Cohesity Products and Services

SSAAPP
State of South Carolina Solicitation: 5400029690
Date Issued: 04/13/26
Procurement Officer: KEVA JONES
Phone: 803-737-2772
Invitation For Bid
E-Mail Address: kjones@mmo.sc.gov
Mailing Address: SFAA, Div. of Procurement Services
1333 Main Street, Suite 700
Columbia, SC 29201
DESCRIPTION: STC Cohesity Products and Services
USING GOVERNMENTAL UNIT: Statewide Term Contract
SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov
SUBMIT OFFER BY (Opening Date/Time): 05/13/26 at 11:00AM EST (See "Deadline For Submission Of Offer" provision)
QUESTIONS MUST BE RECEIVED BY: 04/20/26 at 5:00PM EST (See "Questions From Offerors" provision)
NUMBER OF COPIES TO BE SUBMITTED: Online Submission (See "Online Bidding Instructions" provision)
* If submitting confidential information, include a separate redacted copy with your online submission marked
"REDACTED." (See provisions "Submitting Redacted Offers" in Section IV & "Disclosure of Your Bid /
Proposal and Submitting Confidential Data" in Section IIA.)
Initial here if no redacted copy is necessary ____
CONFERENCE TYPE: PRE-BID CONFERENCE LOCATION: MS TEAMS ONLY!
DATE & TIME: 04/20/26 at 11:00AM EST
(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)
Award will be posted on 05/19/26. The award, this solicitation, any amendments, and any related
AWARD &
notices will be posted at the following web address: http://www.procurement.sc.gov
AMENDMENTS
You must submit a signed copy of this form with Your Offer. By signing, You agree to be bound by the terms of the
Solicitation. You agree to hold Your Offer open for a minimum of ninety (90) calendar days after the Opening Date.
(See "Signing Your Offer" provision.)
NAME OF OFFEROR Any award issued will be issued to, and the contract will be formed with,
the entity identified as the Offeror. The entity named as the offeror must be
a single and distinct legal entity. Do not use the name of a branch office or
a division of a larger entity if the branch or division is not a separate legal
(full legal name of business submitting the offer) entity, i.e., a separate corporation, partnership, sole proprietorship, etc.
AUTHORIZED SIGNATURE DATE SIGNED
(Person must be authorized to submit binding offer to contract on behalf of Offeror.)
TITLE STATE VENDOR NO.
(business title of person signing above) (Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)
PRINTED NAME STATE OF INCORPORATION
(printed name of person signing above) (If you are a corporation, identify the state of incorporation.)
OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing Your Offer" provision.)
___ Sole Proprietorship ___ Partnership ___ Other_____________________________
___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)
COVER PAGE - ON-LINE ONLY (MAR. 2015)

SSAAPP
PAGE TWO
(Return Page Two with Your Offer)
HOME OFFICE ADDRESS (Address for offeror's home office / NOTICE ADDRESS (Address to which all procurement and contract
principal place of business) related notices should be sent.) (See "Notice" clause)
________________________________________________ Area Code -
Number - Extension Facsimile
_________________________________________________ E-mail
Address
PAYMENT ADDRESS (Address to which payments will be sent.) ORDER ADDRESS (Address to which purchase orders will be sent)
(See "Payment" clause) (See "Purchase Orders and "Contract Documents" clauses)
____Payment Address same as Home Office Address ____Order Address same as Home Office Address
____Payment Address same as Notice Address (check only one) ____Order Address same as Notice Address (check only one)
ACKNOWLEDGMENT OF AMENDMENTS
Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision)
Amendment No. Amendment Issue Amendment No. Amendment Issue Amendment No. Amendment Issue Amendment No. Amendment Issue
Date Date Date Date
DISCOUNT FOR 10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)
PROMPT PAYMENT
(See "Discount for Prompt
Payment" clause)
PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly
rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors
selling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A
summary of the new preferences is available at www.procurement.sc.gov/preferences . ALL THE PREFERENCES
MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY
ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE
CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU
REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE
PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE SERIOUS
CONSEQUENCES. [11-35-1524(E)(4)&(6)]
*** Preferences do not apply to this solicitation pursuant to SC Consolidated Procurement Code Section 11-35-1524(E)(2)***
PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for
your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor
Preference (11-35-1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you
must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you
are claiming the Resident Subcontractor Preference (11-35-1524(D)).
____In-State Office Address same as Home Office Address ____In-State Office Address same as Notice Address (check only one)
*** Preferences do not apply to this solicitation pursuant to SC Consolidated Procurement Code Section 11-35-1524(E)(2)***
PAGE TWO (SEP 2009) End of PAGE TWO

Table of Contents
I. SCOPE OF SOLICITATION 2
I. SCOPE OF SOLICITATION .......................................................................................................................................... 4
II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS .................................................................... 5
II. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS .................................................................... 13
III. SCOPE OF WORK/SPECIFICATIONS ................................................................................................................... 15
IV. INFORMATION FOR OFFERORS TO SUBMIT ................................................................................................... 19
V. QUALIFICATIONS ...................................................................................................................................................... 20
VI. AWARD CRITERIA ................................................................................................................................................... 21
VII. TERMS AND CONDITIONS -- A. GENERAL....................................................................................................... 22
VII. TERMS AND CONDITIONS -- B. SPECIAL ......................................................................................................... 26
VIII. BIDDING SCHEDULE / PRICE-BUSINESS PROPOSAL .................................................................................. 40
IX. ATTACHMENTS TO SOLICITATION ................................................................................................................... 41
11
III. SCOPE OF WORK/SPECIFICATIONS 13
IV. INFORMATION FOR OFFERORS TO SUBMIT 19
V. QUALIFICATIONS 22
VI. AWARD CRITERIA 24
VII. TERMS AND CONDITIONS -- A. GENERAL 26
VII. TERMS AND CONDITIONS -- B. SPECIAL 30
VIII. BIDDING SCHEDULE / PRICE-BUSINESS PROPOSAL 45
IX. ATTACHMENTS TO SOLICITATION 48AP
Page 3

I. SCOPE OF SOLICITATION
On behalf of all Using Governmental Units, the Office of State Procurement (OSP) is soliciting bids from qualified offerors
to establish a Statewide Term Contract for Cohesity product(s) and services related to the current offerings listed in Section
III Scope of Work/Specifications.
ACQUIRE SERVICES and SUPPLIES / EQUIPMENT (JAN 2006)
The purpose of this solicitation is to acquire services and supplies or equipment complying with the enclosed description
and/or specifications and conditions. [01-1005-1]
IMPORTANT NOTICE: IF THE TERMS AND CONDITIONS HEREIN ARE OBJECTED TO, QUALIFIED, OR
SUPPLEMENTED IN YOUR OFFER, YOUR OFFER SHALL BE DETERMINED NON-RESPONSIVE AND NOT
CONSIDERED FURTHER. See "Responsiveness and Improper Offers" provision in Section IIA, SC Code of Laws 11-
35-1520(13), and SC Code of Regulations Chapter 19-445.2070.
MAXIMUM CONTRACT PERIOD - ESTIMATED (JAN 2006)
Start date: 06/01/2026
End date: 05/31/2031
Dates provided are estimates only. Any resulting contract will begin on the date specified in the notice of award. See clause
entitled "Term of Contract - Effective Date/Initial Contract Period". [01-1040-1]
The initial contract term shall be for one (1) year with four (4) additional one-year renewal options for a total
potential maximum contract of five (5) years.
Page 4

II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS
DEFINITIONS, CAPITALIZATION, AND HEADINGS (MAY 2024)
CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE ONLY AND WILL NOT BE
USED TO CONSTRUE MEANING OR INTENT. EVEN IF NOT CAPITALIZED, THE FOLLOWING DEFINITIONS
APPLY TO ALL PARTS OF THE SOLICITATION, UNLESS EXPRESSLY PROVIDED OTHERWISE.
AMENDMENT means a document issued to supplement the original solicitation document.
AUTHORITY means the State Fiscal Accountability Authority or its successor in interest.
BUSINESS means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any
other legal entity. [11-35-310(3)]
CHANGE ORDER means any written alteration in specifications, delivery point, rate of delivery, period of performance,
price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract. [11-35-
310(5)]
CONTRACT See clause entitled Contract Documents & Order of Precedence.
CONTRACT MODIFICATION means a written order signed by the procurement officer, directing the contractor to make
changes which the clause of the contract titled "Changes," if included herein, authorizes the Procurement Officer to order
without the consent of the contractor. [11-35-310(9)]
CONTRACTOR means the Offeror receiving an award as a result of this solicitation.
COVER PAGE means the top page of the original solicitation on which the solicitation is identified by number. Offerors
are cautioned that Amendments may modify information provided on the Cover Page.
OFFER means the bid or proposal submitted in response this solicitation. The terms Bid and Proposal are used
interchangeably with the term Offer.
OFFEROR means the single legal entity submitting the offer. The term Bidder is used interchangeably with the term
Offeror. See bidding provisions entitled Signing Your Offer and Bid/Proposal As Offer To Contract.
PAGE TWO means the second page of the original solicitation, which is labeled Page Two.
PROCUREMENT OFFICER means the person, or his successor, identified as such on either the Cover Page, an
amendment, or an award notice.
YOU and YOUR means Offeror.
SOLICITATION means this document, including all its parts, attachments, and any Amendments.
STATE means the Using Governmental Unit(s) identified on the Cover Page.
SUBCONTRACTOR means any person you contract with to perform or provide any part of the work.
US or WE means the using governmental unit.
USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. If the Cover
Page identifies the Using Governmental Unit as "Statewide Contract," either optional or mandatory, the phrase "Using
Governmental Unit" means any South Carolina Public Procurement Unit [11-35-4610(5)] that has submitted a Purchase
Order to you pursuant to the contract resulting from this solicitation. Reference the clauses titled "Purchase Orders" and
"Statewide Contract."
WORK means all labor, materials, equipment, services, or property of any type, provided or to be provided by the
Contractor to fulfill the Contractor's obligations under the Contract.
[02-2A003-4]
AMENDMENTS TO SOLICITATION (JAN 2004)
(a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor the
following web site for the issuance of Amendments: www.procurement.sc.gov(b) Offerors shall acknowledge receipt of any
amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and
date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way
that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not
modified remain unchanged. [02-2A005-1]
AUTHORIZED AGENT (FEB 2015)
All authority regarding this procurement is vested solely with the responsible Procurement Officer. Unless specifically
delegated in writing, the Procurement Officer is the only government official authorized to bind the government with regard
to this procurement or the resulting contract. [02-2A007-1]
Page 5

AWARD NOTIFICATION (MAR 2024)
Notice regarding any award, cancellation of award, or extension of award will be posted at the location and on the date
specified on the Cover Page or, if applicable, the most recent notice of extension of award. Should the contract resulting
from this Solicitation have a total or potential value more than one hundred thousand dollars, such notice will be sent
electronically to all Offerors responding to the Solicitation. Unless a written notice of intent to protest is timely filed
pursuant to Section 11-35-4210(1)(b) or the award is otherwise suspended or canceled, the award will be effective on the
calendar day (including weekends and holidays) immediately following the seventh business day after such notice is given.
[02-2A010-3]
BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)
By submitting Your Bid or Proposal, You are offering to enter into a contract with the Using Governmental Unit(s).
Without further action by either party, a binding contract shall result upon final award. Any award issued will be issued to,
and the contract will be formed with, the entity identified as the Offeror on the Cover Page. An Offer may be submitted by
only one legal entity; "joint bids" are not allowed. [02-2A015-1]
BID ACCEPTANCE PERIOD (JAN 2004)
In order to withdraw Your Offer after the minimum period specified on the Cover Page, You must notify the Procurement
Officer in writing. [02-2A020-1]
BID IN ENGLISH and DOLLARS (JAN 2004)
Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise
permitted by the Solicitation. [02-2A025-1]
AUTHORITY AS PROCUREMENT AGENT (DEC 2015)
The Procurement Officer is an employee of the Authority acting on behalf of the Using Governmental Unit(s) pursuant to
the Consolidated Procurement Code. Any contracts awarded as a result of this procurement are between the Contractor and
the Using Governmental Units(s). The Authority is not a party to such contracts, unless and to the extent that the Authority
is a using governmental unit and bears no liability for any party's losses arising out of or relating in any way to the contract.
[02-2A030-3]
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAR 2024)
GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION MAY RENDER
YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS AND
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];
Page 6

(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not
participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1)
through (a)(3) of this certification.
(c) If the offeror deletes or modifies paragraph (a)(2) of this certification, the offeror must furnish with its offer a signed
statement setting forth in detail the circumstances of the disclosure. [02-2A032-2]
CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)
(a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-
(i) Offeror and/or any of its Principals-
(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any
state or federal agency;
(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against
them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the
submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, tax evasion, or receiving stolen property; and
(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of
any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.
(ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any
public (Federal, state, or local) entity.
(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having
primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of
a subsidiary, division, or business segment, and similar positions).
(b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award,
Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
(c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written explanation
regarding its inability to make the certification. The certification will be considered in connection with a review of the
Offeror's responsibility. Failure of the Offeror to furnish additional information as requested by the Procurement Officer
may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render,
in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed
when making award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification,
in addition to other remedies available to the State, the Procurement Officer may terminate the contract resulting from this
solicitation for default.
[02-2A035-1]
CODE OF LAWS AVAILABLE (JAN 2006)
The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at:
http://www.scstatehouse.gov/code/statmast.php
The South Carolina Regulations are available at:
http://www.scstatehouse.gov/coderegs/statmast.php
[02-2A040-2]
Page 7

DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (JUL 2023)
("OCI FAQ for Contractors" is available at www.procurement.sc.gov)
(a) You certify that, after reasonable inquiry, to the best of your knowledge and belief: (1) your offer identifies any services
that relate to either this solicitation or the work and that have already been performed by you, a proposed subcontractor, or
an affiliated business or consultant of either; and (2) there are no relevant facts or circumstances that may give rise to an
actual or potential organizational conflict of interest, as defined in S.C. Code Ann. Reg. 19-445.2127, or that your offer
identifies and explains any unfair competitive advantage you may have in competing for the proposed contract and any
actual or potential conflicts of interest that may arise from your participation in this competition or your receipt of an
award.
(b) If you, a proposed subcontractor, or an affiliated business or consultant of either, have an unfair competitive advantage
or an actual or potential conflict of interest, the State may withhold award. Before withholding award on these grounds, the
State will notify you of the concerns and provide a reasonable opportunity for you to respond. The State may consider
efforts to avoid or mitigate such concerns, including restrictions on future activities.
(c) The certification in paragraph (a) of this provision is a material representation of fact upon which the State will rely
when considering your offer for award. [02-2A047-3]
DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)
Any offer received after the Procurement Officer of the governmental body or his designee has declared that the time set for
opening has arrived, shall be rejected unless the offer has been delivered to the designated purchasing office or the
governmental body's mail room which services that purchasing office prior to the opening. [R.19-445.2070(G)] [02-2A050-
1]
DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)
By submitting an Offer, Contractor certifies that, if awarded a contract, Contractor will comply with all applicable
provisions of The Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended. [02-
2A065-1]
DUTY TO INQUIRE (FEB 2015)
Offeror, by submitting an Offer, represents that it has read and understands the Solicitation and that its Offer is made in
compliance with the Solicitation. Offerors are expected to examine the Solicitation thoroughly and should request an
explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation. Failure to do
so will be at the Offeror's risk. All ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation
shall be interpreted to require the better quality or greater quantity of work and/or materials, unless otherwise directed by
amendment. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the
State's attention. See clause entitled "Questions from Offerors." [02-2A070-2]
ETHICS CERTIFICATE (MAY 2008)
By submitting an offer, the offeror certifies that the offeror has and will comply with, and has not, and will not, induce a
person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics act). The following statutes
require special attention: Section 8-13-700, regarding use of official position for financial gain; Section 8-13-705, regarding
gifts to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance of public
official; Sections 8-13-755 and 8-13-760, regarding restrictions on employment by former public official; Section 8-13-775,
prohibiting public official with economic interests from acting on contracts; Section 8-13-790, regarding recovery of
kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342, regarding
restrictions on contributions by contractor to candidate who participated in awarding of contract. The state may rescind any
contract and recover all amounts expended as a result of any action taken in violation of this provision. If contractor
participates, directly or indirectly, in the evaluation or award of public contracts, including without limitation, change
orders or task orders regarding a public contract, contractor shall, if required by law to file such a statement, provide the
statement required by Section 8-13-1150 to the procurement officer at the same time the law requires the statement to be
filed. [02-2A075-2]
Page 8

MULTIPLE OFFERS (MAR 2024)
Offerors may submit more than one Offer, provided that each Offer has significant differences other than price. Each
separate Offer must satisfy all Solicitation requirements. If this solicitation is an Invitation for Bids, each separate offer
must be submitted or uploaded as a separate document and must clearly indicate that it is a separate offer. If this solicitation
is a Request for Proposals, multiple offers may be submitted or uploaded as one document, provided that you clearly
differentiate between each offer and you submit a separate cost proposal for each offer, if applicable. [02-2A079-1]
OMIT TAXES FROM PRICE (JAN 2004)
Do not include any sales or use taxes in Your price that the State may be required to pay. [02-2A080-1]
PRICING (MAR 2024)
(a) Fixed Price. If a fixed price is required, award will not be made on an Offer if the total possible price to the State cannot
be determined. (b) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it
is unreasonable as to price. (c) Unbalanced Pricing. The State will analyze all offers with separately priced line items or
subline items to determine if the prices are unbalanced. Unbalanced pricing exists when, despite an acceptable total
evaluated price, the price of one or more line items is significantly over or understated. The responsible procurement officer
may reject an offer as unreasonably priced if she determines that unbalanced pricing increases performance risk (e.g., it is
so unbalanced as to be tantamount to allowing an advance payment) or could result in payment of unreasonably high prices.
S.C. Code Ann. Reg. 19-445.2122C. [02-2A082-2]
OPEN TRADE REPRESENTATION (JUN 2015)
By submitting an Offer, Offeror represents that Offeror is not currently engaged in the boycott of a person or an entity
based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade, as defined in SC Code
Section 11-35-5300. [02-2A083-1]
PROTESTS (MAR 2024)
(a) If you are aggrieved in connection with the solicitation or award of the contract, you may be entitled to protest, but only
as provided in Section 11-35-4210. To protest the solicitation or an amendment, your written protest must be received
within fifteen Days of the date the applicable solicitation document is issued. To protest an award, (i) written notice of your
intent to protest must be received within seven Business Days of the date the award notice is posted, and (ii) your actual
written protest must be received within fifteen Days of the date the award notice is posted. Time periods are computed in
accordance with Section 11-35-310(13) and the definitions for Day and Business Day. Both protests and notices of intent to
protest must be received by the appropriate Chief Procurement Officer (CPO). See clause entitled "Protest-CPO." (b)
Pursuant to Section 11-35-410, documents directly connected to a procurement activity may be available within five days
after request. All document requests should be directed to DocReq@mmo.sc.gov . If a protest is pending, the protestant's
lawyer may access otherwise unavailable information by applying to the CPO for the issuance of a protective order.
Additional information is available at www.procurement.sc.gov/legal [02-2A085-3]
PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)
Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a
violation of law.
(a) During the period between publication of the solicitation and final award, you must not communicate, directly or
indirectly, with the Using Governmental Unit or its employees, agents or officials regarding any aspect of this
procurement activity, unless otherwise approved in writing by the Procurement Officer. All communications must be
solely with the Procurement Officer. [R. 19-445.2010]
(b) You are advised to familiarize yourself with Regulation 19-445.2165, which restricts donations to a governmental
entity with whom you have or seek to have a contract. You represent that your offer discloses any gifts made, directly
or through an intermediary, by you or your named subcontractors to or for the benefit of the Using Governmental
Unit during the period beginning eighteen months prior to the Opening Date. [R. 19-445.2165] [02-2A087-1]
Page 9

PUBLIC OPENING (JAN 2004)
Offers will be publicly opened at the date/time and at the location identified on the Cover Page, or last Amendment,
whichever is applicable. [02-2A090-1]
QUESTIONS FROM OFFERORS (FEB 2015)
(a) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must
request it in writing. Questions regarding the original solicitation or any amendment must be received by the Procurement
Officer no later than five (5) days prior to opening unless an earlier date is stated on the Cover Page. Label any
communication regarding your questions with the name of the procurement officer, and the solicitation's title and number.
Oral explanations or instructions will not be binding. [See R. 19-445.2042(B)] Any information given a prospective offeror
concerning a solicitation will be furnished promptly to all other prospective offerors as an Amendment to the solicitation, if
that information is necessary for submitting offers or if the lack of it would be prejudicial to other prospective offerors. See
clause entitled "Duty to Inquire." We will not identify you in our answer to your question. (b) The State seeks to permit
maximum practicable competition. Offerors are urged to advise the Procurement Officer -- as soon as possible -- regarding
any aspect of this procurement, including any aspect of the Solicitation that unnecessarily or inappropriately limits full and
open competition. [See R. 19-445.2140] [02-2A095-2]
Please address emails to kjones@mmo.sc.gov and put the solicitation number and name in the subject line.
IMPORTANT NOTICE: ALL QUESTIONS MUST BE SUBMITTED, IN WRITING, AND RECEIVED BY THE
PROCUREMENT OFFICER FOR THIS SOLICITATION NO LATER THAN 5PM 04/20/26. SUBMIT
QUESTIONS BY EMAIL TO THE PROCUREMENT MANAGER WITH SUBJECT LINE OF THE EMAIL:
"QUESTION -5400029690". QUESTIONS MUST BE SUBMITTED IN AN EASILY COPIED FORMAT SUCH AS
MS WORD.
REJECTION/CANCELLATION (JAN 2004)
The State may cancel this solicitation in whole or in part. The State may reject any or all proposals in whole or in part. [SC
Code Section 11-35-1710 & R.19-445.2065] [02-2A100-1]
RESPONSIVENESS (MAR 2024)
(a) Award will not be made on a nonresponsive offer. An offer is nonresponsive (i) if it does not constitute an unambiguous
offer to enter into a contract with the State, or (ii) if it imposes conditions inconsistent with, or does not unambiguously
agree to, the solicitation's material requirements. (b) Bid as Specified. Offers for supplies or services other than those
specified will not be considered unless authorized by the Solicitation. [02-2A105-3]
SIGNING YOUR OFFER (JAN 2004)
Every Offer must be signed by an individual with actual authority to bind the Offeror. (a) If the Offeror is an individual, the
Offer must be signed by that individual. If the Offeror is an individual doing business as a firm, the Offer must be submitted
in the firm name, signed by the individual, and state that the individual is doing business as a firm. (b) If the Offeror is a
partnership, the Offer must be submitted in the partnership name, followed by the words by its Partner, and signed by a
general partner. (c) If the Offeror is a corporation, the Offer must be submitted in the corporate name, followed by the
signature and title of the person authorized to sign. (d) An Offer may be submitted by a joint venturer involving any
combination of individuals, partnerships, or corporations. If the Offeror is a joint venture, the Offer must be submitted in
the name of the Joint Venture and signed by every participant in the joint venture in the manner prescribed in paragraphs (a)
through (c) above for each type of participant. (e) If an Offer is signed by an agent, other than as stated in subparagraphs (a)
through (d) above, the Offer must state that is has been signed by an Agent. Upon request, Offeror must provide proof of
the agent's authorization to bind the principal. [02-2A115-1]
STATE OFFICE CLOSINGS (JAN 2004)
If an emergency or unanticipated event interrupts normal government processes so that offers cannot be received at the
government office designated for receipt of bids by the exact time specified in the solicitation, the time specified for receipt
of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which
normal government processes resume. In lieu of an automatic extension, an Amendment may be issued to reschedule bid
opening.
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