Notice End Date: October 14, 2026

Vendor Name: Chem-Aqua Inc

Contract Amount: $726,718.00

Agency Procurement Manager: Wayne Singleton

Agency Procurement Manager Email: singlewa@musc.edu

Agency Procurement Manager Telephone#: 843-792-1725

The Agency hereby provides notice that it entered into an emergency contract per S.C. Code Ann. §11-35-1570 with Vendor for the following supplies, services, information technology, or construction:

The Medical University of South Carolina (MUSC), Department of Engineering & Facilities (E&F), in accordance with §11-35-1570 (B) of the SC Consolidated Procurement Code and in accordance with Regulation 19-445.2110, is announcing the award of an emergency procurement to Chem-Aqua Inc. 

The emergency condition results from the combination of documented contractor performance failures, MUSC’s determination that continuation of the existing contractual relationship presents unacceptable operational and compliance risks, and the requirement to maintain uninterrupted treatment and monitoring of critical utility systems during the transition to a replacement vendor is a life safety issue. 

To mitigate the immediate threat without catastrophic operational delay, Chem-Aqua was selected due to its verified capability to mobilize personnel and equipment immediately. While alternative companies may exist, exhaustively researching, vetting, and contacting additional sources was highly impracticable under the critical constraints of this emergency. The time equity required to perform extensive market research would have directly extended the state of emergency, compounding risks to patient safety, critical healthcare operations, equipment reliability, and regulatory compliance.  Chem-Aqua represents that it has the personnel, technical expertise, and operational resources necessary to mobilize within MUSC’s required timeframe and provide continuous on-site treatment, monitoring, and support for MUSC’s critical utility systems. Prior to award, MUSC will obtain and document Chem-Aqua’s written service and mobilization plan, including assigned personnel, response expectations, regional support resources, equipment requirements, and implementation schedule. Based on its ability to meet the emergency transition schedule and maintain continuous treatment and monitoring of critical systems, Engineering and Facilities determined Chem-Aqua represented the most practicable solution under the circumstances.   Any delay in mobilization or interruption of treatment services could create unacceptable risks to patient safety, regulatory compliance, equipment reliability, and critical hospital operations; therefore, the ability to immediately implement services was a primary factor in contractor selection. 

This notice is not a request for competitive proposals. Telephone responses will not be accepted.

PROTESTS (MAY 2019)

If you are aggrieved in connection with the solicitation or award of the contract, you may be entitled to protest, but only as provided in Section 11-35-4210. To protest a solicitation, you must submit a protest within fifteen days of the date the applicable solicitation document is issued. To protest an award, you must (i) submit notice of your intent to protest within five business days of the date the award notice is posted, and (ii) submit your actual protest within fifteen days of the date the award notice is posted. Days are calculated as provided in Section 11-35-310(13). Both protests and notices of intent to protest must be in writing and must be received by the appropriate Chief Procurement Officer within the time provided. See clause entitled “Protest-CPO”. The grounds of the protest and the relief requested must be set forth with enough particularity to give notice of the issues to be decided. [02-2A085-2]

Any protest or notice of intent to protest must be addressed to the Chief Procurement Officer, Materials Management Office, and submitted in writing (a) by email to:

protest-mmo@mmo.state.sc.us or (b) by post or delivery to: 1201 Main Street, Suite 600, Columbia, SC 29201.

 

Agency's justification for this emergency procurement may be viewed or obtained at: Agency Procurement Manager (Listed Above)

PROTESTS:
Any actual or prospective bidder, offeror, contractor, or subcontractor aggrieved in connection with the intended award or award of this emergency contract, shall notify the appropriate chief Procurement officer in writing of its intent to protest within five (5) business days of the date this notice is posted. Any actual or prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of this emergency contract and has timely notified the appropriate chief procurement officer of its intent to protest, may protest to the appropriate chief procurement officer in the manner set forth below within fifteen days of the date this notice is posted; except that a matter that could have been raised as a protest of the solicitation may not be raised as a protest of the award or intended award of a contract.
A protest must be in writing, filed with the appropriate chief procurement officer, and set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided. The protest must be received by the appropriate chief procurement officer within the time provided above. Days are calculated as provided in S.C. Code Ann. § 11-35-310(13).

Any Notice Of Intent To Protest And Protest Must Be Addressed To: Materials Management Officer