secret” or “Protected.” (All references to S.C. Code of Laws.)
• CONTRACTOR’S OBLIGATION – GENERAL —

  The Contractor will be considered the sole point of contact with regard to all situations, including payment of all charges and the meeting of all other requirements.

• SUBMITTING A PAPER OFFER OR MODIFICATION —

  Unless specifically instructed otherwise in the solicitation, you should submit your offer or modification through the Procurement Portal at https://procurement.opengov.com/portal/ccsd. 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.

• CONTRACTOR PERSONNEL —

  The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

• CONTRACTOR’S USE OF STATE PROPERTY —

  Upon termination of the contract for any reason, CCSD shall have the right, upon demand, to obtain access to, and possession of, all CCSD properties, including, but not limited to, current copies of all CCSD application programs and necessary documentation, all data, files, intermediate materials and supplies held by the contractor. Contractor shall not use, reproduce, distribute, display, or sell any data, material, or documentation owned exclusively by CCSD without CCSD’s written consent, except to the extent necessary to carry out the work.

• WITHDRAWAL OR CORRECTION OF OFFER —

  Offers may be withdrawn by written notice received at any time before the exact time set for opening. If submitting electronically, offers may be withdrawn through the Procurement Portal, up until the Bid Submission Deadline. 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.

• CONTRACTOR SOLELY RESPONSIBLE FOR PERFORMANCE —

  The District will rely upon the Contractor for full, complete, and satisfactory performance under the terms and conditions of this agreement.

  IThe Ccontractor shall provide and pay for all materials, tools, equipment, labor and professional and non-professional services, and shall
  perform all other acts and supply all other things necessary, to fully and properly perform and complete the work. The Contractor must act as the prime contractor and assume full responsibility for any subcontractor’s performance.  The Contractor will be considered the sole point of contact with regard to all situations, including payment of all charges and the meeting of all other requirements.

• PRE-BID CONFERENCE —

  No Pre-Bid Conference or Site Visit is scheduled.

• PRE-BID CONFERENCE —

  A NO VALUE Pre-Bid Conference will be held at NO VALUE on NO VALUE at NO VALUE.

• COPELAND "ANTI-KICKBACK" ACT (18 U.S.C. 874 and 40 U.S.C. 276c) —

  All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients must include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR Part 3—Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.

• DISCUSSION WITH BIDDERS —

  After opening, discussions may be conducted with apparent responsive bidders for the purpose of clarification to assure full understanding of the requirements of the invitation for bids. All bids, in the Procurement Official’s sole judgment, needing clarification must be accorded that opportunity.

• DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 276a to a-7) —

  When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR Part 5—Labor Standards Provisions.

  Applicable to Contracts Governing Federally Financed and Assisted Construction). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency.

• PROTEST —

  Any protest must be addressed to the Chief Procurement Officer and submitted in writing by post or delivery to 3999 Bridge View Drive, North Charleston, SC  29405.

• DEBARMENT AND SUSPENSION (E.O. 12549 and E.O. 12689) —

  No contract may be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O 12549 and E.O. 12689—Debarment and Suspension. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold must provide the required Certification regarding its exclusion status and that of its principal employees.

• DEFAULT —

  CCSD may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any material contract terms and conditions, or fails to provide CCSD, upon request, with adequate assurances of future performance. In the event of termination for cause, CCSD shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to CCSD for any and all rights and remedies provided by law. If it is determined that CCSD improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

• PREFERENCES - A NOTICE TO VENDORS —

  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 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.

• PREFERENCES - SC/ US END-PRODUCT —

  Section 11-35-1524 provides a preference to vendors offering South Carolina end-products or US end- products, if those products are made, manufactured, or grown in SC or the US, respectively. An end-product is the tangible project identified for acquisition in this solicitation, including all component parts in final form and ready for the use intended. The terms “made,” “manufactured,” and “grown” are defined by Section 11-35-1524(A). By signing your offer and checking the appropriate space(s) provided and identified on the bid schedule, you certify that the end-product(s) is either made, manufactured or grown in South Carolina, or other states of the United States, as applicable. Preference will be applied as required by law. Post award substitutions are prohibited. See “Substitutions Prohibited - End Product Preferences.

• ESTIMATED QUANTITY -- PURCHASES FROM OTHER SOURCES —

  CCSD may bid separately any unusual requirements or large quantities of supplies covered by this contract.

• ESTIMATED QUANTITY -- UNKNOWN —

  The total quantity of purchases of any individual item on the contract is not known.  CCSD does not guarantee that the CCSD will buy any specified item or total amount.  The omission of an estimated purchase quantity does not indicate a lack of need but rather a lack of historical information.

• PREFERENCES - RESIDENT VENDOR PREFERENCE —

  To qualify for the RVP, you must maintain an office in this state. An office is a nonmobile place for the regular transaction of business or performance of a particular service which has been operated as such by the bidder for at least one year before the bid opening and during that year the place has been staffed for at least fifty weeks by at least two employees for at least thirty five hours a week each. In addition, you must either: (1) maintain at a location in South Carolina at the time of the bid an inventory of expendable items which are representative of the general type of commodities for which the award will be made and which have a minimum total value, based on the bid price, equal to the lesser of fifty thousand dollars [$50,000] or the annual amount of the contract; or (2) be a manufacturer headquartered and having an annual payroll of at least one million dollars in South Carolina and the end product being sold is either made or processed from raw materials into a finished end product by that manufacturer or its affiliate (as defined in Section 1563 of the Internal Revenue Code).

• EQUAL EMPLOYMENT OPPORTUNITY —

  All contracts must contain a provision requiring compliance with E.O. 11246—Equal Employment Opportunity, as amended by E.O. 11375-Amending Executive Order 11246 Relating to Equal Employment Opportunity, and as supplemented by regulations at 41 CFR Part 60-Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor

• PREFERENCES - RESIDENT CONTRACTOR PREFERENCE —

  To qualify for the RCP, you must maintain an office in this state. An office is a nonmobile place for the regular transaction of business or performance of a particular service which has been operated as such by the bidder for at least one year before the bid opening and during that year the place has been staffed for at least fifty weeks by at least two employees for at least thirty five hours a week each. In addition, you must, at the time you submit your bid, directly employ, or have a documented commitment with, individuals domiciled in South Carolina that will perform services expressly required by the solicitation and your total direct labor cost for those individuals to provide those services must exceed fifty percent of your total bid price. [11-35-1524(C)(1)(iii)] Upon request by the procurement officer, you must identify the persons domiciled in South Carolina that will perform the services involved in the procurement upon which you rely in qualifying for the preference, the services those individuals are to perform, and documentation of the your labor cost for each person identified. If requested, your failure to provide this information promptly will be grounds to deny the preference (and, potentially, for other enforcement action).

• FALSE CLAIMS —

  According to the S.C. Code of Laws Section 16-13-240, "a person who by false pretense or representation obtains the signature of a person to a written instrument or obtains from another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud a person of that property is guilty" of a crime.

• PREFERENCES - RESIDENT SUBCONTRACTOR PREFERENCE (SEP 2009) —

  To qualify for this preference, You must meet the following requirements. (1) You must -- at the time you submit your bid -- have a documented commitment from a single proposed first tier subcontractor to perform some portion of the services expressly required by the solicitation. (2) The subcontractor -- at the time you submit your bid -- must directly employ, or have a documented commitment with, individuals domiciled in South Carolina that will perform services expressly required by the solicitation and the total direct labor cost to the subcontractor for those individuals to provide those services exceeds, as applicable, either twenty percent for a 2% preference or forty percent of bidder’s total bid price for a 4% preference. (3) You must identify the subcontractor that will perform the work, the work the subcontractor is to perform, and your factual basis for concluding that the subcontractor’s work constitutes the required percentage of the work to be performed in the procurement. [11-35-1524(D)] You can stack this preference, i.e., earn another 2% or 4% preference for each additional qualifying subcontractor, but the preference is capped. [11-35-1524(D)(4), (E)(7)] Upon request by the procurement officer, you must identify the persons domiciled in South Carolina that are to perform the services involved in the procurement upon which you rely in qualifying for the preference, the services those individuals are to perform, the employer of those persons, your relationship with the employer, and documentation of the subcontractor’s labor cost for each person identified. If requested, your failure to provide this information promptly will be grounds to deny the preference (and, potentially, for other enforcement action). YOU WILL NOT RECEIVE THE PREFERENCE UNLESS YOU SPECIFY WHETHER YOUR ARE CLAIMING THE 2% OR 4% PREFERENCE AND YOU PROVIDE THE INFORMATION REQUIRED BY ITEM (3) ABOVE.

• RESPONSIVENESS – CORRECTION OF NON-CONFORMITY —

  Offerors will not be given an opportunity to correct any material nonconformity. Any deficiency resulting from a minor informality may be cured or waived at the sole discretion of the Procurement Officer.

• FORCE MAJEURE —

  The vendor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the vendor. Such causes may include, but are not restricted to acts of God or of the public enemy, acts of the government in either its sovereign or contract capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather but in every case the failure to perform must be beyond the control and without the fault or negligence of the vendor. If the failure to perform is caused by default of a sub vendor, and if such default arises out of causes beyond the control of both the vendor and sub vendor, and without the fault or negligence of either of them, the vendor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the sub vendor were obtainable from other sources in sufficient time to permit the vendor to meet required delivery schedule.

• GUARANTEE —

  The vendor shall supply a guarantee for all workmanship for the equipment he/she is furnishing for a period comparable to the standards in the industry or as otherwise expressly required by this solicitation.  When defects or faulty materials are discovered during the guarantee period, the vendor shall, immediately, upon notification by the District, process at his/her own expense, to repair or replace the same.

• ILLEGAL IMMIGRATION —

  (An overview is available at www.procurement.sc.gov) By signing your offer, you certify that you will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agree to provide to CCSD upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable to you and your subcontractors or sub-subcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, “A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.” You agree to include in any contracts with your subcontractors language requiring your subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14.

• INDEMNIFICATION —
  1. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Charleston County School District, its agents, Board, officers and/or officials, employees and volunteers (hereinafter, the “Indemnitees”) from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.  Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnify which would otherwise exist as to a party or person described herein.
  2. In claims against any person or entity indemnified herein by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation herein shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.  Further, any performance bond or insurance protection required by the contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and hold harmless and defend the Indemnitees as herein provided. 
  3. The Contractor’s indemnity obligations shall also specifically include, without limitation, all fines, penalties, damages, liability, costs, expenses (including, without limitation, reasonable attorneys’ fees and court costs), and punitive damages (if any) arising out of, or in connection with, and (1) violation of or failure to comply with any law, statute, ordinance, rule, regulation, code or requirement of a public authority that bears upon the performance of this contract by the Contractor, a Subcontractor, or any person or entity for whom either is responsible, (2) means, methods, procedures, techniques or sequences or execution or performance of the services required (3) failure to secure and pay for permits, fees, approvals, and/or licenses related to performance of the contract by the Contractor, a Subcontractor or any person or entity for whom either is responsible and (4) any claims made by a subcontractor, a sub-subcontractor, material supplier or other party related to any claims related to nonpayment of that entity, including, but not limited to claims for quantum meruit and/or unjust enrichment or any claims under a labor and material payment bond.
  4. The Contractor shall indemnify and hold harmless all of the Indemnitees from and against any costs and expenses (including reasonable attorneys’ fees, dispute resolution, and/or court costs) incurred by any of the Indemnitees in enforcing any of the Contractor’s defense, indemnity and hold-harmless obligations under this contract.
  5. The Contractor shall further indemnify and hold harmless the Indemnitees from all suits or claims of any character brought by reason of infringing on any patent, trademark or copyright.  Contractor shall have no liability to the Indemnities if such patent, trademark or copyright infringement or claim is based upon the Contractor’s use of materials furnished to the Contractor by an Indemnitee.
• INDEMNIFICATION - THIRD PARTY CLAIMS – DISCLOSURE OF INFORMATION —
  1. Without limitation, Contractor shall defend and hold harmless Indemnitees from and against any and all suits, claims, investigations, or fines (hereinafter “action”) of any character (and all related damages, settlement payments, attorneys’ fees, costs, expenses, losses or liabilities) by a third party which arise out of or in connection with a disclosure of government information (as defined in the clause titled Information Security - Definitions) caused in whole or in part by any act or omission of Contractor, its subcontractors at any tier, their employees, workmen, servants, agents, or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by an Indemnitee, and whether or not such action is brought by a third party or an Indemnitee, but only if the act or omission constituted a failure to perform some obligation imposed by the contract or the law.
  2. Indemnitee must notify Contractor in writing within a reasonable period after Indemnitee first receives written notice of any action. Indemnitee’s failure to provide or delay in providing such notice will relieve contractor of its obligations under this clause only if and to the extent that such delay or failure materially prejudices contractors ability to defend such action. Indemnitee must reasonably cooperate with Contractor’s defense of such actions (such cooperation does not require and is without waiver of an Indemnitees attorney/client, work product, or other privilege) and, subject to Title 1, Chapter 7 of the South Carolina Code of Laws, allow Contractor sole control of the defense, so long as the defense is diligently and capably prosecuted. Indemnitee may participate in contractor’s defense of any action at its own expense. Contractor may not, without Indemnitee’s prior written consent, settle, compromise, or consent to the entry of any judgment in any such commenced or threatened action unless such settlement, compromise or consent (i) includes an unconditional release of Indemnitee from all liability related to such commenced or threatened action, and (ii) is solely monetary in nature and does not include a statement as to, or an admission of fault, culpability or failure to act by or on behalf of, an Indemnitee or otherwise adversely affect an Indemnitee. Indemnitee’s consent is necessary for any settlement that requires Indemnitee to part with any right or make any payment or subjects Indemnitee to any injunction.
  3. Notwithstanding any other provision, contractor’s obligations pursuant to this clause are without any limitation whatsoever. Contractor’s obligations under this clause shall survive the termination, cancellation, rejection, or expiration of the contract. This provision shall be construed fairly and reasonably, neither strongly for nor against either party, and without regard to any clause regarding insurance.
  4. “Indemnitee” means CCSD, its instrumentalities, agencies, departments, boards, political subdivisions and all their respective officers, agents and employees.
• INDEMNIFICATION - INTELLECTUAL PROPERTY —

  (a) Without limitation and notwithstanding any provision in this agreement, Contractor shall, upon receipt of notification, defend and indemnify CCSD, its instrumentalities, agencies, departments, boards, political subdivisions and all their respective officers, agents and employees against all actions, proceedings or claims of any nature (and all damages, settlement payments, attorneys’ fees (including inside counsel), costs, expenses, losses or liabilities attributable thereto) by any third party asserting or involving an IP right related to an acquired item. CCSD shall allow Contractor to defend such claim so long as the defense is diligently and capably prosecuted. CCSD shall allow Contractor to settle such claim so long as (i) all settlement payments are made by Contractor, and (ii) the settlement imposes no non-monetary obligation upon CCSD. CCSD shall reasonably cooperate with Contractor’s defense of such claim. (b) In the event an injunction or order shall be obtained against CCSD’s use of any acquired item, or if in Contractor’s opinion, the acquired item is likely to become the subject of a claim of infringement or violation of an IP right, Contractor shall, without in any way limiting the foregoing, and at its expense, either: (1) procure for CCSD the right to continue to use, or have used, the acquired item, or (2) replace or modify the acquired item so that it becomes non-infringing but only if the modification or replacement does not adversely affect the specifications for the acquired item or its use by CCSD. If neither (1) nor (2), above, is practical, CCSD may require that Contractor remove the acquired item from CCSD, refund to CCSD any charges paid by CCSD therefor, and take all steps necessary to have CCSD released from any further liability. (c) Contractors obligations under this paragraph do not apply to a claim to the extent (i) that the claim is caused by Contractor’s compliance with specifications furnished by CCSD unless Contractor knew its compliance with CCSD’s specifications would infringe an IP right, or (ii) that the claim is caused by Contractor’s compliance with specifications furnished by CCSD if CCSD knowingly relied on a third party’s IP right to develop the specifications provided to Contractor and failed to identify such product to Contractor. (d) As used in this paragraph, these terms are defined as follows: “IP right(s)” means a patent, copyright, trademark, trade secret, or any other proprietary right. “Acquired item(s)” means the rights, goods, or services furnished under this agreement. “Specification(s)” means a detailed, exact statement of particulars such as a statement prescribing materials, dimensions, and quality of work. (e) Contractor’s obligations under this clause shall survive the termination, cancellation, rejection, or expiration of this Agreement.

• INSURANCE —

  CONTRACTOR’S LIABILITY INSURANCE - GENERAL (a) Without limiting any of the obligations or liabilities of Contractor, Contractor shall procure from a company or companies lawfully authorized to do business in South Carolina and with a current A.M. Best rating of no less than A: VII, and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work and the results of that work by the contractor, his agents, representatives, employees or subcontractors. (b) Coverage shall be at least as broad as: (1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the general aggregate limit shall be twice the required occurrence limit. This contract shall be considered to be an “insured contract” as defined in the policy. (2) Auto Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage. (3) Worker’s Compensation: As required by the State of South Carolina, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (c) CCSD, and the officers, officials, employees and volunteers of any of them, must be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. (d) For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects CCSD, and the officers, officials, employees and volunteers of any of them. Any insurance or self-insurance maintained by CCSD, or the officers, officials, employees and volunteers of any of them, shall be excess of the Contractor’s insurance and shall not contribute with it. (e) Prior to commencement of the work, the Contractor shall furnish CCSD with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this section. All certificates are to be received and approved by CCSD before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. CCSD reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this section, at any time. (f) Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. In addition, the Contractor shall notify CCSD immediately upon receiving any information that any of the coverages required by this section are or will be changed, cancelled, or replaced. (g) Contractor hereby grants to CCSD a waiver of any right to subrogation which any insurer of said Contractor may acquire against CCSD by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CCSD has received a waiver of subrogation endorsement from the insurer. (h) Any deductibles or self-insured retentions must be declared to and approved by CCSD. CCSD may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. (i) CCSD reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. In no event shall any failure of CCSD to receive certified copies or certificates of policies required herein or to demand receipt of such certified copies or certificates prior to the Contractor’s commencing the Work be construed as a waiver by CCSD of the Contractor’s obligations to obtain insurance as required herein. The obligation to procure and maintain any insurance required by this solicitation and/or resulting agreement is a separate responsibility of the Contractor and independent of the duty to furnish a certified copy of certificate of such insurance policies, or evidence of the modification, cancellation or expiration of any of the policies.

• LATENT DEFECTS —

  Contractor warrants that upon notification by the District of a latent defect in design, material or workmanship, or a latent nonconformity of the services, material, or equipment to the specifications, which would have constituted a basis for rejection if discovered prior to acceptance, it will repair or replace or otherwise correct the defect to the level of performance specified in this solicitation.

• LIENS AND ENCUMBRANCES —

  The Contractor shall satisfy immediately any lien or encumbrance which, because of any act or default of the Contractor, is filed against the District.  Mechanic’s liens may not be filed against CCSD property in South Carolina.

• NO INDEMNITY OR DEFENSE —

  Any term or condition is void to the extent it requires CCSD to indemnify, defend, or pay attorney's fees to anyone for any reason.

• NON INTERFERENCE —

  In the event Contractor is unable for any reason to provide any material, services, supplies, products or other items of any type or variety to the District under this agreement, including but not limited to any such materials, services, supplies, etc. available from any other party (such as subcontractors) supplying said materials, services, etc. to Contractor, the District will have the right to deal directly with the other supplier without penalty or interference from Contractor.

• ORDER OF PRECEDENCE —

  In the event of inconsistency between provisions of this solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) bid pricing schedule, (b) bid specifications, (c) standard solicitation provisions/general contract clauses, whether incorporated by reference or otherwise, (d) special solicitation provisions/special purchase order clauses and (e) instructions to bidders.

• OTHER WRITTEN BASIS FOR PROPOSAL/BID —

  If any of the Offeror’s proposal and/or bid has, as its basis, written statements (other than the solicitation) provided to him by the District (such as notification of a change in the specifications), the Offeror is to identify and include those statements in his proposal/bid at the place or places applicable.

• PACKAGING AND DELIVERY —

  All shipments will be FOB destination, freight prepaid, to the purchase order “ship to” location.  The purchase order number should be clearly stated on freight tickets.  The parties agree hereto that delivery by the vendor to the common carrier does not constitute delivery to the district.  Any claims for loss or damage should be between the vendor and the carriers.

• PAYMENT —
  1. CCSD shall pay the Contractor,  within thirty (30) days, after the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified herein, including the purchase order, payment shall not be made on partial deliveries accepted by CCSD.   
  2. Unless otherwise provided herein, including the purchase order, payment will be made by electronic funds transfer (EFT).  The Contractor must furnish all information requested by the District to set up EFT transactions for payments.
  3. Notwithstanding any other provision, payment shall be made in accordance with S.C. Code Section 11-35-45, or Chapter 6 of Title 29 (real property improvements) when applicable, which provides the Contractor's exclusive means of recovering any type of interest from the Owner. Contractor waives imposition of an interest penalty unless the invoice submitted specifies that the late penalty is applicable. Except as set forth in this paragraph, CCSD shall not be liable for the payment of interest on any debt or claim arising out of or related to this contract for any reason.
  4. Amounts due to CCSD shall bear interest at the rate of interest established by the South Carolina Comptroller General pursuant to Section 11-35-45 ("an amount not to exceed fifteen percent each year"), as amended, unless otherwise required by Section 29-6-30.
  5. Any other basis for interest, including but not limited to general (pre- and post-judgment) or specific interest statutes, including S.C. Code Ann. Section 34-31-20, are expressly waived by both parties. If a court, despite this agreement and waiver, requires that interest be paid on any debt by either party other than as provided by items (c) and (d) above, the parties further agree that the applicable interest rate for any given calendar year shall be the lowest prime rate as listed in the first edition of the Wall Street Journal published for each year, applied as simple interest without compounding.
  6. CCSD shall have all of its common law, equitable and statutory rights of set-off.
• PERFORMANCE AUDITS —

  The District may conduct, or have conducted, performance audits of the vendor. The District may conduct, or have conducted, audits of specific requirements of this solicitation as determined necessary by the District.

  Pertaining to all audits, vendor shall make available to the District access to its computer files containing the history of contract performance and all other documents related to the audit. Additionally, any software used by the vendor shall be made available for auditing purposes at no cost to the District.

• PRICES —

  Prices under this contract are either "firm fixed" or “not to exceed” prices. District is not authorized to pay more than the stated price. Contractors may offer, and District may accept prices below those listed on the contract. Submission of the bid schedule certifies that the bid is accurate and binding and that all costs are shown and accurately reflects the total cost. All prices shall be stated in United States currency.

• PRICE ADJUSTMENTS —
  1. Method of Adjustment. Any adjustment in the contract price made pursuant to a clause in this contract shall be consistent with this Contract and shall be arrived at through whichever one of the following ways is the most valid approximation of the actual cost to the Contractor (including profit, if otherwise allowed):
     1. by agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable;
     2. by unit prices specified in the Contract or subsequently agreed upon;
     3. by the costs attributable to the event or situation covered by the relevant clause, including profit if otherwise allowed, all as specified in the Contract; or subsequently agreed upon;
     4. in such other manner as the parties may mutually agree.
  2. Submission of Price or Cost Data. Upon request of the Procurement Official, the Contractor shall provide reasonably available factual information to substantiate that the price or cost offered, for any price adjustments is reasonable, consistent with the provisions of Section 1830 of the CCSD Consolidated Procurement Code.
• PRICE ADJUSTMENT - LIMITED -- AFTER INITIAL TERM ONLY —

  Upon approval of the Procurement Official, prices may be adjusted for any renewal term. Prices shall not be increased during the initial term. Any request for a price increase must be received by the Procurement Official at least ninety (90) days prior to the expiration of the applicable term and must be accompanied by sufficient documentation to justify the increase. If approved, a price increase becomes effective starting with the term beginning after approval. A price increase must be executed as a change order. Contractor may terminate this contract at the end of the then current term if a price increase request is denied. Notice of termination pursuant to this paragraph must be received by the Procurement Official no later than fifteen (15) days after the Procurement Official sends Contractor notice rejecting the requested price increase.

• PRICE ADJUSTMENTS – LIMITED BY CPI “ALL ITEMS” —

  Upon request and adequate justification, the Procurement Official may grant a price increase up to, but not to exceed, the unadjusted percent change for the most recent 12 months for which data is available, that is not subject to revision, in the Consumer Price Index (CPI) for all urban consumers (CPI-U), “all items” for services, as determined by the Procurement Official. The Bureau of Labor and Statistics publishes this information on the web at www.bls.gov

• PRICE CERTIFICATION —

  I hereby certify that the price included in the proposal/bid is accurate and binding and that all costs are shown and accurately reflect my total proposal cost.

• PROHIBITION AGAINST CONFLICTS OF INTERESTS, GRATUITIES AND KICKBACKS —

  “an employee or any official of the School district, elective or appointive, who shall take, receive or offer to take or receive either directly, any rebate, percentage of contract, money or other things of value, as an inducement or intended inducement, in the Procurement of business, or the giving of business, for or to, or from any person, partnership, firm or corporation, offering bidding for, or in open market seeking to make sales to the School District shall be deemed guilty of a felony and upon conviction such person or persons shall be subject to punishment or fine in accord with state and/or federal laws.

• PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT —

  The District requires all vendor activities to be in compliance with local, state, and federal mandates concerning “protection of human health and the environment”. Any vendor doing business with the District will be required to document compliance and to specify prudent practices used by the vendor to address applicable mandates including, but not restricted to “the hazard communication standard” OSHA CFR 191 0.1200 (SCRR article 1,71-1910.1200). By submission of this bid, the vendor agrees to take all necessary steps to ensure compliance with these requirements.

• PURCHASE ORDER —

  A purchase order may be enclosed with or issued pursuant to this contract, and will be an integral part of the resulting contract. The purchase order indicates that sufficient funds have been obligated in accordance with the budget of the District and assures distribution of the necessary receiving reports. The purchase order does not supersede any provisions of the resulting contract. Performance time and dates are determined solely by the contract and any modification thereto.

• PURCHASING CARD —

  Contractor agrees to accept payment by the Purchasing Card for no extra charge. The Purchasing Card is issued by Visa. The purchasing card allows the District to make authorized purchases from a vendor without the requirement to issue a purchase order.

• PUBLICITY RELEASES —

  Vendor agrees not to refer to award of this contract in commercial advertising in such a manner as to state or imply that the products or services provided are endorsed or preferred by the user.

• QUALITY OF PRODUCT —

  Unless otherwise indicated in this bid it is understood and agreed that any item offered or shipped on this bid shall be new and in first class condition, that all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging. For information technology procurements as defined in Provision I., of the Charleston County School District Procurement Code, if items that are other than new (i.e. remanufactured or refurbished) are desired to be bid, the bidder must obtain written permission to bid such items at least 5 days in advance of bid opening from the person to whom inquiries are to be directed as listed on the front page of the invitation for bid.

• REJECTION —

  The District reserves the right to reject any bid/proposal that contains prices for individual items or services that are unreasonable when compared to the same or other bids if such action is in the best interest of the District.

• RELATIONSHIP OF THE PARTIES —

  Neither party is an employee, agent, partner, or joint venturer of the other. Neither party has the right or ability to bind the other to any agreement with a third party or to incur any obligation or liability on behalf of the other party.

• RESTRICTIONS/LIMITATIONS —

  No purchases are to be made from this contract for any item that is not listed or for any item that is currently authorized under any other purchase order awarded prior to this contract.

• RECORDS RETENTION AND RIGHT TO AUDIT —

  Charleston County School District has the right to audit the books and records of the vendor as they pertain to this solicitation/contract, both independent of, and pursuant to, the CCSD Consolidated Procurement Code. Such books and records shall be maintained for a period of three (3) years from the date of final payment under the purchase order.

• SEVERABILITY —

  In the event any provision of this solicitation or the Agreement resulting from this solicitation is held to be invalid or unenforceable, the remaining provisions will remain in full force.

• SHIPPING / RISK OF LOSS —

  F.O.B. Destination. Destination is the shipping dock of CCSD's designated receiving site, or other location, as specified herein.

• SOUTH CAROLINA GOVERNING LAW CLAUSE —

  The agreement and any dispute, claim, or controversy relating to the agreement shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of South Carolina. All disputes, claims, or controversies relating to the agreement shall be resolved exclusively in accordance with the CCSD Consolidated Procurement Code. Vendor agrees that any act by the government regarding the agreement is not a waiver of either CCSD's sovereign immunity. As used in this paragraph, the term “agreement" means any transaction or agreement arising out of, relating to, or contemplated by the solicitation.

• SUBCONTRACTOR IDENTIFICATION —

  If you intend to subcontract with another business for any portion of the work and that portion exceeds 10% of your price, your offer must identify that business and the portion of work that they are to perform.  Identify potential Subcontractors by providing the business’ name, address, phone, taxpayer identification number, point of contact, and Contractor's license number and issuing state, if applicable. In determining your responsibility, CCSD may evaluate your proposed Subcontractors.

• SUBCONTRACTING; ASSIGNMENT —

  The Contractor may not subcontract any portion of the services provided under this contract without obtaining the prior written approval of the District as required elsewhere herein, nor may the Contractor assign the contract or any of its rights or obligations hereunder, without prior written approval of the District. Any such subcontract or assignment shall include the Terms and Conditions of this contract and any other terms and conditions that the District deems necessary to protect its interests. The District shall not be responsible for the fulfillment of the Contractor's obligations to the subcontractors.

• SUBSTITUTIONS PROHIBITED - END PRODUCT PREFERENCES —

  If you receive the award as a result of the South Carolina end product or United States end product preference, you may not substitute a nonqualifying end product for a qualified end product. If you violate this provision, CCSD may terminate your contract for cause and you may be debarred. In addition, you shall pay to CCSD an amount equal to twice the difference between the price paid by CCSD and your evaluated price for the item for which you delivered a substitute.

  SUBCONTRACTOR SUBSTITUTION PROHIBITED - RESIDENT SUBCONTRACTOR PREFERENCE: If you receive an award as a result of the subcontractor preference, you may not substitute any business for the subcontractor upon which you relied to qualify for the preference, unless first approved in writing by the procurement officer. If you violate this provision, the State may terminate your contract for cause and you may be debarred. In addition, the procurement officer may require you to pay the State an amount equal to twice the difference between the price paid by the State and the price offered by the next lowest bidder, unless the substituted subcontractor qualifies for the preference.

• SURVIVAL OF OBLIGATIONS —

  The Parties' rights and obligations which, by their nature, would continue beyond the termination, cancellation, rejection, or expiration of this contract shall survive such termination, cancellation, rejection, or expiration, including, but not limited to, the rights and obligations created by the following clauses: Indemnification - Third Party Claims, Intellectual Property Indemnification, and any provisions regarding warranty or audit.

• TERMINATION —

  Subject to the conditions below, the District providing a (30) thirty-day advance notice in writing is given to the vendor may terminate the contract for any reason.

• NON-APPROPRIATIONS —

  Any contract entered into by the District resulting from this bid invitation shall be subject to cancellation without damages or further obligation when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period or appropriated year.

• TERMINATION FOR CONVENIENCE —

  The Procurement Official may terminate this contract in whole or in part, for the convenience of CCSD. In such a termination, the Procurement Official may require the Contractor to transfer title and deliver to CCSD in the manner and to the extent directed by the Procurement Official: (a) any completed supplies; and (b) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called “manufacturing material”) as the Contractor has specifically produced or specially acquired for the performance of the terminated part of this contract. Upon such termination, the contractor shall (a) stop work to the extent specified, (b) terminate any subcontracts as they relate to the terminated work, and (c) be paid the following amounts without duplication, subject to the other terms of this contract: (i) contract prices for supplies or services accepted under the contract, (ii) reasonable costs incurred in terminating the unperformed portion of the work, and (iii) any other reasonable costs that the Contractor can demonstrate to the satisfaction of CCSD, using its standard record keeping system, have resulted from the termination. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. As a condition of payment, Contractor shall submit within three months of the effective date of the termination a claim specifying the amounts due because of the termination. The absence of an appropriate termination for convenience clause in any subcontract shall not increase the obligation of CCSD beyond what it would have been had the subcontract contained such a clause.

• DEFAULT —

  CCSD may terminate this contract for default, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any material contract terms and conditions, or fails to provide CCSD, upon request, with adequate assurances of future performance. If the Contractor defaults or neglects to carry out the work or provide the services as required, and fails within a seven
  (7) day period after receipt of notice from CCSD to commence and continue correction of default or neglect with diligence and promptness satisfactory as determined solely by CCSD, CCSD may declare a default and terminate the agreement. The thirty (30) day notice requirement is hereby waived. In case of default by the vendor, the District reserves the right to purchase any or all items in default in the open market, charging the vendor with any additional costs. In the event of termination for cause, CCSD shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to CCSD for any and all rights and remedies provided by law. The
  defaulting vendor shall not be considered a responsible bidder until the assessed charge has been satisfied. Actions taken by CCSD as described herein are without prejudice to other remedies that CCSD may have pursuant to contract, law or equity. If it is determined that CCSD improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

• NON-COMPLIANCE WITH THE DRUG FREE WORK PLACE ACT —

  In accordance with S. C. Code Workplace Act, Sections 44-107-10, et seq., SC Code, (1976) this contract is subject to immediate termination, suspension of payment, or both if the CONTRACTOR fails to comply with the terms of the Drug Free Workplace Act. The District will not be liable for any termination costs; the thirty (30) days advance notice requirement is waived.

• DUE TO MALICIOUS ACTS —

  In the event termination is due to malicious acts by the Contractor, subcontractor or representative(s) of same that may endanger the property, employees, or reputation and/or financial status of the District, termination of the contract shall be effective immediately upon verbal notification by any District representative. The Provider shall cease all services within twenty-four (24) hours of the verbal notice of termination. In the event of termination the vendor shall be paid for services performed up to the termination date.

• INSOLVENCY —

  This contract is voidable and subject to immediate termination by the District upon the contractor's insolvency, including the filing of proceedings in bankruptcy.

• TERMINATION BY CONTRACTOR —

  Requests for termination for convenience of this contract by the Contractor must be received in writing by the Procurement Official at least ninety (90) days before the requested contract termination date and is subject to approval or rejection by CCSD.

• TERM OF CONTRACT – EFFECTIVE DATE / INITIAL CONTRACT PERIOD —

  The effective date of this contract is the first day of the Maximum Contract Period as specified on the final statement of award. The initial term of this agreement is one year from the effective date. Regardless, this contract expires no later than the last date stated on the final statement of award.

• TERM OF CONTRACT – OPTION TO RENEW —

  At the end of the initial term, and at the end of each renewal term, this contract shall automatically renew for a period of one year, not to exceed 5 (five) years total, unless contractor receives notice that CCSD elects not to renew the contract at least thirty (30) days prior to the date of renewal. Regardless, this contract expires no later than the last date stated on the final statement of award.

• THIRD PARTY BENEFICIARY —

  This Contract is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns, and no other person will have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Contract as a third party beneficiary or otherwise.

• WARRANTY —

  Upon final acceptance, the products and or services provided by the Contractor under this contract shall be warranted by the Contractor to perform in compliance with the specifications and terms and conditions of this contract for a minimum period of one year or as otherwise required by this solicitation. When notified by the District of defects requiring correction under the Contractor’s warranty, the Contractor shall diligently provide the required corrections. Manufacturer warranties for third party products supplied by the Contractor shall be provided to the District in writing prior to final payment.

• WAIVERS —

  The waiver of any part of this contract shall not be construed to be a waiver of the whole and the remaining terms and conditions shall remain in full force and effect. No waiver of right, obligation, or default shall be implied, but must be in writing, signed by the party against whom the waiver is sought to be enforced. One or more waivers of any right, obligation, or default shall not be construed to waive any subsequent right, obligation, or default.

Submission Requirements

• Certificate of Insurance (required) —

  Please upload your Certificate of Insurance. 

• Proposers should submit for review any agreement, contract or other document that the firm wishes the District to sign.
• Is the bidder a South Carolina Certified Minority Business? (required)
• Is the bidder a Minority Business certified by another governmental entity? (required)
• If a certified Minority Business is participating in this contract, please indicate all categories for which the Business is certified: (required)
• If more than one minority contractor will be utilized in the performance of this contract, please provide the information above for each minority business. The Department of Administration, Division of Small and Minority Business Contracting and Certification, publishes a list of certified minority firms. The Minority Business Directory is available at the following URL: http://smbcc.sc.gov (.) (required)
• Will work be performed offshore by the Offeror and/or its subcontractors? (required)
• Work that will be performed offshore by the Offeror and/or its subcontractors must be identified in the Offeror’s response. For the purpose of this solicitation, offshore is defined as outside the 50 States and US territories. Offeror is to include an explanation for the following: (required) —
  1. What type of work is being contracted offshore? 
  2. What percentage (%) of the total work is being contracted offshore? 
  3. What percentage (%) of the total value of the contract is being contracted offshore?
  4. Provide a Service Level Agreement (SLA) demonstrating the arrangement between the off-shore contactor and the Offeror. Attach Service Level Agreement to this document or paste here. Data provided by the Offeror in regards to this clause is for information only and will not be used in the evaluation and determination of an award.
• Does your offer include any information that you marked as "Confidential", "Trade Secret", or "Protected"? (required)
• Redacted Copy (required) —

  If your offer includes any information that you marked as “Confidential,” “Trade Secret,” or “Protected” in accordance with the clause entitled “Submitting Confidential Information,” you must also submit one complete copy of your offer from which you have removed or concealed such information ( the redacted copy). The redacted copy should (i) reflect the same pagination as the original, (ii) show the empty space from which information was redacted, and (iii) be submitted on magnetic media. (See clause entitled “Electronic Copies - Required Media and Format.”) Except for the information removed or concealed, the redacted copy must be identical to your original offer, and the Procurement Officer must be able to view, search, copy and print the redacted copy without a password.

• Qualification of Offeror (required) —
  1. To be eligible for award, you must have the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance. We may also consider a documented commitment from a satisfactory source that will provide you with a capability. We may consider information from any source at any time prior to award. We may elect to consider (i) key personnel, any predecessor business, and any key personnel of any predecessor business, including any facts arising prior to the date a business was established, and/or (ii) any subcontractor you identify.
  2. You must promptly furnish satisfactory evidence of responsibility upon request. Unreasonable failure to supply requested information is grounds for rejection.
  3. Corporate subsidiaries are cautioned that the financial capability of an affiliated or parent company will not be considered in determining financial capability; however, we may elect to consider any security, e.g., letter of credit, performance bond, parent-company corporate guaranty, that you offer to provide. 
• Qualifications (required) —

  In order to evaluate your responsibility, offeror shall submit the following information or documentation for the offeror and any subcontractor, if the value of subcontractor's portion of the work exceeds 10% of your price (if in doubt, provide the information) with bid or within 2 days of request by CCSD:

  1. Include a brief history of the offeror's experience in providing work of similar size and scope.
  2. List of failed projects, suspensions, debarments, and significant litigation.
  3. Completion of Questionnaire attachment.
• Will you be using subcontractors? (required)
• Subcontractors (required) —

  If you intend to subcontract, at any tier level, with another business for any portion of the work and that portion either (1) exceeds 10% of your cost, (2) involves access to any “government information,” as defined in the clause entitled “Information Security - Definitions,” if included, or (3) otherwise involves services critical to your performance of the work (err on the side of inclusion), your offer must identify that business and the work which they are to perform. Identify potential subcontractors by providing the business name, address, phone, taxpayer identification number, and point of contact. In determining your responsibility, the state may contact and evaluate your proposed subcontractors.

• Minority Participation Affidavit (required) —

  Please download the below documents, complete, and upload.

• Signature Form (required) —

  Please download the below documents, complete, and upload.

• Have you had any OSHA fines within the last three (3) years? (required)
• Please submit the details describing the circumstances surrounding each incident. (required)
• Have you had jobsite fatalities within the last five (5) years? (required)
• Please submit the details describing the circumstances surrounding each incident. (required)
• Years in business under present name: (required)
• Licenses currently valid in force: (required)
• References (required) —

  Provide three references from similar agencies you have performed similar services for in the past one (1) year.

  Please include the following for each reference:

  Industry:
  Organization:
  Address:
  Contact Name & Title:
  Telephone #/email:

• Is this a One-Time Purchase or Term Contract? (required)
• Will there be a Pre-Bid meeting or Site Visit? (required)
• Is this a cooperative procurement? Can other Districts participate? (required)