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<br />SUBMITTING CONFIDENTIAL INFORMATION (AUG 2002)
<br />(An overview is available at ~vww.procurement.sc.gov) For every document Offeror submits in response to or with regard to this
<br />solicitation or request, Offeror must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, that Offeror
<br />contends contains information that is exempt from public disclosure because it is either (a) a trade secret as defined in Section 30-4-
<br />40(a)(1), or (b) privileged and wnfidential, as that phrase is used in Section 11-35-410. For every document Offeror submits in response
<br />to or with regard to this solicitation or request, Offeror must separately mark with the words "TRADE SECRET" every page, or portion
<br />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
<br />document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word
<br />"PROTECTED" every page, or portion thereof, that Offeror contends is protected by Section 11-35-1810. All markings must be
<br />conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text. Do
<br />not mark your entire response (bid, proposal, quote, etc.) as confidential, trade secret, or protected. If your response, or any part thereof,
<br />is improperly marked as confidential or trade secret or protected, the State may, in its sole discretion, determine it nonresponsive. If only
<br />portions of a page are subject to some protection, do not mark the entire page. By submitting a response to this solicitation or request,
<br />Offeror (1) agrees to the public disclosure of every page of every document regarding this solicitation or request that was submitted at
<br />any time prior to entering into a contract (including, but not limited to, documents contained in a response, documents submitted to
<br />clarify a response, and documents submitted during negotiations), unless the page is conspicuously marked "TRADE SECRET" or
<br />"CONFIDENTIAL" or "PROTECTED", (2) agrees that any information not mazked, as required by these bidding instructions, as a
<br />"Trade Secret" is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that, notwithstanding any claims or markings
<br />otherwise, any prices, commissions, discounts, or other financial figures used to determine the award, as well as the final contract
<br />amount, are subject to public disclosure. In determining whether to release documents, the State will detrimentally rely on Offeror's
<br />marking of documents, as required by these bidding instructions, as being either "Confidential" or "Trade Secret" or "PROTECTED". By
<br />submitting a response, Offeror agrees to defend, indemnify and hold harmless the State of South Carolina, its officers and employees,
<br />from every claim, demand, loss, expense, cost, damage or injury, including attorney's fees, arising out of or resulting from the State
<br />withholding information that Offeror marked as "confidential" or "trade secret" or "PROTECTED". (All references to S.C. Code of
<br />Laws.) [02-2A125-1]
<br />SUBMITTING YOUR OFFER OR MODIFICATION (JAN 2004)
<br />(a) Offers and offer modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) - (1)
<br />Addressed to the office specified in the Solicitation; and (2) Showing the time and date specified for opening, the solicitation number,
<br />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
<br />different envelope or package. (c) Each Offeror must submit the number of copies indicated on the Cover Page. (d) Offerors using
<br />commercial tamer services shall ensure that the Offer is addressed and marked on the outermost envelope or wrapper as prescribed in
<br />pazagraphs (a)(1) and (2) of this provision when delivered to the office specified in the Solicitation. (e) Facsimile or a-mail offers,
<br />modifications, or withdrawals, will not be considered unless authorized by the Solicitation. (f J Offers submitted by electronic commerce
<br />shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation. [02-2A130-1]
<br />TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN 2008)
<br />Pursuant to Section 12-6-3350, a taxpayer having a contract with this State who subcontracts with a socially and economically
<br />disadvantaged small business is eligible for an income tax credit equal to four percent of the payments to that subcontractor for work
<br />pursuant to the contract. The subcontractor must be certified as a socially and economically disadvantaged small business as defined in
<br />Section 11-35-5010 and regulations pursuant to it. The credit is limited to a maximum of fifty thousand dollars annually. A taxpayer is
<br />eligible to claim the credit for ten consecutive taxable years beginning with the taxable year in which the first payment is made to the
<br />subcontractor that qualifies for the credit. After the above ten consecutive taxable years, the taxpayer is no longer eligible for the
<br />credit. A taxpayer claiming the credit shall maintain evidence of work performed for the contract by the subcontractor. The credit may
<br />be claimed on Form TC-2, "Minority Business Credit." A copy of the subcontractor's certificate from the Governor's Office of Small and
<br />Minority Business (OSMBA) is to be attached to the contractor's income tax return. Questions regarding the tax credit and how to file
<br />are to be referred to: SC Department of Revenue, Research and Review, Phone: (803) 898-5786, Fax: (803) 898-5888. Questions
<br />regarding subcontractor certification are to be referred to: Governor's Office of Small and Minority Business Assistance, Phone: (803)
<br />734-0657, Fax: (803) 734-2498. [02-2A135-1]
<br />TAXPAYER IDENTIFICATION NUMBER (JAN 2004)
<br />(a) If Offeror is owned or controlled by a common pazent as defined in paragraph (b) of this provision, Offeror shall submit with its Offer
<br />the name and TIN of common parent.
<br />(b) Definitions: "Common parent," as used in this provision, meads that corporate entity that owns or controls an affiliated group of
<br />corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. "Taxpayer
<br />Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by
<br />the offeror in reporting income tax and other retums. The TIN may be either a Social Security Number or an Employer Identification
<br />Number.
<br />(c) If Offeror does not have a TIN, Offeror shall indicate if either a TIN has been applied for or a TIN is not required. If a TIN is not
<br />required, indicate whether (i) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income
<br />effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a
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<br />Attachment number 3
<br />Page 148 of 433 '
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