Clarendon School District 4
Transcript of Clarendon School District 4
Clarendon School District 4
Request for Qualifications
Issue Date: May 7, 2020
Deadline for Questions: May 15, 2020 12:00 Noon
Questions should be directed via email to Board Chair:
Jason Newsome
All submissions DUE by: May 18, 2020 3:00 PM
Please Mail Submissions to Clarendon 3’s District Office at:
Jason Newsome
Clarendon 4 Board Chair
PO Drawer 270
Turbeville, SC 29162
All submissions should be clearly labeled on the outside:
Confidential:
Clarendon 4 Legal Services RFQ
Any submissions not labeled as such will not be considered. All submissions will
remain sealed until opening at the Clarendon 4 Board Meeting on May 18, 2020.
2
TABLE OF CONTENTS
I. GLOSSARY OF TERMS ............................................................................................................................ 3
II. GENERAL INFORMATION ....................................................................................................................... 4
III. PURPOSE ............................................................................................................................................... 4
IV. SCOPE OF SERVICES .......................................................................................................................... 4
V. ELABORATION AND CLARIFICATION ................................................................................................. 5
VI. RESPONSE REQUIREMENTS AND SUBMITTAL FORMAT ......................................................... 5
VII. AWARD……………………………………………………………………………………………………..7
VIII. EVALUATION CRITERIA .................................................................................................................. 7
IX. TENTATIVE SCHEDULE OF EVENTS ............................................................................................... 8
X. GENERAL INFORMATION AND INSTRUCTIONS ......................................................................... 8
XI. APPENDICES .............................................................................................................................................. 12
APPENDIX I- NON-COLLUSION AFFIDAVIT ............................................................................................ 13
APPENDIX II- CONFLICT OF INTEREST ................................................................................................... 14
APPENDIX III- RESPONDENT'S STATEMENT OF ASSURANCE AND COMPLIANE ......................... 17
3
I. GLOSSARY OF TERMS
Addendum/ Addenda: A written change, addition, alteration, correction, or revision to a bid, proposal, or contract
document. Commonly, the name given to the document used to revise a solicitation. Addendum/addenda may be issued
following a pre-bid/pre-proposal conference or as a result of a specification or work scope change to the project.
(Harney, 1992)
Assignment: Legal transfer of a claim, right, interest or property.
Consultant: To work or serve in an advisory capacity. A person or company that possesses unique qualifications which
allow them to perform specialized advisory services usually for a fee.
Consultant Services: Services of an advisory nature to support policy development, decision-making, administration, or
management of a business or public entity; generally provided by individuals or organizations who possess specific
knowledge, technical skills or unique abilities not usually available in house or from within the entity.
Fee: (1) A sum of money paid for some service. (2) A charge or payment, usually for professional or technical services.
Late Bid/Proposal/Qualification: A bid, proposal, qualification, withdrawal, or modification received, at the designated
place for receipt, after the established due date and time. Late bids/proposals/qualifications are not opened and may be
returned to the bidder/proposer advising that the bid was received late (after the due date and time) and cannot be
accepted.
Offeror: The person/entity who submits a proposal in response to a Request for Qualification (RFQ). One who makes an
offer in response to a solicitation. Term Bidder is interchangeably throughout this RFQ. Also see definition of a
Responsible and Responsive Offeror/Bidder.
Request for Qualification (RFQ): A document, which is issued by a procurement entity to obtain statements of the
qualifications of potential responders (development teams or consultants) to gauge potential competition in the
marketplace, prior to issuing the solicitation.
Responsible Bidder/Offeror: Also referred to as Responsible Proposer or Respondent. A consultant, business entity or
individual who is fully capable to meet all of the requirements of the solicitation and subsequent contract. Must possess
the full capability, including financial and technical, to perform as contractually required. Must be able to fully document
the ability to provide good faith performance.
Responsive Bidder/Offeror: Also referred to as Responsive Proposer or Respondent. A consultant, business entity or
individual who has submitted a bid or proposal that fully conforms in all material respects to the IFB/RFP/RFQ and all of
its requirements, including all form and substance.
Short List: Names of candidates that have been narrowed considerably from a longer list of top-ranked Offerers.
Solicitation: An invitation for bids, a request for proposals or qualifications, telephone calls or any document used to
obtain bids, proposals, or qualifications for the purpose of entering into a contract.
Scope of Work/Services: A scope of work/services is developed at the beginning of the procurement cycle and is a
written description of the entity's needs and desired outcomes for the procurement and becomes the basis for any
resulting solicitation. The scope of work/services helps to ensure that the product or service meets the stated outcome
and establishes the parameters of the resulting contract.
(Definitions above provided by the National Institute of Governmental Purchasing and Free Dictionary.cam)
II. GENERAL INFORMATION
This solicitation is a Request for Qualifications (RFQ). Sealed Statements of Qualifications (SOQ) will be received by Clarendon School District 4 for the above titled project. Submittals shall be sent to Jason Newsome Clarendon 4 Board Chair PO Drawer 270 Turbeville, SC 29162. All submittals should be clearly marked CONFIDENTIAL: CLARENDON 4 LEGAL SERVICES RFQ. Any submissions without this marking will not be considered. All submissions will remain sealed until opening at the next Clarendon 4 Board of Trustees meeting. The Clarendon School District 4 will conduct a formal selection process to determine the best qualified respondent(s) that meets the District's needs and budget. The Clarendon 4 Board of Trustees will review the statements of qualification, evaluate, and score. Top scoring proposers will be short listed and invited to interview (if necessary). The determination of the successful respondent will be based on a variety of criteria including, but not limited to, qualifications, experience, and past performance of the respondent.
Clarendon School District 4 is an equal opportunity employer and encourages Local Business and Disadvantaged Business Enterprise (DBE) in accordance with Division of Small and Minority Business Contracting and Certification (SMBCC) and/ or similar state or federal certification programs participation to the extent legally feasible.
Ill. PURPOSE
The purpose of this request for qualification is to seek qualified attorney(s), firm(s) hereinafter referred to as "Consultant" to provide various legal services for Clarendon School District 4, hereinafter referred to as "District". The services requested shall be on an as needed basis.
IV. SCOPE OF SERVICES
The requested areas of legal services include Business/Corporate, Student Affairs, Personnel/Employment, and
Property/Real Estate. The Consultant must be licensed to practice law in the state South Carolina with a main
office located in South Carolina. Consultant(s) services will be requested on an as needed basis.
LOT 1: BUSINESS/ CORPORATE
• Representation of the District, Board of Trustees, and employees in tort liability and other insured claims. • Assistance with the procurement of capital construction, including review of architectural, construction,
and construction management contracts, and bid protests. • Advice concerning the legal requirements of the South Carolina Freedom of Information Act, the South
Carolina Ethics Act, the South Carolina Charter Schools Act, and the South Carolina Education Accountability Act.
• Reapportionment and other election law matters affecting school districts. • Assistance in implementing Board policies and administrative regulations. • Advice concerning constitutional issues, particularly religious and free expression matters, including but
not limited to Board members, students, and personnel.
4
LOT 2: STUDENT AFFAIRS
• Assistance and representation in legal matters involving student discipline. • Compliance with legal requirements regarding the education and discipline of students with disabilities
under the Individuals with Disabilities Education Act and Section 504 including placement, due process hearings, and federal court actions.
LOT 3: PERSONNEL/EMPLOYMENT
• Assistance and representation in matters relating to certificated and classified personnel, l&, employment, supervision, evaluation, termination, equal employment opportunity, and employee relations.
• Development of supervisory training programs with an emphasis on performance evaluation and supervision.
LOT 4: PROPERTY/ REAL ESTATE
• Advice and transaction representation on property management matters, including but not limited to real estate sales, purchase, leases and rental agreements
V. ELABORATION AND CLARIFICATION
The District may ask any or all respondents to elaborate or clarify specific points or portions of their statement. Clarification may take the form of written responses to questions or meetings to discuss the RFQ and/or the participant's response. If you do not ask questions or clarify any assumptions, the District will assume that you agree with and understand the requirements in the RFQ. Any exceptions to the terms, conditions, provisions, and requirements delineated must be specifically noted and explained by the Consultant and must be submitted by May 11, 2020 at 12:00 PM, which is the last day for questions.
VI. RESPONSE REQUIREMENTS AND SUBMITTAL FORMAT
Each LOT will be evaluated independently. Consultants will be required to submit a separate Statement of Qualifications (SOQ) for each LOT (each area of service) for which they are qualified. For example, if your firm is qualified to provide services for all LOTS you will need to submit four (4) separate SOQ's which must be clearly marked with the appropriate LOT number.
Written SOQ's shall include all of the following information required in this Request for Qualifications, and may include any additional information that the respondent deems pertinent to the understanding and evaluation of the response. Submittals shall not exceed 25 pages, excluding tabs, with a minimum be 12 pt. font minimum, on 8½ by 11 paper double sided. Submittals shall include the following information separated by tabs:
A. Cover letter and Firm Overview Name of primary contact
5
6
i. Address
ii. Telephone number
iii. Email
iv. State or Federal Certification Participation Program (Small, Women-owned, Minority,
Veteran, or Disadvantaged or Historically Underutilized Busin ess).
v. Co p y o f sample monthly billing statement
B. Profile of the Consult ant
Briefly describe the attorney(s)/ firm. Give the location of the office(s) and the number and
type of professional employees. Describe the consultant's experience with public sector
clients including school districts.
C. Executive Summary
Explanation outlining Consultant' s qualifications for providing the type of service for the LOT
to which you are submitting. Briefly state the firm’s understanding of the request ed
services, provide a statement of the firm' s ability to perform the requested services and a
sample copy of a monthly billing statement.
D. Qualifications
The Consultant must license to practice law in South Carolina. Identify the individuals who
will be involved in providing the requested services. Provide resumes for these individuals.
E. Experience/ References
The Consultant should have, at a minimum, 7 years successful experience practicing
school law. Briefly state the firm's understanding of the requested services and outline
the Consultant's qualifications for providing the type of service for the LOT to which you
are submitting. Describe the firm' s experiences with the requested service(s) and provide
a listing and brief explanation of the firm's successfully litigated school law cases in the
South Carolina and/or Federal Courts.
Provide five (5) public sect or references of which three (3) shall be K-12 school districts in
South Carolina in the past three (3) years. Include the following:
• Name and location
• Contact Name, title, phone and email address
• Services provided
F. Fees shall be submitted separately in sealed envelope
Outline the firm's fee structure (hourly rate of each member of the firm)
G. Appendices
Appendix I- Non-Collusion Affidavit
Appendix II- Conflict of Interest
Appendix Ill- Respondent' s Statement of Assurances and Compliances
7
All responses should be submitted to Clarendon School District 4 no later than May 18, 2020 at 3:00 PM.
Consultant(s) shall deliver one (1) original UNBOUND copy and one (1) USB drive of the information requested
above. USB drive should contain all documents related to this RFQ that are included in the hard copy. The hard
copies and USB drives should contain the same information. Any submissions found to have different information
between the hard copy and USB drive will not be considered. The Board of Trustees will be disseminating
information electronically amongst one another, so accuracy on the USB drive is vital. Statement of Qualifications
should be prepared simply and economically, providing a straight forward and concise response to satisfy the
requirement of this Request for Qualification. All submittals must be clearly labeled on the outside of the envelope
with the following wording: "CONFIDENTIAL: CLARENDON 4 LEGAL SERVICES RFQ". All late statements
will be rejected. The District is not responsible for late SOQ's caused by delays in mail delivery or a delay in any
other method of delivery.
VII. AWARD
It is to the sole discretion of the District to determine the award method. The District may short-list firms, who are
highest ranked, responsive, and responsible, under each LOT.
VIII. EVALUATION CRITERIA
The Clarendon School District 4 Board of Trustees will review each submittal based upon the criteria listed
below. The written evaluation may or may not produce a list of the top-rated qualifications (short list) that will
be selected for possible inter views. Respondents may or may not be interviewed and the District reserves the
right to conduct interviews at its sole discretion. Oral interviews, if necessary, will be conducted at a Special
Called Board Meeting on Wednesday, June 3, 2020 via Zoom. The short-listed Consultants will be contacted
by the School Board Chair via e-mail to determine their interview date and time. Proposers should plan to have
available, in person, key personnel who will be assigned to work on these services. Individuals who fail to attend
the interview may not be given a score which could jeopardize the Firm's competitiveness. The District
reserves the right to change the interview date, if necessary.
The evaluation criteria are as follows:
RFQ Evaluation Criteria
Rating
Percentage
1. EXPERIENCE AND REFERENCES
• Understanding of the requested services. • Outline for providing the requested services. • Firm experience with the requested services. • Review of successful litigated school law cases. • Review of References.
Max. 55%
8
2. QUALIFICATIONS
• Resumes of the individuals providing the services.
Max. 35%
3. PROFILE OF THE FIRM
• Description of the firm, professional employees, and public sector
experience.
Max. 10%
IX. TENTATIVE SCHEDULE OF EVENTS
Request for Qualifications Issue Date May 8, 2020
Last Day for Questions May 15, 2020 12:00 PM
Request for Qualifications Close May 18, 2020 3:00 PM
Board Review and Score May 18- May 21.
Notify of Interview May 27, 2020 No later than 5:00 PM
Interviews June 3, 2020
Notice of Award June 3, 2020
X. GENERAL INFORMATION AND INSTRUCTIONS
A. Request for Qualification Process
This RFQ does not commit C l a r e n d o n S c h o o l D i s t r i c t 4 to pay for direct or indirect costs. Any
costs associated with RFQ preparation, selection interviews, and any other company activity prior to award of a
contract shall be at the Consultant's expense. Rooms, meals, travel, telephone, and administrative costs shall be
at the Consultant' s expense.
The RFQ is not a bid. In the event that the District elects to negotiate a contract with the successful respondent(s),
any contract shall contain at a minimum the terms and conditions as hereinafter stated. The District reserves the
right, in its sole discretion to reject all submissions, reissue a subsequent RFQ, terminate, restructure or amend
this procurement process at any time. The final selection and contract negotiation rests solely with the District.
B. Questions
Requests for additional information and questions must be submitted to Board Chair, Jason Newsome via email
The deadline for additional information and questions is May 15, 2020 by 12:00 P.M. (EST). The District will not
9
accept telephone calls or visits regarding this RFQ. No interpretation shall be binding unless in writing from the
Clarendon School District 4.
No questions may be directed to or contacts made with members of the Clarendon County School Board of
Trustees, Superintendent, Chief Officers or any District staff not identified in this RFQ as points of
contacts during the period of time that this RFQ is made public until the final selection is made,
except as otherwise provided for herein. Violation of this prohibition will be subject to disqualification of the
Consultant from further consideration.
C. Confidentiality
Unless otherwise required by law, and until the public opening of the SOQ's, all information, materials and other
documents submitted by a respondent shall not be released or made available to any person or entity except
District representatives assisting in this procurement process. Unless required by law, proprietary or financial
information submitted to the District by a respondent will not be disclose d if the respondent visibly marks each
part of the response that the respondent considers confidential, financial or proprietary information with the word
"CONFIDENTIAL."
D. Respondent's Duty to Inspect, Advise and Declare All Costs
Each respondent shall become fully acquainted with the District's requirements and the scope of the services to
be provided. Respondents have a duty to request any information from the District as it deems necessary to
prepare the RFQ. Such requests shall be made in compliance with the Elaboration and Clarification section of
the RFQ. No change order will be granted, or additional compensation permitted, if it is based upon information
that the respondent knew, or should have known, as part of the respondent's duty to become acquainted with
the District's circumstances and requirements.
E. Time for Receiving Responses
Responses submitted prior to the time of opening will be secure and kept unopened. The responses w i l l
rema in sea led and unopened un t i l t he C la rendon Schoo l D is t r ic t 4 Boa rd o f T rus tees
meet ing on May 18 , 2020 where the board w i l l open a l l subm iss ions a t t he same t ime .
No responses rece ived a f t e r the due da te and t ime w i l l be cons idered .
F. Submittal of Responses
All responses to this RFQ must be clearly marked CONFIDENTIAL: CLARENDON 4 LEGAL SERVICES RFQ. A
minimum of one (1) original UNBOUND copy and one (1) USB drive containing the SOQ shall be submitted. All RFQ's
shall be submitted no later than May 18, 2020 at 3:00 P.M. and the USBs and hard copies shall be submitted to Jason
Newsome Clarendon School District 4 Board Chair at PO Drawer 270 Turbeville, SC 29162. All late SOQs will be
rejected. The District is not responsible for late RFQ ' s caused by delays in mail delivery or a delay in any other method
of delivery. All responders should understand that this RFQ is for legal services for the newly consolidated Clarendon
School District 4. Submissions are being mailed to the Clarendon School District 3 District Office out of convenience for
the Clarendon 4 Board of Trustees.
10
G. Acceptance and Rejection
Any SOQs that do not conform to the essential requirements of the RFQ shall be rejected. The District reserves
the right to waive informalities and minor irregularities in submittals and reserves the sole right to determine
what constitutes informalities and minor irregularities. The District also reserves the right to accept or reject
any or all SOQs received in response to this RFQ and to negotiate separately with competing respondents. The
District is not obligated to enter into any contract on the basis of any submittal in response to this RFQ. The
District reserves the right to request additional information from any company submitting under this RFQ if the
District deems such information necessary to further evaluate the consultant's qualifications.
H. Acceptance Period
Any SOQ in response to this solicitation shall be valid for 120 calendar days. At the end of this time the SOQ may be
withdrawn at the written request of the respondent if no award has been made. If the RFQ is not withdrawn at that
time, the SOQ in its entirety, including the price structure, shall remain in effect.
I. Cancellation of Responses
Responses may be cancelled prior to the time fixed for opening. Negligence on the part of the bidder in submitting
the response confers no right for the withdrawal of the responses after it has been opened.
J. Bidders Present
At the time fixed for the opening of SOQs, the proposer' s name will be made public for the information of
bidders and the general public. Offerors will not be permitted to examine the SOQs until award is made.
K. Conflict of Interest
Respondents shall complete the Conflict of Interest Form listed in the Appendices. By submitting this SOQ, the
respondent certifies that it has no conflict of interest with any employee, agent, elected official or officer of the
District or any other conflict as may be set forth herein.
L. Collusion
More than one SOQ from an individual, firm partnership, corporation, association or related parties under the same
or different names will not be considered. If the District believes that collusion exists among respondents, all SOQs
from the suspected firms will be rejected. "Related parties" means respondents or the principals thereof, which
have a direct or indirect ownership or profit sharing interest in another respondent.
Respondents shall comply with all local, state, and federal directives, orders, and laws as applicable to this RFQ
and any resulting contract.
By responding to this RFQ, respondents certify that the response is made without previous understanding,
agreement, or connection with any person, firm or corporation submitting a statement of qualification for the
same service, and they certify the knowledge that this would constitute an illegal action.
11
M. Force Majeure
Neither the District nor the Consultant shall be liable for any excess costs if failure to perform the contract arises
out of causes beyond the control and without the fault or negligence of either party. Such causes may include, but
not restricted to acts of God or of the public enemy, acts of government in either its sovereign or contractual
capacity, fires, floods epidemics, quarantine, restrictions, strikes, freight embargos, and unusually severe weather
conditions; but in every case, the failure to perform is caused beyond the control of both the District and the
Consultant, and without the fault or negligence of either of them.
N. Assignments
No contract may be assigned, sublet, or transferred without a written consent of the District.
0. Non-Appropriations
Any contract entered into by the District resulting from this request for qualification shall be subject to cancellation
without damages or further obligation when funds are not appropriated or otherwise made available to support
continuation of performance in a subsequent fiscal period or appropriated year.
P. Bid Opening Delay
If it becomes necessary to postpone an opening/closing, the Board Chair shall issue the appropriate addendum
to the solicit at ion postponing or rescheduling the opening/closing. When the District is closed due to force
majeure, the solicitation opening/closing will be postponed to the same time on the next official business day.
Q. Exceptions
Notwithstanding any prior negotiations, the specifications and term s and conditions provided take precedence.
Formal objection is hereby made to any or different terms proposed by bidders unless stated by the date in listed in
the Elaboration and Clarification Clause.
XI. APPENDICES
Appendix I- Non-collusion Affidavit
Appendix II- Conflict of Interest
Appendix Ill- Respondent's Statement of Assurance and Compliance
12
- - - - - - - - - - -
APPENDIX I- NON-COLLUSION AFFIDAVIT
State of
County of
being first duly sworn, deposes and says that:
(1) He is
the attached RFQ:
of -- - - - - - - - - - , the Bidder that has submitted
(2) He is fully informed respecting the preparation and contents of the attached RFQ
and of all pertinent circumstances respecting such RFQ:
(3) Such RFQ is genuine and is not a collusive or sham RFQ:
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or
parties in interest, including this affidavit, has in any way colluded, conspired, connived or agreed, directly
or indirectly with any other Bidder, firm or person to submit a collusive or sham in connection with the
Contract for which the attached RFQ has been submit ted or to retain from bidding in connection with such
Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication
or conference with any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against the District or any person interested in the proposed Contract; and
(S) The price or prices quoted in the attached RFQ are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,
representatives, owners, employees, or parties in interest, including this affidavit.
(Signed)_ _ _ _ _ _ _ _ _ _ _ _ _ _
(Title)
Subscribed and sworn to before me
this day of _,20
(Notary Public)
My commission expires _ _ _ _ _ _ _
13
APPENDIX II- CONFLICT OF INTEREST
I, {Offeror/ Consultant), on behalf of myself and my company, and my sub-
Consultants, if applicable, certify the following, under penalty of perjury, that to the best of my knowledge and
belief:
1. No circumstances currently exist that create a Conflict of Interest in my performing the services required
by the Solicitation to which I am responding or the Agreement to be signed if I am the successful Offeror
in response to this Solicitation, and
2. I understand and acknowledge that my failure to disclose any affiliation or relationship that creates or
may create a Conflict of Interest shall be deemed a material misrepresentation and sufficient reason for
Offeror and Offeror's company to be disqualified, suspended, and/or excluded from participating in this
and any future solicitation and procurements as well as removal from the Clarendon School District
4 vendor database. It may further result in termination of any contractual relationship with Clarendon
School District 4 and may be grounds for disciplinary action, up to and including debarment by the
District, fines, penalties, imprisonment, or civil suit to be brought against Offeror or Offeror's company.
3. That to my knowledge, no employee or official of the District, nor any public agency or official affected
by this Solicitation or the Agreement to be signed if I am the successful Offeror, has any pecuniary
interest in the business of the Offeror's company or Offeror's sub-Consultant (s), nor does Offeror or
Offerer’s sub-Consultant{s) have any interest that would conflict in any manner or degree with the
performance related to this Solicitation or Agreement.
4. I warrant that I and my sub-Consultant(s), if any, have not employed or retained any company or person
other than a bona fide employee working solely for the Offerer's company or sub-Consultant{s) in order
to solicit or secure an agreement with Chester County School District, as related to this Solicitation or
any resulting Agreement, and that I and my sub-Consultant(s), if any, have not paid or agreed to pay
any person, company, corporation, individual, or firm other than a bona fide employee working solely for
the Offerer's company or Offeror's sub-Consultant {s) any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award of any Agreement.
5. I warrant and represent that my offer identifies and explains below any unfair competitive advantage I or
my company or sub-Consultant(s) may have in competing for the Agreement to result from this
Solicitation and any actual or potential conflicts of interest that may arise from my participation in this
Solicitation or my receipt of an award. I acknowledge that the District intends by this statement
14
to identify any and all potential conflicts of interest and unfair competitive advantages held by any Offerer,
to prevent the existence of conflicting roles that might bias a consultant's judgment and prevent one
Offerer or company from having an unfair competitive advantage over other Offerers. The District, in its
sole discretion, has the authority and responsibility to determine whether or not a conflict of interest or
unfair competitive advantage exists, after a review of the relevant facts. I acknowledge and understand
that if I or my company has an unfair competitive advantage or a conflict of interest; the District may
withhold the award of this Agreement. Before withholding award on these grounds, an Offerer will be
notified of the concerns and provided a reasonable opportunity to respond. Efforts to avoid or mitigate
such concerns, including restrictions on future activities, may be considered.
List any Actual or Potential Conflicts of Interest below or check the box below to certify that none
exists. Failure to fully disclose information may result in penalties and/or sanctions as outlined in #2
above.
Plea se check only one box below.
No known actual or potential Conflicts of Interest are subject to disclosure.
All identified actual or potential Conflicts of Interest and/or Unfair
Competitive advantage(s) are stated below and submitted for further
review by Clarendon School District 4.
6. I warrant that should I become aware of an actual or potential conflict of interest involving my company or
sub-Consultant(s), if any, in performing the services under the Agreement or responding to this
Solicitation, I will notify the District immediately. I also warrant that should I become aware of any
competitive advantage that my company or sub-Consultant(s) have in responding to this Solicitation or
providing services under an Agreement related to this Solicitation, I will immediately notify the District of
the discovery of a possible competitive advantage. I understand and acknowledge that this obligation to
inform the District of the discovery of a conflict of interest or competitive advantage is a continuing
obligation and extends throughout the Term of the Agreement for this procurement.
7. By signing this statement, I certify for myself and on behalf of my company and any of my sub
Consultant(s) that I have and will comply with, and have not, and will not, induce a person to violate Title
8, Chapter 13 of the South Carolina Code of Laws, as amended (Ethics Act). I acknowledge and
understand that the District may rescind any Agreement and recover all amounts expended as a result
of any action taken in violation of this provision. If I or my company or sub-Consultant(s) participate,
directly or indirectly, in the evaluation or award of public Agreements, including without limitation, change
orders, or task orders regarding a public Agreement, I shall, if required by law to file such a statement,
provide the statement required by Section 8-13-1150to the Purchasing Agent at the same time the law
required the statement to be filed.
Company Name:
By:
Print Name: - - - - - - - - - - - - - - - - - - TitIe:- - - - - - - - - - - - - - - - - - - - - Date: - - - - - - - - - - - - - - - - - - - - -
Subscribed and sworn to before me
this day of ,20
(Notary Public) My commission expires _ _ _ _ _ _ _ _
16
APPENDIX III- RESPONDENT'S STATEMENT OF ASSURANCE AND COMPLIANCE
The Undersign ed, as a part of responsiveness, certifies t h at the Ter m s and Conditions and Scope of Work for
this solicitation have been read and understood.
The Respondent hereby provides assurance that the firm represented in this solicitation as indicated below:
1. Will comply with all requirements, stipulations, terms, and conditions as stated in the solicitation; and
2. Currently complies with all applicable Federal and State Laws and Regulations relative to non
discrimination in employment practices; and
3. That such agent, as in di cat ed below, is officially authorized to represent the firm in whose name
the response is submitted.
FIRM REPRESENTED AGENT
Name of Firm: Signature of Agent:
Street Address: Printed Name
City & State: Title
Zip Code: Date
Telephone No. Cell No.
Email:
Minority Vendor Yes_ _ No If yes, Certificate # _
17