Request For Proposals For Security Guard Services Various Facilities The South Carolina State Ports Authority Charleston, South Carolina USA
Request For Proposal No. SG042613 South Carolina State Ports Authority 176 Concord Street Charleston, SC 29401 March 22, 2013 NOTICE: PROSPECTIVE RESPONDENTS WHO HAVE RECEIVED THIS DOCUMENT FROM A SOURCE OTHER THAN THE ISSUING OFFICE SHOULD IMMEDIATELY CONTACT THE ISSUING OFFICE TO PROVIDE THEIR NAME AND ADDRESS SO THAT AMENDMENTS OR OTHER COMMUNICATIONS MAY BE SENT TO THEM. ANY PROSPECTIVE RESPONDENTS WHO FAILS TO PROVIDE THIS INFORMATION TO THE ISSUING OFFICE ASSUMES COMPLETE RESPONSIBILITY IN THE EVENT THEY DO NOT RECEIVE COMMUNICATIONS PRIOR TO THE CLOSING DATE.
TABLE OF CONTENTS PROPOSAL NOTICE SG042613
SECTION 1 - Introduction ....................................................................................................... 1-2 SECTION 2 - Instructions to Respondents ............................................................................... 1-6 SECTION 3 - Proposal Preparation/Format ............................................................................. 1-4 SECTION 4 - Scope Of Services ............................................................................................ 1-18 ATTACHMENT A - Response Forms ........................................................................................ 1-4 ATTACHMENT B - Affidavit of Non-Collusion ...........................................................................1 ATTACHMENT C - Certification of Drug-Free Workplace ..........................................................1 ATTACHMENT D - Certification of Immigration Reform Act of 2008 ........................................1 ATTACHMENT E - Sample Service Agreement ....................................................................... 1-8 ATTACHMENT F - Acknowledgment of Addenda .......................................................................1 ATTACHMENT G - Litigation Disclosure .....................................................................................1 SECTION 5 - General Terms and Conditions ........................................................................ 1-10 APPENDIX A - Training ............................................................................................................ 1-3 APPENDIX B - Abilities Required ............................................................................................ 1-2 APPENDIX C - SC Code of Laws, Title 40 Chapter 18 .......................................................... 1-11
SOUTH CAROLINA STATE PORTS AUTHORITY Procurement Office 838 Morrison Drive Charleston, SC 29403 Ph: (843) 577-8181 Fax: (843) 577-8690
REQUEST FOR PROPOSAL
Solicitation Number: Procurement: SCOPE OF WORK:
Proposal Opening Date/Time: Location:
Proposal Opening Procedures:
SG042613
Date:
March 22, 2013
SECURITY GUARD SERVICES Provide all necessary expertise, labor, management, materials, uniforms, equipment, patrol vehicles, supplies, training, licenses, permits, insurance and any other items necessary to perform the required work. Contract award subject to the terms, conditions, provisions, and specifications listed herein. Proposals will be received until the stated date and time.
April 26, 2013 at 2:00 p.m. Procurement Office 838 Morrison Drive Charleston, SC 29403 Depending on the type of project for which proposals are requested, the items read at the opening will vary. Sealed proposals are not public records subject to mandatory disclosure under the South Carolina Public Records Law until such time as the South Carolina State Ports Authority provides notice of a decision or intended decision to award the contract.
Direct all inquiries to: Timothy Connor Manager, Procurement
SECTION 1 INTRODUCTION
1.01
BACKGROUND Founded in 1942, the South Carolina State Ports Authority (hereafter the “Authority”) owns and operates public marine terminals at two port facilities: The Port of Charleston, Port of Georgetown, and the SC Inland Port in Greer, SC is under construction. These facilities are owner-operated terminals, meaning the Authority owns the terminals, operates all container cranes, manages and operates all container storage yards. The Port Authority Police are responsible for the physical security of all Authority facilities and work in conjunction with federal, state and local homeland security partners to prevent deter and detect threats of terrorism or crime against Authority facilities and users. The primary responsibility of the Port Police is to provide physical security, emergency response to incidents, control traffic and control access at all Authority facilities with an emphasis on ensuring the flow of commerce. The South Carolina State Ports Authority promotes, develops and facilitates waterborne commerce to meet the current and future needs of its customers, and for the economic benefit of the citizens and businesses of South Carolina. The Authority fulfills this mission by delivering cost competitive facilities and services, collaborating with customers and stakeholders, and sustaining its financial self-sufficiency. The South Carolina State Ports Authority is comprised of seven (7) public shipping terminals, is one of the busiest container ports along the Southeast and Gulf coasts and is recognized as one of the nation’s most efficient and productive ports. International trade through South Carolina ports facilitates 280,600 jobs across the state in the maritime, transportation, distribution and manufacturing industries while providing an overall economic impact of $45 billion each year. The Authority handled 1.5 million TEUs or 20 foot equivalent units of containers in the year 2012. The Authority operates as a self-supporting governmental enterprise. The Authority has no stockholders or equity holders and is directed by a governing board, whose members are appointed by the Governor of South Carolina for five-year terms. In addition, the Authority is specifically “exempted” from the South Carolina Consolidated Procurement Code, but follows the spirit of the Code in its procurement activity.
1.02
PURPOSE: The South Carolina State Ports Authority is seeking qualified Respondents to furnish the Authority with all necessary expertise, labor, management, materials, uniforms, equipment uniformed personal, vehicles, supplies, training, licenses, permits, and insurance to perform security services and augment the Authority’s compliment of certified police officers by providing security services at SC Inland Port, Port of Georgetown, Port of Charleston Corporate Headquarters or any other Authority location as requested.
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Any contract award hereunder shall be performed in accordance with the Scope Of Services and specifications set forth in this solicitation, as well as the Terms And Conditions contained herein. The purpose of this Request For Proposal (“RFP”) is to provide information to any person, partnership, corporation or other entity interested in preparing and submitting proposals to meet the Authority’s requirements for providing security services. Services contemplated may include some or all of those services detailed in Section 4 of this RFP. Any contract resulting from this procurement process shall provide for firm, fixed, allinclusive rates for payment of all services.
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SECTION 2 INSTRUCTIONS TO RESPONDENTS
2.01
DELIVERY OF PROPOSALS An original and three (3) copies of the Proposal and one original of all required supplemental material listed in Section 3 (items to be submitted with Proposal forms) must be submitted in a sealed package. The envelope should read "SG042613 Security Guard Services, 2:00 P.M., Friday, April 26, 2013" and addressed as follows: If mailed
If delivered
SC State Ports Authority Attn: Procurement Department PO Box 22287 Charleston, SC 29413-2287
Procurement Department SC State Ports Authority 838 Morrison Drive Charleston, SC 29403
Each Proposal package submitted must clearly show the Respondent's company name on the outside. Facsimile proposals will not be accepted. Any Proposals received after the above stated time and date will not be opened or considered. It is the sole responsibility of the Respondent to have its Proposal delivered to the SC State Ports Authority as specified herein on or before the above date and time. Reliance upon mail, public carrier or other delivery service is at Respondent’s risk. LATE PROPOSALS WILL NOT BE CONSIDERED. All expenses for making Proposals to the Authority are to be borne by the Respondent and will not be borne, charged to or reimbursed by the Authority in any manner or under any circumstance. 2.02
CONTRACT DOCUMENTS The Contract Documents give the description of the facilities and the work to be done under this Contract. The required qualifications of Respondents, other technical information, applicable special conditions, term of the Contract and payment terms are also contained in these documents. The date, time and place of the receipt and opening of proposals are listed in Section 2, Paragraph 2.01 above.
2.03
EXAMINATION OF CONTRACT DOCUMENTS AND FACILITIES The Respondent is required to carefully examine the Contract Documents and the sites of the work during the mandatory pre-proposal conference. It will be assumed that the Respondent has investigated and is fully informed of the conditions, the character, and quality of work to be performed, any materials and equipment to be furnished, and of the requirements of the Contract Documents.
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2.04
OBLIGATION OF RESPONDENTS The Respondents must become fully aware of the Authority’s technical requirements for the Contract. Failure to do so will not relieve a successful Respondent of its obligation to furnish the material, equipment and labor necessary to carry out the provisions of the Contract Documents and to complete the work at the price proposed. In addition, the Respondent will be held responsible for having examined the details of the proposed Scope Of Services. The Respondent will use its personal knowledge and experience or professional advice as to the character of the proposed work and any other conditions surrounding and affecting the proposed work. The submittal of a Proposal will be construed as evidence that all Respondents obligations have been satisfied and no subsequent allowance will be made in this regard.
2.05
ADDENDA – PROPOSAL CHANGES No interpretation of the meaning of the specifications or other Contract Documents, nor corrections of any apparent ambiguity, inconsistency or error therein, will be made to any Respondent orally. Any request for such interpretations or corrections must be made in writing to: Tim Connor Procurement Department SC State Ports Authority PO Box 22287 Charleston, SC 29413-2287 Any such request, which is not, received at least five (5) working days before opening of Proposals will not be considered. All such interpretations and supplemental instructions will be in the form of written Addenda to the Contract Documents, which if issued, will be mailed or emailed to all known prospective Respondents. However, it is the responsibility of each Respondent, before submitting its Proposal, to contact the Procurement Department at (843) 577-8181 to determine if any Addenda have been issued and to make such Addenda a part of its Proposal. Failure to acknowledge addendum(s) may be cause for rejection of proposals. Only the interpretation or correction given by the Authority in writing will be binding, and prospective Respondents are advised that only the Authority will give information concerning, or will explain or interpret the Contract Documents.
2.06
PREPARATION OF PROPOSAL If the Proposal is made by an individual, he or she must sign his or her name therein and state his or her address and the name and address of every other person interested in the Proposal as principal. If the Proposal is made by a firm or partnership, the name and address of each member of the firm or partnership must be stated. If the Proposal is made by a corporation, the Proposal must be signed by an authorized officer or agent, subscribing the name of the corporation with his or her own name and affix the Corporate Seal. Such officer or agent must also state the name of the state under which the corporation is chartered, and the names and business address of the President,
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Secretary and Treasurer. If applicable, also provide evidence of registration with the Secretary of State of South Carolina for doing business in the state of South Carolina and registered with the S.C. Law Enforcement Division (SLED) as a security provider. 2.07
WITHDRAWAL OF PROPOSAL Any Proposal may be withdrawn by written request of the Respondent until the date and time established herein for opening of the Proposals. Any Proposals not timely withdrawn will, upon opening, constitute an irrevocable offer for 90 days (or until one or more of the Proposals have been duly accepted by the Authority, whichever is later) to provide the Authority the services solicited in the attached specifications. The Authority’s action on Proposals normally will be taken within 45 days of Proposal opening; however, no guarantee or representation is made as to the time between the Proposal opening and the subsequent Authority’s action regarding an award.
2.08
RESPONSIBLE RESPONDENT CRITERIA In considering the responsibility of Respondents the Authority will examine the following factors. Respondents will address each factor specifically in their Proposal: A.
Degree of experience and references from local customers, statewide customers and other U.S. Port customers. The company or the owners of the company must have been primarily in the security guard business for a minimum of ten (10 years which must include five (5) years’ experience meeting the security requirements of the Maritime Transportation Security Act Regulations and must have had similar contracts in the past.
B.
The contract for these services includes but is not limited to, furnishing all manpower, uniforms, vehicles, training, licensing, credentials, and equipment at locations as defined in this RFP. Provide evidence of having in their employ sufficient numbers of qualified TWIC holding security guards and supervisors considered necessary to produce the desired quality of security guard services and to adequately meet the needs of the Authority’s routine staffing requirements with the capability to surge for special events, heavy weather, critical incidents or other reasons. In particular, for a company to be considered capable of performing services, the company must clearly demonstrate that it has the experience, financial stability and manpower required to adequately provide security services required by the Authority. The Authority will be the sole judge of a company’s capability to perform security guard services stated in this RFP.
C.
Qualifications and Experience of Designated Area Manager, Shift Supervisors and Security Guards that will be assigned to the Authority’s locations.
D.
Evidence of financial stability.
E.
Proof of having satisfactorily performed this type of service for other large organizations, similar in size to the Authority.
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2.09
F.
Provide a list of industrial business experience, past and present.
G.
Other matters that may influence the ability of the Respondent to perform the security services required by this RFP.
H.
Capability for routine services and surge capabilities.
DISQUALIFICATION OF RESPONDENTS Any of the following causes may be considered as sufficient for the disqualification of a respondent and rejection of the Proposal:
2.10
A.
Submission of more than one Proposal for the same work by an individual, firm, partnership or corporation under the same or different names. If a company has more than one division, only one Proposal may be submitted for the company.
B.
Evidence of collusion among Respondents in the preparation and submittal of any Proposals.
C.
Incomplete work for which the Respondent is committed by contract, which in the judgment of the Authority, might hinder or prevent the prompt completion of work under this Contract if awarded to such Respondent.
D.
Failure to provide the notarized form(s) in the Proposal documents, if required, in a timely manner or to satisfy any other requirements listed in Section 3. Minor irregularities that do not materially affect the Proposal may be waived at the sole discretion of the Authority.
REJECTIONS OF IRREGULAR PROPOSALS Proposals will be considered irregular and may be rejected if they show omissions, alterations of form, conditions, limitations, unauthorized alternate proposals or other irregularities of any kind. The Authority reserves the right to waive any non-conformance or irregularities of proposals, or to reject any or all proposals, in whole or in part, whenever such nonconformance or irregularities are minor and such action is deemed to be in the best interests of the Authority.
2.11
QUESTIONS AND/OR CLARIFICATIONS All questions concerning the RFP are to be submitted in writing. Questions regarding preparation of proposals may be directed to Tim Connor by e-mail at
[email protected]. Questions received and related responses prepared by the Authority will be sent via e-mail to all Respondents. Questions or requests for clarification will not be responded to if received less than five (5) days prior to the opening of Proposals. Questions will be answered accordingly and if warranted an addendum will be mailed to all Respondents outlining changes or clarifications being made to the RFP. Addendum(s) must be acknowledged on the appropriate forms. Failure to acknowledge addendum(s) may result in the rejection of a respondent’s proposal. The Authority is not responsible for verbal representations.
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2.12
PRE-PROPOSAL CONFERENCE A Pre-Proposal Conference will be provided to all potential Respondents on Wednesday, April 17, 2013, at 9:00 a.m. All interested Respondents shall assemble in the lobby at the 176 Concord Street, Charleston, SC. This Pre-Proposal Conference is mandatory and respondents are urged to attend to familiarize themselves with the extent of work, existing conditions, and present mode of operation.
2.13
RSVP DEADLINE Respondents shall respond not later than Wednesday, April 10, 2013, the number of company representatives that will be attending the pre-proposal conference and tour. Respondents will be limited to no more than two (2) company representatives.
2.14
FEDERAL AND STATE CONTRACT PROVISIONS The Respondent agrees to comply with all applicable federal, state and local laws, including State Law Enforcement Division (SLED) Chapter 18 – Private Security and Investigation Agencies of the S.C. Code of Laws; 33 CFR Chapter 1, Subchapter H-Maritime Security, Part 105--Maritime Security: Facilities, and registered with the S.C. Law Enforcement Division (SLED).
2.15
EVALUATION OF PROPOSALS AND AWARD OF CONTRACT Proposals will be evaluated based on the elements listed in Section 3, Paragraph 3.01 and 3.02. The Respondent must clearly and directly address each of these factors. The Authority is not required to contact a Respondent to obtain additional information to evaluate their proposal. A Respondent who is lacking the basic qualifications will not be considered for the award of this contract, regardless of the cost. The contract will be awarded to a responsive, responsible Respondent(s), qualified in having enough experience, manpower necessary to provide services and in sound financial position to do the work specified herein. The Authority reserves the right to accept or reject any or all proposals, in whole or in part. There is no obligation by the Authority to award the contract to the lowest Respondent and the Authority reserves the right to award the Contract to the Respondent(s) submitting the proposal that the Authority, in its sole discretion, determines will be most advantageous and beneficial to the Authority. The determination by the Authority concerning Respondents qualifications shall be final.
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2.16
INTERVIEWS The Authority reserves the right to conduct interviews with the most highly qualified Respondents after the initial proposals have been evaluated. The criteria of the interview will remain the same.
2.17
2.18
TENTATIVE SCHEDULE FOR SELECTION/IMPLEMENTATION Pre-Proposal Conference
Wednesday, April17, 2013
Proposal Opening
Friday, April 26, 2013 at 2:00 P.M.
Notice of Award
Thursday, May 30, 2013
Start of Contract
Proposed Date: July 1, 2013
EXECUTION OF THE CONTRACT Within ten (10) days after Notice of Award, the successful Respondent will furnish the required certificate of insurance, copies of licenses and enter into a formal contract with the Authority. Failure to execute the Contract as provided in these documents within ten (10) days from the date of Notice of Award will be just cause, unless such failure has been caused by the Authority, for the Authority to annul and void the award. An award of Contract may then be made to another Respondent, or the Contract may be readvertised, as the Authority may decide. No award will be binding upon the Authority until the agreement has been executed by all appropriate parties.
2.19
RESPONSE FORM Response Form: All prices and notations shall be printed in ink or typewritten. Additional pages may be attached when required (Attachment A). A “No Response” qualifies as a response; however, it is the responsibility of the vendor to notify the Procurement Office if you receive proposals for goods or services that do not apply so that our records can be corrected (Attachment A).
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SECTION 3 PROPOSAL PREPARATION/FORMAT
BEFORE COMPLETING SECTION 3 - PROPOSAL FORM, ALL RESPONDENTS MUST READ THE FOLLOWING INSTRUCTIONS CAREFULLY AND BE SURE THEY PREPARE THEIR PROPOSALS ACCORDINGLY. IT IS THE RESPONSIBILITY OF THE RESPONDENT TO ENSURE THE COMPLETENESS AND ACCURACY OF ITS PROPOSAL. FAILURE TO COMPLY WITH THESE INSTRUCTIONS MAY RESULT IN REJECTION OF THE PROPOSAL OR MAY RESULT IN ANOTHER COMPANY BEING AWARDED THE CONTRACT.
3.01
RESPONSE FORMAT Respondent(s) must submit ONE (1) original and THREE (3) copies of their signed proposal. All materials provided the Authority shall become the property of the Authority and will not be returned to the Respondent. The following format should be used. A.
Executive Summary – Respondent must submit a management structure of the Respondent’s local and/or regional office, listing all key personnel and their job responsibilities. Provide a brief resume of key personnel experience, training, and length of service with the Respondent’s company.
B.
Business Organization – Respondent must indicate if it is a corporation, partnership or individual. The location or place where it is doing business, incorporated, or where it has offices will be specified. Proposals will be considered from security firms, which have established offices in South Carolina with twenty-four (24) hour staff, seven (7) days a week and are licensed in the State of South Carolina. An organization and staffing plan must be submitted with the proposal.
C.
Licenses/Permits – Submit proof of all necessary state, county and local licenses/ permits as may be required by law to operate the requisite business.
D.
Experience – Only Respondents having experience of at least ten (10) years with five (5) years’ experience in a maritime environment meeting the requirements of the Maritime Transportation Security Act regulations, preceding the date set for RFP opening, with contracts similar in size and scope to that of the Authority will be considered. Respondents must show its abilities to provide hiring and training programs for security guards in a marine terminal operation. Respondents must submit detailed information on its experience, including sufficient description of duties to show equivalency to the Authority’s operations, so that its proposal may be evaluated accordingly.
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E.
Financial Information – Submit with your proposal the following: Audited Statements – Prior to a final selection and recommendation for award of Contract, the Respondent must submit audited annual financial statements for the most recent two (2) years.
F.
References – Submit with your proposal the following: 1.
At least one (1) financial institution familiar with Respondent’s financial history. Include name, addresses, contact, and phone numbers.
2.
Three (3) references from transportation and/or marine clients with similar security guard requirements. Include name, addresses, contact, and phone numbers.
G.
Operation of Security Guard Services – Include a sample Security Guard operation manual normally issued to personnel, sample forms used, a 5”x7” color photograph showing uniform worn by security guards and supervisors, and other material considered relevant to show ability to perform security guard services. Include details if Respondent has a “Drug Free Workplace Program” in effect at time of proposal submittal. Respondents must explain its firm’s philosophy, training and hiring practices that will be used to develop security programs at the Authority, and means of insuring the company is a “Drug Free Workplace”. The Authority reserves the right to inspect this program at any time.
H.
Stability of Work Force – Please provide answers to the following questions: How many Security Guards are currently employed by your company? How many Security Guards do you have available for surge capability? What is the approximate annual turnover ratio of security personnel in the last 3 years? What is the company’s policy on internal promotion, and how many managers/supervisors were promoted in the last 3 years? What is the company’s minimum pay scale for Security Guards armed and unarmed? What benefits do you provide for your employees? Respondent must show its ability to furnish stable personnel adequate to meet the day-to-day requirements of a 24-hour, seven (7) days a week, business operation and the capability to surge with additional security guards when requested.
I.
Supervision and Training – What type of specialized training are managers, supervisors, guards required to complete? Are there any “in service” time requirements for promotion to supervisor positions? What are the qualifications of training instructors and what type of training materials are used?
J.
Provide Organization Chart detailing staffing plan and showing reporting relationships of positions.
K.
Proposal forms – All forms and attachments must be complete, with all blanks filled in, signed and notarized where required.
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L.
3.02
Certificates of Insurance – If contingent on award of the contract, provide a letter from an insurance agent of capability to obtain required amounts.
RESPONSES TO TECHNICAL CRITERIA The Respondent’s Technical Response shall present its proposal for Security Guard Service to Various Facilities, clearly demonstrating the Respondent’s comprehension of the requirements as described in the RFP and the Respondent’s proposed method for accomplishing these objectives for providing Security Guard Service for various locations. The Respondent’s Technical Response must include the following:
3.03
A.
Previous experience of the Respondent with providing security service for a maritime facility, and/or transportation facility.
B.
Approach on how your firm recruits employees including the screening and hiring process.
C.
Outline of customer service expected from Respondent’s personnel.
D.
Explain your firm’s procedure on covering an unmanned post in the event of calloff, no show, and prematurely vacated post.
E.
Resumes for key staff that will be assigned to work on this contract, including the management team that will be assigned to cover this contract.
F.
Include the methods and resources used to train employees.
G.
What is your firm’s employee retention strategy, and what is your current turnover rate?
H.
Tell us what makes your company superior to any other firm.
I.
Include at least three (3) references who can verify your prior performance of at least three (3) contracts of a size and scope to this contract.
J.
Respondent shall provide compensation schedule for security personnel proposed. Respondent shall annotate straight time rates, overtime rates, holiday rates, and describe how overtime is determined.
K.
Respondent shall complete and return Litigation Disclosure form herein or hereto attached with Respondent’s proposal.
L.
Explain employee benefits program.
PROPOSAL All Respondents shall submit their written Proposals on their company letterhead; with all proposal items completed; the total amount of the Proposal shall be originals and not copies or facsimiles, including all applicable taxes; and properly signed by an officer of the company.
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3.04
ADDITIONAL ITEMS TO BE SUBMITTED WITH THE PROPOSAL FORM: A.
Affidavit of Non-Collusion
B.
Certification of Drug-Free Workplace
C.
Certification of Immigration Reform Act of 2008
D.
Litigation Disclosure
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SECTION 4 SCOPE OF SERVICES / GENERAL REQUIREMENTS
4.01
SCOPE OF SERVICES A.
The intent of this Request For Proposal is to provide professional, reliable and effective security guard services trained and qualified in supporting the mission of the Authority at gate entrances, fixed post positions or other assignments as requested while maintaining compliance with Federal, and State government laws, regulations and requirements, including but not limited to 33 CFR 101-105, as amended to include Transportation Worker Identification Credential (TWIC) regulations, and any security directives issued by the Authority during the duration of this Contract.
B.
The Authority shall select a Respondent to provide the Authority with qualified security guards, armed and/or unarmed, including the furnishing of all necessary expertise, labor, materials, supervision, management, uniforms, vehicles where applicable, supplies and equipment, training, licenses, permits, and insurance for providing the Authority with qualified professional security guards. The security guards may work at SC Inland Port, Port of Georgetown, Port of Charleston Corporate Headquarters or other Authority locations individually referred to as “Facility” and collectively as “Facilities”.
C.
The Authority shall advise the Respondent of the number of security guards or hours needed per Facility after the contract has been awarded (estimated manhours per year are 25,100 hours). Respondent shall provide at least one Security Supervisory Guard to the contract. The Respondent, on request, shall provide additional security guard staffing for the Authority as required and where directed. In addition, the Authority reserves the unilateral right to order, in writing, changes in the work within the scope of the Contract in accordance with provisions of this RFP which may include increasing or eliminating Facilities or posts as it deems necessary or as required or directed by State or Federal mandate.
D.
The Respondent shall provide fully trained and qualified security personnel in sufficient quantities to cover all the requested security posts at all times. Security personnel must possess basic computer literacy and must be able to operate a standard personal computer. NOTE: The Authority will not pay or reimburse Respondent personnel for any training.
E.
Work performance requirements. The Respondent will provide and maintain a well-trained security force that can perform all necessary functions, and other related duties as required by Authority policy and procedure and the U.S. Coast Guard approved Facility Security Plan (FSP) which complies with the Maritime
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Transportation Security Act (MTSA). This includes, but is not limited to, the following: 1.
Maintain enough qualified security force personnel to respond to the Authority’s needs and the ability to have a surge capacity of at least 10 security guards for response to incidents, special functions as needed or increases in MARSEC level.
2.
Perform any administrative/clerical duties assigned, such as processing mail and/or messages, answer telephones, direct visitors, prepare reports, implement restricted area access controls, and operate computers, two-way radios, or other security related equipment, etc.
3.
Comply with all applicable security directives, rules, procedures and control systems established by the Authority. Absolutely no security force personnel will have access to firearms or weapons unless designated and approved by the Authority’s Chief of Police or designee.
4.
Act appropriately to preclude or minimize loss. Where applicable, reports of all incidents, accidents, fires and property damage will be prepared on forms, logs, etc., directed for use. Reports will be forwarded to the Authority’s Training Division for action and preparation of any additional reports the Authority requires. Respondent will be held responsible for reimbursing the Authority for any thefts or damage to either the Authority or tenant properties caused by Respondent personnel or because of Respondent personnel being negligent in their duties. A written report by the Authority will be required to document circumstances of the damage and will be submitted to the Respondent’s Area Manager. If the Area Manager does not agree with the assessment, the Contracting Officer will be contacted, who will review the circumstances and make a determination.
5.
Perform all necessary security force functions and duties as outlined in this Specification. This service will continue uninterrupted except in cases outlined in Section 5, Paragraph 5.13, FORCE MAJEURE. Should the Respondent be unable to provide the required number of qualified security force personnel, the Authority reserves the right to obtain additional services from other Respondents in connection with the requirements specified herein. Respondent will reimburse at two hundred percent (200%) the cost to the Authority for services the Respondent was unable to provide.
6.
The Respondent shall ensure all posts are properly covered at all times and shall submit a detailed schedule for the Authority’s review and approval encompassing the assignments and how they will be covered and the considerations set forth in this section and other sections of the Contract within ten (10) days after notice of award and prior to Notice to Proceed. The Authority shall approve the schedule only if the Authority deems the proposed schedule to be adequate for security coverage and in the best interest of the Authority. Once the detailed scheduling has been approved, the Respondent may not deviate from the schedule
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without the Authority’s prior express written approval. Such approval will only be given upon submission and review of an amended detailed schedule.
F.
7.
All services will be professionally performed by the Respondent. All security force personnel will be neat, clean, and courteous, maintain a military like appearance, and will set a good example.
8.
The Authority reserves the right, in its absolute discretion, to prohibit any individual employee of the Respondent from working at any of the Authority’s facilities without the necessity of cause or default. If the Authority instructs the Respondent to remove an individual employee of the Respondent from an Authority post, temporarily or permanently, the Respondent shall replace that employee within two (2) hours.
9.
If for any reason the Authority or Respondent requests a change to the schedule, the Respondent shall provide to the Authority’s Chief of Port Police or designee a new or revised schedule. This schedule shall be submitted to the Authority’s Chief of Port Police or designee for approval at least 48 hours prior to implementation.
10.
Shift schedules and personnel rotation shall be at the discretion of the Respondent provided that all Contract requirements are met. However, the Respondent warrants to the Authority that all personnel assigned to this Contract will: arrive at the specified time, be in proper uniform, be fully trained and qualified for duties, be otherwise fit and ready to assume their duties, and be aware of all rules, regulations, and procedures prior to coming on shift.
11.
The Respondent shall maintain with the Authority’s Port Police Dispatch a list of personnel who will be used as guards at any of the various facilities. The Respondent shall give advance notice of any scheduled change in the guard roster and immediate notice of daily changes to ensure the Authority has an up to date current schedule of officers by post assignment to ensure the Authority has situational awareness of who is expected.
12.
The Respondent shall be responsible for the personal conduct of all its personnel while on Authority premises. All contract security personnel are required to display the needed qualities of honesty, alertness, loyalty and intelligence which are essential for the efficient performance of security duties at all times while on duty.
13.
The Authority reserves the right to relocate guards or to add additional assignments as determined by the Authority. The Respondent shall respond to all requests for additional guard service within eight (8) hours from receiving the request from the Authority.
Security Force Responsibilities: The primary responsibility of the Security Guard is to control access to Authority’s facilities as assigned, ensure individuals requesting access have a legitimate business purpose for requesting access to
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the facility have a valid Transportation Worker Identification credential (TWIC), or are properly escorted, where applicable, ensure any cargo conveyances departing facilities have an authorized gate pass or equipment interchange record (EIR), conduct security patrols where applicable, and identify and report transportation security incidents, crime, security and safety violations, threats and suspicious behavior and circumstances. Security personnel must conduct themselves in a polite and professional manner at all times while exercising proper demeanor. 1.
Personnel assigned to this contract shall conduct themselves in a respectful, courteous and professional manner at all times and shall become knowledgeable of the physical layout of the Facility to which they are assigned including tenants’ locations, the Authority’s Port Police Policies and Procedures and MTSA regulations.
2.
All security guards must, without exception, be in a neat and clean full uniform as approved by the Authority with all necessary equipment. This includes the wearing of approved shoes and ties. No hats of any sort may be worn while on duty, unless it is part of the approved uniform. Security guards will maintain work areas in a neat and pristine condition.
3.
Security guards will be conscious of their voice volume, demeanor and tone while addressing visitors, coworkers and/or using the telephone or the radio for service calls.
4.
Security personnel, when communicating with the public, shall provide their name, badge number or identification number upon request. Security personnel should never engage in any argumentative discussions with the public and when faced with this type of situation, shall contact the Port Police Dispatch for Port Police assistance.
5.
Security guards will be standing and attentive at all times when visitors are entering or exiting any of the Facilities and are expected to step outside the gatehouse to acknowledge visitors upon entry and exit. Security guards must always be in a position to have full and alert view of entrances and exits and general activity surrounding the gate entrances or other post as assigned.
6.
During all shifts, personnel will be responsible for conducting security patrols of facilities, where applicable, controlling access to facilities, checking that all individuals approved to enter have official business and have proper identification and are escorted (TWIC) where applicable; checking that all vehicles have proper permits, decals or passes, checking for proper gate passes on all outbound cargo conveyances. Security guards will be expected to courteously answer phones and may need to provide instructions or answer questions. Security guards shall report fires, thefts, altercations, unusual incidents or suspicious occurrences to Port Police Dispatch.
7.
Security personnel shall limit admission to Authority facilities to authorized vehicles and their drivers and other authorized persons who have proper
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identification, a legitimate business need to enter and who are under appropriate escort (TWIC), if applicable.
4.02
8.
Security personnel shall be responsible for fulfilling the written guidelines provided by the Authority.
9.
Security personnel are to verify the correctness of cargo documentation and collect gate interchange records as directed.
10.
Security personnel will complete all necessary logs, paperwork and passes each day and make them available for collection at the end of their shift.
11.
Security personnel will visually verify that TWIC identification meets the Federal guidelines and displays the person in possession of the credential.
12.
Security personnel will report suspicious activity or any reports of suspicious activity or criminal activity to Port Police immediately. Any crisis will be immediately reported to the Port Police Dispatch and turned over to the Authority’s Chief of Port Police or designee.
13.
Any personnel found to be not complying with the aforementioned rules shall be subject to immediate dismissal.
SECURITY GUARD PROHIBITIONS Security Guards are not allowed to: A.
Carry any weapons such as guns, knives, nightsticks, mace, etc., unless certified by SLED and approved by the Authority’s Chief of Port Police or designee.
B.
Use force except to defend themselves or others when in immediate danger. Use only the force reasonably appropriate under the circumstances.
C.
Make any verbal or written statement about the complexity of any incident or circumstance without the express approval of the Authority’s Chief of Port Police or designee.
D.
No security guard will accept a relief if the relief guard is not in a condition to assume the duties. This includes but is not limited to: 1.
Under the influence of alcohol or drugs
2.
Illness
3.
Not in proper uniform If this should occur, the guard is to immediately notify his or her supervisor and remain at the gate until properly relieved.
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E.
F.
A security guard while on duty must NOT: 1.
Smoke in any unauthorized smoking areas;
2.
Allow unauthorized persons to enter the area;
3.
Be under the influence or use any type of intoxicants to include but not limited to alcoholic beverages or drugs;
4.
Accept gratuities;
5.
Discuss their duties with anyone except their supervisor or an authorized representative of the Authority;
6.
Engage in excessive fraternization with any employees or tenants;
7.
Security personnel shall not engage in watching television/movies, engage in any social media application, use any electronic devices that will create a distraction such as, but not limited to: mobile phones, Bluetooth devices, I-pods, I-pads, lap tops, computers, televisions, or electronic books or magazines. Authority provided equipment is for security monitoring purposes only and may not be used for other purposes.
8.
Engage in any activity that distracts attention such as but not limited to: reading newspapers, books, crossword puzzles, etc.
9.
Argue or engage in disputes with any users or tenants.
10.
Discuss or comment about the inner workings, operations, personnel, security procedures or policies of the Facilities, the Authority, or the Respondent.
11.
Security personnel assigned will not attempt to replace and/or repair any of the installed equipment at any of the Authority’s facilities or other post assignments. Malfunctions of security equipment should be immediately reported to Port Police Dispatch.
12.
Personnel assigned will not be permitted to use installed telephones for personal business or for prolonged calls initiated or received by assigned personnel to and from Respondent's office.
13.
Assigned personnel, while off-duty will not be allowed on Authority facilities unless approved by the Authority’s Chief of Police or designee.
14.
Security personnel shall not receive personal visitors or personal telephone calls.
Soliciting and/or vending by security guards is prohibited. This also includes soliciting or accepting the following, but not limited to money, gifts, clothes, food,
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drink or snacks from caterers, visitors, Authority personnel and/or other workers at the assigned Facility.
4.03
G.
Security guards are not authorized to accept any items including but not limited to packages and documents that have not been approved by the Authority or terminal management.
H.
Gatehouses are considered restricted areas and no unauthorized individuals are permitted to enter restricted areas. Security guards shall ensure that no individual enters the restricted area in the gatehouse at any of the Facilities except for the on-duty security guards assigned to the post in question, their supervisor, and their relief during shift change, and TWIC holding Authority employees approved by the Authority’s Chief of Port Police or designee.
I.
All the Respondent’s employees providing services for this Contract must sign the Authority’s Non-Disclosure Agreement. Respondent employees may not disclose information covered by the Non-disclosure Agreement except as provided therein.
DESIGNATED AREA MANAGER RESPONSIBILITIES The Respondent will provide in writing the name of the person assigned as Area Manager for the Authority’s Contract. The Area Manager will be headquartered in South Carolina and will serve as the Respondent’s Designated Representative with authority to contract for the Respondent. The Area Managers shall meet the qualifications of 33 CFR Chapter 1, Subchapter H, Part 05, Section 105.210 and be a TWIC holder. A.
The Area Manager will meet with the Authority’s Chief of Port Police or designee monthly or as often as required to ensure Contract terms and conditions are being followed.
B.
The Area Manager or designee will visit each Authority site on a frequent, unannounced basis to determine quality performance of security personnel, identify problems with Contract compliance and discuss areas of concern with Respondent personnel. The Respondent will ensure that all security personnel are fully trained and equipped, and are carrying out their assigned duties as trained.
C.
Additional site inspections/training will be conducted by the Respondent. The frequency of non-business hours unannounced inspections will be no less than two (2) per site per week. This inspection/training is to be done at Respondent expense. All findings and reports on these inspections/training visits will be submitted to the Chief of Port Police or designee within 2 business days. Respondent supervisors assigned to conduct these visits must be qualified to work the Authority site they are inspecting or conducting training for.
D.
The Area Manager will be available to answer any questions the Authority may have on special security needs or to resolve problems with security force personnel.
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4.04
E.
The Area Manager will review all recruitment, training and performance records of security force personnel assigned to the Authority.
F.
Area Manager will review all invoices for accuracy before submission to the Authority and be the contact point to resolve any questions.
G.
Area Manager is the contact point for all requests by the Authority for additional or special security requirements, or changes to Contract terms.
H.
The Area Manager will be responsible for the administrative and operational direction of the security force in carrying out the provisions of the Authority security program.
I.
The Area Manager will recommend to the Authority’s Chief of Port Police or designee any revisions to security procedures deemed necessary.
J.
The Area Manager will review and maintain all security force records and reports to ensure completeness and accuracy of all entries and remain abreast of the daily activities of the security force and any events of potential significance to the security of the Authority’s facilities.
K.
The Area Manager will participate in security related training exercises and security skill evaluations.
L.
The Area Manager will prepare Summary Reports on a weekly and monthly basis of all security force activity at each site in a format approved by the Authority’s Chief of Port Police or designee.
M.
The Area Manager will provide schedule of assignments and coordinate any schedule changes with the Authority’s Chief of Police or designee.
N.
The Area Manager will develop and maintain detailed post orders of instructions for each site. Copies of the post orders must be maintained at each site and at the Authority’s Port Police Headquarters. These manuals are to be considered confidential and the property of the Authority and will not leave the sites without express authority of the Authority’s Chief of Port Police or designee.
TRAINING AND INSTRUCTIONS General requirements are listed below. Specific requirements are detailed in Appendix B, attached hereto and by this reference incorporated herein. A.
Respondent will furnish uniformed security force personnel that have completed and received instruction as required by the Authority before assignment to Authority sites. Documentation of training will be provided by the Respondent to the Authority for each member of the security force used on Authority property before assignment. All classroom instruction and training pertaining to the Authority’s policies and procedures, Facility Security Plans, Gate Officer and Security Officer Performance standards must be approved by the Authority’s Chief of Port Police or designee and conducted by a qualified instructor with subject matter experience. Pre-assignment training will not be billed to the
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Authority. If hired, previous Authority-employed individuals who have completed this training will still need to show proficiency with performance standards and may be tested to show knowledge and experience or will be required to be retrained. The Authority’s Facility Security Officer/Training Division will evaluate the competency of all security guards and officers prior to initial work assignment. B.
Depending on assignment, security force personnel are to receive a minimum of 24 hours of site specific on the job training according to Appendix B under the direct guidance of a qualified trainer approved by the Authority’s Chief of Port Police or designee. The actual time required to complete the requirement above minimum is dependent on the ability of the individual assigned to show the knowledge and proficiency necessary to perform the required duties of Gate Officer and/or Security Officer tasking. All security personnel must also pass a proficiency evaluation conducted by the Authority’s Facility Security Officer/Training Division prior to assuming duties on their own.
C.
The Respondent will be responsible for all specified training and will see that all MTSA training is performed at the time indicated. All training costs are the responsibility of the Respondent. Previous Authority-employed individuals who have completed this will need to show proficiency with performance standards and may be tested to show knowledge or be required to be retrained. The Authority’s Facility Security Officer/Training Division will evaluate the competency of security guards and security officers prior to initial work assignment.
D.
The Authority requires that all Respondent supervisory personnel have a TWIC and training or instruction in supervisory skills and such training will be certified and copies provided to the Authority’s Chief of Port Police or designee. Time spent in this training will not be billed to the Authority.
E.
Semi-annual performance evaluation and/or instruction for all security force personnel will be required as specified by the Authority and will be documented with a copy to the Authority’s Chief of Port Police or designee.
F.
Training of security force personnel shall meet the performance standards established by the Authority’s Facility Security Officer/Training Division for Gate Officer Duties, Security Officer Duties, Corporate Headquarters’ duties and must meet required Maritime Transportation Security Act (MTSA) 33 CFR Chapter 1, Subchapter H, Part 105, Section 105.210 Facility Personnel with Security Duties and include the following: 1.
Current threats and patterns
2.
Recognition and detection of dangerous substances and devices
3.
Recognition of characteristics and behavioral patterns of persons likely to threaten security
4.
Techniques used to circumvent security
5.
Crowd management
6.
Security-related communications
7.
Knowledge of emergency procedures and contingency plans
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8.
Operation of security equipment and systems
9.
Testing, calibration and reporting the need for maintenance of security equipment
10.
Inspection control and monitoring
11.
Relevant provisions of the Facility Security Plan (FSP)
12.
Methods of physical screening of persons, personal effects, baggage, cargo and vessel stores
13.
Meaning and consequential requirements of different MARSEC levels
14.
Patrol methods
15.
Report writing, log and record keeping
16.
Identify security problems and specific trouble areas
17.
State procedures (including Ports Authority)
18.
Cargo documentation handling
19.
Federal security procedures including U.S. Customs, Immigration and Naturalization Service and U.S. Coast Guard requirements
20.
Familiar with all relevant aspects of the TWIC program and how to carry them out
21.
Security Guards must also demonstrate good communications and telephone etiquette
22.
Visitor management
23.
Access Control for Facilities and Corporate Headquarters
G.
Upon inspection, guards and security personnel must exhibit the knowledge and capability to exercise the duties required by the Authority and 33 CFR Chapter 1, Subchapter H, Part 105, Section 105.210
H.
Written procedures must exist for periodic inspection and testing of guards and security personnel to ensure continued qualification. Inspection and testing records must be maintained and available as directed by the Authority and must meet 33 CFR Chapter 1, Subchapter H, Part 105, Section 105.225 and be a TWIC holder. Testing of security personnel will also be conducted by the Authority’s Facility Security Officer/Training Division.
I.
Procedures must exist for periodic instruction to continually update and upgrade, as appropriate, the training of guards and security personnel to meet the Authority’s standards and MTSA training standards.
J.
Any other related duties that may be required or directed by the Authority.
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4.05
RESPONSIBILITIES OF THE RESPONDENT A.
A mandatory Post Award Conference will be scheduled after the Contract is awarded, when the Respondent will furnish the certificates of insurance, copies of licenses and other items required by the Authority.
B.
The Respondent will begin the services as described in the Contract upon issuance of a Notice to Proceed by the Procurement Office at the Authority.
C.
The Respondent is responsible to ensure that all assigned security guards have a current South Carolina Class “D” license before assuming designated post. Possession of a current and valid Class “D” license will not be accepted as proof of a successful background investigation.
D.
The Respondent will remain liable for all damages to, or incurred by, Authority caused by the Respondent's negligent performance of any of the services furnished under this Contract to include but not limited to: security violations or breaches of security as determined by the Maritime Transportation Security Act or any other governing regulatory body.
E.
The Respondent represents that it is an independent Respondent and not an employee of the Authority, nor are any of Respondent's employees performing services in furtherance of this Contract to be considered employees of the Authority. The Respondent is responsible for any federal or state taxes applicable to this Contract and for complying with the requirements of all federal and state laws about income tax withholding, unemployment insurance and other insurance applicable and necessary for its employees. Employees of the Respondent will not be eligible for any Federal Social Security, State Worker's Compensation or unemployment insurance under this Contract except as employees of the Respondent.
F.
The Respondent will designate in writing a qualified person(s), after review of their qualifications by the Authority, as the Area Manager. The Area Manager will have authority to act for the Respondent in all matters covered by this Contract. The Area Manager will be available to meet with the Authority during normal working hours of the Authority.
G.
The Respondent will review with the Authority, the experience records of its key personnel before their assignment to the Authority sites, and before any future changes to key personnel at the Authority’s sites are made.
H.
The Respondent will comply with all provisions of the Contract and will not commence work without proper approval from the Chief of Port Police or designee. All changes in personnel, post assignments or related security guard activities must be preapproved, in writing, by the Authority’s Chief of Port Police or designee.
I.
All personnel employed by the Respondent will be competent, trustworthy and properly trained, in accordance with Section 4, Appendix A (Training), and Respondents training program. The Respondent and its employees will be required to comply with all the applicable rules and regulations of the Authority’s
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Security Program and MTSA regulations. At the direction of the Chief of Port Police or designee, the Respondent will remove from the Authority’s property all security employees deemed careless, incompetent, or otherwise objectionable and/or detrimental to the Authority’s interests.
4.06
J.
The Respondent will maintain and when requested by the Contracting Officer, Chief of Port Police or designee shall provide the Authority with training records and payroll records of any guards servicing the Authority.
K.
The Respondent shall ensure that all Security Guards arrive at their post assignments promptly and prepared for duty. The Respondent shall ensure that all Authority post assignments are staffed with qualified trained Security Guards. In the event a Security Guard is late or delayed, the Respondent shall immediately make arrangements to ensure the post is staffed with a qualified replacement without any overtime charges to the Authority.
RESPONSIBILITIES OF THE AUTHORITY/RESPONDENT A.
The Authority will promptly notify the Respondent, or its designated representative(s), of any problem encountered during the Contract term and will arrange for a meeting to resolve issues. A meeting will be held monthly or any other interval approved by the Authority, at a mutually agreeable time and place to review the Respondent’s performance, which will be documented on an Authority Performance Appraisal Form. The Respondent must take immediate action to correct any deficiencies noted on this form. Failure to correct problems in a timely manner will be cause for contract termination.
B.
The Authority will provide timely processing of Respondent's invoices, if all the terms of the Contract have been met. In cases where Contract procedures were not followed, every attempt will be made to reach an agreement acceptable to both parties, but the Authority will not be liable for costs billed by the Respondent in violation of Contract terms.
C.
Respondent services will consist of providing qualified uniformed security personnel as is required to complete all services, in conformance with federal, state, and local statutes. Equipment refers to uniforms, officially issued head gear (hats), all foul weather gear (including rain suits), safety vests, safety shoes, hard hats, report forms, miscellaneous office supplies and support equipment to perform their duties.
D.
In performing their duties, security force personnel will follow existing Authority security procedures, required procedures of the Coast Guard approved Facility Security Plan/MTSA regulations, qualification and training requirements, implementing procedures and any amendments thereto or other requirements that may be established by the Authority during the term of the Contract for security of the Authority’s property.
E.
All security force personnel will carry out the functions of the security operations on the Authority’s property in a way that conforms to the standards of good practice of the private security service industry, and specified by applicable statutes, regulatory rules, and guidelines. Uniformed security personnel will
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perform duties such as access control at entrances or other post assignments screenings, traffic control, TWIC escorts and security system monitoring and operations, testing, and other security operations as required by the Authority.
4.07
F.
The Respondent will have all state, county, and local licenses and permits as may be required by law to perform the described services. The Respondent agrees to comply with all applicable federal, state and local laws, including Chapter 18 – Private Security and Investigation Agencies of the S.C. Code of Laws, 33 CFR Subchapter H, Part 105--Maritime Security: Facilities.
G.
If the Authority receives a fine due to security violations that are the fault of the Respondent, as determined by the Maritime Transportation Security Act or any other governing regulatory body, the Respondent shall pay that fine and send proof of payment to the Authority’s Chief of Port Police or designee. If the fine is not paid within 30 days from notification by the Authority, the fine and any subsequent delinquent charges shall be deducted from the monthly compensation.
H.
Besides uniformed security personnel required for scheduled security operations, additional traffic control, access control or special events and/or marine cargo handling operations, security may be required from time to time for cruise vessels, gangway watches, military cargo or other purposes.
I.
Respondent will establish a training and qualification program (refer to Appendix A), for security personnel to meet the Authority’s needs, prior to July 1, 2013. The content and length of training are subject to the Authority’s guidelines and MTSA regulations.
J.
The Authority does not guarantee any number of man-hours of service to be provided per week. Positions and post locations may be added or eliminated as deemed necessary by the Authority. Additionally, the Authority reserves the right to eliminate any or all contracted positions.
K.
Request for Proposals will only be considered from Security Companies which maintain offices and supervisory personnel on a 7 day 24 hour basis in the state of South Carolina.
SECURITY FORCE PERSONNEL A.
The Respondent will follow the Authority’s security force selection criteria. The Respondent must comply with all anti-discriminatory laws and regulations. Selection of all security force personnel will include consideration of character traits, motivation, and the ability to perform both mental and physical tasks required of security force personnel according to requirements specified in applicable statutes and the Authority’s acceptance criteria to include but not be limited to the following: 1.
Be a citizen of the U.S. or a legal alien with work permits and have attained the age of twenty-one for assignment in any capacity.
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B.
2.
Possess a high school diploma or the equivalent (individuals employed before the current Contract are considered to have met this requirement) and display a basic skill in reading, writing and speaking the English language. Security force personnel that are bilingual are encouraged, but the ability to communicate clearly and concisely in English is mandatory.
3.
Must be a TWIC holder and maintain TWIC qualification status.
4.
Must hold and maintain a valid and current South Carolina Driver’s License with no record during the previous five years (for suspension of Driver’s License as a result of driving under the influence of alcoholic beverages or dangerous drugs, or leaving the scene of an accident).
5.
The ability to stand or walk for up to a 12 hour shift.
6.
All security force personnel assigned to the Authority’s sites shall be subject to and must successfully pass the Respondent’s drug screening program that must include controlled dangerous substance (‘CDS”) chemical screen by urinalysis prior to assignment at any SPA facility. The Respondent must have and enforce a drug screening program that is equal to or more stringent than the SPA.
7.
Respondent must pay for test costs.
8.
Respondent must provide documentation of test results with test date prior to initial employment of the security guard at any Facility. Test results shall not be accepted if they are over thirty (30) days old.
9.
The Authority may require the Respondent to perform drug testing on any security force personnel involved in an accident on the Authority property.
10.
All Respondent employees shall sign an agreement that they will subject themselves to random drug testing at such time as the Authority requests such testing. The Authority will pay for the random drug test. Subsequent refusal of any employee to be tested will result in immediate disqualification for the work assignment.
Physical requirements. All security force personnel assigned to the Authority sites must be able to perform the essential functions of the assigned post with or without reasonable accommodations. Essential functions include but are not limited to: 1.
Administering SPA security policy and procedures;
2.
Controlling access to facilities of persons, vehicles, cargo conveyances, rail and other property;
3.
Conducting site surveillance by foot, vehicle and/or camera as procedures and circumstances require;
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4.
Identify and report transportation security incident, crime, security and safety violation, threats and suspicious behavior and circumstances;
5.
Maintain records and files for security related documents;
6.
Assist with personnel in emergency situations;
7.
Communicate clearly and concisely over a police radio and telephone;
8.
Operate computer equipment
9.
Perform administrative functions as required.
10.
Ensure prompt action is taken to prevent or minimize loss;
11.
Regularly inspect security systems, equipment and devices as instructed and report any which are malfunctioning inoperative or in need of repair.
C.
The Respondent shall perform State of South Carolina, Department of Motor Vehicles Report (MVR) checks on all security personnel holding a State drivers’ license every twelve (12) months to determine if any security personnel have been convicted of driving under the influences of drugs or alcohol. Copies of these records shall be provided to the Authority. Affirmative results of these checks shall be immediately given to the Authority in writing. If a security guard has been found guilty of driving under the influence of drugs or alcohol, the Respondent shall immediately notify the Authority’s Chief of Port Police or designee and shall immediately suspend the security guard from further assignments at the Authority.
D.
Respondent shall ensure that each security guard assigned to this contract has submitted to a criminal background check and fingerprinting conducted by the South Carolina Law Enforcement Division (SLED) prior to initial employment at any Facility. 1.
All personnel assigned to the contract must be duly approved by the State Law Enforcement Division.
2.
A copy of the background check and security clearance shall be provided to and approved by the Authority prior to initial employment of the security guard at any Facility.
3.
Respondent shall also provide the Authority with photocopies of each security guard’s State Law Enforcement Division card within ninety (90) days of employment at any Facility.
4.
Prior to date of initial employment at the Facility, Respondent shall supply for approval, to the Authority’s Chief of Port Police or designee, detailed background information and qualifications of all personnel to be assigned to the contract, including all replacement or additional personnel required from time to time for the contract. The details shall include each prospective employee’s full name, current address, date of birth, and
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driver’s license number. Respondent shall also furnish a signed waiver from the prospective employee authorizing the Authority to conduct further criminal background inquiries. 5.
At a minimum, the Respondent will conduct a successful background investigation of all security force personnel consisting of, but not limited to: a.
Credit and criminal records.
b.
References, personal and prior employment.
c.
Prior employment for a minimum of the past five (5) years and up to the past ten years, at the discretion of the Authority.
d.
Residential history for a minimum of the past five (5) years and up to the past ten years, at the discretion of the Authority.
e.
Verification of military service and discharge.
E.
The Respondent will be expected to follow any revisions to laws, regulations and applicable changes to Authority’s conditions of this Contract Document.
F.
The Respondent will maintain and have available for the Authority’s inspection the following information about security force personnel assigned to the Authority’s sites: 1.
Background checks.
2.
Individual suitability records.
3.
Application for employment and supplemental data, including a color photograph of the applicant.
4.
Individual qualification records.
5.
Other documentation as directed by the Authority.
NOTE: A list of additional requirements/ qualifications is included in Appendix B and is an integral part of the RFP requirement. Any security guard performing under the contract must be able to perform the minimum requirements/ qualifications listed above and those of Appendix B. 4.08
EQUIPMENT AND UNIFORMS A.
The Respondent shall supply employees with all necessary equipment (flashlight, pen, paper and other necessary office supplies to efficiently manage administrative tasking of gate or Corporate Headquarters’ desk activity. Security employees shall dress in a clean, pressed, and properly fitted standardized uniform common to all of the Respondent’s security guards. The Corporate
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Headquarters’ security guard’s attire shall be an administrative professional with blazer and tie. The Respondent’s uniforms must be significantly different from the Authority’s police uniforms. The Authority’s Chief of Port Police or designee must approve the standardized security guard and security officer uniform. B.
Personal cleanliness and neatness are basic requirements for all security personnel. Neatness in appearance calls for hair properly cut and colored, fingernails and hands clean, uniforms presentable, and appropriate jewelry (wedding/engagement ring and watch). Uniforms will be kept clean, in good repair, and pressed and shoes will be kept neatly polished. Agency’s insignia patch shall be clearly visible on all uniforms and worn on the outermost garment.
C.
Grooming: 1. Hair Styles (Male and Female) should be neat in appearance, not eccentric and styled as to not become a safety hazard for the officer. Females, when in uniform, hair can touch the collar, but will not extend pass the collar’s lower edge. Male and Female’s Hair should be styled so that it does not interfere with the proper fit and wearing of issued head gear. Sideburns must be well groomed and must be worn no longer than a line even with the bottom of the earlobes. 2. Moustaches will always be trimmed and neat in appearance. They may not extend downward more than one inch below the corner of the mouth. Male officers will be clean shaven while on duty. Beards are not authorized. 3. Fingernails will be trimmed, clean and of reasonable length. 4. Male officers will not wear earrings while on duty. Female officers are authorized to wear post earrings (no more than one pair of earrings will be worn at a time – one in each ear). 5. Jewelry worn around the neck will not be visible. 6. Body art or tattoos must be covered.
D.
Respondent’s uniforms shall include trousers, shirts (long and short sleeve suitable for outdoor work in all seasons), belt, shoes, cold weather outer garments, rain gear and safety vests, safety shoes and hard hats. Uniforms shall also include nameplate to be worn on outermost garment. Corporate Headquarters’ attire should include administration professional attire such as a blazer and tie.
E.
The complete prescribed uniform and equipment will be worn while on duty. Security personnel will wear a badge that is issued by the licensed security agency properly identifying the individual as security personnel.
F.
Security personnel employed under the contract must, at all times, be in possession of the certification card issued by the State Law Enforcement Division and the TWIC.
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4.09
G.
All property furnished by the Authority under the Contract will remain the property of the Authority. The Respondent will establish records of all Authority property used by security force personnel and will return or render an accounting of all such property that has come into its possession and been used under the Contract upon termination of the Contract or upon written request of the Authority.
H.
Property furnished by the Authority will be used only for the performance of this Contract.
I.
The Respondent will be responsible for loss or damage of any equipment supplied by the Authority to the Respondent that has resulted from negligence, theft, or unauthorized use of that equipment. Replacement of equipment will be billed to the Respondent at the best price the Authority can obtain the equipment.
J.
The Respondent will develop an Inspection Program to insure the uniformity of uniforms, condition of the equipment and personal appearance of all security force personnel while performing security guard services for the Authority. The Authority’s Chief of Port Police or designee will advise of discrepancies in uniforms, appearance or equipment.
K.
Patrol vehicle(s) will be required for Greer Inland Terminal and the Port of Georgetown terminals only.
SPECIAL PROVISIONS By executing the Offer, the Respondent represents that he has visited the site, familiarized himself with the local conditions under which the work is to be performed, and correlated his observations with the requirements of the Proposal Documents. Neither the Authority nor authorized representatives have made any representation or agreement respecting conditions of the site of the work. The Respondent has examined the site of the work, informed himself of all conditions affecting the performance of the work, and assumes all risk and responsibility for all conditions which are apparent on careful examination of the site and could affect the prosecution of the work to completion.
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ATTACHMENT A SOUTH CAROLINA STATE PORTS AUTHORITY Procurement Office 838 Morrison Drive Charleston, SC 29403 Ph: (843) 577-8181 Fax: (843) 577-8690 RESPONSE FORM Solicitation Number: Procurement: SCOPE OF WORK:
Proposal Opening Date/Time: Location:
SG042613
Date:
March 22, 2013
Security Guard Services Provide all necessary expertise, labor, management, materials, uniforms, equipment, vehicles and supplies, training, licenses, permits, insurance and any other items necessary to perform the required work. Contract award subject to the terms, conditions, provisions, and specifications listed herein. Proposals will be received until the stated date and time. April 26, 2013 at 2:00 p.m. Procurement Office 838 Morrison Drive Charleston, SC 29403
NOTE: Award will be based upon which proposal is in the best interest of the Authority SEE PRICING MATRIX THAT FOLLOWS
Company Name
Signature (Company Representative)
Company Name (as registered with the IRS)
Authorized Signature
Correspondence Address
Printed Name
City, State, Zip
Title
Date
Telephone
/
Proposal Notice SG042613
Fax
Attachment A, Page 1
PRICING MATRIX SECURITY GUARD SERVICES AUTHORITY-WIDE TERMINAL LOCATIONS Respondents are instructed to submit their price bids on this bid price worksheet. FAILURE TO PROPERLY AND COMPLETELY FILL IN ALL BLANKS MAY BE CAUSE FOR REJECTION OF THIS OFFER. Having carefully examined the “Introduction”, the “Sample Service Agreement”, the Authority’s “General Terms and Conditions”, the “Scope Of Services”, the “Additional Contract Requirements” and the “Appendices” for the subject work listed herewith and having received clarification on all items of conflict or upon which any doubt arose, the undersigned proposes to furnish all labor, materials and equipment required by said Contract Documents for the entire work, all in strict accordance with the Contract Documents. FEES, AS QUOTED, SHALL REMAIN FIRM AND FIXED FOR THE DURATION OF THE INITIAL THREE (3) YEAR TERM OF THE CONTRACT. First Year Type of Position
1. Straight-time Hourly Rate
1. Overtime Hourly Rate
2. Respondent’ Add-on % (*)
3. Total Hourly Billing Rate
Security Guard Unarmed
$
$
$
$
Security Guard Armed
$
$
$
$
Sec. Guard Administrative
$
$
$
$
Second Year Type of Position
1. Straight-time Hourly Rate
1. Overtime Hourly Rate
2. Respondent’ Add-on % (*)
3. Total Hourly Billing Rate
Security Guard Unarmed
$
$
$
$
Security Guard Armed
$
$
$
$
Sec. Guard Administrative
$
$
$
$
Third Year Type of Position
1. Straight-time Hourly Rate
1. Overtime Hourly Rate
2. Respondent’ Add-on % (*)
3. Total Hourly Billing Rate
Security Guard Unarmed
$
$
$
$
Security Guard Armed
$
$
$
$
Sec. Guard Administrative
$
$
$
$
*Respondent’s add-on percentage is inclusive of all taxes, Workers’ Compensation insurance, profit, etc. NOTE: The estimated man-hours shown are for administrative purposes only and should not be construed as the actual or guaranteed value of the contract.
Proposal Notice SG042613
Attachment A, Page 2
Monthly Expense
Patrol Vehicle(s) $ $
Estimated man-hours per year
25,100 hours
Corporate Headquarters 176 Concord Street, Charleston, SC
216 man-hours per month
SC Inland Port Greer, SC
1456 man-hours per month
Port of Georgetown Georgetown, SC
419 man-hours per month
Price Compiled By: Title: Company: Signature:
Proposal Notice SG042613
Date:
Attachment A, Page 3
SOUTH CAROLINA STATE PORTS AUTHORITY Procurement Office 838 Morrison Drive Charleston, SC 29403 Ph: (843) 577-8181 Fax: (843) 577-8690 “NO RESPONSE” FORM Solicitation Number: Procurement:
SG042613
Date:
March 22, 2013
Security Guard Services
To submit a "No Response" for this project, this form must be completed for your company to remain on our proposal list for commodities/services referenced. Please check statement(s) applicable to your "No Proposal" response –
Specifications are restrictive; i.e., geared toward one brand or manufacturer only (explain below). Specifications are ambiguous (explain below). We are unable to meet specifications. Insufficient time to respond to the solicitation. Our schedule would not permit us to perform. We are unable to meet bond requirements. We are unable to meet insurance requirements. We do not offer this product or service. Remove us from your vendor list for this commodity/service. Other (specify below).
Comments:
Company Name
Signature (Company Representative)
Company Name (as registered with the IRS)
Authorized Signature
Correspondence Address
Printed Name
City, State, Zip
Title /
Date
Proposal Notice SG042613
Telephone
Fax
Attachment A, Page 4
ATTACHMENT B AFFIDAVIT OF NON-COLLUSION THE EXECUTION OF THE FOLLOWING AFFIDAVIT IS A PREREQUISITE FOR CONSIDERATION OF ANY RESPONDENT’S BID As a condition precedent to the award of any contract for this, there must be filed a sworn statement executed by, or on behalf of, any person, firm, or association, or corporation submitting a bid on any such contract to be awarded; said sworn statement shall certify that such person, firm, association or corporation submitting a bid has not, either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said contract. This sworn statement shall be in the form of an affidavit executed and sworn to by the Respondent before a person who is authorized by the laws of his state to administer oaths. The original of such sworn statement shall be included in and made a part of the Respondent’s proposal. This sworn statement shall also include a provision to the effect that all legal formalities required for the proper execution of affidavits pursuant to state law has been complied with. Thereafter, in any prosecution against any person, firm, association, or corporation for perjury committed in the submission of said affidavits, it shall not be a defense to such charge of perjury that said formalities were not in fact complied with. AFFIDAVIT STATE OF COUNTY OF PERSONALLY appeared before me , who being first duly sworn says that he/she is a member of the firm of and further says that his/her firm, association, or corporation has not either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submission of a bid for Security Guard Services. Further, swears and affirms that all legal formalities required for the proper execution of affidavits pursuant to the laws of his/her state have been complied with and further agrees, on behalf of himself/herself, his/her firm, association or corporation, that in any subsequent prosecution for perjury of him/her, his/her firm, association or corporation, it shall not be a defense to such charge of perjury that said formalities were not in fact complied with. Company Legal Signature SWORN to before me this
day of
, 20 (L.S.)
Notary Public for My Commission Expires:
Proposal Notice SG042613
Attachment B, Page 1
ATTACHMENT C NOTICE
Drug-Free Workplace Act The State of South Carolina has amended Title 44, Code of Laws of South Carolina, 1976, relating to health, by adding Chapter 107, so as to enact the Drug-Free Workplace Act. The Act became effective January 1, 1991, and requires a Certification before the award becomes final.
CERTIFICATION OF DRUG-FREE WORKPLACE
The below-signed hereby certifies to the South Carolina State Ports Authority that a drug-free workplace is provided in full compliance with the South Carolina Drug-Free Workplace Act, South Carolina Code of Laws Sections 44-107-10, et seq., and that the below-signed will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the Contract.
By:
Its:
Request For Proposal:
Security Guard Services
Request For Proposal No.:
SG042613
SWORN to before me this
day of
, 20 (L.S.)
Notary Public for My Commission Expires:
Proposal Notice SG042613
Attachment C, Page 1
ATTACHMENT D CERTIFICATION OF IMMIGRATION REFORM ACT OF 2008
By submitting an offer Contractor certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws (originally enacted as Section 3 of the South Carolina Illegal Immigration Reform Act, 2008, S.C. Act No. 280) and agrees to provide, upon request, any documentation required to establish either: (a) the applicability of Title 8, Chapter 14 to contractor and any subcontractors or sub-subcontractors; or (b) the compliance with Title 8, Chapter 14 by contractor and any subcontractor or sub-subcontractor. 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 (5) years, or both.” Contractor agrees to include in any contracts with its subcontractors language requiring the subcontractors to: (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in any contracts with the sub-subcontractors language requiring the sub-subcontractor to comply with the applicable requirements of Title 8, Chapter 14.
By:
Its:
Request For Proposal:
Security Guard Services
Request For Proposal No.:
SG042613
SWORN to before me this
day of
, 20 (L.S.)
Notary Public for My Commission Expires:
Proposal Notice SG042613
Attachment D, Page 1
ATTACHMENT E SAMPLE SERVICE AGREEMENT
SERVICE AGREEMENT SOUTH CAROLINA STATE PORTS AUTHORITY (I.D. No.: 57-6000923) THIS SERVICE AGREEMENT (hereinafter “Agreement”), entered into this ______ day of _____________________, 20___, by and between the: SOUTH CAROLINA STATE PORTS AUTHORITY Office of Procurement 838 Morrison Drive Charleston, SC 29403 (hereinafter “Authority”) and _______________________________ _______________________________ _______________________________ (hereinafter "Contractor") WHEREAS, the South Carolina State Ports Authority (hereinafter the “Authority”) has chosen the Contractor, and the Contractor has agreed to perform the work herein and be bound by the terms of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained be it agreed by and between the parties hereto as follows:
ARTICLE 1 - SERVICES TO BE PERFORMED BY CONTRACTOR Scope of Work The general objective of this Agreement is that the Contractor shall provide the Authority with security services (hereinafter the “Services”), and in accordance with the Scope of Work/Specifications set forth in the Authority‘s Request For Proposal, and the following Contract Documents, as set forth below, which are attached hereto and expressly incorporated in and made a part of this Agreement herein.
Proposal Notice SG042613
Attachment E, Page 1
The Contract Documents shall consist of the following: 1.
This Service Agreement;
2.
The S.C. State Ports Authority’s General Terms and Conditions, Scope Of Services; and Appendixes
3.
The Request For Proposals, dated ___________, and Addendum Numbered ___, dated _________;
4.
The Response Form
ARTICLE 2 - COMPENSATION AND METHOD OF PAYMENT A.
Contract Price. The Authority shall compensate the Contractor for the Services provided and performed hereunder for _______________________________________ ($ ).
B.
Invoices/Manner of Payment. The Contractor shall submit an invoice to the Authority for the Services. A standard billing format shall be followed including, but not limited to, the Contractor's Federal Tax Identification Number of ___________________, or a Social Security Number of ______________________ and the Contract Identifying Number set out above. The Authority shall cause said billing to be promptly paid, provided that the Contractor is not in default of any of the Agreement terms or conditions.
ARTICLE 3 - TERM The term of this Agreement shall be _________________ ( ) calendar days from the date the Administration issues a Notice To Proceed for this Agreement.
ARTICLE 4 - CONTRACT REPRESENTATIVES The following individuals are designated as Contract Representatives for their respective parties (name and address): South Carolina State Ports Authority Attention
Chief of Port Police PO Box 22287 Charleston, SC 29413-2287
Phone
(843)
Fax
(843)
Proposal Notice SG042613
Attachment E, Page 2
Contractor Attention
Phone Fax
Unless otherwise specified in an addendum to this Agreement, the Contractor's Contract Representative as identified in this Agreement, shall be deemed to have authority to render any decision or take any action required under the Agreement. The Authority’s Contract Representative, as identified in this Agreement, is the person to be contacted by the Contractor for the purposes of communicating routine information, requesting assistance, or making routine inquiries with respect to the Agreement. Unless otherwise specified by law or regulation or in an addendum to the Agreement, the Authority’s Chief of Port Police is the only official authorized to enter into or administer the Agreement, to make determinations and findings with respect to the Agreement, authorize changes to the Scope of Work, or issue Stop Work Orders. Service of any notice required by the Agreement shall be complete upon receipt of such notice, postage prepaid, to the appropriate Contract Representative at the address indicated in the Agreement.
ARTICLE 5 - INDEPENDENT CONTRACTOR The Contractor is not an employee of the Authority but is an independent Contractor as that term is normally defined. The Contractor shall be responsible for providing all equipment and related services necessary for performance of all obligations under the Contract, and for withholding any taxes and Social Security payments due in relation to the Contract. The Contractor is not an agent of the Authority or the State of South Carolina, and cannot commit the Authority or the State to any expenditure of funds, or enter into any contractual obligation on behalf of the Authority or the State.
ARTICLE 6 - INSURANCE A.
The Contractor shall not commence work under this Contract until he has obtained all insurance required under the succeeding articles and such insurance has been approved by the Authority. Nor shall the Contractor allow any Subcontractor to commence work on his Subcontract until all similar insurance required by the Subcontractor has been so obtained and approved. All insurance shall be placed with an insurance company or companies licensed by the State of South Carolina to write insurance of the type required under the succeeding articles. Such insurers must have a current rating by A.M. Best & Company of no less than A:VII. Non-licensed insurers may
Proposal Notice SG042613
Attachment E, Page 3
be acceptable upon submission of appropriate information concerning their financial condition to the Authority for review. The insurer or insurers shall be approved by the Authority, and such approval shall not be unreasonably withheld. B.
The Contractor will hold harmless and indemnify the Authority against any and all claims and actions arising out of the actions of the Contractor, including, without limitation, expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from the actions of the Contractor.
C.
If a Subcontractor or any tier does not provide insurance as required under this article and the principal Contractor wishes to provide insurance protection under all applicable federal and State of South Carolina statutes for such Subcontractor as said Subcontractor’s employer, an endorsement must be attached to the principal Contractor’s policy, identifying the persons thereby covered; or the principal Contractor must provide appropriate policies in the name of the Subcontractor.
D.
The Contractor shall furnish the Authority with Certificates of Insurance and copies of endorsements affecting coverage required by this Contract prior to the commencement of Work. These Certificates shall contain a provision that coverage afforded under the policies will not be cancelled or materially reduced in coverage until at least thirty (30) days prior written notice has been given by Certified Mail to the Authority. The Authority reserves the right to review complete, certified copies of all required insurance policies at any time.
E.
The Contractor agrees to indemnify and save the Authority harmless and to assume full responsibility for payment of all state and federal taxes, unemployment insurance, old age pensions, or any other social security legislation affecting any or all employees engaged in the performance of the Contract and he further agrees to meet all requirements that may be specified in regulations now or hereafter promulgated from time to time by legislative officials.
F.
Unless otherwise provided, the Authority shall procure and maintain property insurance on a broad or all-risk basis to protect the interests of the Authority, Contractor, and subcontractors of all tiers from physical lost or damage to the Work occurring at the site for the full insurable value thereof. However, such insurance has a deductible of at least $100,000.00 per occurrence, the first $25,000.00 of which shall be for the account of the Contractor in the event of Contractor’s negligence. Such insurance shall not cover the Contractor’s, subcontractor’s, or sub-subcontractor’s tools and equipment, nor cover materials, labor, or value not incorporated in the Work at the time of loss.
G.
The Authority shall be responsible for purchasing and maintaining the Authority’s usual liability insurance. Optionally, the Authority may purchase and maintain other insurance for self-protection against claims which may arise from operations under the Contract.
H.
The Contractor shall purchase and maintain such insurance protecting the Contractor from the claims set forth below, which may arise out of or result from the Contractor’s operations under the Contract, whether such operations are performed by the Contractor or by any Subcontractor or anyone for whose acts any of them may be liable under Contract or otherwise:
Proposal Notice SG042613
Attachment E, Page 4
1.
Claims under Workers’ or Workmen’s Compensation, and, if applicable to the Work to be performed, United States Longshoremen’s and Harbor Workers’ Act, Jones Act, disability benefit and any other similar state or federal employee benefit act;
2.
Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees;
3.
Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees;
4.
Claims for damages because of personal injury offenses, including, but not limited to, false arrest, detention or imprisonment, malicious prosecution, wrongful entry into, or eviction of a person, from a room, dwelling or premises that the person occupies, oral or written publication of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services; or oral or written publication of material that violates a person’s right of privacy;
5.
Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom, and loss of use to tangible property that is not physically injured;
6.
Claims for damages because of bodily injury or death of persons or property damage arising out of the ownership, maintenance or use of any motor vehicle or mobile equipment in the performance of work under this Contract;
7.
Claims under any employee liability insurance coverage for the protection of the Contractor’s employees not otherwise protected;
8.
Claims for Contractor’s contingent liability if some part of the Work is sublet to other Contractors;
9.
Claims for damages because of advertising injury, including oral or written publication of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services, oral or written publication of material that violates a person’s right of privacy, misappropriation of advertising ideas or style of doing business, or infringement of copyright, title or slogan; and
10.
Claims for damages because of bodily injury or death of persons or property damage arising out of the ownership, maintenance or use of any watercraft, if any watercraft is utilized, in the performance of work under this Contract.
11.
Claims for the negligent acts or omissions of Contractor in the performance of work under this contract.
Proposal Notice SG042613
Attachment E, Page 5
I.
The insurance required by Subparagraph G shall be written for not less than any limits of liability specified in the Contract Documents or required by law, whichever is greater, but in no case less than the following: 1.
Worker’s Compensation and Employer’s Liability: Coverage A Statutory Benefits Coverage B Bodily Injury by Accident - $1,000,000 Each Accident Bodily Injury by Disease - $1,000,000 Each Employee Bodily Injury by Disease - $1,000,000 Policy Limit
2.
Automobile Liability $1,000,000 Per Accident for Bodily Injury and Property Damage Liability Combined.
3.
Professional Liability Errors and Omissions $5,000,000
4.
All Other Liability $10,000,000 per Occurrence/Aggregate
J.
The insurance required by Subparagraphs H.3, H.4, H.5, H.6, H.8, H.9 and H.10 shall include contractual liability insurance applicable to the Contractor’s obligations under Contract.
K.
The insurance required by Subparagraphs H.3, H.4, H.5, H.6, H.8, H.9 and H.10 shall be amended to include the Authority as an Additional Insured.
L.
The insurance required by Subparagraph H.5 shall include coverage for explosion, collapse and underground hazards.
M.
The insurance required by Subparagraph H.3 and H.5 shall include coverage for Products/Completed Operations.
N.
The insurance required by Subparagraph H.5 shall include Broad Form Property Damage.
O.
The insurance required by Subparagraph H shall be primary and no insurance coverage of the Authority shall be called upon to contribute to the payment of any losses that would otherwise be paid by the Contractor or the Contractor’s insurer.
P.
The insurance required by Subparagraph H shall be amended to waive the insurer’s right of subrogation against the Authority.
Proposal Notice SG042613
Attachment E, Page 6
ARTICLE 7 - SUBCONTRACTORS/PERSONNEL EMPLOYED A.
B
Subcontractors 1.
The Contractor shall not subcontract any of the Services, including subcontracts of any tier, without the prior written approval of the Authority. All subcontract services shall be based upon a written agreement between the Contractor and Subcontractor incorporating the provisions of this contract except where expressly waived by the Procurement Officer.
2.
The Contractor shall comply with all applicable laws, regulations, and procedures of the Authority in the procurement of all subcontractors, and the approval of a subcontract by the Authority shall not operate as a waiver of this requirement or an acknowledgement that it has been satisfied.
Contractor/Subcontractor Personnel 1.
The Contractor represents that it has, or will secure, all personnel, subcontractor, and experts required in performing the Services.
2.
The Contractor shall submit to the Authority the name, classification and descriptive employment resume of each such individual proposed for assignment to the Project. Any modification to the originally proposed staff will require submission of the above required information and will be subject to Authority approval.
3.
The Authority Contract Representative, at her sole discretion, may require the Contractor to replace an employee of the Contractor/Subcontractor for sufficient cause. Such cause may include, but is not necessarily limited to: deficient performance, lack of responsiveness, illegal or immoral acts, negligence, incompetence or inefficiency. Should a replacement be requested, the Contractor shall submit the information specified in Subparagraph 2 above for the proposed replacement to the Authority Contract Representative for approval. The Authority Contract Representative shall have the right to interview the proposed replacement before rendering a decision but shall not be obligated to do so.
ARTICLE 8 - EXCLUSIVE AGREEMENT This Agreement is the exclusive statement of the agreement of the parties with respect to its subject matter and supersedes all prior agreements, negotiations, representations, proposals, and awards, written and oral, relating to its subject matter. Any changes, alterations and modifications in the services of this Agreement may only be made by an agreement in writing executed by both parties and approved by the Authority.
Proposal Notice SG042613
Attachment E, Page 7
IN WITNESS WHEREOF, the parties have executed this Agreement by causing the same to be signed on the day and year first above written.
CONTRACTOR
_____________________________ WITNESS
BY _____________________________ Name: __________________________ Title: ___________________________
SOUTH CAROLINA STATE PORTS AUTHORITY
_____________________________ WITNESS
Proposal Notice SG042613
BY _____________________________ Timothy Connor Manager, Procurement
Attachment E, Page 8
ATTACHMENT F ACKNOWLEDGMENT OF ADDENDA
Acknowledgment of the following Addenda is hereby made: (See Section 2, Paragraph 2.05)
Addendum No: __________ Date: __________ Respondent's Initials:__________ I hereby acknowledge, as Respondent’s authorized agent that I have fully read and understand all terms and conditions as set forth in this Proposal and will fully comply with such terms and conditions. Date: _________________
Respondent’s Company Name: _________________________________________________ Authorized Agent’s Name: _________________________________________________
Title: __________________________________________________________________ Respondent is a (check one):
_____ Corporation
_____ Partnership
____ Individual
Federal Identification Number: _____________________________________________ Remittance Address: ____________________________________________________ ____________________________________________________
Telephone Number: _________________ Fax Number: _______________________
Proposal Notice SG042613
Attachment F, Page 1
ATTACHMENT G LITIGATION DISCLOSURE Respond to each of the questions below by checking the appropriate box. Failure to fully and truthfully disclose the information required by this Litigation Disclosure form may result in the disqualification of your proposal from consideration or termination of the contract, once awarded. 1.
Have you or any member of your Firm or Team to be assigned to this engagement ever been indicted or convicted of a felony or misdemeanor greater than a Class C in the last five (5) years? Yes
2.
Have you or any member of your Firm or Team to be assigned to this engagement been terminated (for cause or otherwise) from any work being performed for the Federal, State or Local Government, or Private Entity? Yes
3.
No
No
Have you or any member of your Firm or Team to be assigned to this engagement been involved in any claim or litigation with the Federal, State or Local Government, or Private Entity during the last ten (10) years? Yes
No
If you have answered “Yes” to any of the above questions, please indicate the name(s) of the person(s), the nature, and the status and/or outcome of the information, indictment, conviction, termination, claim or litigation, as applicable. Any such information should be provided on a separate page, attached to this form and submitted with your proposal.
Proposal Notice SG042613
Attachment G, Page 1
SECTION 5
General Terms and Conditions 5.01
DEFINITIONS AUTHORITY - The South Carolina State Ports Authority. CHIEF OF PORT POLICE OR DESIGNEE - Designated Authority individual who acts as the Authority’s primary contact point for Respondent in dealing with performance issues and conflicts with security services for the Authority. The Chief of Port Police or designee has the authority to make any Contract changes, advising the Contracting Officer of the need for changes. Provide guidelines on security operations and resolve day to day questions or problems between the SC State Ports Authority and the Respondent. CONTRACT - The Contract documents consist of the Sample Service Agreement, Scope of Services, General Terms and Conditions, Appendices, Respondent’s Proposal, and any Addendum issued before the execution of the Contract. CONTRACTING OFFICER - Designated Authority individual who provides the Authority’s Chief of Port Police or designee with Contract information and monitors the administration of the Contract to ensure compliance with terms by both the Authority and the Respondent. The Contracting Officer is the only individual authorized to make Contract modifications. The Contracting Officer will be the Authority’s Chief of Port Police or designee. CONTRACTOR - Any individual, firm or corporation entering into a Contract to perform the scope of work for the Authority. FSO – Facility Security Officer FSP – Facility Security Plan MARSEC - Maritime Security. MTSA - Maritime Transportation Security Act. PROPOSAL - The approved forms on which the Respondent is to submit, or has submitted, its charges for the work contemplated. RESPONDENT - Any individual, firm or corporation submitting a Proposal for the work contemplated. RESPONDENT’S AREA MANAGER - Individual designated in writing as the Respondent’s representative with authority to act for the Respondent in all matters, including changes to Contract terms.
Proposal Notice SG042613
Section 5, Page 1
SECURITY GUARD FORCE - The security force will be primarily responsible for providing access control functions and other security services as directed on the Authority’s facilities to support the mission of the Authority and Port Police. SLED - South Carolina Law Enforcement Division. 5.02
SCOPE OF WORK The work to be performed under this Contract is specified in Section 4, Scope Of Services and Appendix B, Training. The Authority, without invalidating the Contract, may make changes by altering, adding to, or deleting facilities, hours of services or number of posts.
5.03
TERM OF CONTRACT Term of Contract - The Authority prefers to award this contract to the most responsible and responsive conforming Respondents who meet all specifications, terms, conditions and evaluation criteria set forth in this RFP. The initial contract award for these services will be for a three (3) year period beginning on/about July 1, 2013 and end on June 30, 2016, with prices remaining firm for the initial period. At the Authority’s sole discretion and based on vendor performance and adherence to all pricing terms and conditions stated in this RFP, the contract may be extended for up to three (3) additional one (1) year periods if both parties agree. No Award will be made until all necessary inquiries have been made into the responsibility of the most conforming Respondent and the Authority is satisfied that the company selected is qualified to do the work required.
5.04
ACCEPTANCE OF TERMS AND CONDITIONS AND COMPLIANCE WITH LAW By submitting an offer in response to this RFP, the Respondent shall: (1) be deemed to have accepted all the terms, conditions, special provisions, and requirements set forth in the RFP, including all attachments to the RFP; and (2) if selected for award, agrees that it will comply with all federal, state, and local laws applicable to its activities and obligations under the contract, including but not limited to, all applicable licensing requirements.
5.05
NO OBLIGATION: This solicitation implies no obligation on the part of the South Carolina State Ports Authority until such solicitation is executed by a duly authorized official of the Authority.
5.06
SAFETY, HEALTH, AND SECURITY PRECAUTIONS The Respondent shall have full responsibility to take proper safety, health, and security precautions to protect its workers, the Authority’s employees and property, the public, and other property or persons at all times during the Term of this Contract.
Proposal Notice SG042613
Section 5, Page 2
5.07
TERMINATION A.
For Convenience: The Owner Representative by sixty (60) days’ advance written notice, may terminate this Contract when it is in the best interests of the Ports Authority. If this Contract is so terminated, the Respondent shall be compensated for all necessary and reasonable direct costs of performing the Work actually accomplished. The Respondent will not be compensated for any other costs in connection with a termination for convenience. Respondent will not be entitled to recover any damages in connection with a termination for convenience.
B.
For Default: If the Respondent refuses or fails to perform the Work or any separable party thereof in a timely or workmanlike manner in accordance with the Contract Documents, or otherwise fails, in the sole opinion of the Owner’s Representative, to comply with any of the Terms and Conditions of this Contract deemed, in the sole opinion of the Owner’s Representative, to be material (including without limitation, the requirement that Respondent obtain and maintain in force all necessary permits, certifications, SLED requirements and TWIC), such refusal or failure shall be deemed a default under this Contract. In the event of default under this section, the South Carolina State Ports Authority shall have the right to terminate forthwith this Contract by written notice to the Respondent. In the event of such default, the advance notice period for termination is waived and the Respondent shall not be entitled to any costs or damages resulting from a termination under this section. Whether or not the Respondent’s right to proceed with the Work is terminated it and its sureties shall be liable for any damage to the South Carolina State Ports Authority resulting from Respondent’s default and for any breach of this Contract. Any wrongful termination for default shall be deemed by the parties a termination for convenience.
C.
5.08
The rights and remedies of the South Carolina State Ports Authority provided in this Section are in addition to any other rights and remedies provided by law and under this Contract.
GRATUITIES AND KICKBACKS A.
Gratuities: It is unethical and a breach of the Contract, for any person, in connection with this Contract, to offer, give or agree to give any Authority employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any program requirement of a contract or subcontract, or to any solicitation or proposal therefor.
Proposal Notice SG042613
Section 5, Page 3
B.
5.09
Kickback: It is unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subtier under a contract to the prime Respondent, or to hire any subtier or any person associated therewith, as an inducement.
PROTECTION OF SOUTH CAROLINA STATE PORTS AUTHORITY Respondent shall indemnify, defend (with counsel reasonably acceptable to the South Carolina State Ports Authority), and hold harmless the South Carolina State Ports Authority and its board members, executives, employees, agents, or servants from and against any and all actions, demands, losses, expenses, damages, penalties, fines, claims, and any other liability relating to, in connection with, or arising out of any injury, or alleged injury, to persons (including death), or damage or alleged damage to any property, equipment, or the natural environment, sustained or alleged to have been sustained arising from this Contract, or related to the above described project, and pay all damages, cost, and expenses, including reasonable attorney’s fees, in connection therewith or resulting therefrom, except to the extent and portion that such losses, damages, and claims are caused solely by the negligence, fault, or breach of this Contract by the South Carolina State Ports Authority or its board members, executives, employees, agents, or servants. (Revised text)
5.10
5.11
FORUM AND CHOICE OF LAW A.
Any claims, disputes, and other matters in question between the South Carolina State Ports Authority and the Respondent arising out of or related to this Contract shall be decided by the Master in Equity for the Court of Common Pleas for Charleston County, South Carolina and if the Master in Equity becomes disqualified, then by a Circuit Judge presiding without a jury in the Court of Common Pleas for Charleston County, unless the parties within a reasonable time mutually agree on a Special Master, who shall, in that event, be appointed by the Court in place of the Master in Equity.
B.
The laws of South Carolina shall govern this Contract.
ASSIGNMENT Due to the additional administrative burden placed on the Authority, the Respondent will not assign or otherwise transfer its rights under the Contract, without the express written consent of the Authority.
5.12
SUBTIERS The Respondent will, as soon as practicable after signing the Contract, notify the Authority in writing of the names of any subtiers proposed for the work. No subtiers will be employed until they are approved in writing by the Authority. The Respondent is as fully responsible to the Authority for the acts and omissions of its subtiers and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by Respondent. Nothing contained in the Contract Documents creates any contractual relation between any subtiers and the Authority.
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5.13
5.14
FORCE MAJEURE A.
Performance of this Contract by both the Authority and the Respondent will be pursued with due diligence in all requirements hereof; however, neither the Authority nor the Respondent will be considered in default in the performance of its obligations under this Contract to the extent that such performance is prevented or delayed by causes not within the control of either Party and not foreseeable or, if foreseeable cannot be avoided by the exercise of reasonable care, including, but not limited to, act of civil or military authority (including but not limited to courts or administrative agencies); acts of God; war; riot; insurrection; inability to secure approval, validation or sale of bonds; inability to obtain any required permits, licenses or zoning; blockades; embargoes; sabotage; epidemics; fires; floods; strikes; lockouts; or collective bargaining. Upon any delay resulting from such cause the time for performance of each Party hereunder (including the payment of monies if such event prevents payment) will be extended for a period necessary to overcome the effect of such delays.
B.
In case of any delay or nonperformance caused by the above causes, the Party effected will promptly notify the other in writing of the nature, cause, date of commencement and the anticipated extent of such delay, and will indicate in writing the extent, if any, to which it is anticipated.
NONWAIVER Failure by either Party to insist upon strict performance of any of the provisions of this Contract will not release either Party of any of its obligations under the Contract.
5.15
5.16
PUBLICATIONS, PHOTOGRAPHS AND COMMERCIAL ACTIVITIES A.
Respondent will not take any photographs, make any announcement or release any information concerning this Contract to any member of the public, press or official body unless prior written approval is obtained from the Authority.
B.
Respondent will not establish any commercial activity or issue concessions or permits of any kind to third parties for establishing commercial activities on lands owned or controlled by the Authority. Respondent will not allow its employees to engage in any commercial activities on the Authority’s property.
PROPRIETARY INFORMATON A.
ALL information furnished to the Respondent by the Authority is considered security sensitive information. Respondent will not copy, reproduce or reveal to third parties, except in connection with the work covered in this Contract, any information furnished to the Respondent by the Authority. Respondent will not use this information on another project. All information furnished by the Authority will be returned to the Authority upon completion of this Contract.
B.
Respondent will insert in any sub-contract a restriction on the use of all information furnished by the Authority.
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5.17
RIGHT TO AUDIT The Respondent will list all materials, equipment and labor entering into the work and will keep such full and detailed accounts as may be necessary for proper financial management, and the system will be satisfactory to the Authority. The Authority will be afforded access to all of the Respondent’s records, including but not limited to payroll records, training books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to this Contract, and the Respondent will preserve all such records for three (3) years, or for such longer periods a may be required by law, after final payment.
5.18
PARAGRAPH/SECTION HEADINGS Paragraph or Section headings contained in this Request for Proposal are included for convenience or reference only and are not to be considered a part hereof or affect in any manner the construction or interpretation of this Request for Proposal.
5.19
ENTIRE AGREEMENT This Contract is the entire agreement of the Parties and the Parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted in this Contract. Respondent agrees that no representations have been made by the Authority to induce the Respondent to enter into this Contract other than as expressly stated in this Contract. This Contract can neither be changed orally, nor by any means other than by written amendments expressly referencing this Contract and signed by all Parties hereto.
5.20
5.21
SPECIFICATIONS OR CONTRACT REVISIONS A.
No revisions of these Terms and Conditions and Special Conditions or the Contract Documents will be binding upon the Authority unless presented in writing and agreed to by the Authority and appropriate Contract addendum documents are submitted and approved.
B.
Emergency revisions may be made with verbal approval of the Chief of Port Police or designee with written notification to the Contracting Officer immediately following. A written Contract Modification will be issued within thirty (30) days of this written notification.
TAXES The Respondent shall pay all taxes, including South Carolina sales, use, and income tax, and shall hold the Authority harmless in every respect against same.
5.22
PERMITS, FEES AND NOTICES The Respondent shall make himself familiar with, and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations that in any manner affect the conduct of the work and shall indemnify and save harmless the Authority, its members, officers, agents, and employees against any claim arising from
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the violation of any such laws, ordinances, or regulations by the Respondent or his employees. 5.23
DRUG-FREE WORKPLACE ACT Respondent warrants that the Respondent is in full compliance with the South Carolina Drug-Free Workplace Act, Title 44, Code of Laws of South Carolina, Chapter 107 (1976 as amended), and will maintain a drug-free workplace in compliance with said Act, effective January 1, 1991.
5.24
IMMIGRATION COMPLIANCE South Carolina State Ports Authority (“Authority”) is committed to complying with all applicable laws of the United States and the State of South Carolina, including the Federal Immigration Reform and Control Act of 1986, as amended (“IRCA”), and the South Carolina Illegal Immigration Reform Act (“SCIIRA”). IRCA requires that all employees hired since 1986 provide proof of identity and employment eligibility before they can work in the United States. Pursuant to SCIIRA, public employers may not enter into a services contract with any Respondent for the physical performance of services in South Carolina unless the Respondent agrees to verify the employment authorization of all new employees and require agreement from its subcontractors, and subsubcontractors, pursuant to the provisions of the law. It is the Authority’s policy to comply fully with this requirement, and to require compliance by all Respondents and suppliers performing services at the Authority’s worksites, as applicable. The “Respondent” shall not place any employee at an Authority worksite, nor shall the Respondent permit any employee, nor any subcontractor or sub-subcontractor, to perform any work on behalf of or for the benefit of Authority, without first verifying and ensuring said employee’s authorization to lawfully work in the United States in compliance with applicable federal and state law requirements. To that end, the Respondent acknowledges, agrees, and warrants that: A.
The Respondent maintains and follows an established policy to verify the employment authorization of its employees and to ensure continued compliance for the duration of employment;
B.
The Respondent has verified the identity and employment eligibility of all employees and is in compliance with applicable federal and state laws;
C.
All employees of the Respondent deployed to the Authority under this contract are lawfully authorized under federal and state immigration laws to perform specific services and at the specific locations detailed under this Agreement;
D.
All employees of the Respondent were hired in compliance with federal and state immigration laws and will continue to be employed in compliance with such laws (including but not limited to, timely I-9 verification and re-verification);
E.
The Respondent is without knowledge of any fact that would render any employee, contractor, or subcontractor of Contractor ineligible to legally work in the United States and to perform specific services as detailed herein;
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F.
The Respondent will promptly notify the Authority should an employee subsequently lose said authorization, and the Respondent will immediately remove such employee from the Authority’s premises and not reassign such employee to work at an Authority worksite unless the Respondent has confirmed that the individual has regained authorization to legally work in the United States;
G.
The SC State Ports Authority, as a public employer may not enter into a services contract with a contractor for the physical performance of services within this State unless the Contractor agrees: (1)
To register and participate in the federal work authorization program to verify the employment authorization of all new employees; and require agreement from its subcontractors, and through the subcontractors, the subcontractors, to register and participate in the federal verification of employment authorization of all new employees; or
(2)
To employ only workers who: (a)
Possess a valid South Carolina Driver’s License or identification card issued by the South Carolina Department of Motor Vehicles;
(b)
Are eligible to obtain a South Carolina Driver’s License or identification card in that they meet the requirements set forth in Sections 56-1-40 through 56-1-90;
(c)
Possess a valid driver’s license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Executive Director of the South Carolina Department of Motor Vehicles, or his designee. The Executive Director of the South Carolina Department of Motor Vehicles, or his designee, shall publish on its website a list of states where the license requirements are at least as strict as those in South Carolina; or
(d)
Possess a valid United States passport or valid United States military identification card.
H.
The Respondent will provide further assurances to the Authority upon request;
I.
The Respondent will respond in a timely fashion to any inspection or audit requests from the Authority, the Authority’s agents, third-parties, and federal or state agencies regarding its immigration-related documents and compliance.
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5.25
5.26
ACCESS TO THE TERMINALS A.
Access to Authority premises is for official verifiable business only. Federal regulations mandate that all persons seeking unescorted access to restricted areas of MTSA regulated Authority Facilities must possess a Transportation Worker Identification Credential (TWIC); this credential must be presented for inspection prior to being granted access to the terminal. This will be a requirement of the Respondent for all personnel whether or not a direct employee or subcontractor and shall include labor, supervision, management, suppliers, consultants, and all other personnel required for execution of the project. More information regarding this Transportation Security Administration program can be obtained from their website: www.tsa.gov/twic or by calling 1866-347-8942. TWIC is not required for access to SC Inland Port or the Corporate Headquarters for visitors.
B.
All personnel working on a South Carolina State Ports Authority Facilities must participate in port security awareness and safety training program provided by the South Carolina State Ports Authority Police Department.
C.
The Respondent shall be responsible for assuring all employees have a TWIC in their immediate possession at all times. The Port’s Police shall have the right to deny entry and / or remove from the South Carolina State Ports Authority property anyone not having appropriate picture ID.
D.
The Respondent’s shall ensure that all sub-contractors shall abide by these rules and regulations.
E.
The Respondent and any Sub-contractors parties working under said contract with the Authority shall be under the jurisdiction of and subject to all applicable federal, state, and local laws, and jurisdiction.
F.
Pass(es) may be terminated at any time with or without warning.
SAFETY PRECAUTIONS AND PROGRAMS The Respondent shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work of any federal, state, or local laws, ordinances, building construction codes and regulations.
5.27
AWARD The Authority reserves the right to award a contract, in whole or in part by terminal, to the Respondent determined to be the most qualified to provide the service requirements for that terminal.
5.28
RECEIPT OF PROPOSALS The Authority will be accepting proposals until 2:00 p.m. Friday, April 26, 2013, in the Procurement Office, 838 Morrison Drive, Charleston, South Carolina, after which, all proposals will be reviewed.
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5.29
RIGHT TO REJECT PROPOSALS The Authority reserves the right to reject any or all proposals or to accept any proposal if considered best for its interest.
5.30
PROPOSALS All Respondents shall submit their written offer on the Authority’s Response, No Response Form Attachment A (enclosed) or on their company letterhead with all items completed and properly signed by an officer of the company.
5.31
ATTACHMENTS Attachment A:
Response Form and/or No Response Form
Attachment B:
Affidavit of Non-Collusion
Attachment C:
Certification of Drug-Free Workplace Act
Attachment D:
Certification of Immigrations Reform Act of 2008
Attachment E:
Sample Contract Agreement
Attachment F:
Acknowledgement of Addendum
Appendix A:
Training
Appendix B:
Abilities Required
Appendix C:
SC Code of Laws, Title 40, Chapter 18
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APPENDIX A TRAINING NOTE: TRAINING HOURS ARE NOT BILLABLE HOURS. A.
All Authority sites. 1.
Security guards will receive a minimum of forty (40) hours of formal training which is specific to the Authority and in addition to the Respondent training for new hire indoctrination. All Security Guards must show proficiency with performance standards and be approved by the Authority’s Facility Security Officer/Training Division to qualify for Gate Officer assignments at the Authority sites. Additional training may be required as determined by the Authority’s Facility Security Officer/Training Division for performance deficiencies. Training must include: Orientation and familiarization with the Authority, mission and overview of facilities and operation; Security Officer 105.210 training; TWIC and Access Control processes, Visitor Management, Security Systems Operation, Critical Incident Management and on site Gate Officer Training, and Corporate Headquarters.
2.
The training will consist of the following time increments: Sixteen (16) hours of classroom training before assignment. Twenty-four (24) hours minimum on the job (specific site) training with a qualified instructor approved by the Authority’s Facility Security Officer/Training Division.
3.
It is expected that the Respondent will maintain up to date training files on all Security Force personnel and will make them available to the Authority upon request. Current “Training Report for Security Guards” summary will be maintained in each officer’s personnel file and be available for review by the Authority. At the completion of both the sixteen (16) hours of pre-assignment formal training and twenty-four (24) hours of site-specific training, a training completion form will be given to the Authority’s Chief of Port Police or designee certifying security officer proficiency of training for the specified site. The Authority’s Facility Security Officer/Training Division will evaluate each security officer’s proficiency with required standards and job tasking prior to permanent assignment. Security Guards and Officers may not work until proof of training and acknowledgement of proficiency with standards has been satisfied. The Authority’s Chief of Port Police or designee may verify the knowledge of the officer by asking questions or requiring a demonstration of abilities. If the Authority’s Chief of Port Police or designee is not satisfied with the knowledge level of the officer, the Area Manager will be notified, and whatever corrective action is required will be taken by the Respondent at no cost to the Authority.
4.
All guards assigned to traffic control duties will receive a minimum of one (1) hour training in proper procedures for directing traffic in an industrial environment.
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B.
The suggested topics to be covered in the training are attached at the end of this Appendix. All training must be conducted by a qualified Respondent supervisor whose qualifications will be provided to the Authority’s Chief of Port Police or designee. Results of written tests will be kept in each individual’s personnel file.
C.
Once a security guard has been trained at one of the Authority’s sites, only the specific site training at another site will be required (2 hours minimum). Certification of training at each site will be provided to the Authority’s Chief of Port Police or designee and kept in each officer’s personnel file. If a guard has not worked a site in the previous six (6) months, they will be required to complete two (2) hours of refresher training with a supervisor before assignment to that site.
D.
Four (4) hours of refresher training will be conducted every six (6) months to include a review of areas that the Authority’s Chief of Port Police or designee considers being of particular relevance. Training bulletins and video programs may also be used. This training will also be documented in writing, with notice to the Authority’s Chief of Port Police or designee and a copy in the personnel file. Respondent may group officers together within a month before or after the required date to make the class size more cost effective.
E.
The Respondent is encouraged to provide continuing education and training to all employees and evidence of this training will be considered in approval of requests for assignment of an individual, and in other instances where Security force education is considered relevant.
F.
Training Topics: In addition to required security company indoctrination: 1.
2.
Pre-Assignment (16 hours) (a)
Authority Orientation: Mission, facilities, operational overview;
(b)
MTSA Security Officer 105.210 and Facility Security Plan;
(c)
Reports and Documentation
(d)
Radio Procedures and Protocol
(e)
Access Control Procedures and TWIC
(f)
Fire Protection and Safety
(g)
Handling complaints
(h)
Chain of Command
Site-Specific Training - Security Guard (24 hours) (a)
Orientation: Meet Port Police Staff and Training Division, Tour facilities, Gate Locations
(b)
Gate Orientation: Equipment, Security Manual, Forms and Logs
(c)
Officer Briefing and Watch Relief procedures
(d)
Post Orders, General and Specific
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G.
(e)
Activity Sheet and Equipment Maintenance Logs
(f)
Police and Marine Radio Procedures; Contacting Dispatch and Port Police
(g)
Telephone and Fax Procedures
(h)
Computer and Monitoring Equipment Procedures
(i)
Location of Emergency Equipment (fire extinguishers, etc.)
(j)
Handling Administrative Notices, E-mails, Directives
(k)
Handling Emergencies and Calls for Service
(l)
Visitor Management, Passes and TWIC Procedures
(m)
Access Control: Decals, Passes, TWIC, Badge Scanners, Barrier Arms, Verifying Official Business, Screenings
(n)
Traffic and Access Control Lane Management
(o)
Cargo Documentation: Forms, Gate Releases, Signatures, and Discrepancies
(p)
Berthing Procedures
(q)
MARSEC: Sign Procedures, Location, Protocol
(r)
Train Gate Procedures
(s)
Approved Taxis Procedures
(t)
Crew Shore Procedures
(u)
Breach of Security Procedures
(v)
Bomb Threats
(w)
Perform Supervised On the Job Gate Management
(x)
Communications and telephone etiquette
Security personnel are required to be properly trained and SLED certified. All training will be documented and updated by the Area Manager on a regular basis or as personnel rotate and will be kept on site for review by the Authority’s Chief of Port Police or designee.
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APPENDIX B ABILITIES REQUIRED
1.
Ability to speak English clearly.
2.
Ability to write/print English neatly.
3.
Ability to answer phone.
4.
Ability to operate two-way radio.
5.
Ability to give accurate directions.
6.
Ability to complete appropriate gate logs.
7.
Ability to operate gate control arms.
8.
Ability to operate video recording equipment.
9.
Ability to complete various gate passes (service/cargo).
10.
Ability to inspect empty containers.
11.
Ability to accurately check exit passes (service/cargo).
12.
Ability to check security features of Transportation Worker Identification Cards (TWIC).
13.
Ability to check and verify container, chassis and seal numbers.
14.
Ability to accurately log container, chassis and seal numbers.
15.
Ability to direct traffic.
16.
Ability to complete after hour entry log.
17.
Ability to turn lights on and off.
18.
Ability to manually open, close, lock and unlock gates.
19.
Ability to complete Port Admission Permit Applications.
20.
Ability to place entry permit on vehicle.
21.
Ability to open, close, unlock and lock doors and gates.
22.
Ability to observe suspicious individuals and make appropriate notifications.
23.
Ability to operate loading dock doors.
24.
Ability to monitor surveillance cameras.
25.
Ability to monitor fire alarm equipment.
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26.
Ability to check doors for security purposes.
27.
Ability to observe parking violations and make appropriate notifications.
28.
Ability to refuse entry to Facilities to those who have no need for entry (vehicular and pedestrians).
29.
Ability to give appropriate hand signals to vehicular traffic.
30.
Ability to work standing for extended periods of time.
31.
Ability to issue daily passes.
32.
Ability to read and comprehend written and verbal orders.
33.
Ability to place pedestrian barriers where applicable.
34.
Ability to raise and lower flags.
35.
Ability to maintain janitorial logs and issue/ collect keys.
36.
Ability to ensure that after hour visitors sign in/out.
37.
Ability to maintain a clean and neat work uniform and equipment.
38.
Ability to work inside and outside.
39.
Ability to work in all types of weather conditions.
40.
Ability to climb stairs, ladders, etc.
41.
Ability to work shift work.
42.
Ability to work overtime.
43.
Ability to conduct security checks.
44.
Ability to inspect trucks and vehicles.
45.
Ability to operate a computer.
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APPENDIX C SC Code of Laws Title 40 - Professions and Occupations CHAPTER 18 PRIVATE SECURITY AND INVESTIGATION AGENCIES SECTION 40-18-20. Definitions. As used in this chapter, unless the context otherwise requires, the term: (A) "Private investigation business" means engaging in business or accepting employment to obtain or furnish information with reference to the: (1) identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person; (2) location, disposition, or recovery of lost or stolen property; (3) cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property; or (4) securing of evidence to be used in a criminal or civil proceeding, or before a board, an administrative agency, an officer, or investigating committee. (B) "Security business" means the provision of personnel whose duties include watching over, protecting, or defending people or property against intrusion, damage, injury, or loss, and specifically includes, but is not limited to, the following authorities or responsibilities: to allow or refuse access to property or certain areas of property; detect, prevent, or report entry by unauthorized persons; observe for and react to hazards or hazardous situations; observe for and react to violations of law or policy; observe for and react to emergencies; observe for and react to thefts or other incidents; apprehend or report intruders or trespassers; and maintain order or discipline. (1) "Contract security business" means engaging in the security business by providing private patrol, watchman, guard, security, or bodyguard service for a fee. (2) "Proprietary security business" means employing security officers who are assigned to security duties on the employer's property. (C) "Security officer" means a person who provides security service by performing any security function, as detailed in this chapter. (D) "SLED" means the South Carolina Law Enforcement Division. (E) "Uniform" means clothing displaying a badge, emblem, insignia, indicia, or print identifying the wearer as a security officer. HISTORY: 2000 Act No. 372, Section 1. SECTION 40-18-30. Powers and duties of South Carolina Law Enforcement Division (SLED). (A) The Chief of SLED has the following powers and duties as they relate to the practice of security businesses: (1) to determine the qualifications of applicants for licenses or registration under this chapter; (2) to promulgate regulations necessary to carry out this chapter;
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(3) to investigate alleged violations of this chapter and regulations promulgated by SLED; (4) to establish and enforce standards governing the safety and conduct of persons licensed and registered under this chapter; (5) to provide, with the advice and consent of the South Carolina Criminal Justice Academy, for the curriculum, training, and certification of training officers, and to approve the curriculum utilized by licensees for the training of their security officers to ensure that security officers have the requisite knowledge and skills necessary to carry out their duties in the private security business. The fee for the training of security company training officers must be determined by the designated training facility and be retained by the facility to defray the costs of conducting the training; and (6) to certify and register company training officers. (B) The Chief of SLED has the following powers and duties as they relate to the practice of private investigation businesses: (1) to determine the eligibility of applicants for licenses and registration under this chapter; (2) to investigate alleged violations of this chapter and regulations promulgated by SLED; (3) to promulgate regulations necessary to carry out this chapter; and (4) to require training necessary to provide for competent delivery of services to the public; (C) SLED must keep a record of all information received from other states and the United States Department of Justice pertaining to criminal identification systems. SLED must cooperate with other jurisdictions in criminal identification. (D) Fingerprint cards submitted to SLED pursuant to Sections 40-18-50, 40-18-60, 40-18-70, and 40-18-100 must be submitted by SLED to the Federal Bureau of Investigation to facilitate a national criminal records check of the applicant. HISTORY: 2000 Act No. 372, Section 1; 2002 Act No. 339, Section 31; 2006 Act No. 317, Section 6; 2008 Act No. 335, Section 11. SECTION 40-18-40. Licenses to operate security or private investigation business; transferability; surrender on termination of business or change of ownership. Licenses to operate security or private investigation businesses are the property of SLED and are not transferable. Licenses must be surrendered immediately to SLED upon the termination of a business or upon a change of ownership, possession, or control of a corporation or business entity. The transfer of twenty-five percent or more of corporate stock is considered a change in ownership. HISTORY: 2000 Act No. 372, Section 1. SECTION 40-18-50. Contract security business license; application; bond; renewal; qualifications of licensees; display of license; arrest of licensee; exemptions. (A) Any person engaged in the contract security business in an individual, self-employed capacity, or as an officer or principal of a corporation, or who furnishes security officers for a fee must make application in writing to SLED for a contract security business license and pay an annual license fee which must be set by regulation. (1) If the applicant company is an association or corporation, the chief executive officer of the association or corporation must be the applicant or must designate in writing the corporate officer or principal who is the applicant. (2) If the applicant company is a partnership, each partner must complete an application form. (3) The application for license must be made, under oath, on a form approved by SLED. The application must state the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation, including the name and address of the current employer, the date and place of any arrests, any
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convictions for violations of federal or state laws, and any additional information SLED may require. Each applicant must submit with the application one complete set of the applicant's fingerprints on forms specified and furnished by SLED and one color photograph of the applicant's full face, without head covering, taken within six months of the application. (B) The applicant must post a ten thousand dollar bond with SLED in a form approved by the Attorney General in favor of the State. The bond must be issued by a surety insurer licensed to transact surety insurance in this State. The surety on the bond may cancel the bond upon giving thirty days' notice to SLED, and the surety is relieved of liability for a breach of condition after the effective date of the cancellation. (C) SLED must grant a license to the applicant to conduct the security business stated in the application upon satisfaction of the competency and integrity of an applicant, or, if the applicant is an officer of an association, partnership, or corporation, upon satisfaction of the competency and integrity of any officers, principals, and partners. Licensure is for one year and application for renewal must be on a form approved by SLED. Issuance of the license authorizes establishment by the licensee of the number of branch offices the licensee considers feasible. (D) SLED may grant a license to a person who: (1) is a least twenty-one years of age; (2) has a high school diploma or equivalent; (3) is a citizen of the United States; (4) has not been convicted of a felony or crime involving moral turpitude; (5) is of good moral character; (6) has not been discharged from military service with other than an honorable discharge; (7) does not unlawfully use drugs; (8) does not use alcohol to such a degree as to affect adversely his ability to perform competently the duties of a security company licensee, has not been adjudicated an incapacitated person without being restored to legal competency, and who has no physical or mental impairment which would prevent him from competently performing the duties of a security company licensee; (9) has satisfied SLED that the applicant security business has or will have a competent certified training officer and an adequate training program with a curriculum approved by SLED, or that adequate training will be obtained from another approved source; (10) has had at least two years of experience as a supervisor or administrator in industrial security with a licensed security business, a security program approved by SLED, or as a sworn member of a federal, state, county, or municipal law enforcement agency; and (11) meets other qualifications SLED may establish by regulation. (E) Immediately upon the receipt of the license certificate issued by SLED pursuant to this chapter, the licensee must post and at all times display the license in a conspicuous place at his place of business. A copy or duplicate of the license certificate must be conspicuously posted at each branch office. The licensee must immediately notify SLED of the address of each branch office opened or closed. (F) Licensees must make business records available for inspection during normal business hours. The Chief of SLED or his designee may conduct inspections as necessary to ensure compliance with this chapter and SLED regulations. (G) A licensee who is arrested must report the custodial arrest to SLED within seventy-two hours of the arrest. (H) A person is exempt from the provisions of this section if he receives compensation for private employment on an individual, independent contractor basis as a patrolman, guard, or watchman and if he has full-time employment as a law enforcement officer with a state, county, or municipal law enforcement agency. For this exemption to be valid, the person must not be employed by another law enforcement officer. (I) A person is exempt from the provisions in this section if:
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(1) the person is employed solely as a nonuniformed, unarmed fire watchman, gatekeeper, or security officer; (2) the person is without delegated or assigned arrest authority; and (3) the employer is not a private investigation or security business. HISTORY: 2000 Act No. 372, Section 1; 2002 Act No. 339, Section 32. SECTION 40-18-60. Proprietary security business license; applications; qualifications of licensee; display of license; renewal; inspection of employment records; exemptions. (A) An employer who utilizes a person who is armed, uniformed, or has been delegated arrest authority for work on the employer's premises in connection with the affairs of the employer must make application to SLED for a proprietary security business license and pay an annual license fee, set by SLED regulation. (1) If the applicant is an association or corporation, the chief executive officer of the association or corporation must be the applicant or must designate in writing the corporate officer or principal who is the applicant. (2) If the applicant is a partnership, all partners must complete an application form. (3) The application for license must be made, under oath, on a form approved by SLED. The application must state the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation with the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, and any additional information as SLED may require. Each applicant must submit with the application one complete set of the applicant's fingerprints on forms specified and furnished by SLED and one color photograph of the applicant's full face, without head covering, taken within six months of the application. (B) SLED may grant a license to a person who: (1) is at least twenty-one years of age; (2) has a high school diploma or equivalent; (3) is a citizen of the United States; (4) has not been convicted of a felony or crime involving moral turpitude; (5) is of good moral character; (6) has not been discharged from military service with other than an honorable discharge; (7) does not unlawfully use drugs; (8) does not use alcohol to such a degree as to affect adversely his ability to perform competently the duties of a security company licensee, has not been adjudicated an incapacitated person without being restored to legal competency, and who has no physical or mental impairment which would prevent him from competently performing the duties of a security company licensee; (9) has satisfied SLED that the applicant and company are financially responsible; (10) has satisfied SLED that the person or company has or will have a competent, certified training officer and an adequate training program with a curriculum approved by SLED, or that adequate training will be obtained from another approved source; and (11) has met other qualifications SLED may establish by regulation. (C) SLED must grant a license to the applicant to employ security officers upon satisfaction of the competency and integrity of an applicant, or, if the applicant is an officer of an association, partnership, or corporation, upon satisfaction of the competency and integrity of the officers and principals. (D) Immediately upon receipt of a license, the licensee must post and at all times display the license in a conspicuous location at his place of business and at each location where security personnel are posted.
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(E) Issuance of the license authorizes the licensee to post persons performing the duties of security officers at each location of company property owned by the licensee. The licensee must immediately notify SLED of the address of each site where security officers are assigned and where assignments are discontinued. (F) Licensure is for one year and application for renewal must be on a form approved by SLED. (G) A licensee who is arrested must report the custodial arrest to SLED within seventy-two hours of the arrest. (H) Licensees must make employment records available for inspection during normal business hours. The Chief of SLED or his designee may conduct inspections as necessary to ensure compliance with this chapter and SLED regulations. (I) A person is exempt from the provisions of this section if he receives compensation for private employment on an individual, independent contractor basis as a patrolman, guard, or watchman and if he has full-time employment as a law enforcement officer with a state, county, or municipal law enforcement agency. For this exemption to be valid, the person must not be employed by another law enforcement officer. (J) A person is exempt from the provisions of this section if: (1) the person is employed solely as a nonuniformed, unarmed fire watchman, gatekeeper, or security officer; (2) the person is without delegated or assigned arrest authority; and (3) the employer is not a private investigation or security business. HISTORY: 2000 Act No. 372, Section 1. SECTION 40-18-70. Private Investigation License; applications; bond; renewal; display of license; qualifications of licensee; contract; reports to clients; arrest of licensee; inspections of business records; prior licensees. (A) A person who desires to operate a private investigation business in this State must apply for a Private Investigation License from SLED and pay an annual license fee which must be set by SLED regulation. (1) If the applicant is an association or corporation, the chief executive officer of the association or corporation must be the applicant or must designate in writing the corporate officer or principal who is the applicant. (2) If the applicant is a partnership, all partners must complete an application form. (3) The application for license must be made, under oath, on a form approved by SLED. The application must state the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation with the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, excluding traffic violations, and any additional information as SLED requires. Each applicant must submit with the application one complete set of the applicant's fingerprints on forms specified and furnished by SLED and one color photograph of the applicant's full face, without head covering, taken within six months of the application. (B) The applicant must post a ten thousand dollar bond with SLED in a form approved by the Attorney General in favor of the State. The bond must be issued by a surety insurer licensed to transact surety insurance in this State. The surety on the bond may cancel the bond upon giving thirty days' notice to SLED and is relieved of liability for a breach of condition after the effective date of cancellation. (C) Upon receiving the application, bond, and license fee and upon satisfaction after investigation of the competency and integrity and qualifications of the applicant, SLED must grant a license to the applicant to conduct the private investigation business stated in the application. Licensure is for one year and application for renewal must be on a form approved by SLED. The initial and annual renewal license fee for conducting a private investigation business must be set by regulation. (D) Issuance of a license authorizes the licensee to engage in the private investigation business and to operate branch offices. Immediately upon receipt of the license certificate issued by SLED pursuant to this chapter, the licensee must post and at all times display the license in a conspicuous place at his primary place of business. A
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copy or duplicate of the license certificate must be conspicuously posted at each branch office. The licensee must immediately notify SLED of the address of each branch office opened or closed. (E) SLED may issue a license to a person who: (1) is at least twenty-one years of age; (2) has a high school diploma or equivalent; (3) is a citizen of the United States; (4) has not been convicted of a felony or a crime involving moral turpitude; (5) is of good moral character; (6) does not unlawfully use drugs; (7) does not use alcohol to such a degree as to affect adversely his ability to perform competently the duties of a private investigator, has not been adjudicated an incapacitated person without being restored to legal competency, and who has no physical or mental impairment which would prevent him from competently performing the duties of a private investigator; (8) has not been discharged from the military service with other than an honorable discharge; (9) has at least three years' experience: (a) as a private investigator employed by a licensed private investigation agency; (b) as an investigator for a law firm, a government agency, a private corporation, a nonprofit organization, or in a capacity that SLED determines has provided the requisite investigative experience; or (c) as a sworn officer with a federal, state, county, or municipal law enforcement agency. (F) A private investigator licensed under this chapter must, prior to commencement of services or investigation ordered by a client, secure a contract signed by the client and the private investigator, on a form approved by SLED, describing in detail the services to be provided, fees to be charged, and an understanding by both parties concerning delivery of the written report. A client may waive the right to a written contract by signing a form approved by SLED. (G) A private investigator licensed under the provisions of this chapter must provide to each client, in compliance with the contract describing the investigation or other services, and within a reasonable time of the conclusion of contracted work, a written report accurately detailing hours worked, activities accounting for time charged, and results of an investigation. This requirement is satisfied if the private investigator maintains in his files a waiver of written report signed by a client. (H) A private investigator licensed under the provisions of this chapter must maintain for a period of three years copies of all written service contracts and investigation reports. (I) Evidence of criminal activity discovered by a licensed or registered private investigator must be immediately reported to the Chief of SLED. (J) A licensee who is arrested must report the custodial arrest to SLED within seventy-two hours of the arrest. (K) Licensees must make business records available during normal business hours for inspection by the Chief of SLED or his designee. (L) A person initially licensed as a private investigator before the effective date of this section, and who has maintained his license, is not required to meet the requirements contained in subsections (E)(1), (4), and (8). HISTORY: 2000 Act No. 372, Section 1; 2002 Act No. 339, Sections 33, 34, 35. SECTION 40-18-80. Security officer registration certificates; application; qualifications of applicants; report of arrests; exemptions.
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(A) Persons performing the duties of security officers must also obtain valid security officer registration certificates. Except as provided in Section 40-18-90, a licensee may not authorize a person to perform the duties of a security officer unless that person holds a valid security officer registration certificate or has applied for a security officer registration certificate and meets the requirements of Section 40-18-80(A)(2). A contract or proprietary security business licensee must verify that each security officer immediately upon hiring possesses a valid security officer registration certificate or has applied for one. The licensee may apply and pay the fee for the security officer registration certificate or may require the person to be employed as a security officer to apply and pay the fee. For purposes of the penalties provisions of this chapter, the licensee and the person to be employed as a security officer are both responsible for ensuring that the person performing duties of a security officer is registered or has made application to be registered. (1) The application must be made on forms approved by SLED and, under oath, the applicant must furnish the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation with the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, and any additional information as SLED requires. The application must be accompanied by one set of fingerprints of the applicant and one photograph of the applicant in color, full face and without head covering, taken within six months prior to the application and certified results of a SLED-approved drug screen. (2) Pending issuance of a registration certificate, a security officer may perform the duties of a security officer for up to twenty days after receipt by SLED of his application for registration; however, a person authorized to perform duties under this section has no arrest authority and must not carry a firearm until SLED issues a registration certificate. If SLED does not issue a registration certificate within twenty days of receipt of the application, a security officer must cease performing all security-related activities. (3) Upon being satisfied of the suitability of the applicant for employment and the applicant's successful completion of an approved training program, SLED must register the employee and notify the licensee. (4) SLED may issue or renew a registration certificate to a person who: (a) is employed by a licensed security business; (b) is at least eighteen years of age; (c) is a citizen of the United States; (d) has not been convicted of a felony or crime involving moral turpitude; (e) is of good moral character; (f) does not unlawfully use drugs; (g) does not use alcohol to such a degree as to affect adversely his ability to perform competently the duties of a security company licensee, has not been adjudicated an incapacitated person without being restored to legal competency, and who has no physical or mental impairment which would prevent him from competently performing the duties of a security company licensee; (h) has passed a SLED-approved pre-employment drug test; (i) has not been discharged from the military service with other than honorable conditions; and (j) has not been refused a license under this chapter for any reason other than minimum experience requirements and has not had a license under this chapter revoked or suspended. (5) While on duty, a registered person must have his registration certificate in possession. (6) A registered person who is arrested must report the arrest to SLED within seventy-two hours of the arrest. (7) The licensee must notify SLED within ten days of the termination or hiring of a registered security officer. (8) Registration is valid for one year; however, the registered person may perform the duties of a security officer only while employed by a person licensed under this chapter to provide security services or while working in a self-employed capacity provided that the officer is also a licensee.
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(9) Application for renewal of registration must be made on a form approved by SLED. (10) The initial and annual renewal registration fee for an employee registered in accordance with this section must be set by SLED by regulation. (B) Within thirty days of the employment of a person who will perform the functions of a private investigator, a private investigator licensee, or the person to be employed as an investigator must make application to SLED for registration of the person to be employed as a private investigator. After thirty days, a licensee may not authorize a person to perform the duties of a private investigator unless that person holds a valid private investigator registration certificate or has applied for one. The licensee may apply and pay the fee for the private investigator registration certificate or may require the person to be employed as an investigator to apply and pay the fee. For purposes of the penalties provisions of this chapter, the licensee and the person to be employed as an investigator are both responsible for ensuring that the person performing duties of an investigator is registered or has made application to be registered. (1) The application must be made under oath and must state the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation with the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, and any additional information SLED may require. Each applicant must submit with the application one set of the applicant's fingerprints on forms specified and furnished by SLED and one color photograph of the applicant's full face, without head covering, taken within six months prior to the application. (2) Pending issuance of a registration certificate, a person who does not possess a valid registration certificate must not perform the duties of a private investigator unless accompanied by a registered private investigator. (3) SLED may issue a registration certificate to a person who: (a) has a high school diploma or its equivalent; (b) is at least eighteen years of age; (c) is a citizen of the United States; (d) has not been convicted of a felony or crime involving moral turpitude; (e) is of good moral character; (f) does not unlawfully use drugs; (g) does not use alcohol to such a degree as to affect adversely his ability to perform competently the duties of a private investigator, has not been adjudicated an incapacitated person without being restored to legal competency, and who has no physical or mental impairment which would prevent him from competently performing the duties of a private investigator; and (h) has not been discharged from the military service with other than honorable conditions. (4) Upon receiving the application, SLED must, after investigation sufficient to verify the applicant's eligibility, integrity, and suitable background, grant registration to the applicant and so notify the employer. The registration is for a period of one year. Applications for renewal must be on a form approved by SLED. (5) While performing the functions of a private investigator, a registered person must have his valid registration certificate or a copy in his possession. (6) A registration certificate expires upon the registered investigator's termination of employment and is nontransferable to a different employer. The employer of a registered investigator must notify SLED within ten days of the termination of employment of any registered employee. (7) Initial and renewal registration fees must be set by SLED by regulation. (C) A person registered as a private investigator who is arrested must report the custodial arrest to SLED within seventy-two hours of the arrest. (D) A person is exempt from the registration and licensing requirements of this section when the employer is not a private investigation business and the employee is exclusively employed by that employer. The exemption from
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registration and licensing requirements applies only to work performed for the exclusive employer. If the person, during the period of his exclusive employment, performs or is available to perform investigative work for a different employer or more than one employer, the person must obtain a private investigation license or registration pursuant to this section. HISTORY: 2000 Act No. 372, Section 1. SECTION 40-18-90. Use of temporary employees for special events; notice of use; fees. Notwithstanding any other provision of this chapter, a person who holds a security business license may use temporary employees for special events without registering the temporary employees if the temporary employment does not exceed ten days in a calendar year and the employees have no arrest authority and are not armed during the employment. The names, addresses, and birth dates of the temporary employees, along with the identity and date of the special event for which they are to be employed, must be furnished to SLED at least five days prior to the commencement of the special event, along with a fee of five dollars for each temporary employee. HISTORY: 2000 Act No. 372, Section 1. SECTION 40-18-100. Security Weapons Permits; Security Concealed Weapons Permits. (A) SLED may grant a Security Weapons Permit to carry a particular type of firearm to a person who is at least twenty-one years of age, is eligible to possess firearms, and is licensed or registered as a security officer. Application for the permit must be made on forms approved by SLED and the fee must be set by SLED regulation. An applicant must submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by SLED. Fingerprint cards submitted to SLED pursuant to this section must be used to facilitate a national criminal records check, as required by Section 40-18-30. The permit is for one year and application for renewal must be on a form approved by SLED. The permit renewal must specifically reauthorize the type of firearm to be used by the permittee. (B) No person may be issued a Security Weapons Permit and no permit may be renewed until the applicant or registered person has presented to SLED proof of proficiency, as determined by SLED, in the use of the type of firearm issued or authorized by his employer. (C) A person issued a Security Weapons Permit in accordance with this section may only carry a firearm in an open and fully-exposed manner while in uniform and performing security duties or while in a vehicle enroute directly to or from a security post or place of assignment. (D) SLED in its discretion may issue a Security Concealed Weapons Permit to a registered security officer to carry, whether concealed or not, a firearm about his person, even though he is not in uniform or on duty if SLED determines that the additional permit would enable the permittee to better perform his assigned duties. The authority conveyed by the permit may be restricted by SLED, and violation of these restrictions constitutes a violation of Section 40-18-130. HISTORY: 2000 Act No. 372, Section 1; 2002 Act No. 339, Section 36. SECTION 40-18-110. Authority and arrest powers of those licensed or registered under chapter. A person who is registered or licensed under this chapter and who is hired or employed to provide security services on specific property is granted the authority and arrest power given to sheriff's deputies. The security officer may arrest a person violating or charged with violating a criminal statute of this State but possesses the powers of arrest only on the property on which he is employed. HISTORY: 2000 Act No. 372, Section 1. SECTION 40-18-120. Development of guidelines for reciprocal agreements with other states.
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SLED may adopt guidelines which permit the Chief of SLED to enter into reciprocal agreements with other states for the recognition of registration certificates or licenses issued to security officers or private investigators in the reciprocal states. HISTORY: 2000 Act No. 372, Section 1. SECTION 40-18-130. Denial, suspension, revocation, or refusal to renew license or registration; grounds; appeals; civil penalties. (A) SLED may deny, suspend, revoke, or refuse to renew a license or registration under this chapter upon finding that the applicant, licensee, or registered individual has: (1) made a false statement or given false information in connection with an application for or renewal or reinstatement of a license or registration; (2) made a false statement or given false information in connection with activities conducted pursuant to a license or registration issued under this chapter; (3) violated any provision of this chapter; (4) violated a regulation promulgated by SLED; (5) violated a permit restriction; (6) failed to cooperate with law enforcement agencies in the prosecution of a person arrested by a security officer on property where the security officer was working; (7) been convicted of or plead guilty to a crime since becoming licensed or registered, or been charged with a crime which would, upon conviction, disqualify the person for licensing or registration; (8) impersonated, permitted, or aided and abetted a person to impersonate a law enforcement officer or employee of the United States, this State or its political subdivision, or a municipal corporation since becoming licensed or registered; (9) engaged in or permitted an employee to engage in the private investigation business or private security business in violation of the provisions of this chapter; (10) willfully failed to render a client service as described in a written contract; (11) knowingly violated or advised, encouraged, or assisted the violation of a court order or injunction in the course of business; (12) committed an act which is a ground for denial of an application for license or registration under this chapter; (13) given legal advice or falsely represented himself as an attorney or the agent of an attorney; (14) issued, delivered, or uttered a simulation of process which might have led a person to believe that the simulation was a summons, warrant, writ, court process, or a pleading in a court proceeding; (15) willfully obstructed an official investigation by a law enforcement officer; or (16) harassed or threatened a client or witness to prevent him from providing evidence in a legal proceeding or investigation. (B) For violations of this chapter or any regulation pertaining to this chapter, SLED may, in its discretion, impose a civil monetary penalty upon the holder of a license or registration certificate in lieu of suspension or revocation. Security company and private investigator company licensees are subject to a monetary penalty of not less than twenty-five dollars nor more than one thousand dollars for each offense. Registered security officers and registered private investigators are subject to a penalty of not less than twenty-five dollars nor more than five hundred dollars for each offense. SLED may, in its discretion, accept an offer in compromise or suspend payment of a fine or a monetary penalty imposed under this section.
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(C) The decision to deny, suspend, revoke, or refuse to renew a license or registration must be in writing, signed by the Chief of SLED or his designee, and must state the grounds upon which the decision is based. The licensee or registered individual may, within thirty days after receipt of the decision, appeal the decision to the Administrative Law Court. (D) If a monetary penalty imposed pursuant to this section is not paid or a hearing is not requested within thirty days of receipt of SLED's decision, SLED must revoke the license or registration certificate. (E) A person must promptly surrender a license or registration certificate suspended or revoked under the provisions of this chapter. (F) Pending suspension or revocation, no partner or person with a financial interest in the business may be issued a license for the business. No partner or person with a financial interest may be issued a license for the business for a period of one year after the date of suspension or revocation. (G) A person whose license or registration certificate has been suspended or revoked is not eligible to receive a new license or registration for another location or business during the period of suspension or revocation. (H) Notwithstanding any other provision of law, penalties paid pursuant to this section must be retained, expended, and carried forward by SLED to be applied to costs associated with regulation of the private security and private investigator businesses in this State. HISTORY: 2000 Act No. 372, Section 1. SECTION 40-18-140. Exceptions from application of chapter. This chapter does not apply to: (1) an officer or employee of the federal government, or of this State or a political subdivision of either, or of a municipal corporation while the employee or officer is engaged in the performance of official duties; (2) a person or firm engaged as a consumer reporting agency, as defined by the Federal Fair Credit Reporting Act, when gathering, processing, or reporting information directly related to a credit rating or credit status; (3) an attorney-at-law while in the performance of his duties; or (4) a person, as defined by Section 38-1-20(29), licensed or authorized by the Director of Insurance to transact business within the State, when performing duties directly related to that license or authorization. HISTORY: 2000 Act No. 372, Section 1. SECTION 40-18-150. Violation of chapter; penalty. A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both. HISTORY: 2000 Act No. 372, Section 1.
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