State of Hawaii

AGRIBUSINESS DEVELOPMENT CORPORATION

Honolulu, Hawaii

INVITATION FOR BID

IFB-26-200-006

CONTRACT SPECIFICATIONS

Job No. 100008

Kekaha Agricultural Processing Facility

Kekaha, Kauai, Hawaii

Notice Date: June 17, 2026

BIDS VIA HIePRO DUE BY:

June 29, 2026

2:00 p.m.

i ii

IFB-26-200-002

TABLE OF CONTENTS

NOTICE TO BIDDERS .................................................................................. iii

BID FORM …………………………………………………………………B-1

WAGE CERTIFICATE……………………………………………………..B-7

SPECIAL PROVISIONS …………………………………………………...SP-1

EQUIPMENT SPECIFICATIONS

GENERAL CONDITIONS, AG-008 103D (Bound separately)

NOTICE TO BIDDERS

COMPETITIVE BIDS for IFB-26-200-006, Kekaha Agricultural Processing Facility processing and food service equipment at the Kekaha Agricultural Lands, Kekaha, Kauai shall be submitted to the Agribusiness Development Corporation (ADC) electronically via Hawaii e-Procurement

(HIePRO) before 2:00p.m., Wednesday, June 29, 2026. HIePRO is accessible through the State

Procurement Office website at www.spo.hawaii.gov.

General Conditions – AG-008, latest revision shall be made part of the specifications.

The State of Hawaii Agribusiness Development Corporation (ADC) is proposing improvements to an existing facility situated at 7189-D Kaumualii Hwy., Kekaha, HI 96752 for the development of an agricultural processing facility that includes cold storage, washing station, and processing area. This project aims to create an agricultural processing facility that meets the requirements of the Food Safety Modernization Act (FSMA) so that the growers in the region have a post-harvest facility to store and process their produce.

The Base Bid of scope of work includes furnishing and delivering food service equipment at the existing facility located at 7189-D Kaumualii Hwy., Kekaha, HI 96752. To be eligible for award, bidders must possess a certificate of compliance from Hawaii Compliance Express at the time of bidding. Any loss of or damage to ADC property caused by negligence of the Contractor or its employees, shall be replaced, repaired, and/or paid for by the Contractor.

The contract will be for 12 months from the official notice to proceed. The ADC reserves the option of extending this contract accordingly at no additional cost to complete the work. The estimated cost of the base scope of work is $1,000,000.00.

The award of the contract, if it be awarded, will be subject to the availability of funds.

iii http://www.spo.hawaii.gov/

BID FORM

Kekaha Agricultural Processing Facility

Procurement Officer

Agribusiness Development Corporation

235 South Beretania St., Ste. 205

Honolulu, Hawaii 96813

Dear Sir:

The undersigned has carefully read and understands the terms and conditions specified in the Bid

Form and Special Provisions attached hereto, and in the AG-008 General Conditions, by reference made a part hereof and available upon request; and hereby submits the following offer to perform the work specified herein, all in accordance with the true intent and meaning thereof. The undersigned further understands and agrees that by submitting this offer, 1) Is declaring his/her offer is not in violation of Chapter 84, Hawaii Revised Statutes, concerning prohibited State contracts, and 2) he/she is certifying that the prices submitted were independently arrived at without collusion.

The undersigned represents: (Check √ one only)

A Hawaii business incorporated or organized under the laws of the State of Hawaii;

OR

A Compliant Non-Hawaii business not incorporated or organized under the laws of the State of Hawaii, but registered at the State of Hawaii Department of Commerce and Consumer Affairs Business Registration Division to do business in the State of

Hawaii.

State of incorporation:

Offeror is:

Sole Proprietor Partnership Corporation Joint Venture

Other

Federal Tax I.D. No.:

Hawaii General Excise Tax License I.D. No.:

Payment address (if other than street address below):

City, State, Zip Code:

Business address (street address):

City, State, Zip Code:

B-1

B-2

A. Insurance Coverage: Carrier Policy No. Agent

Commercial General Liability

Automobile Liability

Workers’ Compensation

Temporary Disability

Prepaid Health Care

Unemployment Insurance State of Hawaii I.D. No.

Respectfully submitted:

Date: (x)

Authorized (Original) Signature

Telephone No.:

Fax No.: Name and Title (Please Type or Print)

E-mail Address: *

Exact Legal Name of Company (Offeror)

*If Offeror is a “dba” or a “division” of a corporation, furnish the exact legal name of the corporation under which the award will be executed.

(End of page)

B-3

KEKAHA AGRICULTURAL PROCESSING FACILITY (BASE BID)

Spec.

Item

No.

Quantity

Unit

Description

Unit Price

Total

EA

48” x 120” 14-Gauge Stainless Steel

Work Table

2 3 EA

42.5”(h) x 18”(w) x 19.5”(d) Hand Sink

45”(h) x 125”(w) x 32”(d) Three- Compartment Sink

44.5”(h) x 108”(w) x 30”(d) Work Table, with Prep Sink

5 4 EA

83.44”(h) x 52.13”(w) x 35”(d) Reach- In Refrigerator

14.5625”(h) x 18”(w) x 48”(l) Heavy duty wall shelf

7 1 EA 30”(w) x 24”(d) x 21.5”(h) Ice Maker, together with 850 pound bin (min)

8 1 EA Receiving Scale $ $

9 1 EA

Liquid Propane 60" Thermostatic Range

10 1 EA

Liquid Propane Countertop 10 Pan Full Size Combi Oven - 120V, 1 Phase

11 1 EA

13”(h) x 36”(w) x 27”(d) Charbroiler, Gas, Countertop $ $

B-4

KEKAHA AGRICULTURAL PROCESSING FACILITY (BASE BID

CONT’D)

Spec.

Item No.

Quantity

Unit

Description

Unit Price

Total

12 2 EA

45.74”(h) x 15.5”(w) x 30.5”(d) Gas Floor Fryer

13 1 EA

24" x 72" Expeditor Table

14 1 EA 48” Salamander

15 1 EA

16.88”(h) x 16.25”(w) x 17”(d) Coffee Brewer

60 3/8" Low Profile Undercounter

Refrigerator

43.75”(h) x 48”(w) x 31”(d)

Sandwich/salad preparation refrigerator

35.5” x 96” 14-Gauge Stainless Steel

Work Table

83.44”(h) x 52.13”(w) x 35”(d) Reach-In

Freezer

Liquid Propane 13" Mandarin Chamber

Wok Range

22.5”(h) x 18”(w) x 22.5”(d) Range, Stock Pot, Gas

57.6”(h) x 28.5”(w) x 28.5”(d) Planetary

Mixer

27.25”(h) x 24.63”(w) x 30.31”(d) Food slicer, electric

B-5

KEKAHA AGRICULTURAL PROCESSING FACILITY (BASE BID

CONT’D)

23.25”(h) x 12.81”(w) x 29.88”(d) Meat grinder

39(h) x 44(w) x 25.25(d) Cart, Utility/Bussing

1 EA Dishwasher $ $

27 1 EA

Drive-In Freezer 16’(w) x20’(l) x16’(h)

Drive-In Refrigerator 24'(w) x 36'(l) x

14'(h)

Drive-In Refrigerator 24’(w) x 28’(l) x

16’(h)

24” x 48” 14 gauge Stainless Steel Work

Table

31 1 EA Meat Saw – floor model vertical band

220v-60-3p, 3hp

32 1 EA Dehydrator. Stainless Steel Food

Dehydrator, with glass doors, 220v, 3000W

KEKAHA AGRICULTURE PROCESSING FACILITY

TOTAL BASE BID (ITEMS 1-32)

B-6

9/19/00

WAGE CERTIFICATE

FOR SERVICE CONTRACTS

Subject: IFB No.:

Title of IFB:

Agribusiness Development Corporation

Pursuant to Section 103-55, Hawaii Revised Statutes (HRS), I hereby certify that if awarded the contract in excess of $25,000, the services to be performed will be performed under the following conditions:

1. All applicable laws of the federal and state governments relating to workers' compensation, unemployment compensation, payment of wages, and safety will be fully complied with; and

2. The services to be rendered shall be performed by employees paid at wages or salaries not less than the wages paid to public officers and employees for similar work, with the exception of professional, managerial, supervisory, and clerical personnel who are not covered by Section 103-55, HRS.

I understand that failure to comply with the above conditions during the period of the contract shall result in cancellation of the contract, unless such noncompliance is corrected within a reasonable period as determined by the procurement officer. Payment in the final settlement of the contract or the release of bonds, if applicable, or both shall not be made unless the procurement officer has determined that the noncompliance has been corrected; and

I further understand that all payments required by Federal and State laws to be made by employers for the benefit of their employees are to be paid in addition to the base wage required by section 103-55, HRS.

Bidder

Signature

Title

Date

WAGE CERTIFICATE

SPECIAL PROVISIONS SP-1 IFB-26-200-006

SPECIAL PROVISIONS

TERMS AND ACRONYMS USED HEREIN

Procurement Officer = The Executive Director of Agribusiness Development Corporation State = All agencies, including schools, participating in this agreement.

SPO = State Procurement Office of the State of Hawaii, located at 1151

Punchbowl Street, Suite 416, Honolulu, Hawaii , 96813, P.O. Box 119, Honolulu, Hawaii 96810-0119.

ADC = Agribusiness Development Corporation, located at 235 South

Beretania Street, Suite, 205, Honolulu, Hawaii, 96813.

Bidder or Offeror = Any individual, partnership, firm, corporation, joint venture, or other entity submitting directly or through a duly authorized representative or agent, a bid for the good, service, or construction contemplated.

CA = Contract Administrator HRS = Hawaii Revised Statutes HAR = Hawaii Administrative Rules GC = General Conditions (AG-008, Rev. 01-10-2023) IFB = Invitation for Bids RFP = Request for Proposals

GET

SCOPE OF WORK

= General Excise Tax

The base scope of work includes furnishing and delivering food service equipment to the Kekaha Agricultural Processing Facility in Kekaha, Kauai, which includes modular cold storage, processing and food service equipment.

CONTRACT ADMINISTRATOR

For the purpose of this contract, the ADC Project Manager, is designated as the Contract Specialist by the Executive Director of Agribusiness Development Corporation. The telephone number at which he may be reached is (808) 586-0087, or email: ken.t.nakamoto@hawaii.gov.

TERM OF CONTRACT

The contract for the project shall be for 12 months following the official written Notice to Proceed.

The ADC reserves the right to extend the contract to complete the work, upon mutual agreement in writing at least sixty (60) days prior to the termination date. The Contractor or the ADC may terminate the Contract at any time upon thirty (30) days prior written notice. ADC intends to execute a contract following the bid opening, and confirmation of the lowest bidder.

mailto:ken.t.nakamoto@hawaii.gov

SPECIAL PROVISIONS SP-2 IFB-26-200-006

INTENT TO BID

Written notice of intent to bid is not required.

BID PREPARATION

Bid Form. Bidder is required to submit its offer using Bidder's exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable; and to indicate the exact legal name in the appropriate space on page B-2. Failure to do so may delay proper execution of the contract.

The authorized signature on the Bid Form, page B-2, may be an original signature in ink or an electronic signature accompanied by an audit or authentication. If unsigned, the offer shall be automatically rejected unless accompanied by other material, containing an original signature, indicating the Bidder’s intent to be bound.

HIePRO. Bidder shall enter lump sum bid onto HIePRO Line Item. Bidder shall upload completed Base Bid quotation onto HIePRO.

Hawaii business. A business entity referred to as a “Hawaii business”, is registered and incorporated or organized under the laws of the State of Hawaii.

Compliant non-Hawaii business. A business entity referred to as a “compliant non-Hawaii business,” is not incorporated or organized under the laws of the State of Hawaii but is registered to do business in the State.

Bid Quotation. Bid price shall include all applicable taxes and labor, equipment, tools, material, supplies, transportation, and any other costs incurred to provide goods and services as specified herein. Bidder shall bid on all items to qualify for award consideration.

Tax Liability. Work to be performed under this solicitation is a business activity taxable under Chapter 237, HRS, and vendors are advised that they are liable for the Hawaii General Excise tax (GET) at the current 4% rate. If, however, a Bidder is a person exempt by the HRS from paying the GET and therefore not liable for the taxes on this solicitation, Bidder shall state its tax-exempt status and cite the HRS chapter or section allowing the exemption.

Taxpayer Preference. For evaluation purposes, pursuant to §103D-1008, HRS, the Bidder's tax-exempt price offer submitted in response to an IFB shall be increased by the applicable retail rate of general excise tax and the applicable use tax. Under no circumstance shall the dollar amount of the award include the aforementioned adjustment.

Insurance. Bidder shall provide insurance information as requested on the appropriate Bid Form page.

SPECIAL PROVISIONS SP-3 IFB-26-200-006

SUBMISSION OF BID

The Bid shall be submitted electronically via HIePRO before 2:00 p.m. Monday, June 29, 2026 as stated on the Notice to Bidders IFB-26-200-006. NO BIDS WILL BE ACCEPTED BY

REGULAR MAIL, FACSIMILE OR EMAIL.

Any information provided in the bid by Bidder, that Bidder deems proprietary or confidential must be labeled or noted as proprietary or confidential or shall be subject to the Uniform Information Practices Act, Chapter 92F, HRS.

SUBMISSION OF QUESTIONS

Interested Offerors shall submit their questions on HIePRO before the deadline of Tuesday, June 23, 2026, 2:00 p.m. Answers will be posted by HIePRO on Thursday, June 25, 2026, 4:00 p.m. Interested Offerors may submit their questions on HIePRO before the deadline.

AWARD OF CONTRACT

Method of Award. Award, if made, shall be to the responsive, responsible bidder submitting the lowest Total Base Bid.

Prior to awarding the contract, the State will require certification of the following insurance coverages:

Worker's Compensation Temporary Disability Unemployment Insurance Prepaid Health Care

Responsibility of Lowest Responsive Bidder. Reference §3-122-112, HAR, Responsibility of Bidders. If compliance documents have not been submitted to the ADC prior to award, the lowest responsive bidder shall produce documents to the procurement officer to demonstrate compliance with this section.

HRS Chapter 237 tax clearance requirement for award. Instructions are as follows:

Pursuant to §103D-328, HRS, lowest responsive Bidder shall be required to submit a tax clearance certificate issued by the Hawaii State Department of Taxation (DOTAX) and the Internal Revenue Service (IRS). The certificate shall have an original green certified copy stamp and shall be valid for six (6) months from the most recent approval stamp date on the certificate. It must be valid on the date it is received by the ADC.

RESPONSIBILITY OF OFFERORS

Bidder is advised that if awarded a contract under this solicitation, the Bidder shall, be required to be compliant with all laws governing entities doing business in the State including the flowing chapters and pursuant to HRS §103D-310(c):

SPECIAL PROVISIONS SP-4 IFB-26-200-006

1. Chapter 237, tax clearance;

2. Chapter 383, unemployment insurance;

3. Chapter 386, workers’ compensation;

4. Chapter 392, temporary disability insurance;

5. Chapter 393, prepaid health care; and

6. Chapter 103D-310(c), Certificate of Good Standing (COGS) for awards $2,500 or greater.

The State will verify compliance on Hawaii Compliance Express (HCE) for awards $2,500 or greater.

The HCE is an electronic system that allows vendors, contractors and services providers doing business with the State to quickly and easily demonstrate compliance with applicable laws. It is an online system that replaces the necessity of obtaining paper compliance certificates from the Department of Taxation; Federal Internal Revenue Service; Department of Labor and Industrial Relations; and Department of Commerce and Consumer Affairs.

Vendors, contractors and service providers should register online with Hawaii Compliance Express (HCE) prior to submitting an offer at http://vendors.ehawaii.gov. The annual registration fee is $12.00 payable to Hawaii Information Consortium, LLC (HIC).

If you have any questions, please call: Hawaii Information Consortium, LLC

Phone no. 695-4620 or Email: info@ehawaii.gov.

The “Certificate of Vendor Compliance” is accepted for both contracting and final payment.

Paper documents as proof of compliance are NOT ACCEPTABLE. Offerors are advised that the following paper compliance documents will no longer be accepted:

Tax Clearance Form A-6;

Certificate Of Compliance , DLIR Form LIR#27 Certificate Of Good Standing, DCCA (BREG).

Timely Submission of Compliance Document. The “Certificate of Vendor Compliance” must be submitted to the ADC within five (5) working days from the date the request is made. If the certificate is not submitted on a timely basis, an otherwise responsive offer from a responsible Bidder may not receive the award.

It is recommended that Bidders register with Hawaii Compliance Express (HCE) prior to responding to a solicitation to ensure timely submittal when requested. Bidders should be aware that it may take up to thirty (30) working days to establish a compliance status

CONTRACT EXECUTION

Successful Bidder receiving the award shall be required to enter into a formal written contract.

Upon the execution of the contract by all parties, a Notice to Proceed will be issued at the appropriate time as determined by the ADC.

http://vendors.ehawaii.gov/ mailto:info@ehawaii.gov

SPECIAL PROVISIONS SP-5 IFB-26-200-006

QUANTITY

The ADC reserves the right to purchase larger or smaller quantities at the price quoted on this bid. The State shall not have set minimum quantity to be purchased in this contract.

INVOICING

Each invoice must specify the following:

1. Name of person issuing each invoice.

2. Title of project and Contract number.

3. Itemized break-down of services and materials provided.

4. Copy of signed delivery slips, if applicable.

Original and two copies of the invoices shall be sent to:

Agribusiness Development Corporation 235 South Beretania Street, Suite 205 Honolulu, HI 96813

PAYMENT

Sections 103-10, HRS provides that the State shall have thirty (30) calendar days after receipt of invoice or satisfactory delivery of goods or performance of the services to make payment. For this reason, the State will reject any bid submitted with a condition requiring payment within a shorter period. Further, the State will reject any bid submitted with a condition requiring interest payments greater than that allowed by Section 103-10 HRS, as amended.

The State will not recognize any requirement established by the Contractor and communicated to the State after award of the contract, which requires payment within a shorter period or interest payment not in conformance with statute.

EXTENSION OF TIME

Contractor shall complete the work within the time specified in the SP. If the Contractor fails to complete the work within the time specified, liquidated damages in accordance with the LIQUIDATED DAMAGES provision below shall apply. However, Contractor shall not be held responsible for the delay provided he notifies the ADC in accordance with GC Section 13 TERMINATION FOR DEFAULT, subsection (d) Excuse for nonperformance or delayed performance, and the reason for the delay is one of the allowable causes for delay as provided for in Section 13 (d).

SPECIAL PROVISIONS SP-6 IFB-26-200-006

GC Section 13 (d) is amended to include delay due to reason(s) beyond the control of the Contractor as a cause for delay for which the Contractor shall not be deemed to be in default. The ADC Executive Director shall be the sole judge of whether such delay is truly beyond the control of the Contractor and whether the extension will be granted. No such extension, however, shall be deemed a waiver of the right of the State to terminate the contract or to assess liquidated damages for delays not covered by specific authorized extension.

LIABILITY INSURANCE

The Contractor shall maintain in full force and effect during the life of this contract, liability and property damage insurance to protect the Contractor and his subcontractors, if any, from claims for damages for personal injury, accidental death and property damage which may arise from operations under this contract, whether such operations be by himself or by a subcontractor or anyone directly or indirectly employed by either of them. If any subcontractor is involved in the performance of the contract, the insurance policy or policies shall name the subcontractor as additional insured.

As an alternative to the Contractor providing insurance to cover operations performed by a subcontractor and naming the subcontractor as additional insured, Contractor may require subcontractor to provide its own insurance which meets the requirements herein. It is understood that a subcontractor's insurance policy or policies are in addition to the Contractor's own policy or policies.

The following minimum insurance coverage(s) and limit(s) shall be provided by the Contractor, including its subcontractor(s) where appropriate.

Coverage Limits

Commercial General Liability $1,000,000 per occurrence and

(occurrence form) $2,000,000 in the aggregate for bodily injury or property damage

Basic Motor Vehicle Insurance and Liability Policies $1,000,000 per accident

Each insurance policy required by this contract, including a subcontractor's policy, shall contain the following clauses:

1. "This insurance shall not be canceled, limited in scope of coverage or non-renewed until after 30 days written notice has been given to the State of Hawaii, Agribusiness Development Corporation, 235 South Beretania Street, Suite 205, Honolulu, Hawaii 96813."

2. "The Agribusiness Development Corporation is added as an additional insured as respects to operations performed for the State of Hawaii."

3. "It is agreed that any insurance maintained by the Agribusiness Development Corporation will apply in excess of, and not contribute with, insurance provided by this policy."

SPECIAL PROVISIONS SP-7 IFB-26-200-006

The minimum insurance required shall be in full compliance with the Hawaii Insurance Code throughout the entire term of the contract, including supplemental agreements.

Upon Contractor's execution of the contract, the Contractor agrees to deposit with the State of Hawaii certificate(s) of insurance necessary to satisfy the State that the insurance provisions of this contract have been complied with and to keep such insurance in effect and the certificate(s) there on deposit with the State during the entire term of this contract, including those of its subcontractor(s), where appropriate. Upon request by the State, Contractor shall be responsible for furnishing a copy of the policy or policies.

Failure of the Contractor to provide and keep in force such insurance shall be regarded as material default under this contract, entitling the State to exercise any or all of the remedies provided in this contract for a default of the Contractor.

The procuring of such required insurance shall not be construed to limit Contractor's liability hereunder or to fulfill the indemnification provisions and requirements of this contract.

Notwithstanding said policy or policies of insurance, Contractor shall be obliged for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract.

PERMITS, LICENSES, AND TAXES

The Contractor shall procure all permits and licenses, during the original or extended contract term, pay all charges, fees, and taxes, and give all notices necessary and incidental to delivery of the materials.

INSPECTIONS

The Contract Administrator or his representative reserves the right to inspect Contractor's job performance at any time and may require the Contractor's presence during inspection.

ADDENDA AND INTERPRETATIONS

Discrepancies, omissions, or doubts as to the meaning of Bid Form and SP should be communicated via HIePRO no later than seven (7) days prior to the date fixed for bid opening.

Any interpretation, if made and any supplemental instruction will be provided via HIePRO. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from an obligation under his bid submitted. All addenda so issued shall become part of the contract documents.

SPECIAL PROVISIONS SP-8 IFB-26-200-006

RIGHTS AND REMEDIES FOR DEFAULT

In the event the Contractor fails, refuses or neglects to perform the services in accordance with the requirements of these Special Provisions, the Base Bid, and GC herein, in addition to the recourse stated in the GC, the ADC reserves the right to purchase in the open market, a corresponding quantity of the services specified herein and to deduct from any moneys due or that may thereafter become due the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. In case any money due the Contractor is insufficient for said purpose, the Contractor shall pay the difference upon demand by the ADC.

The ADC may also utilize all other remedies provided by law.

LIQUIDATED DAMAGES

Refer to Section 9 of the GC. Liquidated damages is fixed at the sum of Two hundred and no/100 DOLLARS ($200.00) for each and every calendar day the Contractor delays the completion of this contract after the required date of said completion. Liquidated damages may be deducted from any payments due or to become due to the Contractor.

PROTEST

A protest based upon the content of the solicitation shall be submitted in writing within five (5) working days after the aggrieved persons knows or should have known of the facts giving rise thereto; provided further that the protest shall not be considered unless it is submitted in writing prior to the bid opening date.

A protest of an award or proposed award shall be submitted within five (5) working days after the posting of award of the contract.

The notice of award letter(s), if any, resulting from this solicitation shall be posted on HIePRO.

Any protest pursuant to §103D-701, HRS, and Section 3-126-3, HAR, shall be submitted in writing to the Contract Administrator, Agribusiness Development Corporation, 235 South Beretania Street, Room 205, Honolulu, Hawaii 96813 and posted by the protestor on HIePRO.

ADDITIONS, AMENDMENTS AND CLARIFICATIONS TO THE GC

Approvals. Any agreement arising out of this offer may be subject to the approval of the Department of Attorney General as to form, and is subject to all further approvals, including the approval of the Governor, required by statute, regulation, rule, order, or other directive.

Cancellation of Solicitations and Rejection of Offers. The solicitation may be cancelled, or the offers may be rejected, in whole or in part, when in the best interest of the purchasing agency, as provided in §§3122-95 through 3-122-97, HAR.

SPECIAL PROVISIONS SP-9 IFB-26-200-006

Confidentiality of Material. All material given to or made available to the Contractor by virtue of this contract, which is identified as proprietary or confidential information, will be safe guarded by the Contractor and shall not be disclosed to any individual or organization without the prior written approval of the STATE.

All information, data, or other material provided by the Offeror or the Contractor to the State shall be subject to the Uniform Information Practices Act, chapter 92F, HRS. The Offeror shall designate in writing to the Chief Engineer those portions of its unpriced offer or any subsequent submittal that are trade secrets or other proprietary data that the Offeror desires to remain confidential, subject to §3-122-58, HAR, in the case of an RFP, or §3-122-30, HAR, in the case of an IFB. The Offeror shall state in its written communication to the Procurement Officer, the reason(s) for designating the material as confidential, for example, trade secrets. The Offeror shall submit the material designated as confidential in such a manner that the material is readily separable from the offer in order to facilitate inspection of the non-confidential portion of the offer.

Price is not confidential and will not be withheld. In addition, in the case of an IFB, makes and models, Catalogue numbers of items offered, deliveries, and terms of payment shall be publicly available at the time of opening regardless of any designation to the contrary.

If a request is made to inspect the confidential material, the inspection shall be subject to written determination by the Office of the Attorney General in accordance with chapter 92F, HRS. If it is determined that the material designated as confidential is subject to disclosure, the material shall be open to public inspection, unless the Offeror protests under chapter 3-126, HAR. If the request to inspect the confidential material is denied, the decision may be appealed to the Office of Information Practices in accordance with §92F-15.5, HRS.

Nondiscrimination. No person performing work under this Agreement, including any subcontractor, employee, or agency of the Contractor, shall engage in any discrimination that is prohibited by any applicable federal, state, or county law.

The Agribusiness Development Corporation does not discriminate on the basis of race, color, sex, national origin, age, or disability, or any other class as protected under applicable federal or state law, in administration of its programs, or activities, and, the Agribusiness Development Corporation does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in actions protected, or oppose action prohibited, by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights.

If you have any questions about this notice or any of the Agribusiness Development Corporation’s non-discrimination programs, policies, or procedures, you may contact:

Mark H. Takemoto, Acting Non-Discrimination Coordinator Agribusiness Development Corporation 235 S. Beretania Street, Suite 205, Honolulu, HI 96813,

(808) 586-0186 hdoa.adc.titlevi@hawaii.gov mailto:hdoa.adc.titlevi@hawaii.gov

SPECIAL PROVISIONS SP-10 IFB-26-200-006

If you believe that you have been discriminated against with respect to an Agribusiness Development Corporation program or activity, you may contact the Non-Discrimination Coordinator identified above.

To request language or accessibility for this IFB, please contact the Agribusiness Development Corporation, at (808) 586-0186 or email: hdoa.adc@hawaii.gov. Please allow sufficient time for the Agribusiness Development Corporation to meet accommodation requests

Records Retention. The Contractor and any subcontractors shall maintain the books and records that relate to the Agreement and any cost or pricing data for three (3) years from the date of final payment under this Agreement.

[Remainder of page intentionally left blank] mailto:hdoa.adc@hawaii.gov