First Aid Supplies - Fixed Price Bid

1 Greenville County Schools Procurement Department 2 Space Dr., Taylors, SC 29687-6072 Fixed Price Bid (FPB) Description: First Aid Supplies – Fixed Percent Discount Solicitation No: 224-77-4-11 Issue Date: March 14, 2024 Bids Due by: April 11, 2024 at 10:00am EDT ***Solicitation Number and Opening Date must be shown on sealed envelope*** The award, this solicitation, any amendments, and any related notices will be posted on our website - https://www.greenville.k12.sc.us/Departments/main.asp?titleid=solicitations Must Be Signed to be Valid Authorized Signature Printed Name/Title Date Company Name State Vendor No. (If Known) Mailing Address Social Security or Federal Tax No. City State Zip Phone Number Fax Number Email Address Buyer Signature and Date (District Use Only) Purchase Order Number (District Use Only) Are you a Minority Owned Vendor? ☐Yes or ☐ No SC

Certified Minority? ☐Yes or ☐No ACKNOWLEDGEMENT OF ADDENDUMS: Acknowledge receipt of amendments by initialing below (if applicable). Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. 1 2 3 4 5 6 7 Initial Initial Initial Initial Initial Initial Initial https://www.greenville.k12.sc.us/Departments/main.asp?titleid=solicitations 2 SOLICITATION TABLE OF CONTENTS SECTION I – SCOPE OF SOLICITATION SECTION II - A. GENERAL INSTRUCTIONS TO OFFERORS B. SPECIAL INSTRUCTIONS TO OFFERORS SECTION III - SCOPE OF WORK/SPECIFICATIONS SECTION IV - INFORMATION FOR OFFERORS TO SUBMIT SECTION V - AW ARD CRITERIA SECTION VI - TERMS AND CONDITIONS SECTION VII - BIDDING SCHEDULE I. SCOPE OF SOLICITATION The School District of Greenville County (District) invites interested firms to submit a SEALED BID to provide discounted pricing and deliveries of First Aid Supplies to the SDGC Warehouse located at 2 Space Drive, Taylors, South Carolina 29687 or other locations, as required during the Contract Term as noted below in accordance with the specifications and terms and conditions of this solicitation. District staff will coordinate through each school for these services on an “as needed” basis. This solicitation does not commit the District to award a contract, to pay any costs incurred in the preparation of the response to this solicitation or to procure any goods or services. PERIOD OF PERFORMANCE An award resulting from this solicitation will be for one (1) year from the date of award with the option to extend for one (1) year annually, with a potential of five (5) years in total, if agreed to by GCS and the successful proposers. The award and period of performance is valid annually and shall not exceed five (5) years in total. The contract may be awarded annually if agreed to by both parties. Solicitation Schedule Issue Date March 14h, 2024 Inquiry Deadline March 28th, 2024, at 10:00 A.M. EDT Bids Due/Public Opening April 11th, 2024, at 10:00 A.M. EDT INQUIRIES Questions or comments regarding this solicitation document or the process shall be forwarded, in writing, to Ms. Elizabeth D. McDavid, Buyer II and Ms. Tonya A. Stroud, Senior Buyer, 2 Space Drive, Taylors, South Carolina 29687. Email addresses are: emcdavid@greenville.k12.sc.us and tstroud@greenville.k12.sc.us . Inquiries and comments shall be delivered to the Procurement Department no later than March 28th, 2024, at 10:00 A.M. EDT. Verbal questions/comments shall not be addressed at any time. After the Inquiry Deadline, the District will issue an addendum to address any questions or changes. Any addenda will be posted on the Procurement Department website. Questions and comments received after the Inquiry Deadline will not be addressed. NOTE: No other District personnel or representative of the District shall be contacted regarding this solicitation or the evaluation process. Vendors that attempt to contact other District personnel or representatives or obtain information in any way other than the authorized method, which is in writing to the Procurement Officer, may have that firm’s bid rejected. mailto:emcdavid@greenville.k12.sc.us mailto:tstroud@greenville.k12.sc.us 3 II. INSTRUCTIONS TO OFFERORS A. GENERAL INSTRUCTIONS TO OFFERORS DEFINITIONS - Except as otherwise provided herein, the following definitions are applicable to all parts of the solicitation: AMENDMENT means a document issued to supplement the original solicitation document. BOARD means the Greenville County School Board of Trustees BUYER means the Procurement Officer or Procurement Department representative. 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. 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 changes clause of the contract authorizes the Procurement Officer to order without the consent of the contractor. 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. PROCUREMENT OFFICER means the person, or his successor, identified as such on the Cover Page. RESPONSIBLE Bidder means a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability, which will assure good faith performance, which may be substantiated by past performance RESPONSIVE Bidder means a person who has submitted a bid or offer, which conforms in all material aspects to the invitation for bids or request for proposals. SOLICITATION means this document, including all its parts, attachments, and any Amendments. SUBCONTRACTOR means any person having a contract to perform work or render service to Contractor as a part of the Contractor's agreement arising from this solicitation. WORK means all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations under the Contract YOU and YOUR means Offeror. AMENDMENTS TO SOLICITATION: (a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors (b) shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by letter, or (3) 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. AWARD NOTIFICATION: Notice regarding the District's intent to award a contract will be posted on the District Procurement Website – https://www.greenville.k12.sc.us/Departments/main.asp?titleid=solicitations. If the contract resulting from this Solicitation has a total or potential value in excess of fifty thousand dollars, such notice will be sent to all Offerors responding to the Solicitation and any award will be effective the day such notice is given. Should the contract resulting from this Solicitation have a total or potential value of one hundred thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation and any award will not be effective until the sixteenth day after such notice is given, once the protest period has ended. BID/ PROPOSAL AS OFFER TO CONTRACT: By submitting Your Bid or Proposal, You are offering to enter into a contract with Greenville County Schools. 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. BID ACCEPTANCE PERIOD: In order to withdraw Your Offer after the minimum period specified on the Cover Page, You must notify the Procurement Officer in writing. BID IN ENGLISH & DOLLARS: Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permitted by the Solicitation. CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS: By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that- (1) Offeror and/or any of its Principals- https://www.greenville.k12.sc.us/Departments/main.asp?titleid=solicitations 4 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)(l)(i)(B) of this provision. d) 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). a) 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. b) 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 non­responsive. c) 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. CODE OF LAWS AVAILABLE: The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at http://www.scstatehouse.net/code/statmast.htm . The South Carolina Regulations are available at: http://www.scstatehouse.net/coderegs/statmast.htm . COMPLETION OF FORMS / CORRECTION OF ERRORS: 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). DEADLINE FOR SUBMISSION OF OFFER: Any offer received after the Procurement Officer or his/her designee has declared that the time set for opening has arrived, shall be rejected, unless the offer has been delivered to the designated procurement office or the District's mail room, where confirmation can be authenticated by a third party method, prior to bid opening DISTRICT CLOSINGS: If an emergency or unanticipated event interrupts normal District processes so that offers cannot be received at the Procurement 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 the District processes resume. In lieu of an automatic extension, an Amendment may be issued to reschedule bid opening. If District offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule the conference. DISTRICT REGULATIONS: The bidder(s) and his representatives shall follow all applicable regulations while on District property, including the NO SMOKING, no weapons, and drug-free policies. No work shall interfere with school activities or environments unless an authorized employee for that location gives permission. All representatives of winning bidder must display identification tags (picture ID) at all times while on school grounds. http://www.scstatehouse.net/code/statmast.htm http://www.scstatehouse.net/coderegs/statmast.htm 5 DRUG FREE WORK PLACE CERTIFICATION: By submitting an Offer, Contractor certifies that, if awarded a contract, Contractor will comply with all applicable provisions of The Drug-free Workplace Act, Title 44, and Chapter 107 of the South Carolina Code of Laws, as amended. The successful Vendor shall not permit its personnel, representative or any subcontractor or other personnel to possess upon District property or within any vehicle transporting students and staff, any alcoholic beverages, illicit/non-prescribed drugs, tobacco products or weapons. Alcoholic beverages, illicit/non-prescribed drugs, tobacco products and weapons are not allowed on District property at any time. Any vendor related actions involving or the possession of, any of the aforementioned items while on District property may cause a cancellation of any award/agreement, at no cost to the District. Criminal charges may apply. Personnel who appear to be under the influence of any substance shall not be allowed to transport or come into contact with students or enter or remain on District property. DUTY TO INQUIRE: Offeror, by submitting an Offer, represents that it has read and understands the Solicitation and that its Offer is made in compliance with the Solicitation. Offerors are expected to examine the Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements in the Solicitation. Failure to do so will be at the Offeror's risk. Offeror assumes responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the District's attention. ETHICS CERTIFICATE: By submitting an offer, the offeror certifies that the offeror has and will comply with, and has not, and will not, induce a person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics act). The following statutes require special attention: Section 8-13-700, regarding use of official position for financial gain; Section 8-13- 705, regarding gifts to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance of public official; Sections 8-13-755 and 8-13-760, regarding restrictions on employment by former public official; Section 8-13- 775, prohibiting public official with economic interests from acting on contracts; Section 8-13-790, regarding recovery of kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342, regarding restrictions on contributions by contractor to candidate who participated in awarding of contract. The District 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. PROCUREMENT AUTHORITY: (a) All authority regarding the conduct of 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. (b) Purchasing Liability. The Procurement Officer is an employee of Greenville County Schools acting on behalf of the District pursuant to their Procurement Code. Any contracts awarded as a result of this procurement are between the Contractor and Greenville County Schools. PROCUREMENT CODE AVAILABLE: The Greenville County Schools Procurement Code, is available at https://www.greenville.k12.sc.us/Departments/main.asp?titleid=procure. PROTESTS: (a) Solicitation - Any prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitation of a contract shall protest within fifteen (15) days of the date of issuance of the applicable solicitation document at issue. (b) Intent to Award - Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract shall protest within fifteen (15) days of the date notification of award is posted in accordance with this code. A protest shall be in writing, submitted to the Director of Procurement, and shall set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided. PROTEST- ADDRESS: Any protest must be submitted in writing by mail or email to the Director of Procurement, Matt Pettit, 2 Space Dr., Taylors, SC 29687, or to mjpettit@greenville.k12.sc.us. PUBLIC OPENING: Offers will be publicly opened at the date / time and at the location identified on the Cover Page, or last Addendum, whichever is applicable. QUESTIONS FROM OFFERORS: (a) Any prospective offerer desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing, either by mail or electronic communication (e-mail). Questions must be received by the Procurement Officer no later than the date and time indicated in the Solicitation Schedule of the submission date stated in the Scope of Solicitation. 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. 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. (b) The District seeks to permit maximum practicable competition. Offerors are urged to advise the Procurement Officer - as soon as https://www.greenville.k12.sc.us/Departments/main.asp?titleid=procure mailto:mjpettit@greenville.k12.sc.us 6 possible - regarding any aspect of this procurement, including any aspect of the Solicitation, which unnecessarily or inappropriately limits full and open competition. REJECTION/CANCELLATION: The District may cancel this solicitation in whole or in part. The District may reject any or all proposals in whole or in part. RESPONSIVENESS/IMPROPER OFFERS: a. Bid as Specified. Offers for supplies or services other than those specified will not be considered unless authorized by the Solicitation. b. 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 District cannot be determined. 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. c. Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable as to price. d. Unbalanced Bidding. The District may reject an Offer as nonresponsive if the prices bid are materially unbalanced between line items or sub-line 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 District even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment. RESTRICTIONS APPLICABLE TO OFFERORS: Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of the state Ethics Act. (a) After issuance of the solicitation, all communications must be solely with the Procurement Officer. You agree not to discuss this procurement activity in any way with any other District employees, agents or officials. This restriction may be lifted by express written permission from the Procurement Officer. This restriction expires once a contract has been formed. (b) Unless otherwise approved in writing by the Procurement Officer, you agree not to give anything to any other District employees, agents or officials prior to award. SIGNING YOUR OFFER: Every Offer must be signed by the individual with actual authority to bind the Offeror. (a) If the Offeror is an individual, the Offer must be signed by that individual. If the Offeror is an individual doing business as a firm, the Offer must be submitted in the firm name, signed by the individual, and state that the individual is doing business as a firm. (b) If the Offeror is a partnership, the Offer must be submitted in the partnership name, followed by the words "by its Partner," and signed by a general partner. (c) If the Offeror is a corporation, the Offer must be submitted in the corporate name, followed by the signature and title of the person authorized to sign. (d) An Offer may be submitted by a joint venture 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. SUBMITTING CONFIDENTIAL INFORMATION: For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that Offeror contends contains information that is exempt from public disclosure because it is either (a) a trade secret as defined in Section 30-4- 40(a)(l), or (b) privileged and confidential, as that phrase is used in Section 11-35-410. For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the words "TRADE SECRET" every page, or portion thereof, that Offeror contends contains a trade secret as that term is defined by Section 39-8- 20 of the Trade Secrets Act. For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word "PROTECTED" every page, or portion thereof, that Offeror contends is protected by 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. Do not mark your entire response (bid, proposal, quote, etc.) as confidential, trade secret, or protected. If your response or any part thereof, is improperly marked as confidential or trade secret or protected, the District may, in its sole discretion, determine it nonresponsive. If only portions of a page are subject to some protection, do not mark the entire page. By submitting a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every page 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 is conspicuously marked "TRADE SECRET" or "CONFIDENTIAL" or "PROTECTED", (2) agrees that any information not 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 7 subject to public disclosure. In determining whether to release documents, the District will detrimentally rely on Offeror's marking of documents, as required by these bidding instructions, as being either "Confidential" or "Trade Secret" or "PROTECTED". By submitting a response, Offeror agrees to defend, indemnify and hold harmless Greenville County Schools, its officers and employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney's fees, arising out of or resulting from the District withholding information that Offeror marked as "confidential" or "trade secret" or "PROTECTED". (All references to S.C. Code of Laws.) SUBMITTING YOUR OFFER OR MODIFICATION: (a) Offers and offer modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) - (1) Addressed to the office specified in the Solicitation; and (2) Showing the time and date specified for opening, the solicitation number, and the name and address of the bidder. (b) If you are responding to more than one solicitation, each offer must be submitted in a different envelope or package. (c) Each Offeror must submit the number of copies indicated on the Cover Page. (d) Offerors using commercial carrier services shall ensure that the Offer is addressed and marked on the outermost envelope or wrapper as prescribed in paragraphs (a) (1) and (2) of this provision when delivered to the office specified in the Solicitation. (e) Facsimile or e-mail offers, modifications, or withdrawals, will not be considered unless authorized by the Solicitation. (f) Offers submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation. (g) It is the Offerors responsibility to ensure that bids submitted by electronic commerce were received by the Procurement Officer. TAX CREDIT FOR SUBCONTRACTING WITH MINORITY FIRMS: Pursuant to Section 12-6-3350, taxpayers, who utilize certified minority subcontractors, may take a tax credit equal to 4% of the payments they make to said subcontractors. The payments claimed must be based on work performed directly for a South Carolina state contract. The credit is capped at $25,000 per year or the total tax liability; whichever is lesser. The taxpayer is eligible to claim the credit for 6 consecutive taxable years beginning with the taxable year in which the credit is first claimed. There is no carry forward of unused credits. The credit may be claimed on Form TC- 2, "Minority Business Credit." A copy of the subcontractor's certificate from the Governor's Office of Small and Minority Business (OSMBA) is to be attached to the contractor's income tax return. Taxpayers must maintain evidence of work performed for a State contract by the minority subcontractor. Questions regarding the tax credit and how to file are to be referred to: SC Department of Revenue, Research and Review, Phone: (803) 898-5786, Fax: (803) 898-5888. The subcontractor must be certified as to the criteria of a "Minority Firm" by the Governor's Office of Small and Minority Business Assistance (OSMBA). Certificates are issued to subcontractors upon successful completion of the certification process. Questions regarding subcontractor certification are to be referred to: Governor's Office of Small and Minority Business Assistance, Phone: (803) 734- 0657, Fax: (803) 734-2498. Reference: SC §11-35-5010 - Definition for Minority Subcontractor & SC §11-35-5230 (B) - Regulations for Negotiating with State Minority Firms. UNIT PRICE: Unit price must be shown for each item. In determining award, unit prices will govern over extended prices unless otherwise stated. WITHDRAWAL OR CORRECTION OF OFFER: 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 the District's Procurement Code. B. SPECIAL INSTRUCTIONS TO OFFERORS PRE-BID CONFERENCE: There is no pre-bid meeting for this solicitation. CLARIFICATION: Pursuant to Section (SC Section 11-35-1520), the Procurement Officer may elect to communicate with you after opening for the purpose of clarifying either your offer or the requirements of this solicitation. Such communications may be conducted only with offerors who have submitted an offer which obviously conforms in all material aspects to the solicitation. Clarification of an offer must be documented in writing and included with the offer. Clarifications may not be used to revise an offer or the solicitation. III. SCOPE OF WORK/SPECIFICATIONS SCOPE OF WORK The awarded bidder(s) is expected to fulfill all of the requirements and duties contained in this solicitation as directed by the District’s Superintendent or his designee. A bid shall consist of details for the provision and management of the services envisioned in the Specifications, in accordance with the requirements described in this solicitation. The detailed Specifications are provided in a later section. The School District of Greenville County is located in the Upstate of South Carolina with approximately 78,000 students and 12,000 employees. The District was established in 1951. The District consists of more than 106 schools, career centers and other 8 facilities. Proposers can gain more information on the District and its standards by entering the District’s website at www.greenville.k12.sc.us. The scope of work includes, but is not limited to, the responsibilities listed in this FPB and any future authorized, amended documents related to this solicitation. If the proposer takes any exceptions to any part of the solicitation, include the exceptions with the bid on a separate page titled “Exceptions to Bid Criteria.” General Requirements The District seeks to establish a program of discounted pricing for various types of First Aid Supplies and related products based upon a percentage discount taken from the bidder’s price list. The products will be shipped directly to the SDGC Warehouse, located at 2 Space Drive, Taylors, South Carolina, 29687 in accordance with the requirements of this solicitation. Enclosed is a list of First Aid supplies that are currently stocked in the SDGC Warehouse. The District does not guarantee to purchase any specified item and the list is subject to change throughout the contract term. It shall be understood and agreed that the District may or may not purchase some of the items listed. The District may request additional percentage-off discounts on various First Aid supplies not on the enclosed list throughout the contract term. A bidder may exclude certain items or categories of items from the discount program. The bidder should note on the Bid Form any item, category, or manufacturer that is excluded. If a firm indicates the price for any one item is subject to receiving purchase orders for other items, their bid will not be considered. The District will not be bound by such terms. No portion of this contract shall be subleased, assigned, transferred, or conveyed without written approval from a District Procurement Officer. Any bid which requires a minimum billing per shipment or per purchase order will not be considered. Pricing example: If the bidder sells Item “A” to the general public for $25.00, and offers the District a seven percent (7%) discount off of its list price, then the District would be charged $23.25 for the product. The bidder may offer various discounts for purchase orders of different sizes, but shall indicate the various discounts on the attached Bid Form. Failure by a bidder to receive a purchase order(s) and resulting business pursuant to the solicitation is not grounds for contract controversy; the procedures referenced in Article XIV of the Procurement Code do not apply. The District will place Purchase Orders for the required material to be delivered to the SDGC Warehouse on the Purchase Order. A copy of the packing list or receipt must be included with any shipment. Invoices shall be sent to the SDGC Warehouse. Typically, District invoices are processed and payments sent within thirty (30) days of receipt of an accurate invoice. Bid Form The Bid Form should contain percentage discount(s), not pricing. On the Bid Form, a bidder may submit discounts ranges. Exactly what discounts each firm offers is an internal decision that rests with that bidder. If a bidder elects to limit its contract in any manner, such as to certain stated manufacturers, this would be the bidder’s decision. Each bidder is responsible for completing the Bid Form in a manner that incorporates the solicitation terms, conditions, and requirements. Beyond this, the District will not advise a bidder as how to structure its discount schedule. The District has established a minimum discount of 5%; however, each bidder may state the discount (or various discounts) offered for different categories of items. Bid responses that state a discount of less than five percent (5%), or a zero percent (0%) discount will not be considered and shall be disregarded. Note that the percentage discount may be taken off of the bidder’s list price, or it may be taken off of the bidder’s normal selling price. This decision rests with the bidder, but it is imperative that the bidder provide the pricing documentation that correlates with his stated discount or discount schedule. The District will only consider bids that meet all the solicitation terms and conditions, including those conditions concerning shipping, delivery, installation, and cleanup of debris. Product Evaluations/ Factors It is understood and agreed that the submitted bid is for the products specified or approved equals. A user evaluation group of District personnel shall determine the selection of products for the Warehouse inventory. The group will evaluate samples based http://www.greenville.k12.sc.us/ 9 on the following factors; price, conformance to specifications, appropriate packaging, and ease of use. Bids will be further evaluated based on anticipated delivery time and other factors as detailed in this solicitation. The District reserves the right to determine the acceptability of any proposed product or brand. The District reserves the right to reject any offering in which the item(s) are considered unsatisfactory in any manner. The District will determine if minor deviations from the listed features or specifications are acceptable. The District may require the vendor to provide sample(s) and/or demonstration(s) of products or materials. The District will allow the vendor a maximum of thirty (30) calendar days after District’s written request to provide the sample, samples, or demonstration required. The vendor may be asked to provide samples of products or conduct demonstrations at no charge to the District to ensure the acceptability of a product or the suitability of the product to the District’s intent. If and when requested, samples must be submitted, free of charge, in full packages, as they will be supplied under the award, to the Procurement Department. Substitutions during Contract Period In the event the exact item ordered is not available, the vendor must secure the District’s written approval to provide and deliver a replacement product. If a product is superseded or discontinued during the contract period, the proposed replacement request shall be submitted in writing to a SDGC Procurement Official for approval. Procurement approval shall be secured before replacement products may be placed on order or delivered. Additionally, a sample of the proposed product may be required by the District for evaluation. Warranty The vendor shall warranty products and packaging against defects during the contract period. The District will not accept items or packaging showing defects in any form at the time of delivery. Price Lists Each bidder will provide the SDGC Procurement Department with two (2) copies of its current standard price list for First Aid Supplies no later than the Bid Due time and date noted in this solicitation. Note: The standard price list shall indicate bidder’s prices before the percentage discount(s) have been applied. Price lists may be provided to the District either as hardcopy (on paper) or in an electronic format (on disk/drive, etc.). Shipping and Delivery Terms The only acceptable delivery terms are F.O.B. Destination, freight charges prepaid and allowed to the SDGC Warehouse. All palletized deliveries must be delivered on non-returnable wood pallets. All pallets are to be shrink-wrapped. Material Safety Data Sheets must be included with your bid for any applicable products. The District will not provide any supplier with delivery services, materials, or the use of any District-owned equipment. Vendors may not make deliveries to the SDGC Warehouse when the site is closed due to holiday, weekend, inclement weather or emergency situation. Scheduled District closings may be referenced on the District website under the menu selection, “Calendar”. Emergency District closures generally are posted on the District website. Additionally, local media may be consulted for information on emergency District closures. The vendor shall notify the District of any delays in fulfilling a Purchase Order. Additional Delivery Terms The vendor will provide and deliver First Aid Supplies to the SDGC Warehouse within forty-five (45) calendar days after receipt of a District Purchase Order. The District may grant pre-approval for a longer lead time for specific special orders or for large orders. Any agreement for longer lead time shall be in writing and shall be accepted in writing by the District. Normally, the vendor shall make deliveries to the SDGC Warehouse between the hours of 7:30 A.M. and 3:00 P.M., Monday through Friday, except on District-observed holidays and on other District closure dates. Note that all District locations will be closed each Friday during the summer schedule period. Summer schedule hours are Monday through Thursday, 7:30 A.M to 5:30 P.M. EDT. An authorized SDGC Warehouse employee shall sign for each delivery when it is made. The completed delivery ticket (copy) shall be submitted by the vendor as part of the billing documentation for payment. 10 Packing Slips A copy of the packing list or receipt must be provided to District personnel at the time of delivery or be included with any shipment. Invoicing and Payment Each invoice shall be on the company letterhead and shall indicate the District Purchase Order number that is stated on the Purchase Order. The vendor shall provide accurate invoices, displaying contract pricing, accurate serial numbers (if applicable), and the actual quantities and types of product delivered. The vendor shall submit invoices to the District on a by-purchase-order basis. The successful firm(s) shall provide a separate invoice for each purchase order. Purchase orders may not be combined on a single invoice. Invoices shall be submitted to: Mr. Tommy Howard at The School District of Greenville County, Warehouse, 2 Space Drive, Taylors, South Carolina 29687. The District will not be responsible for payment of invoices not billed within sixty (60) calendar days of material delivery date. Any costs associated with an un-invoiced purchase older than sixty (60) calendar days are not the responsibility of the District. The District typically will process and pay a problem-free invoice within thirty (30) calendar days of receipt of a problem-free invoice. Failure to provide accurate and complete invoice will unnecessarily delay the processing of any invoice. The District does not pay from vendor statements. Vendor Requirements The Contractor shall be either the product manufacturer or an authorized distributor for any and all brands or product lines provided under this contract. Submitting a bid for a brand or product line for which a firm is not the manufacturer or a factory- authorized distributor shall render that firm’s entire bid non-responsive. When requested by the District, the Contractor shall assist the District in acquiring support, additional information or technical literature, including assistance from the manufacturer or manufacturer’s representative for any product provided under this contract. Warehouse Stock: Below is a list of First Aid Supplies that are currently stocked in the SDGC Warehouse. The District does not guarantee to purchase any specified item and the list is subject to change throughout the contract term. It shall be understood and agreed that the District may or may not purchase some of the items listed. The District may request additional percentage-off discounts on various First Aid supplies not on the enclosed list throughout the contract term. GCSD Stock Number Description 5010 1⁄2” Wide Adhesive Tape, Waterproof, White, 10 yds. 5090 Cotton Tipped Applicators, Solon #361, 10/bag 5110 Bacitracin Ointment, 1 ounce tube Bandages 5210 2” ABCO Elastic with 2 Clips, 5 yards per roll 5220 3” ABCO Elastic with 2 Clips, 5 yards per roll 5230 4” ABCO Elastic with 2 Clips, 5 yards per roll 5245 2” Sterile Gauze, ABCO, Conforming, 5 yards per roll 5250 3” Sterile Gauze, ABCO, Conforming, 5 yards per roll 5265 4” Sterile Gauze, ABCO, Conforming, 5 yards per roll 5270 Triangular, 100% Cotton, 35”x35”x50”, 2 Safety Pins Sheer Adhesive Bandages, Sterile, Waterproof with Non-Adherent Pad. Latex-Free 5285 Strips, 3⁄4” x 3”, 100 per box 5287 Strips, 2” x 4”, 50 per box 5300 Spots, 7/8” Round, 100 per box Cups 5450 Sweetheart, #RD3, 3oz. Flat Bottom, Dry Waxed, 100 ct. Continued on next page. 11 GCSD Stock Number Description 5725 Medicine, Disposal, 1 oz. Flat Bottom 5440 Cotton Balls, J&J, Sterile, 130 per box 5540 Examination Paper, 21” x 125 ft., Crepe Finish, White 5620 1.5” Forceps, Splinter, Plain, Stainless Steel with Point Gloves, Powder-Free, Latex-Free, Synthetic Exam Americare, 100 per box 5625 Small 5626 Medium 5627 Large 5628 X-Large 5700 First Aid Kits, White Cross #52410, 25 Person 5805 Emesis Basin, 8” Kidney Shaped, Plastic, Graduated 5810 Safety Pins, #2 Medium, Nickel-Plated Steel, 144 ct. Gauze, ABCO, Sterile, 12-Ply Pads, 100 per box, Individually Wrapped 5900 2” x 2” 5910 3” x 3” 5920 4” x 4” 5915 ABCO 4” X 4” Sponge, 8-Ply, Non-Sterile, 200/bag 5925 Telfa Pads, Kendall, 2”x3”, Sterile, Ind. Wrapped, 100 ct. 5965 Tongue Depressors, Solon #369, Sterile, Senior 6” 100 ct. 6054 Sanitary Napkins, Individually Boxed, 250 per case. 5710 Facial Tissues, Kleenex, 2-Ply, 9”x8”, 140 per box 5720 Lysol Spray, Fresh Scent, 12 ounce can 6056 Isolyser Sharps System, Part# SRS2400, 2400 cc Capacity, Polyethylene, Puncture-Resistant Kits With Solution 6059 Clean-Up Kits, Latex Gloves, Absorbent, Spatula, Germicidal Detergent, Cleaning Cloth, Red Plastic Bag with Twist Tie, Alcohol Hand Rinse 6063 Isolation Kits, Latex Gloves, Goggles, Disposable Gown, Mask, Cap Cover, Shoe Covers, Bag with Tie 6067 Disposable Pocket Resuscitation Mask, Laerdal 6071 Pre-Moistened Anti-Microbial Towelettes, Vionex 6075 Antiseptic Skin Cleanser, Medi-Scrub, 18oz. with Pump 6079 Disinfectant Cleanser and Deodorizer, 15oz. can 6081 BIOHAZARDOUS WASTE BAGS, RED 250 Bags per pack 24” x 24 6097 Hand Sanitizer 8 oz. with pump 5825 Alcohol Prep Pads, 2-Ply Medium with 70% Alcohol 5008 Co-Flex Cohesive Bandage, Latex-Free, Rainbow Pack 2” x 5” yards, 36 per box 5525 Ziploc Bags 6-1/2” x 5-7/8”, Zipper Closure, 50 5735 Baby Wipes, Non-Alcohol, 80 per box 5850 All Purpose Scissors, Stainless, Serrated Edge 5951 Digital Thermometer, Large 5952 Digital Thermometer Covers, Large 6098 Germicidal Disposable Wipes, Sani-Cloth 6086 Disposable Student Mask 5660 Sani-Hands Wipes for Kids End of List. NOTE: Taking exceptions to the solicitation or changing the terms and/or conditions of the solicitation may cause the bid to be determined “non-responsive” and therefore, not eligible for an award. DISTRICT CALENDAR AND INFORMATION Proposers can obtain more information on the District, its calendar and standards by entering the District’s website at www.greenville.k12.sc.us. POSTPONMENTS A bid recording meeting or a pre-bid conference shall be postponed if the District’s Procurement Department is closed for any of the following reasons: (1) Causes beyond the control of the District (e.g., fire, flood, weather conditions, etc.), or (2) Emergency http://www.greenville.k12.sc.us/ 12 or unanticipated events that interrupt normal District or Procurement operations. The postponed event (opening or conference) shall automatically be rescheduled to the next full and complete District business day after the published date. A District business day does not include a day starting after an announced opening delay or a closure. Firms should consult the District’s INFO Line (864-355-3100) or local media regarding closures. PERFORMANCE OF THE PROGRAM SPECIFICATIONS If the awarded proposer(s) is(are) unable to provide the required equipment, material or services at any point, in the opinion of the District, the District reserves the right to cancel the award according to the District’s Procurement Code and Regulations and secure such services from other qualified sources as needed to meet District requirements. This action shall not be grounds for contract controversy. A contract may be awarded encompassing all facets of a bid or portions of a bid, whichever is in the best interest of the District. Proposers shall explain, in detail, any additional service that they wish to provide to the District. Proposers shall provide and explain all applicable costs to the District within the bid. Undisclosed costs/fees shall not be paid at any time. Due care and diligence has been used in the preparation of the solicitation and specifications. The information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely upon the proposing entity. The District and its representatives will not be responsible for any errors or omissions in the specifications or the proposer’s response nor for the failure on the part of the proposer to determine the full extent of the solicitation requirements and exposures. The Program Specifications section includes, but is not limited to, the responsibilities listed in this FPB and any future authorized, amended documents related to this solicitation. If the proposer takes any exceptions to any part of the solicitation, firms shall include the exceptions with the bid on a separate page titled “Exceptions to bid Criteria.” NOTE: Taking exceptions to the solicitation or changing the terms and/or conditions of the solicitation may cause the bid to be determined “nonresponsive” and therefore, not eligible for an award. IV. INFORMATION FOR OFFEROR TO SUBMIT GENERAL INFORMATION Bidders shall explain, in detail, any additional service that they wish to provide the District. Bidders shall provide all costs to the District in their bid. Undisclosed costs shall not be paid at any time. Bidders shall respond to each of the following areas. Respond in the sequence below: 1. Indicate the capability of the bidder’s company to provide the requested service to the District. 2. List at least three references. (preferred in an education environment) 3. Fill out the bid schedule accurately and submit. 4. Submit a copy of the W9 and business insurance in line with the Terms and Conditions. INSTRUCTION FOR SUBMITTAL OF BID Bidders shall furnish a total of two (2) complete paper bid packages. Provide one (1) original paper document bid and one (1) additional paper copy at the due time. Mark the original document as such. All documents (original and copy) shall be submitted in a sealed envelope or other enclosure. Emails or faxes shall not be accepted. Sealed Bid Enclosed Project Reference: First Aid Supplies FPB No. 224-77-4-11 Mail or hand-deliver the bid to: Greenville County Schools 2 Space Drive Taylors, South Carolina 29687 Attn: Procurement Department By submitting a solicitation response, the Vendor acknowledges that it has had the opportunity to inquire about the District’s Procurement Code and Regulations, this solicitation and other pertinent District policy. 13 The submitted sealed bid must be signed by an authorized individual who may bind the Vendor to provide the service(s) and/or product(s) in accordance with the specifications contained in this FPB. The official time due time for a solicitation response is maintained according to the Time/Date Stamp located in the District’s Procurement Department. All solicitation responses shall be received in the District’s Procurement Department, 2 Space Drive, Taylors, South Carolina 29687, no later than the time specified in this solicitation. Solicitation responses shall be in the physical possession of a Procurement Department employee prior to the due time or the solicitation response shall be determined to be late once the due time has occurred. Faxed or emailed bids shall not be accepted. NOTE: Vendors who hand deliver a bid are responsible for physically handing the bid to a Procurement Department employee prior to the bid due time/date. Do not hold the bid until the recording meeting begins. Do not deliver the bid to any other location or individual. Responses that are in another District location, room, department or other area at the solicitation due time other than the Procurement Department shall not be accepted. If there is doubt as to the location of the Procurement Department, Vendors may contact the District for directions. The District is not responsible for the Vendor’s or its representative’s interpretation of any directions provided. The District is not responsible for traffic, parking availability, road closures, delivery services or weather conditions. Vendors may mail their bids, however the District assumes no responsibility for the delivery of any solicitation, addendum, solicitation response or any other correspondence by the U.S. Postal Service, a delivery service, electronic transmission, facsimile or any other method. BID FORM Enclosed is the Bid Form to be used when submitting a bid. Only this Bid Form may be used. Do not change the Bid Form or insert a different unit of measure or unit of pricing. Prices stated on the Bid Form shall remain in effect for a minimum of sixty (60) calendar days from the due date. Pricing submitted shall be inclusive of all costs that the bidder expects the District to pay. Bidders must complete the Bid Form or insert the letters “N/A” if the bidder chooses not to submit a price. Failure to complete the form may cause the bidder to be determined non-responsive. The bid price(s) shall include all materials, labor, rental equipment, rental tools, and consumables necessary to provide and deliver the product(s). Do not include South Carolina sales tax in bid pricing. The District will add South Carolina sales tax as applicable to purchase orders throughout the contract term. NOTE: Bidders that alter the Bid Form are qualifying the bid response and are subject to disqualification. A cover letter on the bidder’s corporate stationery should include any information the bidder determines to be important to the evaluation of the bid. Attendance at the public recording is not required in order to have a bid evaluated. NOTE: BIDS RECEIVED OR DATE STAMPED AFTER THE BID DUE/PUBLIC OPENING TIME SHALL NOT BE ACCEPTED OR CONSIDERED. SOLICITATION SECURITY The District does not require Solicitation Security for this project. PERFORMANCE AND PAYMENT BONDS The District does not require Performance and Payment Bonds for this project. SOLICITATION AND PERFORMANCE CONDITIONS Unless stated otherwise herein, the governing language of the relationship and project performance between the District and the awarded firms resulting from this solicitation shall be comprised of the solicitation documents, including any attachments, amendments and/or addenda. In the event of a conflict, the solicitation document shall govern. SUBCONTRACTING No portion of this contract shall be subleased, assigned, transferred, or conveyed without the expressed prior written approval from a GCS Procurement Officer. Proposed subcontractors shall be identified in the bid. 14 BID RESPONSE CERTIFICATION Interested Vendors are hereby notified that a “Bid Response Certification” statement is included within the solicitation and that by signing the certification statement, with no alterations allowed, the Vendor agrees to be bound by the terms and conditions of the solicitation and by the District’s General Terms and Conditions included herein by reference. The Bid Response Certification statement that is included with this solicitation shall be signed and returned with the bid. Should a Vendor decide not to sign the Certification Statement, the reasons for the decision shall be noted on a separate page to be included within the sealed Bid. An interested Vendor that submits a bid that contradicts this solicitation and which is not in compliance with the requirements of this solicitation, including the District’s General Terms and Conditions, acknowledge and understand that, by doing so, its bid may be deemed nonresponsive by the District. A Vendor who takes exceptions to any portion of this solicitation may be deemed “non-responsible” and may not be eligible for an award. The rights and authority of such determination are reserved solely by the Procurement Officers of the District’s Procurement Department. V. AWARD CRITERIA EVALUATION OF BIDS All bids will be reviewed for the purpose of determining responsiveness. Any bid that does not meet the salient requirements of the FPB will be deemed non-responsive. To determine responsibility, all information provided by the Vendor concerning its availability to perform fully the contract requirements, including the integrity and reliability of the Vendor, will be reviewed. The submission of a bid for review does not necessarily qualify the Vendor as being responsible or the bid as being responsive. Failure to provide specific information as requested for use in an evaluation will cause the bid to be disregarded. The bid responses will be evaluated based on the factors as detailed in this solicitation. The Vendor(s) deemed by the District as responsible and who offer(s) the most advantageous rate(s) may be awarded the contract if all other terms and conditions are acceptable to the District and if in the District’s best interest. Vendors must clearly mark the words “Confidential” or “Protected” next to each section of the bid that the Vendor considers to be proprietary or may contain confidential information. In no manner or situation will pricing be considered confidential. The District shall have the sole, exclusive right to determine whether such confidential notations are valid and subject to public release. The District may request written or oral clarifications of any offer received. However, the District may, at its sole discretion, refuse to accept in full or partially, the response or clarification given by any Vendor. Vendors are cautioned that the evaluators are not required to request a clarification of the bid; therefore, all offers should be complete and reflect the most favorable terms to the District. The District reserves the right to reject any and all offers when such rejection is deemed to be in the best interest of the District. It is understood and agreed that the bid is for the services and products specified or a District-approved equal. The District does not guarantee that the District will require any specified project or item. The District reserves the right to accept or reject, in part or in entirety, any or all bids or portions of bids submitted by any Vendor and to waive any informalities or technicalities so as to purchase in the best interest of the District. The District reserves the right to interpret the acceptability of the proposed services and supplies when meeting the intent for use as determined by the end user. The District reserves the right to negotiate with all responsible Vendors and to cancel in part or in entirety, this solicitation if it is in the best interest of the District. This solicitation does not commit the District to negotiate, hold discussions, award a contract, pay any costs incurred in the preparation of the response to this solicitation or to procure any services and/or supplies. AWARD An award may be made to one or more responsible vendor(s) offering approved percentage discount rates on the Bid Form, and whose bid is responsive, that best meets the requirements of the FPB. The District may conduct discussions with responsible Vendors that submit bids for the purpose of clarification to assure a full understanding of the requirements of the FPB and the clarification of any bid. After issuance of award, vendors not responding to the initial Percentage Discount solicitation may be added to the awarded vendors list semi-annually based upon award date (subject to review), provided they agree to adhere to the solicitation requirements and terms and conditions of the solicitation. The quarterly review and addition of vendors will be determined based on the benefits to the District. 15 The District cannot guarantee that any particular vendor will be selected or any business conducted as a result of this solicitation. The failure of a specific vendor to receive business, once it has been added to the awarded vendors list, shall not be grounds for contract controversy. After the contract is awarded, no additional costs will be considered. Hidden or undisclosed costs will not be accepted. The award statement will be posted in the Procurement Department, 2 Space Drive, Taylors, South Carolina. The public may review this statement during regular office hours. Interested parties may call the Procurement Department at (864) 355-1279 to determine if an award has been posted. It is the responsibility of the bidder to physically confirm such posting. PRICE ADJUSTMENT (Revised 10/06/2021) Any request for price increase must be submitted to the user location and the District’s Procurement Department by the Vendor at least sixty (60) calendar days prior to any proposed contract extension, but not before ninety (90) calendar days to the requested renewal contract term. The price increase will only become effective if agreed to in writing by the District’s Procurement Department. The maximum increase shall not exceed three percent (3%) or the adjusted percent change from the previously reported period shown in the U.S. Department of Labor, Bureau of Labor Statistics, Southeast Consumer Price Index for All Urban Consumers (CPI-U), whichever is less at the time of renewal. IMPORTANT: Student and Staff Safety The successful Vendor shall be required to verify that criminal conviction inquiries/checks and pertinent criminal background inquiries/checks have been conducted on all of its employees and the subcontractors who may interact with staff and/or students during the performance of the awarded Scope of Work or who may have a need to enter District property related to the performance of the contract or who may have access to personal student or District personnel information. All inquiries and background checks must be conducted on a monthly basis or more frequently or as required by the District. Persons who are identified as a Sex Offender or violator as defined by the South Carolina Code of Laws (Ann. 2006), Article 7, Sections 23-3-400 to 23-3-500 or other statute or any other states’ statutes and persons who have been convicted of Violent Crimes as defined by the South Carolina Code of Laws, 1976, Section 16-1-60; are prohibited from entering any of The School District of Greenville County schools at any time, including all District grounds and all District facilities. Persons employed by or under the direction of the Vendor or any subcontractor who are under investigation or have been charged with crimes and/or convicted of crimes against children or crimes of a sexual or violent nature shall not be allowed on District property. While performing under this solicitation and subsequent award, a firm/individual/supplier who delivers material and/or a service to a District site at the direction of a Vendor and/or a subcontractor shall be considered under the supervision of the Vendor and/or subcontractor and shall be in compliance with this requirement. Contractor’s and subcontractor’s employees are not to interact with students at any time. Vendor’s and subcontractor’s employees are not to be in areas where students are present or may be present without prior authorization from the school’s principal or designee. The District may in its sole discretion terminate any existing contract for the failure by the awarded Vendor, its subcontractors or any representative of the Vendor or subcontractor to observe this requirement or for any violation of this solicitation’s requirements. No penalty or other costs shall be levied against the District as a result of its decision to terminate the contract or award. In addition to the above obligations of the successful Vendor, all persons and contractor personnel having contact with students and/or any individual who enters onto District property may be subject to a national criminal background check at the discretion of the District prior to entry upon District property and the performance of any duties. All individuals entering District property shall be screened nationally for criminal sex offenses/Sex Offender status on automated equipment at each school or site. Alcoholic Beverages, Illicit Drugs, Smoking, and Weapons The successful Vendor shall not permit its personnel or any subcontractor or delivery personnel to possess upon District property any alcoholic beverages, illicit/non-prescribed drugs, tobacco products, or weapons. Alcoholic beverages, illicit/non-prescribed drugs, tobacco products, and weapons are not allowed on District property at any time. Any Vendor related actions involving, or possession of, any of the aforementioned items while on District property may cause a cancellation of any award/agreement, at no cost to the District. Criminal charges may apply. Contract Termination for Cause The District reserves the right to terminate this solicitation or resulting agreement upon a thirty (30) calendar day notice when in the best interest of the District at no cost to the District. Termination of any contract by the District for cause, non-performance, default or negligence on the part of the successful proposer shall be a retained right. Termination costs levied against the District shall not apply and the thirty (30) calendar day termination notice requirement shall be waived. The default provisions shall apply when a contract is terminated for cause. 16 The District reserves the right to terminate an award/contract when the health and safety of students and staff are threatened or for the awarded firm’s non-compliance with state law or the terms and conditions of the solicitation. The District reserves the right to terminate the continuation of any agreement, service or award resulting from this solicitation when funding has not been appropriated. The District does not anticipate canceling a contract; however, it shall reserve the right to act in the best interest of the District and its constituents. Default In case of default by the proposer/contractor, the District reserves the right to contract for the services that are in default, from other firms, charging the defaulting proposer/firm with any additional costs incurred by the District as a result of the default. The firm that is determined to be in default shall not be considered a responsible proposer/firm until the assessed charge has been satisfied. Vendor’s Relationship with the District The awarded firm shall be independent of the District. None of the firm’s employees shall be deemed for any purpose to be employees, agents, or servants of the District, but shall at all times serve as employees, agents, or servants of the contractor for whom and at whose direction they shall act. No acts performed for or representations made, whether written or oral, by the firm to third parties shall bind the District. The firm shall be solely responsible for the withholding and payment of all federal, state, and local personal income, social security, unemployment, workers compensation and other payroll taxes for its employees. The District shall have no liability of any sort for the firm’s employees. The awarded firm shall be responsible for any loss or damage to property owned by the District, caused, in the opinion of the District, by the firm or its subcontractors and/or representatives. No portion of this solicitation/agreement shall be subleased, assigned, transferred, or conveyed without written approval from a District Procurement Officer prior to or after issuance of the Intent to Award. The District shall NOT provide vehicles, office space, utilities and operating expenses. These operating expenses include telephone, copier, fax and postage expenses. The awarded firm shall be responsible for all necessary personnel, equipment, supplies and other requirements to fully implement the services required. Termination for Convenience At any time during an award/ contract term, if the District wishes to cancel the award/ contract, it will notify the contractor at least thirty (30) calendar days prior to termination unless the award/contract is canceled for cause as noted in the previous section. In the event that this contract is terminated or canceled upon request and for the convenience of the District without thirty (30) calendar day advance written notice, the District shall then negotiate reasonable termination costs, if applicable. Acknowledgement By submitting a solicitation response, the proposing firm acknowledges that it has had the opportunity to inquire about the District’s Procurement Code and Regulations, this solicitation and other pertinent policy. By submitting a solicitation response, the proposing firm acknowledges that it is in compliance with all applicable local, state, and federal laws. The School District of Greenville County Procurement Code and Regulations supersede and govern any and all documents and/or policies, whether stated or implied. The School District of Greenville County reserves the right to reject any or all bids or portions of bids and to waive any informalities or technicalities so as to purchase in the best interest of the District. Vendor Responsibility Responsibility of the proposer shall be ascertained for each contract awarded by the District based upon full disclosure to the District concerning capacity to meet the terms of the contracts and based upon a past record of performance for similar contracts. The failure of a proposer to supply information promptly to the District may be grounds for a determination of non-responsibility with respect to such proposer. Failure to provide requested information may result in rejection of a solicitation response and/or suspension and/or debarment of the proposer. The District shall be entitled to audit the books and records of a contractor or any subcontractor under any contract or subcontract other than a firm fixed price contract to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of three (3) years from the date of final payment under the prime contract and by the subcontractor for a period of three (3) years from the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing by a District Procurement official. Due care and diligence have been used in the preparation of the scope of work and/or the specifications and the information contained therein is believed to be substantially correct. However, the responsibility for determining the full extent of the 17 exposure and the verification of all information presented herein shall rest solely upon the Vendor. The District will not be responsible for any errors or omissions in the Vendor’s response nor for the failure on the part of the Vendor to determine the full extent of the solicitation requirements and exposures. The Vendor may ask questions subject to the Inquiry Deadline and the previously stated inquiry instructions. The awarded firm/individual shall perform this project in compliance with all Federal and State requirements concerning fair employment of all employees and applicants. Firms shall promote the employment of the disabled and disadvantaged and shall employ without regard or discrimination due to the reason of ethnic background, age, color, religion, gender, national origin, or physical disability. Responding firms should provide information regarding the use of minority subcontractors if applicable or if requested by the District. Assistance to minority and disadvantaged firms and individuals is available in accordance with the District’s Minority Business Enterprise Utilization Plan Use of District Name The awarded Vendor shall not use the name of the District in advertising or in seeking or joining into contracts with suppliers, customers or for any other manner. The Vendor shall make all of its contracts in its own name and the awarded Vendor shall be responsible for its financial obligations and contracts, not the District. Cooperative Purchasing (When Applicable) The District’s Procurement Code and Regulations authorizes the use of cooperative purchasing practices with regard to other public procurement units. Accordingly, any South Carolina school district, state, city or county agency or other public procurement unit may participate in any resulting award if agreeable to the District, the successful Vendor and the other public procurement unit. No other public procurement unit is required to make use of this capability as participation is at the discretion of the other public procurement unit. This District is not bound by any other public entities’ solicitation, award or other contract. The District shall not guarantee the participation of another public procurement unit nor be responsible for any resulting business or non-business with any other entity. Purchase Orders, delivery arrangements, payments and any other type of contractual documentation or performance shall be the responsibility of the actual participating public procurement unit, not The School District of Greenville County. The successful Vendor shall hold harmless the District, its employees, Administration, Board of Trustees and its representatives for any loss or damage as the result of the action or inaction of another public procurement unit. Prepayment The District shall not approve or process payment to an awarded firm or its subcontractor prior to the delivery of product or the service(s) being performed or upon agreed upon milestones. Proposers or its representatives that do not honor this requirement shall not receive payment and may have their contract cancelled with no penalty levied against the District. Procurement Card and ACH Processing (If Applicable) The District has the capability to pay the majority of vendor invoices with a District managed Procurement Card (P-Card) and/or an Automated Clearing House (ACH) processing method. The District reserves the right to request that the awarded vendor process invoice/payment transactions by use of the District P-Card or ACH processing method. Failure by the vendor to provide P-Card and/or ACH transaction processing capabilities shall not be grounds for rejection of a bid nor shall it create a contract controversy. Any discounts offered by the vendor as the result of the District’s use of the P-Card or ACH processing should be noted in the solicitation response on a separate page entitled Procurement Card and ACH Processing Capability. Technology Requirement (When Applicable) The following requirement has been prepared by the District’s Education Technology Services (ETS) department for compliance, where applicable: “For all COTS (commercial off the shelf applications), the Offeror shall submit security audit documentation which meets State and Federal law along with applicable regulatory standards including, but not limited to: the South Carolina Public Records Act, Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act (HIPAA), Pupil Privacy Rights Act (PPRA), Individuals with Disabilities Education Act (IDEA), Gramm-Leach Bliley Act (GLBA) , and Payment Card Industry Data Security Standard (PCI-DSS). Applications must also meet or exceed verifiable Greenville County School District security review and security application testing specifications, including, but not limited to: Open Web Application Security Project (OWASP), The Web Application Security Consortium (WASC), and United States Computer Emergency Readiness Team (US-CERT) National Vulnerability Database (NVD) as part of the Request for Proposal or Invitation for Bid submission." Iran Divestment Act – Certification (Dec 2015) 18 (a) The Iran Divestment Act List is a list published by the Authority pursuant to Section 11-57-310 that identifies persons engaged in investment activities in Iran. Currently, the list is available at the following URL: http://procurement.sc.gov/PS/PS- iran-divestment.phtm (.) Section 11-57-310 requires the government to provide a person ninety days written notice before he is included on the list. The following representation, which is required by Section 11-57-330(A), is a material inducement for the State to award a contract to you. (b) By signing your Offer, you certify that, as of the date you sign, you are not on the then- current version of the Iran Divestment Act List. (c) You must notify the Procurement Officer immediately if, at any time before posting of a final statement of award, you are added to the Iran Divestment Act List. [07-7A072-1] Iran Divestment Act – Ongoing Obligations (Jan 2015) (a) You must notify the procurement officer immediately if, at any time during the contract term, you are added to the Iran Divestment Act List. (b) Consistent with Section 11-57-330(B), you shall not contract with any person to perform a part of the Work, if, at the time you enter into the subcontract, that person is on the then-current version of the Iran Divestment Act List. [07-7A072-1] Bidder’s Rights Bidders may have the right to protest this solicitation or its subsequent award in accordance with Article XIV of the District’s Procurement Code. Should a protest period end on a day that the District is closed; the protestor may file by 5:00 P.M. the following full day that the District is open for business. South Carolina Illegal Immigration Reform Act By signing its bid or proposal, Contractor certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agrees to provide to the District, upon request, any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable both to Contractor and its subcontractors or sub-subcontractors; or (b) that Contractor and its subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony and upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years or both." Contractor agrees to include in any contracts with its subcontractors language requiring its subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14. (An overview is available at www.procurement.sc.gov). State and Federal Laws and Regulations (Revised 10/13/22) The School District of Greenville County requires adherence and itself adheres to all applicable State and Federal laws and regulations including “2 CFR, Subtitle A, Chapter II Subpart D, 200.322 Domestic Preferences for Procurements”. The successful vendor’s work, end product, and/or services shall meet all local, state and federal requirements. Permits, Licenses and Taxes The proposer shall, at its own expense, prior to an award and prior to commencing services/operations on behalf of the District or under contract with the District, shall acquire all necessary permits, licenses and other approvals as required by law to provide the required services and/or actions in conjunction with a contract award with the District. It is recommended that interested firms contact the following to learn of any pertinent requirements or licenses: I. The South Carolina Secretary of State’s office (www.scsos.com) II. The South Carolina Department of Revenue III. South Carolina Department of Labor, Licensing and Regulations (www.LLR@llr.sc.gov) IV. The City of Greenville, South Carolina The District shall not interpret the requirements of other public entities on behalf of the proposer. Firms shall obtain all necessary permits and licenses required by local, state and Federal law and regulations prior to any award or agreement and shall remain in compliance with all applicable statutes and pertinent regulations throughout the term of performance. Should any permits or licenses be revoked or lapse during the period of performance, the undersigned Procurement Officer shall be notified immediately. The firm shall pay all excise taxes, retail taxes and other fees imposed. The firm assumes full responsibility for payment of all State and Federal taxes for unemployment, pensions or any Social Security legislation for all its employees and will further comply with all requirements that may be specified in regulations hereafter promulgated by the District’s administrative officials. Contractor Licensing Prior to the bid due date and time and throughout the program/project, the bidding firm, the Prime Contractor and any Subcontractors, shall be licensed in full accordance with the provisions of Section 40-11-10 through 40-11-340 of the Code of http://www.procurement.sc.gov/ http://www.scsos.com/ 19 Laws of South Carolina, 1976, as amended. The firm and/or presenting agent must be duly licensed to do business in the State of South Carolina and Greenville County. The District recommends that Vendors contact the South Carolina Secretary of State office and the Greenville City business license office for more information. The District shall not interpret these requirements on behalf of the Vendor. The successful Vendor shall meet all Federal, state, and local statutes and other requirements prior to award of the project. Indemnity The proposing firm agrees to indemnify and hold harmless the District and the District’s members, officers, trustees, employees, servants and agents, from and against any and all liabilities, losses, damages, costs and expenses of any kind (including, without limitation, reasonable legal fees and expenses in connection with any investigative, administrative or judicial proceeding, whether or not designated a party thereto) which may be suffered by, incurred by or threatened against the District or any members, officers, employees, servants or agents of the District on account of or resulting from injury, or claim of injury, to person or property arising from the awarded firm’s actions or omissions relating to this solicitation or any subsequent Agreement, or arising out of the awarded entity’s breach of contract or failure to perform any term, covenant, condition or agreement herein provided to be performed by the awarded firm or individual. The District shall not indemnify and/or hold harmless any proposing entity or its representatives as this action is not statutorily allowed by South Carolina law. Certification Regarding Debarment and other responsibility matters (Dec. 2021) (a) (1) By submitting an Offer, Vendor certifies, to the best of its knowledge and belief, that- (i) Vendor 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 or civilly for, or otherwise criminally charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision. (ii) Vendor 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) Vendor shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award, Vendors learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) If Vendor is unable to certify the representations stated in paragraphs (a)(1), Vendor must submit a written explanation regarding its inability to make the certification. The certification will be considered in connection with a review of the Vendor’s responsibility. Failure of the Vendor to furnish additional information as requested by the Procurement Officer may render the Vendor non-responsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Vendor 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 Vendor 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] Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity 20 under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964–1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141–3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis- Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where applicable, all contracts awarded by the non- Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with 21 the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See § 200.323. (K) See § 200.216. (L) See § 200.322. VI. TERMS AND CONDITIONS While effort has been made to separate substantive and procedural matters through the division of a solicitation or agreement into various parts, the distinctions between such categories are not always exact. Consequently, offerors are advised that all contents of a solicitation or agreement will constitute the substantive terms and conditions of the relationship, if any occurs, between the offeror and the District in accordance with this document. DEFINITIONS The terms, “vendor”, “contractor”, “prime contractor”, “contractor”, “firm”, “offeror”, “proposer”, “responder”, “supplier”, “entity” or “bidder” may be used interchangeably and refers to the entity offering a bid/proposal. These terms are defined as including a legal business association of one (1) or more persons existing at the time of the bid/proposal submission. The terms “solicitation”, “Invitation for Bid”, “Bid”, “Request for Proposal”, “Proposal”, “Quotation”, “Quote” may be used interchangeably and refers to the solicitation. The term "Agreement" means any transaction or contractual arrangement contemplated or created as a result of, arising out of, or relating to the solicitation and subsequent award. The terms, “The School District of Greenville County”, “Greenville County Schools”, “Customer”, “Owner”, “District”, “SDGC” “GCSD”, “GCS”, “Board of Trustees” and “Board” may be used interchangeably and refers to the entity issuing the solicitation, receiving and reviewing the proposals and issuing an award. The term “Day” or “Days” refers to calendar days, unless noted otherwise. GOVERNING LAW The contractor or offeror shall comply with the laws of the State of South Carolina which require that it be authorized and/or licensed to bid and/or conduct business in said State. By signing an Agreement or by offering a bid or proposal or agreement, contractor agrees to subject itself to the jurisdiction and process of the District’s Procurement Code and Regulations, the courts of the State of South Carolina or federal courts as to all matters and disputes arising or may arise under and in regard to the solicitation, Agreement and the performance thereof, including any questions as to the liability for taxes, licenses or fees levied by the State. The solicitation and/or Agreement and any dispute, claim or controversy relating to the solicitation and/or Agreement shall, in all respects, be interpreted, construed, enforced and governed by and in accordance with the Procurement Code and Regulations of The School District of Greenville County and the laws of the State of South Carolina. All disputes, claims or controversies relating to the Agreement shall be resolved exclusively by the District’s Chief Procurement Officer or Purchasing Agent/Procurement Director in accordance with Article XIV of The School District of Greenville County’s Procurement Code or in the absence of jurisdiction, the Court of Common Pleas for, or a federal court located in, Greenville County, State of South Carolina. Contractor or offeror agrees that any act by the District regarding the solicitation and/or Agreement is not a waiver of either the District’s sovereign immunity or the District’s immunity under the Eleventh Amendment of the United States’ Constitution. As used in this paragraph, the term “Agreement” means any transaction, contract, understanding or agreement arising out of, relating to, or contemplated by the pertinent solicitation and/or agreement between the proposer and the District. The District shall not accept, enter into or sign any proposed agreement(s), document(s), offer(s), contract(s), leases(s) and/or provision(s) that materially conflicts with the District’s General Terms and Conditions, the requirements of a solicitation or which are determined not to be in the best interest of the District. The solicitation and the District’s General Terms and Conditions shall govern and take precedence as the contract between the District and the awarded entity. The terms of the agreement between the District and the successful/awarded entity shall comply with the requirements contained in this solicitation and the District’s General Terms and Conditions. CONTRACTUAL NEGOTIATIONS Contract negotiations, if applicable, may be started at the District’s discretion, with the apparent successful offeror. If any points/issues exist that cannot be resolved, so that a final contract, to the mutual satisfaction of all parties, can be reached, negotiations may be initiated with the next qualified offeror. All contractual documents sub