SLED Opportunity · SOUTH CAROLINA · CHARLESTON COUNTY SCHOOL DISTRICT
AI Summary
Charleston County School District seeks bids for district-wide flooring services including supply and installation of various flooring materials. Award is based on best value criteria. Proposals due April 21, 2026, via the Procurement Portal.
Charleston County School District is seeking Bids for DISTRICT WIDE FLOORING 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 21, 2026.
Questions & answer to solicitation (1)
(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.
Charleston County School District is seeking Bids for DISTRICT WIDE FLOORING 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 21, 2026.
AWARD CRITERIA: This is deemed a Best Value Bid. This contract will be based on a Best Value Award. This process allows the District to use other criteria than cost to determine the best vendor for the project. This contract may be awarded to one or multiple responsive and responsible, highest ranked vendor(s).
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.In all cases, the District will be the sole judge as to whether a vendor's bid has or has not satisfactorily met the requirement of this bid.
Award will be made to the highest ranked responsible bidder or bidders who submits a responsive bid which is most advantageous to the Charleston County School District. The District reserves the right to negotiate with highest ranked bidder or bidders.
Participation in a procurement contract or inclusion on an approved vendor list does not guarantee the award of work, a minimum volume of business, or any specific project assignments. All work will be issued at the sole discretion of the organization based on project needs, performance, pricing, and other evaluation criteria. The organization reserves the right to solicit competitive bids and select vendors accordingly for each opportunity.
AWARD TO MULTIPLE OFFERORS: Award may be made to more than one Offeror.
Participation in a procurement contract or inclusion on an approved vendor list does not guarantee the award of work, a minimum volume of business, or any specific project assignments. All work will be issued at the sole discretion of the organization based on project needs, performance, pricing, and other evaluation criteria. The organization reserves the right to solicit competitive bids and select vendors accordingly for each opportunity.CCSD will allocate projects up in a way that will be in the best interest of the District.
AWARD: This contract will be based on a Best Value Award. This process allows the District to use other criteria than cost to determine the best vendor or vendors for the project. Allocated points have been distributed as follows:
1. Price Competitiveness - 60%
2. Company Structure and Resources – 20%
3. Prior Performance on Comparable Work – 10%
4. Project Approach and Schedule - 10% (Means and Methods to support contract)
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TOTAL PRICING (60 POINTS) – The bidder with the lowest price receives the maximum score. The bidder with the next lowest price receives points by dividing the lowest price by the next lowest price and multiplying that percentage by the available points. For example, 60 points are allocated to the price criterion for this procurement and bidder “A” submits the low offer at $1,000,000, then bidder “A’ receives 60 points ($1,000,000/$1,000,000=1.00x 60 =60). The next low offer submitted by bidder “B’ is $1,100,000, then he/she receives 54.6 points ($1,000,000/$1,100,000 =.91x 60= 54.6), etc.
NEGOTIATIONS: The Procurement Official may elect to make an award without conducting negotiations.
(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.
Offeror must be authorized to operate contractually and sell within the State of South Carolina.
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.
| Release Project Date: | April 6, 2026 |
| Question Submission Deadline: | April 14, 2026, 2:00pm |
| Response Submission Deadline: | April 21, 2026, 2:00pm |
| Evaluation Committee Review (estimate) : | April 23, 2026 |
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.
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.
(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.
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.
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.
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.
Charleston County School District is seeking qualified contractors to provide flooring services for the school District. The intent of this solicitation is to select multiple contractors to support the District's flooring needs through the Capital Building Program and the Capital Maintenance Program. In regards to carpet tile, the district currently uses Interface, Milliken, Mannington, and Shaw predominantly, however the district would entertain other manufacturers that have products . The District understands that it cannot feasibly have an assigned price for every type of carpet/flooring material available, and that there might be a desire to use a different product in the future. For that reason, the Cost Plus portion of this contract will be utilized when purchasing products that do not fall in the below categories. The District also reserves the right to audit records to verify pricing (i.e.: Cost Plus) are being adhered to by the vendors.
FLOORING MATERIALS
Products: Flooring materials to be purchased include Texas Granite, Resilient Base, Sheet Vinyl, Carpet Tile, Rubberized flooring and other flooring material.
Changes to Specifications
Successful bidders shall notify CCSD Plant Operations Officer immediately of any changes to specifications made by the manufacturer.
Failure on the part of the provider to notify the District in advance of any changes in specifications for the flooring material being provided as the result of this agreement may result in revocation of this agreement.
Submittals:
Manufacturer’s specifications for each product.
Samples for Selection: Upon award, successful bidder must provide standard sample sets consisting of sections of units showing full range of colors and patterns for each type of product indicated.
QUALIFIED PRODUCTS
TEXAS GRANITE: American Biltrite Texas Granite Solid Vinyl Tile
12”x12 size
⅛” Gauge
Class 1, Type A, Monolithic
CARPET TILES
Construction:
Textured Multi Colored Loop Fiber: Nylon type 6 or 6.6
Dye Method: 100% Solution Dyed - Mergeable Dye Lots Preferred
Size: 50cm x 50cm, or 24” x 24”
Flammability: ASTM E 648 Class 1 (Glue Down)
Smoke Density: ASTM E 662 Less than 450 Static Propensity: AATCC-134 Under 3.5kv
Indoor Air Quality: Meets CRI Green Label Plus Standards
Texture Appearance Retention Rating (TARR): Heavy to Severe Traffic
Qualified Manufacturers (Not an exhaustive list):
Shaw - No Rules Collections (Disperse/Diffuse, Campus, etc)
Interface - Cubic, The Standard, Harmonize/Groundwave
Milliken - Journal, Nordic Stories
RESILIENT WALL BASE (Must meet or exceed US Minimum Flammability Requirements) Vinyl Base: Products complying with FS SS-W-40, Type II
Rubber Wall Base: Products complying with FS-SS-F-1861, Group 1 (solid Vinyl or Rubber Accessories and Edge Strips or Transitions
Qualified Manufacturers (List not exhaustive):
Armstrong World Industries, Inc.
Burke Industries, Burke Flooring Products Johnsonite
Mannington, Inc, - Mannington Commercial Flexco
Roppe
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SHEET VINYL
Sheet vinyl as follows: 6.5’ wide x up to 82’ long, gauge - .080” overall, .080” wear layer; Static Load Limit (ASTM F 970); Slip Resistance (ASTM D 2047);
Qualified Product: Johnsonite IQ Optima.
LVT
Qualified Products (List not exhaustive): Johnsonite IQ Optima LVT 12”x12” tiles
INSTALLATION SERVICES WORK TO BE PERFORMED
The work to be performed by Contractor is all work required to provide a complete and fully acceptable floor. Contractor will provide all labor and permits on an as-needed basis. For purposes of any subsequent contract, each work assignment is deemed a Request for Service.
All work must be pre-authorized by the District or the District’s designee. No work shall be binding on the District and the Contractor shall not be entitled to any compensation for work performed unless it was first authorized by the District or the District’s designee.
The Contractor will assist staff, District project assigned architect, CCSD Program Management Firm with the selection of flooring products. Upon request the contractor will provide flooring samples for selection purposes prior to the approved job. Upon request the Contractor shall provide layout plans, work plans and written schedules to be approved by the District or the District’s designee, prior to work commencing.
The Contractor shall carefully field measure and check all areas designated to receive floor coverings. Requests for extra compensation will not be approved for measurement or take-off errors.
The Contractors project manager will meet with staff as often as required for the purpose of reviewing progress and providing necessary guidance.
General Install Requirements
a. Comply with the manufacturer’s instructions and recommendations for all flooring products and installation materials.
b. Proposers may include pricing for furniture moving should they offer the service. It will not be a requirement for contract award.
c. Install flooring under open-bottom obstructions and under removable flanges and furnishings, into alcoves and closets of each space.
d. Run flooring under open-bottom items such as heating convectors and install tight against wall, columns and cabinets so the entire floor area is covered with flooring material. Install edging guard at all openings and doors wherever flooring terminates, unless indicated otherwise. Prior to installation, the Contractor shall notify District staff about all other obstructions which may occur.
e. Cutting shall be done in accordance with the manufacturer’s recommendations, using the tools designed for the flooring being installed. Remove all debris and carpet remnants less than one yard from job site and dispose of properly. Carpet remnants in excess of one yard shall be returned to staff.
f. Edges shall be butted together with the proper pressure to produce the tightest joint possible without distortion.
g. All carpet shall be installed with pile-lay in the same direction except when directed by staff to use a quarter-turned method.
h. Use a leveling compound where necessary.
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i. Metal-nosing strips shall be used as required. Substitutions must be approved by the District. Installation of metal- nosing strips on concrete or stone surfaces shall be by drilling, inserting plastic plugs and using non-corrosive drive screws. All screws shall have shallow head profile.
j. Carpet and Texas Granite shall be adhered direct to existing floor surfaces in accordance with manufacturer’s printed instructions.
k. Vinyl base shall be adhered direct to designated surfaces after flooring is installed in accordance with manufacturer’s printed instructions.
l. Surface Preparations: Carpet and Texas Granite.
i. Contractor shall prepare existing floors to receive carpet or Texas Granite. Prior to filling, the floor must be swept clean of all loose debris. After filling, allow filler to dry. Damp mop floor and allow drying. Vacuum after mopping to ensure all debris is removed for a proper substrate to install flooring. All cracks, holes, unevenness and rough areas will be leveled and smoothed with material that complies with carpet and Texas Granite manufacturer’s recommendations to ensure warranty terms.
m. Surface Preparations: Vinyl Base
Designated surfaces to receive vinyl base shall be structurally sound, smooth, dry and clean, free of dirt, dust, oil, wax or other foreign matter which would interfere with a good bond.
i. Painted surfaces to receive vinyl base shall be thoroughly dry and cured.
ii. The Contractor shall roughen shiny surfaces such as glossy paint that may cause adverse bonding.
iii. Back of vinyl base shall be free of mold release agents or other contaminants that could interfere with proper adhesion.
n. Installation: Carpet, Texas Granite, Sheet Vinyl and LVT
i. Layout and plan the area to be carpeted or tiled by preparing a seaming plan to be approved by the Facilities Supervisor or designee prior to work commencing. Seaming plan shall reflect the minimum amount of seams possible under guidelines of these specifications.
ii. Check the plan against the available roll lengths and dye-lot numbers to ensure all rolls are of the same dye-lot. Using more than one dye-lot in the same room or open area is not permitted.
iii. Plan seam locations so that no perpendicular seams occur at door openings.
iv. Seams shall run with flow of traffic as best as possible
o. Installation: Carpet tiles
i. Install carpet according to manufacturer’s printed instructions
ii. Apply adhesives as per manufacturer’s printed instructions
iii. In open perimeter designs, use a fixed reducer strip to secure the area.
p. Installation: Vinyl Base
i. All vinyl base shall be “cove-cut” on inside corners.
ii. Plan seam locations so that no seams end on outside corners.
iii. Check each carton of base for dye-lot numbers to assure there is no mixing of dye lots during installation.
B2141 DISTRICT WIDE FLOORING SERVICES Page 25
q. Adhesive Application:
i. Adhesives shall be compatible with the product being installed. Contractor shall follow manufacturer’s recommendations to apply as directed for proper adhesion and to ensure compliance with warranty terms and conditions.
r. Cleanup: Immediately after completing installation:
i. Remove visible adhesive, seam sealer, and other surface blemishes using a cleaner recommended by the manufacturer.
ii. Remove protruding yarns from the carpet surface.
iii. Remove all debris and carpet remnants less than one yard from the job site and dispose of properly. Carpet remnants in excess of one yard shall be returned to the Facilities Supervisor
s. The Contractor shall use care in protecting building, equipment, and furnishings when performing the work. The Contractor shall repair or be responsible for the cost to repair damage incurred in the process of performing the required services.
GENERAL REQUIREMENTS
A. The Contractor shall employ only competent and satisfactory personnel and shall provide a sufficient number of employees to perform the required services efficiently.
B. The Contractor shall be financially solvent. The District reserves the right to request information to determine solvency.
C. The Contractor shall be responsible for complying with local, state, and federal codes, legislation procedures, and regulations affecting work in their professional area.
D. Guarantee/Warranty Work: The Contractor shall guarantee all workmanship against defects in installation for a period of one (1) year from date of final acceptance by the District or designee. Upon written notice from the District, the Contractor shall, at own expense, promptly correct/replace any and all improper work that may become apparent within one (1) year.
All work will be coordinated with the Owner’s Representative and\or General Contractor
● Haul and disposal of all old equipment and material not needed for new install. Disposition of materials and equipment are to be made off School District property to an authorized disposal site, in accordance with all safety and federal guidelines.
● Leave the job site in neat and orderly condition. On a daily basis.
● Removal of debris is the contractors’ responsibility
Except with new school construction and designated breaks (Winter, Spring, Summer) work cannot be conducted during normal working hours (7am-10pm) Work will need to be performed after hours and on weekends and holidays.
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.
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.
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 21, 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 21, 2026.
Important: Clearly mark the outside of the envelope, box, or package with the following information.
Solicitation Number: 2026-IFB-041
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
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.
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
(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.
(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.
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.
(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.
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.
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.
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
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.
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.
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.
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.
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.
(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.
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.
(“OCI FAQ for Contractors” is available at www.procurement.sc.gov)
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.
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.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
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.
(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.
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.
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.
The parties expressly agree that the UN Convention on the International Sale of Goods shall not apply to this agreement.
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).
(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
Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of law.
During the term of the Contract, Contractor shall comply with all applicable provisions of laws, codes, ordinances, rules, regulations, and tariffs.
Offers will be publicly opened at the date/time on the Timeline, or as modified by amendment, whichever is applicable.
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.
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.
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.
The District may cancel this solicitation in whole or in part. The District may reject any or all proposals in whole or in part.
(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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
No Pre-Bid Conference or Site Visit is scheduled.
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.
A NO VALUE Pre-Bid Conference will be held at NO VALUE on NO VALUE at NO VALUE.
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.
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.
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.
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.
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.
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.
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.
CCSD may bid separately any unusual requirements or large quantities of supplies covered by this contract.
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.
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.
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).
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).
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
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.
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.
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.
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.
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.
(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.
(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.
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 |
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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
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.
“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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
F.O.B. Destination. Destination is the shipping dock of CCSD's designated receiving site, or other location, as specified herein.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This contract is voidable and subject to immediate termination by the District upon the contractor's insolvency, including the filing of proceedings in bankruptcy.
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.
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.
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.
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.
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.
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.
Workers Compensation, Applicable Federal and Employer’s Liability
1. State
Statutory
2. Applicable Federal
Statutory
3. Employer’s Liability
$100,000 per accident
$500,000 disease, policy limit $100,000 disease, each employee
Federal Liability Insurance including completed operations and product liability covers:
1. General Aggregate
(Except Products – Complete Operations):
$1,000,000
2. Products – Completed Operations Aggregate:
$1,000,000
3. Personal and Advertising Injury (Per person/organization):
$1,000,000
4. Each Occurrence (Bodily Injury and Property Damage):
$1,000,000
5. Fire Damage (Any one fire):
$1,000,000
6. Medical Expense (Any one person):
$1,000,000
7. Property Damage Liability Insurance will provide explosion, collapse and underground coverage where applicable.
8. Excess Liability (Umbrella Form)
a)General Aggregate:
b)Each occurrence
(bodily injury and property damage)
$2,000,000
$1,000,000
Please upload your Certificate of Insurance.
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.
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:
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.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
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:
Q (Cove Base Adhesive Pricing): It appears that Cove Base Adhesive has been omitted from the Bid Cost Sheet. Are we to include this with the material or installation labor?
A: The Cove Base Adhesive hasn’t been listed for the couple of times. However you can put it in your own cove base price were applicable.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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