Custom Trammel Net Boats & Trailers

COVER PAGE - PAPER ONLY (MAR. 2015)

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PAGE TWO

(Return Page Two with Your Offer)

SECTION I. SCOPE OF SOLICITATION

SECTION IIA. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

SECTION IIB. INSTRUCTIONS TO OFFERORS - B. SPECIAL INSTRUCTIONS

SECTION III. SCOPE OF WORK/SPECIFICATIONS

SECTION IV. INFORMATION FOR OFFERORS TO SUBMIT

SECTION V. QUALIFICATIONS

SECTION VI. AWARD CRITERIA

SECTION VIIA. TERMS AND CONDITIONS - A. GENERAL

SECTION VIIB. TERMS AND CONDITIONS - B. SPECIAL

SECTION VIIC. TERMS AND CONDITIONS -

SECTION VIII. BIDDING SCHEDULE/PRICE-BUSINESS PROPOSAL

SECTION IX. ATTACHMENTS TO SOLICITATION

P SECTION I. SCOPE OF SOLICITATION

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SCOPE OF SOLICITATION

IMPORTANT NOTICE: PLEASE NOTE THAT IF YOUR RESPONSE INCLUDES ADDITIONAL TERMS AND CONDITIONS, takes exception to any terms or conditions listed herein, OR IF YOU qualify your response in any way, for example WITH STATEMENTs LIKE: "THIS IS NOT AN OFFER", YOUR RESPONSE WILL BE Determined NON-RESPONSIVE AND ELIMINATED FROM FURTHER CONSIDERATION.

ACQUIRE SUPPLIES / EQUIPMENT (JAN 2006)

The South Carolina Department of Natural Resources (SCDNR) is soliciting quotes from qualified vendors for three custom trammel net boats in accordance with all requirements and specifications stated herein.

MAXIMUM CONTRACT PERIOD - ESTIMATED (MODIFIED)

Start date: 11/3/2026

End date: 06/30/2027

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".

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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: (b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. [02-2A005-1]

AUTHORIZED AGENT (FEB 2015)

All authority regarding this procurement is vested solely with the responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the only government official authorized to bind the government with regard to this procurement or the resulting contract. [02-2A007-1]

AWARD NOTIFICATION (MAR 2024)

Notice regarding any award, cancellation of award, or extension of award will be posted at the location and on the date specified on the Cover Page or, if applicable, the most recent notice of extension of award. Should the contract resulting from this Solicitation have a total or potential value more than one hundred thousand dollars, such notice will be sent electronically to all Offerors responding to the Solicitation. Unless a written notice of intent to protest is timely filed pursuant to Section 11-35-4210(1)(b) or the award is otherwise suspended or canceled, the award will be effective on the calendar day (including weekends and holidays) immediately following the seventh business day after such notice is given. [02-2A010-3]

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]

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAR 2024)

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

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

(i) Those prices;

(ii) The intention to submit an offer; or

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

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

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

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

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

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

(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification.

Page 9

(c) If the offeror deletes or modifies paragraph (a)(2) of this certification, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. [02-2A032-1]

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)

(a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-

(i) Offeror and/or any of its Principals-

(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency;

(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any public (Federal, state, or local) entity.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

(b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award, Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the 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:

The South Carolina Regulations are available at:

[02-2A040-2]

DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (JUL 2023)

("OCI FAQ for Contractors" is available at www.procurement.sc.gov) (a) You certify that, 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 a significant 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]

ORGANIZATIONAL CONFLICT OF INTEREST (JUL 2023)

(a) The Contractor agrees to immediately advise the Procurement Officer if an actual or potential organizational conflict of interest is discovered after award, and to make a full written disclosure promptly thereafter to the Procurement Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Procurement Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(b) The State may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. Contractor's failure to include an appropriate termination for convenience clause in any subcontract shall not increase the obligation of the State beyond what it would have been if the subcontract had contained such a clause.

(c) The disclosure required by paragraph (a) of this provision is a material obligation of the contract. If the Contractor knew or should have known of an organizational conflict of interest prior to award, or discovers an actual or potential conflict after award, and does not disclose, or misrepresents, relevant information to the Procurement Officer, the State may terminate the contract for default. [07-7A054-1]

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]

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 (MAY 2024)

(a) If you are aggrieved in connection with the solicitation or award of the contract, you may be entitled to protest, but only as provided in Section 11-35-4210. To protest the solicitation or an amendment, your written protest must be received within fifteen Days of the date the applicable solicitation document is issued. To protest an award, (i) written notice of your intent to protest must be received within seven Business Days of the date the award notice is posted, and (ii) your actual written protest must be received within fifteen Days of the date the award notice is posted. Time periods are computed in accordance with Section 11-35-310(13) and the definitions for Day and Business Day. Both protests and notices of intent to protest must be received by the appropriate Chief Procurement Officer (CPO). See clause entitled "Protest-CPO." (b) Pursuant to Section 11-35-410, documents directly connected to a procurement activity may be available within five days after request. All document requests should be directed to . 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 [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]

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]

All questions must be submitted in writing and received by the Procurement Officer for this solicitation no later than the date and time listed on Cover Page One.

Email is the required method for submitting questions to the procurement officer. Title the "Subject Line" of your email, "Questions 5400030278" Do not place your questions in tables. Email: .

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):

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. If state offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule the conference. Useful information may be available at:

[02-2A120-3]

DISCLOSURE OF YOUR BID / PROPOSAL and SUBMITTING CONFIDENTIAL DATA (FEB 2021)

(a) According to Section 11-35-410, any person submitting a document in response or with regard to any solicitation or other request must "comply with instructions provided in the solicitation for marking information exempt from public disclosure. Information not marked as required by the applicable instructions may be disclosed to the public." IF YOU IDENTIFY YOUR ENTIRE RESPONSE AS EXEMPT FROM PUBLIC DISCLOSURE, OR IF YOU DO NOT SUBMIT A REDACTED COPY AS REQUIRED, THE STATE MAY, IN ITS SOLE DISCRETION, DETERMINE YOUR BID OR PROPOSAL NONRESPONSIVE AND INELIGIBLE FOR AWARD. (b) By submitting a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every page, or portion thereof, of every document regarding this solicitation or request that was submitted at any time prior to entering into a contract (including, but not limited to, documents contained in a response, documents submitted to clarify a response, and documents submitted during negotiations), unless the page, or portion thereof, was redacted and conspicuously marked "Trade Secret" or "Confidential" or "Protected", (2) agrees that any information not redacted and marked, as required by these bidding instructions, as a "Trade Secret" is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that, notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other financial figures used to determine the award, as well as the final contract amount, are subject to public disclosure. (c) If your offer includes any information that you claim is exempt from public disclosure, you must submit one complete copy of your offer from which you have removed or concealed such information (the redacted copy). Except for the information removed or concealed, the redacted copy must be identical to your original offer. (d) Do not mark your entire response (bid, proposal, quote, etc.) as confidential, trade secret, or protected. If only portions of a page are subject to some protection, do not redact the entire page. The redacted copy must reflect the same pagination as the original and show the empty space from which information was redacted. The Procurement Officer must be able to view, search, copy and print the redacted copy without a password. If your response, or any part thereof, is improperly marked as confidential or trade secret or protected, the State may, in its sole discretion, determine it nonresponsive. (e) On the redacted copy, you must identify the basis of your claim by marking each redaction as follows: You must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that you redacted and claim as exempt from public disclosure because it is either (1) a trade secret as defined in Section 30-4-40(a)(1) of the Freedom of Information Act, or (2) privileged and confidential, as that phrase is used in Section 11-35-410. You must separately mark with the words "TRADE SECRET" every page, or portion thereof, that you redacted and claim as exempt from public disclosure as a trade secret pursuant to Section 39-8-20 of the Trade Secrets Act. You must separately mark with the word "PROTECTED" every page, or portion thereof, that you redacted and claim as exempt from public disclosure pursuant to Section 11-35- 1810. All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text. (f) In determining whether to release documents, the State will detrimentally rely on your redaction and marking of documents, as required by these bidding instructions, as being either "Confidential" or "Trade Secret" or "Protected". By submitting a response, you agree to defend, indemnify and hold harmless the State of South Carolina, its agencies, officers and employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney's fees, arising out of or resulting from withholding information by the State of South Carolina or any of its agencies, that you have redacted or marked as "Confidential" or "Trade Secret" or "Protected". (All references to S.C. Code of Laws.) [02-2A125-3]

SUBMITTING A PAPER OFFER OR MODIFICATION (MAR 2015)

Unless specifically instructed otherwise in the solicitation, you should submit your offer or modification in accordance with the clause titled "ON-LINE BIDDING INSTRUCTIONS." 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. [02-2A130-2]

VENDOR REGISTRATION MANDATORY (MAY 2024)

You must have a state vendor number to be eligible to submit an offer. To obtain a state vendor number, visit www.procurement.sc.gov and select Doing Business with Us.

Then select New Vendor Registration. (To determine if your business is already registered, go to "Vendor Search"). Upon registration, you will be assigned a state vendor number.

Note that your vendor registration submission may take up to 30 days to process due to high numbers of registrants. Vendors must keep their vendor information current. If you are already registered and know your User ID and Password, you can update your information by selecting Update Vendor Registration.

If you need to update information but do not have your User ID/Password, you must complete a new vendor registration and On Step 9 - Messages to Administration indicate "Update vendor number" with your existing 10-digit vendor number. (Please note that vendor registration does not substitute for any obligation to register with the S.C. Secretary of State or S.C. Department of Revenue. You can register with the agencies at South Carolina Business One Stop, ) [02-2A145-2]

Registration may take up to 60 days. For assistance with Vendor Registration, please contact: (803) 737-0600 or

WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)

Offers may be withdrawn by written notice received at any time before the exact time set for opening. If the Solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for opening. 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. The withdrawal and correction of Offers is governed by S.C. Code Section 11-35-1520 and Regulation 19-445.2085. [02-2A150-1]

SAP

II. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS

ON-LINE BIDDING INSTRUCTIONS (MODIFIED)

(a) Mandatory Registration. You must register before you can submit an offer online via SCEIS (SRM)! See clause entitled "VENDOR REGISTRATION MANDATORY."

(b) Steps for On-Line Bidding

1. The link provided on the solicitation's Cover Page will take you to our web-based on-line bidding system, where you will enter and/or upload your offer.

2. Follow the general user instructions posted at www.procurement.sc.gov , Doing Business With Us, Submitting Offers; Electronic Bid Submission (SRM login)

3. Confirm your offer has a status of "submitted" by refreshing the "RFx and Auctions" screen.

Only offers with a status of "submitted" have been received by the State.

Offers with a status of "saved" have not been received.

4. Save or print a copy of your offer using the "Print Preview" button after your offer has been submitted.

If you encounter problems submitting your bid, you must contact SCEIS directly.

contact the SCEIS Service Desk at (803) 896-0001 (select option 1 for SCEIS help); or,

submit a SCEIS Service Desk Vendor Ticket Form: http://www.sceis.sc.gov/vendorrequests/

If you have trouble entering your offer, call the SCEIS Help Desk and follow up with email. SCDNR is not able to assist you in submitting your offer. It is STRONGLY recommended that if you choose to enter your bid online, do so several days prior to the bid opening date and time in the event you encounter issues.

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 . 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)] [02-2B111-1]

PREFERENCES - SC/US END-PRODUCT (SEP 2009)

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 (Sep 2009)" provision. [02-2B112-1]

PREFERENCES - RESIDENT VENDOR PREFERENCE (SEP 2009)

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). [02-2B114-1]

RESPONSIVENESS - CORRECTION OF NON-CONFORMITY (MAR 2024)

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. [02-2B127-1]

PROTEST - CPO - MMO ADDRESS (Modified)

Any protest must be addressed to the Chief Procurement Officer, Materials Management Office, and submitted in writing

(a) by email to ,

(b) or by post or delivery to 1333 Main Street, Suite 700 Columbia SC 29201

UNIT PRICES REQUIRED (JAN 2006)

Unit price to be shown for each item. [02-2B170-1]

III. SCOPE OF WORK/SPECIFICATIONS

The South Carolina Department of Natural Resources (SCDNR) is soliciting quotes from qualified vendors for three custom trammel net boats in accordance with all requirements and specifications stated herein.

The SCDNR Marine Resources Division (MRD) seeks to replace its current fleet of trammel net vessels required to conduct the Estuarine Finfish Section's long-term trammel net survey across coastal South Carolina. The boats will be used to collect data on estuarine finfish and coastal shark populations to inform management decisions and to monitor fish community health throughout South Carolina estuarine environments. Trammel net boats are necessary to standardize date collection throughout the state and ensure personnel safety in an inherently dangerous occupation.

The successful vendor will be required to produce and deliver three trammel net boats by May 14th, 2027. Note, cost should include associated fees with rigging a 90 hp Yamaha 4-stroke engine provided by the SCDNR and delivered to manufacturing site. Engine will be purchased separately (see below) and delivered as we are required to purchase them from our state contract vendor. Final vessel design and specifications will be finalized before initial build through consultation with representatives from the SCDNR Estuarine Finfish Section as these are fully custom-built boats designed to meet the needs and continued reproducibility of the SCDNR trammel net survey.

General Design Specifications (Figure 1):

Hull Style & Dimensions:

Style: Florida Trammel Net Boat / Tremblay Boat

Design generally based on current Boat #1 specifications, if slightly enlarged (see below)

Length Overall (LOA): 24' (288") (Acceptable range: 23.5' to 24.5' (282" to 294"))

Beam Overall: 8'6" (102") (Acceptable range 100 to 102")

Maximum trailer load width in the US is 8'6" without labelling Wide Load

Chine Breadth: 6'7.5" (79.5") (Acceptable Range 6'7" to 6'9.5" (79-81.5"))

Total Depth: 2'3" (27") (Acceptable Range: 24-27")

Demi-hull Breadth: TBD based on final tunnel width

Range (based on acceptable tunnel widths): 1'9.75" to 2'3.75" (21.75" to 27.75")

Based on preferred tunnel width (see below), would be ~2'0.75" (24.75")

Draft: 6" (Acceptable range: 4-10")

Gunwale Dimensions

Width: 6"

Height: 1'1" (13") (Acceptable Range 11.5-13")

Tunnel Dimensions

Width: Preferred = 2'6" (30") (Acceptable Range: 2' to 3' (24" to 36"))

Wider end of acceptable range preferred to accommodate raised bunks on trailer that fit inside tunnel but outside engine foot (~14" minimum clearance; prefer 0.5' to 1.0' additional space) to act as trailering guide on each side of foot

Height: 3"

Designer question - Any improvement/reason for having greater height? Open to having deeper tunnel if would improve cavitation and/or lighten vessel without impacting structural integrity.

Foredeck Dimensions

Outer Length: 7'4" (88") (Acceptable Range: 82"-94")

Guidance/expertise appreciated from designer/vendor with regards to weight distribution and maximizing aft-deck/net well and mid-deck/cockpit sole dimensions as this is where the primary space is needed on the vessel

Inner Length: TBD based on bow flare based on consultation with vessel designer/vendor

Based on current trammel boat # 1, targeting 6' (72") though acceptable range would likely be from 5' to 7' (60" to 84")

Maximum Outer Width: Preferred BOA width (Acceptable Range: 7'10.5" to 8.5" (94.5" to 102"))

Maximum Inner Width: TBD based on gunwale flare and height

Best estimate of range: 7'6" to 8' (90 to 96")

Minimum Width: TBD based on bow flare and gunwale height, but targeting 1' (12")

Rise: 5.5" (Acceptable Range: 5-7")

Mid-Deck / Cockpit Sole Dimensions

Length: 10'5" (125") (Acceptable Range: 10' to 10'6" (120 to 126"))

Width @ Gunwale Height: BOA

Width @ Deck Height: TBD based on final gunwale flare and height

Best estimate based on preferred measurements is ~ 7'7" (91") (Acceptable Range: 7'4" to 7'10" (88-94"))

Width Outside Motor Well: TBD based on tunnel width, though with preferred tunnel width of 2'6" (30") would be ~2'5" (29")

Potential Range: ~2'2" to 2'8" (26" to 32")

Gas Tank Platform Dimensions

Length: 1'8" (20") (Acceptable Range: 1'7.5" to 1'10" (19.5" to 22"))

Width: BOA

Rise: Gunwale Height

Outboard Well Dimensions

Length: 3'8" (44")

Width: TBD based on final tunnel width or wider

Preferred: 2'6" (30")

Acceptable: 2' to 3' (24" to 36")

Aft-Deck / Net Well Dimensions

Outer Length: 4'7" (55")

Inner Length: 4' (48")

Outer Width: BOA

Inner Width: mid-deck /cockpit sole width @ deck height

Outboard Well Box: The bid should include the construction of an outboard well box to be placed aft of the installed outboard (see examples in Figures 2-4)

Construction: all fiberglass or wood/fiberglass construction

Easily removable to facilitate better access to the engine foot from the deck while on the water to remove obstructions entangling prop (e.g., net materials)

Fit into a channel with appropriate latches to keep it in place

Designed to make the box as water tight as possible

Canvas shroud that can be easily attached and removed from the forward edge of the outboard well box to act as a splash guard (see Figures 1, 2 & 3)

Current shroud is installed in a groove and fastened via Velcro to the top/sides of the outboard well box

Prop guards (Stainless Steel / Aluminum) must be installed on hull in outboard well to protect fiberglass but still allow boat function

Successful vendor should consult with SCDNR for final design

Laminate Schedule: Fiberglass construction over 20 lb density composite board decks, rails and stringers:

Skin: 1.5 oz

Bottom: 2 layers of 24 oz woven

Starboard and Port Sides: 1 layer of 24 oz woven

All woven to be bedded in a 1.5 oz layer of chop with a layer of 1.5 oz chop covering top of woven

Stringers and transom to be installed with 2 layers of 24 oz woven with chop between layers

Exterior finish: 22 mils gelcoat, color off-white

Interior finish: 22 mils gelcoat with droplet splatter finish all over, color gray

Note other construction techniques differing from those specified here may be used if the designer/solicitor can prove it is of an equal or superior build quality

Fuel Tank Specifications:

Capacity: 16-30 gallons

Final capacity to be determined based on final boat design, consultations with successful designer/vendor, and weight considerations

Material: Cross-linked Polyethylene Tank

Fuel Port most be raised above the height of the fuel platform to reduce probability of water intrusion from rain/deck splash

Fuel vent must have stop system in-place / in-line to prevent fuel spillage while trailering or on hot days

Helm Specifications:

Primary Design Option

Location: Attached to bow (see Figure 5)

Materials: Fiberglass

Design Considerations

Open hatch/access to allow three-point harness to be attached and deployed for boat hoist use

Built-in dry storage with covered front

Storage area for battery / fire extinguisher

Fiberglass front for installed flush mount VHF radio & GPS

Flared design matching bow to protect operator from overspray

Operator leaning post

Secondary Design Option

Location: Over & Aft of Outboard Well (see Figure 6)

Preferably with a raised platform to aid occupant visibility

Materials: Stainless Steel or Fiberglass

Design Considerations

Built-in dry storage with covered front

Not so high to obstruct three-point harness to be attached and deployed for boat hoist use

Storage Area for battery /fire extinguisher

With design, still need to ensure easy access to engine foot for obstruction removal

Operator leaning post or seat

Built-In Storage

Primary Helm Option:

Built-in storage box/hold along port rail between outboard well and gunwale (see Figure 7 for current movable example)

Approximate dimensions: 48" x 24" x 24" (length x width x depth)

Through box drain side mount draom

Screwed drain access from aft side

Secondary Helm Option:

Built-in storage box/holds along bow gunwales & on the foredeck

Approximate Dimensions

Port Gunwale: 36" x 12" x 12" (length x width x depth)

Floor Mount Center to Center-Aft of Foredeck: 48" x 36" x 36" (length x width x depth)

Hatch facing bow; hinged on back

Through box drain (side mount)

Screwed drain access from aft side of port gunwale storage/hold

Screwed drain access from aft & starboard side of center-aft hold

Successful vendor will consult with SCDNR regarding final placement and size prior to installation

Materials: Fiberglass Construction with hinged openings and locking closed

Additional Specifications:

Self bailing mid-deck / sole deck and aft-deck / net well with 4 ports (2 starboard/2 port) in sole deck and 2 ports (1 starboard/1 port) in net well

Boat must posses a ventilated bilge

Reenforced fiberglass / starboard protection installed along forward edge of gas tank platform along port side to protect area from push-pole damage (see Figure 8)

3-sided Sash weight well installed along forward edge of gas tank platform with approximate internal dimensions of 5" x 30" x 13" (length x width x depth)

Depth should be gunwale / gas tank platform height

Bottoms and sides should be constructed of reenforced fiberglass (i.e., extra thick)

Note slant of outboard well forward (see Figures 4, 5 & 8). This is required to provide adequate access for mounting of the outboard engine within outboard well. For structural purposes, if transom mount for outboard must be taller than foredeck, that is acceptable.

Outboard Well: Must be sized to accept a Yamaha 115 HP 4-stroke, 1.8 L (1832 cc) in-line 4-cylinder engine (Motor to be provided by SCDNR and drop-shipped to successful vendor for proper installation/rigging. Motor cost should not be included in bid price.)

HP Requirement: Must be rated to accept a Yamaha 115 HP 4-stroke, 1.8 L (1832 cc) in-line 4-cylinder engine (Motor to be provided by SCDNR and drop-shipped to successful vendor for proper installation/rigging. Motor cost should not be included in bid price.)

SCDNR may provided either a (based on consultation with builder)...

Yamaha 90 HP 4-stroke

Weight: 353 lbs w/ 20" shaft

Displacement: 1832 cc (1.8L)

Yamaha 115 HP 4-stroke

Weight: 377 lbs w/ 20" shaft

Displacement: 1832 cc (1.8L)

When delivered, the engine will be delivered with a tach/throttle. These should be installed with rigging. Successful vendor will need to purchase other equipment necessary for rigging, including, but not limited too, throttle cables, steering wheel and helm, Sea Star / Bay Star system including lines, etc.

3 Stainless Steel, Reenforced, Stainless Stell Back Plated Lifting Eyes: Bow, Port, and Starboard near fuel tank bulkhead

Bow lifting eye must be independent of trailer winch eye

Raised front deck (see current boat specifications below)

Deck plates for motor bolt access and hull access

Helm steering cables and associated rigging should be ran under deck in the hold

A single bow mounted cleat

Stainless Steel/Galvanized Rub Rail installed along port/starboard gunwales

Stainless Steel/Galvanized Tap Plate installed along starboard gunwale near bow mounted helm or on bow mounted helm itself

Flush gunwales with limited to no snag hazards. Must occur aft of mid-deck / cockpit sole to reduce net snagging hazard

Accessories Requirements:

During rigging, we also require installation of several accessories for the helm these include (note, where models are provided, vendor can proposes alternative models of equal or greater capability):

Perko switch and associated fuse board

Running/navigation and anchorage/all-around lights. All around light should be installed on center console

VHF Radio (Proposed Model: GX1410GW Eclipse 25W Fixed Mount VHF/GPS Radio () with associated external antenna (3-5') to optimize range capability

Flush mounted and wired on console.)

GPS/Chart Plotter (Proposed Model: GO9 XSE Multifunction Display with C-MAP Discover Charts ()

Flush mounted and wired on console

Transducer not required

Appropriately sized bilge pump plumbed out on front 1/3 of vessel

Access port positioned above for continued maintenance

Wired to console with a toggle switch

Electrical Requirements:

All electrical circuit systems shall be in accordance with ABYC-E9 Standards in-lined fused protected or breaker circuit protected with switch activated on and off mounted on console. All switches shall be properly labeled for operator identification. All electrical connections shall be crimped and heat shrunk for corrosion protection. All connectors shall be Marine Grade. Tinned Cooper or equivalent marine grade wiring for all rigging.

Outboard Motor Drop Shipment to Vendor:

This boat will require installation of a Yamaha 90HP 4-Stroke, 1.8L (1832 cc) in-line 4-cylinder outboard motor. The motor will be purchased and drop shipped to the successful vendor to be installed and tested for proper operation. This is required, as we (SCDNR) are required to purchase engines through State Contracts. Vendor will be responsible for properly installing all engine, engine components, and accessories. Vendor will be responsible for providing a properly pitched stainless steel propeller and any additional materials needed for the complete installation of engine. Vendor will exercise care in the installation of the outboard motor to insure a thoroughly workmanlike manner in accordance with the best modern practice as demonstrated and adhered to in the marine industry.

Trailer Requirements:

Successful vendor shall provide a properly fitted tandem axle, galvanized boat trailer with:

Easy glide bunk covers

All Tires Load Range D rated to 65 PSI

Full-Size Mounted Spare Tire

Trailer Mounted Submersible LED Lights

Bunk placement to...

Ensure clearance under load and under driving conditions between trailer fenders and bottom of the vessels hull

Spacing and height adjustment of bunks such that inner bunks act as a guide for the loading/unloading of the vessel by fitting within the tunnel width but wide enough that it does not interfere with the engines foot/prop

Current Vessel Design:

Currently, the SCDNR Estuarine Finfish Research Section possesses three ageing trammel net vessels (Florida Net Boat or Tremblay Design). The new vessel design is based on these vessels, with several modifications to improve vessel safety and performance based on our experience with the current vessels. Note, the final rigged vessel weight must be less than 2 tons to facilitate its hoisting via the SCDNR Marine Resources Division Boat Hoist located at their main office. Note, specifications provided above are expected for the current vessel design.

Here are some key measurements for the current vessels (see Figures 1 to 6 for pictures of current vessel "trammel net boat #1; all measurements are approximate):

Package Requirements:

It is the intent of this specification that the successful boat vendor be responsible for delivering to the specified delivery point a fully rigged boat, motor (motor to be drop shipped to successful vendor), and trailer. The complete rig must be properly adjusted for fit, engine and boat tested, and all accessories installed (no missing parts) unless specified otherwise. Any other offering or shipment missing parts will be rejected at delivery.

Note:

All boats to be manufactures in accordance with U.S. Coast Guard standards. In addition, all construction shall comply with the American Boat and Yacht Council recommended practices for small watercraft. A certification statement of compliance from the bidder may be required upon request.

Manufacturer's statement of origin (MSO) must be submitted prior to or at delivery at the delivery point specified herein. Non-receipt of MSO at delivery will result in refusal of shipment.

All boats offered to the state must have provisions for warranty and service.

Offers to the State utilizing standard production models normally offered to the recreational user with standard manufactured features or equipment offered at no additional cost to the user will also be provided to the State even though standard features were not identified in the solicitation.

No alteration of the requirements of this solicitation will be allowed. Alterations, additions, and changes made without specific approval of the Procurement Office will result in non-payment

Rigging:

Rigging is to be performed by the successful vendor. The vendor shall furnish and provide any and all labor and other materials required to complete the job which includes and is not limited to:

Install engine and propeller in full compliance with the engine manufacturer's recommendations. All transom holes drilled for engine installation must be thoroughly sealed from moisture. The pitch of propeller is to be determined by water testing for proper boat and engine performance.

Install, mount and adjust controls and linkages as per engine manufacturer's recommendations.

Install battery or batteries and battery boxes, isolator switch and all required electrical hookups

Install gauges and all required wiring in accordance with specifications provided and identified in this solicitation.

Fit and adjust boat to the trailer and secure all tie downs

Water test boat and engine. Tests to include all operational and performance features. Adjust and correct any deficiencies

Successful vendor will provide a signed statement and checklist with each boat delivered indicating that the boat's performance and operational features have been thoroughly checked an are in the first class operational condition and the name and date of the individual conducting the water test. The Department may also water test boat before accepting delivery.

Boat to be washed and cleaned before delivery

Bidding Schedule:

See Bidding Schedule to insert pricing [03-3005-01]

Delivery Date: Delivered by May 14, 2026

Unless otherwise specified herein, SCDNR would like all items delivered no later than May 14th, 2027 Note, solicitation can be cancelled if delivery does not occur prior to June 30, 2027.

Delivery / Performance Location

After award, all deliveries shall be made and all services provided to the following address, unless other specified:

SCDNR Marine Resources Division

ATTN: Joseph C. Ballenger, Brock Renkas, & Alex Michaeli

217 Fort Johnson Road

Charleston, SC 29412

Marine Standards & Regulations:

All work shall comply with all State and Federal laws, ordinances and regulations governing the marine industry. These requirements supplement the specifications and shall take precedence in case of conflict. All materials and equipment shall be new and shall comply with the applicable standard in every case where such a standard has been established for the particular type of material or equipment in question.

Operational Manuals:

Unless otherwise specified, contractor shall provide one operational manual for each item acquired. [03-3055-01]

Quality: New

All items must be new

Payment

SCDNR will pay with net thirty (30) day terms, with the first day of this period beginning with the State's proper receipt of the invoice. All invoices will contain SCDNR's authorized purchase order number and will be submitted electronically by email to: . Contractor may submit invoice for each completed delivery made. All invoices must be reviewed and approved by SCDNR receiving personnel.

Figure 1: Diagrams of the proposed custom-built vessel from a top-down (top) and stern (bottom) view. Depicted are some key measurements as provided in the design specifications. Note, the biggest uncertainty is the shape/curvature of the bow of the vessel and where the curvature begins along the mid-deck / cockpit length/sole or foredeck. In the current vessel, the curvature begins at approximately just aft of the foredeck rise. As in the current trammel boat #1 we anticipate having open area under the 6" gunwales along all sides, hence the deck width/length undercuts the gunwales. Not depicted in the top panel is the custom, fiberglass box requested to be built-in along the port rale from the foredeck rise aft in the space between the motor well.

Figure 2: Starboard side view SCDNR's trammel net survey current trammel boat #1. Visible are the custom installed helm on the forward deck, outboard well forward of mid-ship with currently installed 90 hp Yamaha, the general side profile of the vessel, along with some installed PVC near the top of the gunwale to try and deflect spray from heavier seas. Also visible is the top of a plywood box custom built to cover the back half of the outboard well along with custom canvas to reduce engine spray into the vessel.

Figure 3: Bow (left) and stern (right) views of SCDNR's current trammel boat #1 as shot while standing on outboard well box mounted just aft of outboard mounted in outboard well. For the bow view, one can clearly see the current after build installed helm and leaning post just forward of outboard well and the 5.5" forward deck step-up. Also visible just forward of the helm near the deck is coiled wire attached to the bow reinforced lifting eye for the three-point lifting harness (the cable that is visible). For the stern view, most of the mid-deck / cockpit length/sole, followed aft by the gas tank platform (with raised fill cap for gas tank) and aft-deck / net well (covered by plywood). Note the lifting eyes on the forward edge of the gas tank platform on both the starboard and port side, currently with carabiners hooked to the plywood net well cover.

Figure 4: View from stern to bow (left) and bow to stern (right) of SCDNR's current trammel boat #1 showing oblique angles of the foredeck, mid-deck / cockpit deck/sole, aft-deck / net well, and outboard well. Note, though difficult to observe in the photos, there are four self-bailing sole deck ports at deck level and there are additional self-bailing ports in the aft-deck / net well area near the stern. Note, for the new build we would like to have reinforced backing on the port side fuel tank platform wall (see starboard currently installed) as well as a narrow center, port side reinforced "box" for housing the sash weights of the nets. This should be re-enforced so that as weights are being placed in it and dropped to the deck, the deck is not damaged. The left image provides the best view of the current custom outboard well box cover we built to reduce engine spray into the sole area. The new vessel should have a removable fiberglass encased outboard well box of similar design to serve the same purpose, though it must be removable and placed in sealed tracks so that it can be removed in case we need top-side access to the engine foot.

Figure 5: Representative examples of preferred bow mounted helm.

Figure 6: Representative examples of secondary over outboard well helm.

Figure 7: Built-in storage box would replace this removable fiberglass box currently being used by the survey. Maximum length and depth would be 48" and 24", respectively. Width could vary from the current 22" inner dimension to the full width of the space between the gunwale and outboard well, with the larger the better. Only constrain is it must be easily opened.

Figure 8: Currently installed reenforced starboard along fuel tank area forward edge along starboard side to protect the fiberglass in this area from the push poles. Note just center of this area we would propose installing a narrow fiberglass/wood well (3-sided; open top) to place net sash weights to protect the deck. Approximate internal dimensions of sash weight well would be 5" x 30" x 10" (length (stern to bow) x width (port to starboard) x depth).

Figure 9: Oblique bow to stern view (left) and underside bow to stern view (right) of the SCDNR's trammel net boat #1. For the left image, one can clearly see the only cleat on the entire boat located at the center of the bow as well as a metal plate installed for banging a noise stick along the starboard bow rail, the fuel/water separator installed along the port rail just aft of the foredeck rise under the gunwale. For the right image, the foot of the outboard sticking out of the outboard well along with a bow to stern view of the tunnel between the bunks is visible.

Figure 10: Stern view of SCDNR's trammel boat #1 showing the tunnel and two hull drain plugs.

Figure 11: A close-up stern to bow underside view of SCDNR's trammel boat #1. This shot shows the two recessed drain plugs on either side of the tunnel, the 2' (24") wide by 3" depth tunnel for the outboard well, and the foot of the engine.

SAP

IV. INFORMATION FOR OFFERORS TO SUBMIT

INFORMATION FOR OFFERORS TO SUBMIT (MODIFIED)

Submit the following with your bid. If you submit electronically, you must upload an image of each item. Failure to submit any of the following may be grounds for bid rejection.

You are to submit all documentation uploaded in the same order the required items are listed below.

a. Signed and completed Cover Page and Page Two

b. Completed Bidding Schedule (Section VIII. Bidding Schedule)

c. Subcontractor Identification Form, if applicable

d. If required, all insurance documentation as specified in Section VII. Terms And Conditions -- B. Special; Contractor's Liability Insurance - General

[You should submit a summary of all insurance policies you have or plan to acquire to comply with the insurance requirements stated herein, if any, including policy types; coverage types; limits, sub-limits, and deductibles for each policy and coverage type; the carrier's A.M. Best rating; and whether the policy is written on an occurrence or claims-made basis].

SAP

V. QUALIFICATIONS

QUALIFICATIONS OF OFFEROR (MAR 2015)

(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. Instructions and forms to help assure acceptability are posted on , link to "Standard Clauses & Provisions." [05-5005-2]

SUBCONTRACTOR -- IDENTIFICATION (FEB 2015)

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. [05-5030-2]

Please submit the completed sub-contractor form at the end of this document if you are sub-contracting.

SAP

VI. AWARD CRITERIA

AWARD CRITERIA -- BIDS (JAN 2006)

Award will be made to the lowest responsible and responsive bidder. [06-6020-1]

AWARD TO ONE OFFEROR (JAN 2006)

Award will be made to one Offeror. [06-6040-1]

CALCULATING THE LOW BID (modified)

The lowest bid will be calculated by multiplying the unit price, after any applicable preferences are applied, by the quantity for each line item. Then all line items will be added together to determine the total bid amount.

COMPETITION FROM PUBLIC ENTITIES (JAN 2006)

If a South Carolina governmental entity submits an offer, the Procurement Officer will, when determining the lowest offer, add to the price provided in any offers submitted by non-governmental entities a percentage equivalent to any applicable sales or use tax. S.C. Code Ann. Regs 117-304.1 (Supp. 2004). [06-6057-1]

UNIT PRICE GOVERNS (JAN 2006)

In determining award, unit prices will govern over extended prices unless otherwise stated. [06-6075-1]

SAP

VII. TERMS AND CONDITIONS -- A. GENERAL

ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE (FEB 2015)

(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 officer. 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 the state shall have no obligation to make payment to an assignee until thirty days after contractor (not the assignee) has provided the responsible procurement officer 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 officer prompt written notice of such change. (c) Any name change, transfer, assignment, or novation is subject to the conditions and approval required by Regulation 19-445.2180, which does not restrict transfers by operation of law. [07-7A004-2]

BANKRUPTCY - GENERAL (FEB 2015)

(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 the Using Governmental Unit. 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 State 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 the State upon the contractor's insolvency, including the filing of proceedings in bankruptcy. [07-7A005-2]

CHOICE-OF-LAW (JAN 2006)

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, except its choice of law rules. As used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or contemplated by the solicitation. [07-7A010-1]

CONTRACT AWARDED PURSUANT TO CODE (MAR 2024):

Any contract resulting from this solicitation is formed pursuant to the South Carolina Consolidated Procurement Code and is deemed to incorporate all applicable provisions thereof and the ensuing regulations. See also clause titled "Code of Laws Available." [07-7A012-1]

CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (MAY 2024)

(a) Any contract resulting from this solicitation shall consist of the following documents: (1) a Record of Negotiations, if any, executed by you and the Procurement Officer, (2) the solicitation, as amended, (3) your offer, (4) any statement reflecting the State's final acceptance (a/k/a "award"), and (5) purchase orders. These documents shall be read to be consistent and complimentary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. (b) The terms and conditions of documents (1) through (5) above shall apply notwithstanding any additional or different terms and conditions in any other document, including without limitation, (i) a purchase order or other instrument submitted by the State, (ii) any invoice or other document submitted by Contractor, or (iii) any privacy policy, terms of use, or end user agreement. Except as otherwise allowed herein, the terms and conditions of all such documents shall be void and of no effect. (c) No contract, license, or other agreement containing contractual terms and conditions will be signed by any Using Governmental Unit. Any document signed or otherwise agreed to by persons other than the Procurement Officer shall be void and of no effect.

DISCOUNT FOR PROMPT PAYMENT (JAN 2006)

(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the state annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

[07-7A020-1]

DISPUTES (MAY 2024)

Choice-of-Forum. All disputes, claims, or controversies relating to the Agreement shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Richland County, State of South Carolina. Contractor agrees that any act by the government regarding the Agreement is not a waiver of either the government's sovereign immunity or the government's immunity under the Eleventh Amendment of the United States Constitution. As used in this paragraph, the term "Agreement" means any transaction or agreement arising out of, relating to, or contemplated by the solicitation. The government does not consent to the jurisdiction of any judicial or administrative tribunals in any other state or to any forum of alternative dispute resolution. (2) Service of Process. Contractor consents that any papers, notices, or process necessary or proper for the initiation or continuation of any disputes, claims, or controversies relating to the Agreement; for any court action in connection therewith; or for the entry of judgment on any award made, may be served on Contractor by certified mail (return receipt requested) addressed to Contractor at the address provided as the Notice Address on Page Two or by personal service or by any other manner that is permitted by law, in or outside South Carolina. Notice by certified mail is deemed duly given upon deposit in the United States mail. [07-7A025-

EFT INFORMATION (APR 2024)

The Contractor must furnish to the State Treasurer's Office information necessary for making a payment by electronic funds transfer (EFT). Additional information is available at the STO's website at (.) The Contractor is responsible for the currency, accuracy and completeness of the EFT information. Updating EFT information may not be used to accomplish an assignment of the right to payment, does not alter the terms and conditions of this contract, and is not a substitute for a properly executed contractual document. [07-7A027-2]

FALSE CLAIMS (JAN 2006)

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. [07-7A035-1]

FIXED PRICING REQUIRED (JAN 2006)

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. [07-7A040-1]

NO INDEMNITY OR DEFENSE (FEB 2015)

Any term or condition is void to the extent it requires the State to indemnify, defend, or pay attorney's fees to anyone for any reason. [07-7A045-2]

NOTICE (MAY 2024)

(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, facsimile, 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 the state shall be to the Procurement Officer's address on Page 31 the Cover Page. Either party may designate a different address for notice by giving notice in accordance with this paragraph. [07-7A050-2]

OPEN TRADE (JUN 2015)

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. [07-7A053-1]

ORGANIZATIONAL CONFLICT OF INTEREST (JUL 2023)

(a) The Contractor agrees to immediately advise the Procurement Officer if an actual or potential organizational conflict of interest is discovered after award, and to make a full written disclosure promptly thereafter to the Procurement Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Procurement Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(b) The State may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. Contractor's failure to include an appropriate termination for convenience clause in any subcontract shall not increase the obligation of the State beyond what it would have been if the subcontract had contained such a clause.

(c) The disclosure required by paragraph (a) of this provision is a material obligation of the contract. If the Contractor knew or should have known of an organizational conflict of interest prior to award, or discovers an actual or potential conflict after award, and does not disclose, or misrepresents, relevant information to the Procurement Officer, the State may terminate the contract for default. [07-7A054-1]

PAYMENT and INTEREST (FEB 2021)

(a) The State 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). See clause titled " EFT Information."

(c) Notwithstanding any other provision, payment shall be made in accordance with S.C. Code Section 11-35-45, or Chapter 6 of Title 29 (real property improvements) when applicable, which provides the Contractor's exclusive means of recovering any type of interest from the Owner. Contractor waives imposition of an interest penalty unless the invoice submitted specifies that the late penalty is applicable. Except as set forth in this paragraph, the State shall not be liable for the payment of interest on any debt or claim arising out of or related to this contract for any reason. (d) Amounts due to the State shall bear interest at the rate of interest established by the South Carolina Comptroller General pursuant to Section 11-35-45 ("an amount not to exceed fifteen percent each year"), as amended, unless otherwise required by Section 29-6-30. (e) Any other basis for interest, including but not limited to general (pre- and post-judgment) or specific interest statutes, including S.C. Code Ann. Section 34-31-20, are expressly waived by both parties. If a court, despite this agreement and waiver, requires that interest be paid on any debt by either party other than as provided by items (c) and (d) above, the parties further agree that the applicable interest rate for any given calendar year shall be the lowest prime rate as listed in the first edition of the Wall Street Journal published for each year, applied as simple interest without compounding. (f) The State shall have all of its common law, equitable and statutory rights of set-off.[07-7A055-4]

PUBLICITY (JAN 2006)

Contractor shall not publish any comments or quotes by State employees, or include the State in either news releases or a published list of customers, without the prior written approval of the Procurement Officer. [07-7A060-1]

PURCHASE ORDERS (JAN 2006)

Contractor shall not perform any work prior to the receipt of a purchase order from the using governmental unit. The using governmental unit 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. [07-7A065-1]

SURVIVAL OF OBLIGATIONS (JAN 2006)

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. [07-7A075-1]

TAXES (JAN 2006)

Any tax the contractor may be required to collect or pay upon the sale, use or delivery of the products shall be paid by the State, and such sums shall be due and payable to the contractor upon acceptance. Any personal property taxes levied after delivery shall be paid by the State. It shall be solely the State'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 the State to contractor, contractor shall be liable to the State 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. [07-7A080-1]

TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)

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. [07-7A085-1]

THIRD PARTY BENEFICIARY (JAN 2006)

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. [07-7A090-1]

WAIVER (JAN 2006)

The State does not waive any prior or subsequent breach of the terms of the Contract by making payments on the Contract, by failing to terminate the Contract for lack of performance, or by failing to strictly or promptly insist upon any term of the Contract. Only the Procurement Officer has actual authority to waive any of the State's rights under this Contract. Any waiver must be in writing. [07-7A095-1]

SAP

VII. TERMS AND CONDITIONS -- B. SPECIAL

CHANGES (JAN 2006):

(1) Contract Modification. By a written order, at any time, and without notice to any surety, the Procurement Officer 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 the [State] 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. Any adjustment in contract price made pursuant to this clause shall be determined in accordance with the Price Adjustment Clause of this contract. Failure of the parties to agree to an adjustment shall not excuse the contractor from proceeding with the contract as changed, provided that the State 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 Officer 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 the State 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.

[07-7B025-1]

CISG (JAN 2006)

The parties expressly agree that the UN Convention on the International Sale of Goods shall not apply to this agreement. [07-7B030-1]

COMPLIANCE WITH LAWS (JAN 2006)