A.
General Application.
Any bid which fails to conform to the essential requirements of
the invitation for bids shall be rejected.
B. Alternate Bids.
Any bid which does not conform to the specifications contained
or referenced in the invitation for bids may be rejected unless the invitation
authorized the submission of alternate bids and the supplies offered as
alternates meet the requirements specified in the invitation.
C. Any bid which fails to conform to the
delivery schedule, to permissible alternates thereto stated in the invitation
for bids, or to other material requirements of the solicitation may be rejected
as nonresponsive.
D. Modification
of Requirements by Bidder.
(1) Ordinarily a
bid should be rejected when the bidder attempts to impose conditions which
would modify requirements of the invitation for bids or limit his liability to
the State, since to allow the bidder to impose such conditions would be
prejudicial to other bidders. For example, bids should be rejected in which the
bidder:
(a) attempts to protect himself
against future changes in conditions, such as increased costs, if total
possible cost to the State cannot be determined;
(b) fails to state a price and in lieu
thereof states that price shall be "price in effect at time of
delivery;"
(c) states a price but
qualified such price as being subject to "price in effect at time of
delivery;"
(d) when not authorized
by the invitation, conditions or qualifies his bid by stipulating that his bid
is to be considered only if, prior to date of award, bidder receives (or does
not receive) award under a separate procurement;
(e) requires the State to determine that the
bidder's product meets state specifications; or
(f) limits the rights of the State under any
contract clause.
(2)
Bidders may be requested to delete objectionable conditions from their bid
provided that these conditions do not go to the substance, as distinguished
from the form, of the bid or work an injustice on other bidders. Bidder should
be permitted the opportunity to furnish other information called for by the
Invitation for Bids and not supplied due to oversight, so long as it does not
affect responsiveness.
E. Price Unreasonableness.
Any bid may be rejected if the responsible procurement officer
determines in writing that it is unreasonable as to price.
F. Bid Security Requirement.
When a bid security is required and a bidder fails to furnish
it in accordance with the requirements of the invitation for bids, the bid
shall be rejected.
G.
Exceptions to Rejection Procedures.
Any bid received after the procurement officer of the
governmental body or his designee has declared that the time set for bid
opening has arrived, shall be rejected unless the bid had been delivered to the
location specified in the solicitation or the governmental bodies' mail room
which services that location prior to the bid opening.
Notes
S.C. Code Regs.
19-445.2070
Amended by State Register
Volume 19, Issue No. 2, eff February 24, 1995; State Register Volume 23, Issue
No. 5, eff May 28, 1999; State Register Volume 31, Issue No. 5, eff May 25,
2007;
State
Register Volume 44, Issue No. 04, eff.
4/24/2020.