Vinyl Window Replacement

Solicitation Type Fix Priced Bid
Solicitation Number FPB 26002-JD
Date Issued July 8, 2026
Procurement Officer James P de Luca, CPPO
Phone 843-953-6861
E-Mail Address jdeluca@citadel.edu
DESCRIPTION: The Citadel seeks a vendor to supply and install new vinyl replacement windows and
covering of soffit and fascia with aluminum coil stock on The Citadel campus. This contract will be for one (1)
year with four (4) options to renew.
The Term "Offer" Means Your "Bid" or "Proposal". Your offer must be submitted in a sealed package. Solicitation
Number & Opening Date must appear on package exterior. See "Submitting Your Paper Offer or Modification"
provision.
SUBMIT YOUR SEALED OFFER TO THE BELOW ADDRESS
MAILING ADDRESS: PHYSICAL ADDRESS:
The Citadel The Citadel
Procurement Services Procurement Services
3 Lee Avenue, Bond Hall 3 Lee Avenue, Bond Hall
2nd Floor, Suite 244 2nd Floor, Suite 244
Charleston, SC 29409 Charleston SC 29409
SUBMIT OFFER by: Wednesday, August 5, 2026, at 2:00 PM (See "Deadline For Submission Of Offer" provision)
NUMBER OF COPIES TO BE SUBMITTED: One (1) paper copy and One (1) electronic copy on a thumb drive.
QUESTIONS MUST BE RECEIVED BY: Wednesday, July 22, 2026 at 2:00 PM (See "Questions from Offerors" provision)
All questions shall be submitted in writing to the email address of the Procurement Officer listed above by the date and time
specified and the subject line of the email shall read, "FPB 26002-JD Questions"
CONFERENCE TYPE: Site Visit Upon Request LOCATION:
DATE & TIME:
(As appropriate, see "Conferences- Pre-Bid/Proposal" & "Site Visit" provisions)
AWARD & Award is expected to be posted by Monday, August 10, 2026. The award, this solicitation, any
AMENDMENTS amendments and any related notices will be posted at the following web address:
https://www.citadel.edu/procurement/vendors-and-suppliers/solicitations/
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 sixty (60) calendar days after the Opening Date. (See "Signing
Your Offer" provisions.)
NAME OF OFFEROR (Full legal name of business submitting the offer) Any award issued will be issued to, and the contract will be
formed with, the entity identified as the Offeror. The entity
named as the offeror must be a single and distinct legal entity.
Do not use the name of a branch office or a division of a larger
entity if the branch or division is not a separate legal entity, i.e.,
a separate corporation, partnership, sole proprietorship, etc.
AUTHORIZED SIGNATURE DATE SIGNED
(Person must be authorized to submit binding offer to contract on behalf of Offeror.)
PRINTED NAME & TITLE (Name and Business title of person signing above) STATE VENDOR NO.
(Register to Obtain S.C. Vendor No. at
www.procurment.sc.gov)
TAXPAYER IDENTIFICATION NO. STATE OF INCORPORATION
(If you are a corporation, identify the state of incorporation)
Page | 1 FPB 27002-JD

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)
HOME OFFICE ADDRESS (Address for Offeror's home office / principal NOTICE ADDRESS (Address to which all procurement and
place of business) contract related notices should be sent.) (See "Notice" clause)
_________________________________________________
Area Code - Number - Extension Facsimile
_________________________________________________
E-mail Address
PAYMENT ADDRESS (Address to which payments will be sent.) (See ORDER ADDRESS (Address to which purchase orders will be
"Payment" clause) sent) (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. Amendme
Date Date Date nt Issue
Date
DISCOUNT FOR PROMPT 10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days
PAYMENT (%)
(See "Discount for Prompt
Payment" clause)
Page | 2 FPB 27002-JD

Solicitation Outline
I. Scope of Solicitation
II. Instructions to Offerors
A. General Instructions
B. Special Instructions
III. Scope of Work/Specifications
IV. Information for Offerors to Submit
V. Qualifications
VI. Award Criteria
VII. Terms and Conditions
A. General
B. Special
VIII. Bidding Schedule/Cost Proposal
IX. Attachments to Solicitation
Page | 3 FPB 27002-JD

I. SCOPE OF SOLICITATION
The Citadel seeks one or more vendors to supply and install new vinyl replacement windows and
covering of soffit and fascia with aluminum coil stock on The Citadel campus. This agreement is for
one (1) year with four (4) options to renew.
ACQUIRE SERVICES & 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]
FUNDS NOT AVAILABLE (JAN 2006): The State's obligation under this contract is contingent upon
the availability of funds from which payment for contract purposes can be made. [01-1035-1]
MAXIMUM CONTRACT PERIOD -- ESTIMATED (JAN 2006): Start date: August 25, 2026. End
date: August 24, 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]
II. INSTRUCTIONS TO OFFERORS
A. GENERAL INSTRUCTIONS
DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015)
CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE ONLY AND
SHALL NOT BE USED TO CONSTRUE MEANING OR INTENT. EVEN IF NOT CAPITALIZED,
THE FOLLOWING DEFINITIONS ARE APPLICABLE TO ALL PARTS OF THE SOLICITATION,
UNLESS EXPRESSLY PROVIDED OTHERWISE.
AMENDMENT means a document issued to supplement the original solicitation document.
AUTHORITY means the State Fiscal Accountability Authority or its successor in interest.
BUSINESS means any corporation, partnership, individual, sole proprietorship, joint stock company,
joint venture, or any other legal entity. [11-35-310(3)]
CHANGE ORDER means any written alteration in specifications, delivery point, rate of delivery, period
of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of
the parties to the contract. [11-35-310(4)]
CONTRACT See clause entitled Contract Documents & Order of Precedence.
CONTRACT MODIFICATION means a written order signed by the procurement officer, directing the
contractor to make changes which the clause of the contract titled "Changes," if included herein,
authorizes the Procurement Officer to order without the consent of the contractor. [11-35-310(9)]
CONTRACTOR means the Offeror receiving an award as a result of this solicitation.
COVER PAGE means the top page of the original solicitation on which the solicitation is identified by
number. Offerors are cautioned that Amendments may modify information provided on the Cover Page.
OFFER means the bid or proposal submitted in response this solicitation. The terms Bid and Proposal are
used interchangeably with the term Offer.
OFFEROR means the single legal entity submitting the offer. The term Bidder is used interchangeably
with the term Offeror. See bidding provisions entitled Signing Your Offer and Bid/Proposal As Offer To
Contract.
PAGE TWO means the second page of the original solicitation, which is labeled Page Two.
PROCUREMENT OFFICER means the person, or his successor, identified as such on either the Cover
Page, an amendment, or an award notice.
Page | 4 FPB 27002-JD

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 Term Contract," 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 Term Contract."
WORK means all labor, materials, equipment, services, or property of any type, provided or to be
provided by the Contractor to fulfill the Contractor's obligations under the Contract. [02-2A003-3]
AMENDMENTS TO SOLICITATION (JAN 2004): (a) The Solicitation may be amended at any time
prior to opening. All actual and prospective Offerors should monitor the following web site for the
issuance of Amendments: https://www.citadel.edu/root/procurement-vendors/solicitations (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 (MODIFIED): 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, any notice of extension of award. Should the contract resulting from this Solicitation have a
total or potential value in excess of one hundred thousand dollars, such notice will be sent electronically
to all Offerors responding to the Solicitation and any award will not be effective until the calendar day
(including weekends and holidays) immediately following the seventh business day after such notice is
given.
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 & 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
Page | 5 FPB 27002-JD

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 (MAY 2008): GIVING FALSE,
MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION MAY RENDER
YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH CAROLINA
CODE OF LAWS AND OTHER APPLICABLE LAWS. (a) By submitting an offer, the offeror certifies
that-
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting
competition, any consultation, communication, or agreement with any other offeror or competitor relating
to-
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or
indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation)
or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not
to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-
(1) Is the person in the offeror's organization responsible for determining the prices being offered in this
bid or proposal, and that the signatory has not participated and will not participate in any action contrary
to paragraphs (a)(1) through (a)(3) of this certification; or
(2)(i) Has been authorized, in writing, to act as agent for the offeror's principals in certifying that those
principals have not participated, and will not participate in any action contrary to paragraphs (a)(1)
through (a)(3) of this certification [As used in this subdivision (b)(2)(i), the term "principals" means the
person(s) in the offeror's organization responsible for determining the prices offered in this bid or
proposal];
(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this
certification have not participated, and will not participate, in any action contrary to paragraphs (a)(1)
through (a)(3) of this certification; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to
paragraphs (a)(1) through (a)(3) of this certification.
(c) If the offeror deletes or modifies paragraph (a)(2) of this certification, the offeror must furnish with its
offer a signed statement setting forth in detail the circumstances of the disclosure. [02-2A032-1]
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
Page | 6 FPB 27002-JD

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), Offeror must submit a
written explanation regarding its inability to make the certification. The certification will be considered in
connection with a review of the Offeror's responsibility. Failure of the Offeror to furnish additional
information as requested by the Procurement 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]
DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE
(APR 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]
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,
Page | 7 FPB 27002-JD

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]
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 2019): 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 a
solicitation, you must submit a protest within fifteen days of the date the applicable solicitation document
is issued. To protest an award, you must (i) submit notice of your intent to protest within seven business
days of the date the award notice is posted, and (ii) submit your actual protest within fifteen days of the
date the award notice is posted. Days are calculated as provided in Section 11-35-310(13). Both protests
and notices of intent to protest must be in writing and must be received by the appropriate Chief
Page | 8 FPB 27002-JD

Procurement Officer within the time provided. See clause entitled "Protest- CPO". The grounds of the
protest and the relief requested must be set forth with enough particularity to give notice of the issues to
be decided. [02-2A085-2]
PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015): Violation of these
restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a
violation of law.
(a) During the period between publication of the solicitation and final award, you must not communicate,
directly or indirectly, with the Using Governmental Unit or its employees, agents or officials regarding
any aspect of this procurement activity, unless otherwise approved in writing by the Procurement
Officer. All communications must be solely with the Procurement Officer. [R. 19-445.2010]
(b) You are advised to familiarize yourself with Regulation 19-445.2165, which restricts donations to a
governmental entity with whom you have or seek to have a contract. You represent that your offer
discloses any gifts made, directly or through an intermediary, by you or your named subcontractors to
or for the benefit of the Using Governmental Unit during the period beginning eighteen months prior
to the Opening Date. [R. 19-445.2165] [02-2A087-1]
PUBLIC OPENING (JAN 2004): Offers will be publicly opened at the date/time and at the location
identified on the Cover Page, or last Amendment, whichever is applicable. [02-2A090-1]
QUESTIONS FROM OFFERORS (FEB 2015): (a) Any prospective offeror desiring an explanation or
interpretation of the solicitation, drawings, specifications, etc., must request it in writing. Questions
regarding the original solicitation or any amendment must be received by the Procurement Officer no
later than five (5) days prior to opening unless an earlier date is stated on the Cover Page. Label any
communication regarding your questions with the name of the procurement officer, and the solicitation's
title and number. Oral explanations or instructions will not be binding. [See R. 19-445.2042(B)] Any
information given a prospective offeror concerning a solicitation will be furnished promptly to all other
prospective offerors as an Amendment to the solicitation, if that information is necessary for submitting
offers or if the lack of it would be prejudicial to other prospective offerors. See clause entitled "Duty to
Inquire." We will not identify you in our answer to your question. (b) The State seeks to permit
maximum practicable competition. Offerors are urged to advise the Procurement Officer -- as soon as
possible -- regarding any aspect of this procurement, including any aspect of the Solicitation that
unnecessarily or inappropriately limits full and open competition. [See R. 19-445.2140] [02-2A095-2]
REJECTION/CANCELLATION (JAN 2004): The State may cancel this solicitation in whole or in
part. The State may reject any or all proposals in whole or in part. [SC Code Section 11-35-1710 & R.19-
445.2065] [02-2A100-1]
RESPONSIVENESS/IMPROPER OFFERS (JUN 2015): (a) Bid as Specified. Offers for supplies or
services other than those specified will not be considered unless authorized by the Solicitation.
(b) Multiple Offers. Offerors may submit more than one Offer, provided that each Offer has significant
differences other than price. Each separate Offer must satisfy all Solicitation requirements. If this
solicitation is an Invitation for Bids, each separate offer must be submitted as a separate document. If this
solicitation is a Request for Proposals, multiple offers may be submitted as one document, provided that
you clearly differentiate between each offer and you submit a separate cost proposal for each offer, if
applicable.
(c) Responsiveness. Any Offer which fails to conform to the material requirements of the Solicitation may
be rejected as nonresponsive. Offers which impose conditions that modify material requirements of the
Solicitation may be rejected. If a fixed price is required, an Offer will be rejected if the total possible cost
to the State cannot be determined. Offerors will not be given an opportunity to correct any material
Page | 9 FPB 27002-JD

nonconformity. Any deficiency resulting from a minor informality may be cured or waived at the sole
discretion of the Procurement Officer. [R.19-445.2070 and Section 11-35-1520(13)]
(d) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that
it is unreasonable as to price. [R. 19-445.2070].
(e) Unbalanced Bidding. The State may reject an Offer as nonresponsive if the prices bid are materially
unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices
significantly less than cost for some work and prices which are significantly overstated in relation to cost
for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the
State even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to
allowing an advance payment.
(f) Do not submit bid samples or descriptive literature unless expressly requested. Unsolicited bid
samples or descriptive literature will not be examined or tested, will not be used to determine
responsiveness, and will not be deemed to vary any of the provisions of the solicitation. S.C. Code Ann.
Reg. 19-445.2077(D). [02-2A105-2]
SIGNING YOUR OFFER (JAN 2004): Every Offer must be signed by an individual with actual
authority to bind the Offeror. (a) If the Offeror is an individual, the Offer must be signed by that
individual. If the Offeror is an individual doing business as a firm, the Offer must be submitted in the firm
name, signed by the individual, and state that the individual is doing business as a firm. (b) If the Offeror
is a partnership, the Offer must be submitted in the partnership name, followed by the words by its
Partner, and signed by a general partner. (c) If the Offeror is a corporation, the Offer must be submitted in
the corporate name, followed by the signature and title of the person authorized to sign. (d) An Offer may
be submitted by a joint venturer involving any combination of individuals, partnerships, or corporations.
If the Offeror is a joint venture, the Offer must be submitted in the name of the Joint Venture and signed
by every participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for
each type of participant. (e) If an Offer is signed by an agent, other than as stated in subparagraphs (a)
through (d) above, the Offer must state that is has been signed by an Agent. Upon request, Offeror must
provide proof of the agent's authorization to bind the principal. [02-2A115-1]
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.
[02-2A120-3]
DISCLOSURE OF YOUR BID / PROPOSAL & 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 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),
Page | 10 FPB 27002-JD