Instructions for Bid Submittal

General Instructions for Bid Submittal

The Bid Offer form must be completed and submitted to DHHL by the required due date and time, and in the form prescribed by DHHL. Electronic mail and facsimile transmissions shall not be accepted.

For your convenience, an “IFB Checklist for Bidders” is included in this section for your use.

No supplemental literature, brochures, or other unsolicited information should be included in the bid packet.

A written response is required for each item unless indicated otherwise.

Bid documents and all certifications should be written legibly or typed and completed with black ink.

I. PROPOSAL REQUIREMENTS AND CONDITIONS

A. QUALIFICATION OF BIDDERS.

Prospective Bidders must be capable of performing the work for which bids are invited and must be capable of entering into a public contract of $25,000 (twenty-five thousand dollars) or more.

B. NOTICE OF INTENTION TO BID

1. In accordance with Section 103D-310, Hawaii Revised Statutes (HRS), and Section

3-122-108, Hawaii Administrative Rules (HAR), a written Notice of Intention to Bid (hereinafter “Notice”) must be submitted to the Chairman of the Hawaiian Homes Commission (“Chairman”), who is the Department’s chief procurement officer. The Notice may be faxed, hand carried, mailed, or e-mailed to the office indicated in the Notice.

2. The written Notice must be received by DHHL no later than the date and time specified in the Notice to Bidders. The written Notice will be time stamped when received by DHHL. The time designated by the time stamping device in DHHL shall be official. If the written Notice is hand carried, then the bearer is responsible to ensure that the Notice is time stamped by DHHL. If the Notice is delivered through facsimile (fax) machine, the time of receipt by DHHL’s fax machine shall be official. If the Notice is sent by email, the time indicated in the date and time field of the email as received by DHHL shall be official.

3. It is the responsibility of the prospective Bidder to ensure that the written Notice is received in time and DHHL assumes no responsibility for failure of timely delivery caused by the prospective Bidder or by any method of conveyance chosen by the prospective Bidder. DHHL shall use best efforts to return a signed acknowledgement of receipt of Notice from Bidder(s).

4. If two (2) or more prospective Bidders desire to bid jointly as a joint venture on a single project, they must file an affidavit of joint venture with their Notice. Such affidavit of joint venture will be valid only for the specific project for which it is filed. No further license is required when all parties to the joint venture possess current and appropriate contractor’s licenses. Joint ventures are required to be licensed in accordance with Chapter 444, HRS, as amended, and the rules and regulations of the Contractor’s License Board when any party to the joint venture agreement does not hold a current or appropriate contractor's license. The joint venture must be registered with the office of the Director of Commerce and Consumer Affairs in accordance with Chapter 425, HRS, as amended.

5. No persons, firm or corporation may bid where (1) the person, firm, or corporation, or (2) a corporation owned substantially by the person, firm, or corporation, or (3) a substantial stockholder or an officer of the corporation, or (4) a partner or substantial investor in the firm is in arrears in any payment owed to the State of Hawaii or any of its political subdivisions or is in default of any obligation to the State of Hawaii or to all or to any of its political subdivisions, including default as a surety or failure to perform faithfully and diligently any previous contract with

DHHL.

C. STANDARD QUALIFICATION QUESTIONNAIRE FOR OFFERORS

1. Prospective Bidders shall submit answers to questions contained in the

STANDARD QUALIFICATION QUESTIONNAIRE FOR OFFERORS, SPO

Form-021 (hereinafter “Questionnaire”) properly executed and notarized, setting forth a complete statement of the experience of such prospective Bidder and its organization in performing similar work and a statement of the equipment proposed to be used, together with adequate proof of the availability of such equipment. The Questionnaire shall be submitted to the location on or prior to the date and time set forth in the Notice to Bidders. The Questionnaire will be time stamped when received by DHHL. The time designated by the time stamping device in DHHL shall be official. If the Questionnaire is hand carried, then the bearer is responsible to ensure that the notice is time stamped by DHHL. Email and fax machine transmissions are not acceptable in whole or in part. If the information in the Questionnaire proves satisfactory, the Bidder’s proposal will be received. All information contained in the answers to the Questionnaire shall be kept confidential. The Questionnaire will be returned to the Bidder after it has served its purpose. Prior Questionnaires submitted in response to other Notice to Bidders are not acceptable.

2. If upon review of the Questionnaire, or otherwise, the Bidder appears not fully qualified or able to perform the intended work, the HOPA shall, after affording the Bidder an opportunity to be heard and if still of the opinion that the Bidder is not fully qualified to perform the work, refuse to receive or to consider any bid offered by the prospective Bidder.

3. Failure to complete and submit the Questionnaire by the designated deadline will be cause for DHHL to disqualify a prospective Bidder.

D. PROPOSAL FORM

1. Prospective Bidders are being furnished with the Bid Offer Form (hereinafter

“Proposal”) giving the location, description, and the contract time of the work contemplated for which a Total Sum bid price is asked, containing a schedule of items, together with estimated quantities of work to be performed and materials to be furnished, for which unit bid prices and/or lump sum bid prices are asked.

2. All papers bound with or attached to the Proposal shall be considered a part thereof and shall not be detached or altered when the Proposal is submitted.

3. The drawings, specifications and other documents designated in the Proposal will also be considered a part thereof whether attached or not.

4. When quantities for individual items of work are listed in the Proposal for which respective unit prices are asked, said quantities are estimated or approximate and are to be used by DHHL only for the purpose of comparing on a uniform basis bids offered for the work. DHHL does not, expressly or by implication agree that the actual quantity of work will correspond therewith.

5. Earthwork quantities shown on plans are for permit purposes only and shall not be used by the contractor for bidding purposes. The contractor shall determine his own quantities for the work and base his bid accordingly.

6. On unit price bids, payment will be made only for the actual number of units incorporated into the finished project at the unit price bid, subject to DHHL Construction General Conditions (CGC), Section 4.7, VARIATIONS IN

ESTIMATED QUANTITIES.

7. The Bidder’s proposal must be submitted on the proposal form furnished by DHHL. The Bidder’s Offer/Bid must be prepared in full accordance with the instructions herein. The Bidder must state, both in words and numerals, the lump sum price or total sum bid at which the work contemplated is proposed to be done.

These prices must be written in ink or typed. In case of a discrepancy between the prices written in words and those written in figures, the words shall govern over the figures. The Bidder shall sign the Proposal in the spaces provided with ink.

8. If the Proposal is made by an individual, the person’s name and post office address must be shown in the space provided. If made by a partnership, the name and post office address of each member of the partnership must be shown and the Proposal signed by all partners or evidence in the form of a partnership agreement must be submitted showing the authority of the partner to enter, on behalf of said partnership, into contract with DHHL. If made by a corporation the Proposal must show the name, title and business address of the president, secretary and treasurer and also evidence in the form of a Corporate Resolution must be submitted showing the authority of the particular corporate representative to enter on behalf of said corporation into contract with DHHL. If made by a joint-venture the name and post office address of each member of the individual firm, partnership or corporation comprising the joint-venture must be shown with other pertinent information required of individuals, partnerships or corporations as the case may be. The Proposal must be signed by all parties to the joint-venture or evidence in the form of a Joint-Venture Agreement must be submitted showing the authority of the joint-venture’s representative to enter on behalf of said joint-venture into contract with DHHL. If made by a Limited Liability Corporation (LLC), the Proposal must identify all of its members and show the authority of its member to enter on behalf of said LLC.

9. Pursuant to the requirements of Section 103D-302, HRS, each Bidder shall include in its bid the name of each person or firm to be engaged by the Bidder on the project as joint contractor or subcontractor indicating also the nature and scope of work to be performed by such joint contractor and/or subcontractor and their respective contractor’s license number. A joint contractor or subcontractor performing less than or equal to one percent (1%) of the total bid amount is not required to be listed in the proposal. The Bidder shall be solely responsible for verifying that their joint contractor or subcontractor has the proper license at the time of the submitted bid.

10. It is understood and agreed that the Contractor shall make no claim for anticipated profit, loss of profit or unabsorbed field, branch or home office overhead and impact losses due to the exercise of DHHL’s right to eliminate entire portions of the work or to increase or decrease any or all the quantities shown in the proposal form.

11. By submitting an offer/bid on the Proposal, a Bidder accepts the language therein as its own.

E. BID SECURITY

1. Subject to the exceptions in Section 3-122-223(d), HAR, all lump sum bids of

$50,000 (fifty thousand dollars) and higher, or lump sum base bids including alternates of $50,000 (fifty thousand dollars) and higher, that are not accompanied by bid security are non-responsive. Bid security shall be one of the following:

a. Surety bid bond underwritten by a company licensed to issue bonds in this State; or

b. Legal Tender; or

c. Certificate of Deposit; credit union share certificate; or cashier’s, treasurer’s, teller’s or official check drawn by, or a certified check accepted by, and payable on demand to the State by a bank, a savings institution, or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. Company or personal checks are not considered “official checks” and will not be accepted.

(i) These instruments may be utilized only to a maximum of $100,000 (one hundred thousand dollars).

(ii) If the required security or bond amount totals over $100,000 (one hundred thousand dollars), more than one instrument not exceeding $100,000 (one hundred thousand dollars) each and issued by different financial institutions shall be accepted.

(iii) CAUTION - Bidders are cautioned that certificates of deposit or share certificates with an early withdrawal penalty must have a face value sufficient to cover the maximum penalty amount in addition to the proposal guaranty requirement. If the certificate is made out to two names, the certificate must be assigned unconditionally to the

DHHL.

2. Unless otherwise stated, the bid security shall be in an amount equal to at least five percent (5%) of the lump sum bid or lump sum base bid including all additive alternates or in an amount required by the terms of the federal funding, where applicable.

3. If the Bidder is a corporation, evidence in the form of a corporate resolution, authorizing the corporate representative to execute the bond must be submitted with the proposal. (See sample in Appendix.) If the Bidder is a partnership, all partners must sign the bond or evidence in the form of a partnership agreement must be submitted showing the authority of the partner.

4. If the Bidder is a joint-venture, all parties to the joint-venture must sign the bond;

provided, that one party to the joint-venture may sign on behalf of the joint-venture if evidence in the form of a joint-venture agreement or power of attorney, is submitted showing the authority of the signatory to sign the bond on behalf of the joint-venture.

5. In the case where the award will be made on a group or item basis, the amount of bid security shall be based on the total bid for all groups or items submitted.

6. Bidders are cautioned that surety bid bonds which place a limit in value to the difference between the bid amount and the next acceptable bid, such value not to exceed the purported amount of the bond, are not acceptable. Also, surety bid bonds which place a time limit on the right of the State to make claim other than allowed by statutes or the GENERAL CONDITIONS are not acceptable. Bidders are hereby notified that a surety bid bond containing such limitation(s) is not acceptable and a bid accompanied by such surety bid bond will be automatically rejected.

7. The Bid Security shall be scanned and uploaded to HIePRO along with the bid offer form. The winning bidder shall submit the original Bid Security to DHHL.

F. BIDDER’S RESPONSIBILITY FOR EXAMINATION OF CONTRACT

DOCUMENTS, SITE OF WORK, ETC.

The Bidder shall carefully examine the project site and study all Contract Documents (as defined in the DHHL Construction General Conditions) and any documents or items referenced therein and contract and bond forms, therefore. The submission of an Offer/Bid shall be considered as a warranty that the Bidder has made such examination and is informed of the conditions to be encountered in performing the Work and of the requirements of the Contract Documents and any documents and items referenced therein, and contract and bonds.

G. ADDENDA AND BID CLARIFICATIONS

1. The terms and requirements of the bid documents (i.e. drawings, specifications and other bid and contract documents) cannot be changed prior to the bid opening except by a duly issued Addendum.

2. DHHL may alter, increase, or decrease the scope of the work or the contract time, provisions and conditions by issuing a written addendum which sets forth such alterations, increase or decrease.

3. If a Bidder discovers what it considers to be a discrepancy, ambiguity, omission, or doubt as to the meaning of drawings, specifications and any other bid or contract documents, the Bidder shall request in writing an interpretation from the HOPA.

4. If DHHL agrees that a discrepancy, ambiguity, omission, or doubt exists, it shall issue a written addendum to the bid documents on the HANDS website no later than eight (8) days before the bids are opened. DHHL may extend the bid opening to allow at least eight (8) days from the notification date of the last issued Addendum. Upon issuance of Addenda by DHHL on the HANDS website, all Bidders shall be deemed to be on notice of the information therein whether or not the Addendum is actually received. Bidders are responsible to check the HANDS website for any Addenda issued. All addenda so issued shall become part of the contract documents.

5. No claim for additional compensation and/or time for performance will be allowed if the Bidder discovered, or in the exercise of reasonable care, should have discovered, a discrepancy, ambiguity, omission, or doubt for which an interpretation was not requested.

H. SUBSTITUTION OF MATERIALS AND EQUIPMENT BEFORE BID OPENING

1. Brand names of materials or equipment are specified or shown on the drawings to indicate a quality, style, appearance, or performance and not to limit competition.

The Bidder shall base its bid on one of the specified brand names unless alternate brands are qualified as equal or better in an addendum. Qualifications of such proposed alternate brands shall be submitted in writing and addressed to the Land Development Division Project Manager. The face of the envelope containing the request must be clearly marked “SUBSTITUTION REQUEST”. The request may be hand carried or mailed to DHHL, 91-5420 Kapolei Parkway, Kapolei, Hawaii, 96707. In either case, the written request must be received by DHHL no later than fourteen (14) days before the bid opening date and time specified in the Notice to Bidders. The written request will be time stamped by DHHL. For the purpose of this section, the time designated by the time stamping device in DHHL shall be official. If the written request is hand carried, the bearer is responsible to ensure that the request is time stamped by DHHL.

2. Submit three (3) sets of the written request, technical brochures, and a statement of variances.

3. A statement of variances must list all features of the proposed substitution which differ from the drawings, specifications and/or product(s) specified and must further certify that the substitution has no other variant features. The brochure and information submitted shall be clearly marked showing make, model, size, options, etc., and must include sufficient evidence to evaluate each feature listed as a variance. A request will be denied if submitted without sufficient evidence. If after installing the substituted product, an unlisted variance is discovered, Contractor shall immediately replace the product with a specified product at no cost to DHHL.

4. Any substitution request not complying with the above requirements will be denied.

Substitution requests sent to other agencies and received by the Land Development Division Project Manager after the deadline above will be denied.

5. An addendum shall be issued to inform all prospective Bidders of any accepted substitution.

I. DELIVERY OF PROPOSALS.

The entire proposal shall be uploaded and submitted through HIePRO as indicated in the Notice to Bidders. Proposals which do not comply with this requirement may not be considered. Proposals will be received up to the time fixed in the Notice to Bidders. The time designated by the HIePRO system shall be official.

J. WITHDRAWAL OR REVISION OF PROPOSAL. Proposal may be modified prior to the deadline to submit the proposal by any of the following documents:

1. Withdrawal of Proposals:

(a) A signed, written notice received in the office designated in the solicitation;

or

(b) A signed written notice faxed or e-mailed to the office designated in the solicitation.

2. Modification of Proposals:

(a) A signed written notice received in the office designated in the solicitation, accompanied by a duly executed certificate of resolution for corporations, partnerships and joint-ventures, stating that a modification to the proposal is submitted; and

(b) The actual modification sealed securely in a separate envelope or container, accompanying the written notice.

(c) The modification may be sent by fax or email, provided that the originals must be submitted within two working days of the fax or email.

K. PUBLIC OPENING OF PROPOSALS.

Offers made on HIePRO will be made public at the time indicated in the Notice to Bidders, and results shared through the HIePRO system. There will be no physical bid opening.

L. DISQUALIFICATION OF BIDDERS. Any one or more of the following causes will be considered as sufficient for the disqualification of a Bidder and the rejection of its proposal or proposals:

1. Non-compliance with Section I.A. QUALIFICATION OF BIDDERS;

2. Evidence of collusion among Bidders;

3. Lack of responsibility and cooperation as shown by past work such as failing to complete all of the requirements to close the project within a reasonable time or engaging in a pattern of unreasonable or frivolous claims for extra compensation;

4. Being in arrears on existing contracts with the State of Hawaii, or having defaulted on a previous contract with the State of Hawaii;

5. Lack of proper equipment and/or sufficient experience to perform the work contemplated, as revealed by the Standard Qualification Questionnaire and Financial Statement for Bidders;

6. No contractor’s license or a contractor’s license which does not cover type of work contemplated;

7. More than one proposal for the same work from an individual, firm, partnership, corporation, or joint venture under the same or different name;

8. Delivery of bids after the deadline specified in the advertisement calling for bids;

9. Failure to pay, or satisfactorily settle, all bills overdue for labor and materials of former contracts in force at the time of issuance of proposal forms; and/or

10. Debarment or suspension pursuant to the provisions of Chapters 103D, 104, and 444, HRS, as amended.

11. Any violation of Chapter 84, HRS.

M. PROTESTS

1. Protests shall be governed by Section 103D-701, HRS, and amended hereafter, and its implementing rules set forth in Title 3, Chapter 126, Subchapter 1, HAR, and as amended hereafter.

2. The Chairman is the DHHL’s Head of Procurement Agency (HOPA), to whom protests shall be addressed unless specified otherwise in the solicitation.

N. WRONGFUL REFUSAL TO ACCEPT A BID.

In the event the HOPA, or designee, for any reason, wrongfully refuses to accept what would otherwise be a responsive and responsible lowest bid, the exclusive remedy for such lowest Bidder shall be the recovery of the reasonable actual costs of preparing the bid. No other Bidder shall have any claim for damages.

II. AWARD AND EXECUTION OF CONTRACT

A. CONSIDERATION OF PROPOSALS; CANCELLATION.

After the proposals are opened and read, the figures will be extended and/or totaled in accordance with the bid prices of the acceptable proposals and the totals will be compared and the results of such comparison shall be made public.

In the event of a tie bid, the low Bidder shall be determined in accordance with §3-122-34, HAR.

In the comparison of bids, words written in the proposals will govern over figures and unit prices will govern over totals.

Until the award of the contract, DHHL may cancel the solicitation, reject any and all bids/proposals in whole or part, and may waive any defects or technicalities whenever such action is deemed to be in the best interest of DHHL.

B. IRREGULAR PROPOSALS.

Proposals will be considered irregular and may be rejected for the following reasons:

1. If the proposal is unsigned.

2. If bid security is not in accordance with Section I.E. BID SECURITY.

3. If proposal is on a form other than that furnished by DHHL; or if the form is altered or any part thereof detached.

4. If the proposal shows any non-compliance with applicable law, alteration of form, additions not called for, conditional bids, incomplete bids, non-initialed erasures, other defects, or if the prices are obviously unbalanced.

5. If the Bidder adds any provisions reserving the right to accept or reject an award.

6. If the Bidder adds any provisions reserving the right to enter into a contract pursuant to an award.

7. When a proposal is signed by an officer or officers of a corporation and a currently certified corporate resolution authorizing such signer(s) to submit such proposal is not submitted with the proposal or when the proposal is signed by an agent other than the officer or officers of a corporation or a member of a partnership and a power of attorney is not submitted with the proposal.

8. Where there is an incomplete or ambiguous listing of joint contractors and/or subcontractors the proposal may be rejected. All work which is not listed as being performed by joint contractors and/or subcontractors must be performed by the Bidder with its own employees. Additions to the list of joint contractors or subcontractors will not be allowed. Whenever there is a doubt as to the completeness of the list, the Bidder will be required to submit within five (5) working days, a written confirmation that the work in question will be performed with its own work force. Whenever there is more than one joint contractor and/or subcontractor listed for the same item of work, the Bidder will be required to either confirm in writing within five (5) working days that all joint contractors or subcontractors listed will actually be engaged on the project or obtain within five

(5) working days written releases from those joint contractors and/or subcontractors who will not be engaged.

9. If in the opinion of the HOPA, the Bidder and/or its listed subcontractors do not have the contractor’s licenses or combination of contractor’s licenses necessary to complete all of the work.

C. CORRECTION OF BIDS AND WITHDRAWAL OF BIDS (§3-122-31, HAR)

1. Corrections to bids after bid openings but prior to award may be made under the following conditions:

(a) If the mistake is attributable to an arithmetical error, the HOPA shall so correct the mistake. In case of error in extension of bid price, the unit price shall govern.

(b) If the mistake is a minor informality which shall not affect price, quantity, quality, delivery, or contractual conditions, the Bidder shall request correction by submitting proof of evidentiary value which demonstrates that a mistake was made. The HOPA shall prepare a written approval or denial in response to this request. Examples of such mistakes include:

(1) Typographical errors;

(2) Transposition errors;

(3) Failure of a Bidder to sign the bid, but only if the unsigned bid is accompanied by other material indicating the Bidder’s intent to be bound.

(c) For reasons not allowable under Subsections II.C.1.(a) and II.C.1.(b) when the HOPA determines that the correction or waiver of an obvious mistake is in the best interest of DHHL or is warranted for the fair treatment of other Bidders.

2. Withdrawal of bids after bid opening but prior to award may be made when the bid contains a mistake attributable to an obvious error which affects price, quantity, quality, delivery, or contractual conditions, and the Bidder requests withdrawal by submitting proof of evidentiary value which demonstrates that a mistake was made.

The HOPA shall prepare a written approval or denial in response to this request.

3. Correction or withdrawal of bids after award is not permissible except in response to a written withdrawal or correction request by the Contractor, and the HOPA makes a written determination that DHHL’s procurement practices and policies would not be materially affected by such correction or withdrawal.

D. AWARD OF CONTRACT

1. The award of contract, if it be awarded, will be made within one hundred twenty

(120) consecutive calendar days after the opening of the proposals to the lowest responsible and responsive Bidder (including the alternate or alternates which may be selected by the HOPA in the case of alternate bids) whose proposal complies with all the requirements prescribed, but in no case will an award be made until all necessary investigations are made. The successful Bidder will be notified, by letter mailed to the address shown on the proposal, that its bid has been accepted and that it has been awarded the contract.

2. If the contract is not awarded within the one hundred twenty (120) days noted in Subsection II.D.1 above, DHHL may request the successful Bidder to extend the time for the acceptance of its bid. The Bidder may reject such a request without penalty; in such case, DHHL may at its sole discretion make a similar offer to the next lowest responsive and responsible Bidder and so on until a bid is duly accepted or until the DHHL elects to stop making such requests.

3. No contract will be awarded to any person or firm suspended or debarred under the provisions of Chapters 103D, 104 and Chapter 444, HRS, as amended.

4. The contract will be drawn on the forms furnished by the HOPA. The contract will not be binding on DHHL until all required signatures have been affixed thereto and written certification that funds are available for the work has been made.

5. Prior to award of the contract, DHHL shall verify compliance with Sections 103D- 310 and 103D-328, HRS via Hawaii Compliance Express (“HCE”). Firms who decline to participate in HCE shall submit paper certificates in a timely manner, as prescribed by the HOPA, or its designee, or risk determination that the bid is non-responsive.

E. CANCELLATION OF AWARD.

After procurement posting of award of contract, DHHL reserves the right to cancel the award of any contract at any time before the execution of said contract by all parties. The exclusive remedy to the awardee for such cancellation shall be payment of the reasonable bid preparation costs and the reimbursement of any direct expenses incurred as directed in the Notice of Award. Such cancellation will not incur any liability by DHHL to any other Bidder.

F. RETURN OF BID SECURITY.

Bid securities shall be scanned and uploaded with offer to HIePRO. The four (4) lowest Bidders shall mail in their bid security, following the opening and checking of the proposals. The retained bid securities of the four lowest Bidders will be returned within five (5) working days following the complete execution of the contract.

G. REQUIREMENT OF PERFORMANCE AND PAYMENT BONDS

1. Performance bond and Payment Bond shall be required for contracts $50,000 (fifty thousand dollars) and higher. At the time of the execution of the contract, the successful Bidder shall file good and sufficient performance bond and payment bond on the form furnished by DHHL, each in an amount equal to one hundred percent (100%) of the amount of the contract price unless otherwise stated in the solicitation of bids. Bidders may use its own form, which complies with similar content in DHHL’s bond forms.

Acceptable performance and payment bonds shall be limited to the following:

(a) Surety bonds underwritten by a company licensed to issue bonds in this State; or

(b) A certificate of deposit; credit union share certificate; or cashier’s, treasurer’s, teller’s or official check drawn by, or a certified check accepted by, and payable on demand to DHHL by a bank, a savings institution, or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

(1) These instruments may be utilized only a maximum of $100,000 (one hundred thousand dollars).

(2) If the required security or bond amount totals over $100,000 (one hundred thousand dollars), more than one instrument not exceeding $100,000 (one hundred thousand dollars) each and issued by different financial institutions shall be acceptable.

(3) A company check, or a personal check is not acceptable as a teller’s check and not considered an official check.

2. If the Contractor fails to deliver the required performance and payment bonds, the

Contractor's award shall be canceled; DHHL shall have the remedies provided below under Section II.,I, FAILURE TO EXECUTE THE CONTRACT and award of the contract shall be made to the next lowest responsible and responsive Bidder.

H. EXECUTION OF THE CONTRACT

1. The contract shall be signed by the successful Bidder and returned, together with satisfactory performance and payment bonds, within ten (10) calendar days after the Bidder is awarded the contract for execution or within such further time as the

HOPA may allow. No proposal or contract shall be considered binding upon the DHHL until the contract has been fully and properly executed by all parties thereto.

For projects funded with State Capital Improvement Project (CIP) funds, the HOPA shall also endorse thereon its certificate, as required by Section 103D-309, HRS, that there is an available unexpended appropriation or balance of an appropriation over and above all outstanding contracts sufficient to cover DHHL’s amount required by such contract.

2. On any individual award totaling less than $50,000 (fifty thousand dollars), the DHHL reserves the right to execute the contract by the issuance of a Purchase Order. Issuance of a Purchase Order shall result in a binding contract between the parties without further action by DHHL. The issuance of a Purchase Order shall not be deemed a waiver of the General Conditions, and Contract Document requirements.

I. FAILURE TO EXECUTE THE CONTRACT

1. Before the Award. If a low Bidder without legal justification withdraws its bid after the opening of bids but before the award of the contract, DHHL shall be entitled to retain as damages the amount established as bid security, and may take all appropriate actions to recover the damages sum from the property or third-party obligations deposited as bid security.

2. After the Award. If the Bidder to which a contract is awarded shall fail or neglect to enter into the contract and to furnish satisfactory security within ten (10) calendar days after such award or within such further time as the HOPA may allow, DHHL shall be entitled to recover from such Bidder its actual damages, including but not limited to the difference between the bid and the next lowest responsive bid, as well as personnel and administrative costs, consulting and legal fees and other expenses incurred in arranging a contract with the next low responsible and responsive Bidder or calling for new bids. DHHL may apply all or part of the amount of the bid security to reduce its damages. If upon determination by DHHL that the bid security exceeds the amount of its damages, it shall release or return the excess to the Bidder who provided same.

3. HOPA’s Options. Upon a withdrawal of the lowest responsive bid, or upon a refusal or failure of the lowest Bidder to execute the contract, the Chairman may thereupon award the contract to the next lowest responsible and responsive Bidder or may call for new bids, whichever method the HOPA may deem to be in the best interests of DHHL.

J. PRE-CONSTRUCTION CONFERENCE

A pre-construction conference will be conducted prior to the issuance of a Notice to Proceed.

IFB Schedule for Bidders

IFB-26- HHL-009

East Hawaii Hilo District Office Improvements

DATE OR DEADLINE REQUIRED DESCRIPTION

May 19, 2026

Pre-Bid Conference will be held at 9:00 A.M HST

Location: The DHHL District Office at 162 Baker Ave, Hilo, Island of Hawaii 96720

May 22, 2026

May 28, 2026

No Written Questions (if any) Due on HIePRO not later than 4:00 P.M HST

Responses to Questions DHHL will post responses to the questions no later than 4:00

P.M. HST

June 1, 2026 Yes Notice of Intention to Bid due by 2:00 P.M. HST

May be delivered to 91-5420 Kapolei Parkway, Kapolei, Hawaii 96707 May be faxed to 808-730-0198 May be emailed to: joshua.k.takano@hawaii.gov

June 1, 2026 Yes Standard Qualification Questionnaire (SQQO) SPO Form 21 – Due no later than 3:30 P.M. HST Must be delivered to 91-5420 Kapolei Parkway, Kapolei, Hawaii 96707

Completed Questionnaires must be submitted as an original hard copy with wet signatures. Questionnaires that are submitted via facsimile or E-mail will not be accepted.

June 12, 2026

Yes Bid Offer Due (no later than) Due on HIePRO not later than 2:00 P.M. HST

*The Bid Offer Form must be uploaded and included as an attachment with your bid on HIePRO. Failure to attach the Bid Offer Form with your bid on HIePRO may be grounds for rejection of your bid.

June 12, 2026 Yes Bid Security Due on HIePRO not later than 2:00 P.M. HST

Bid securities must be scanned and uploaded with offer on HIePRO. Bidders who fail to attach the scanned Bid Security will be considered non-responsive.

East Hawaii Hilo District Office Improvement Bid Offer Form IFB-26-HHL-009 1 May 2026

STATE OF HAWAII

DEPARTMENT OF HAWAIIAN HOME LANDS

BID OFFER FORM FOR

EAST HAWAII HILO DISTRICT OFFICE IMPROVEMENTS

HILO, ISLAND OF HAWAI’I, HAWAIʻI

TAX MAP KEY: (3) 2-1-023:157 & 158

IFB NO.: IFB-26-HHL-009

Chairperson Hawaiian Homes Commission Department of Hawaiian Home Lands 91-5420 Kapolei Parkway Kapolei, Hawaii 96707

The undersigned has carefully examined, read, and understands the terms and conditions in the Plans and Specifications, Special Conditions attached hereto, DHHL Construction General Conditions, and General Conditions specified in the Invitation for Bids (IFB) No. IFB-26-HHL-009. The State of Hawaii’s (State) Contract for Goods and Services Based on Competitive Sealed Bids AG-003 Rev. 6/22/2009, AG-008 103D General Conditions and DHHL Construction General Conditions are included by reference and made part hereof and available upon written request to the Procurement Officer. The undersigned hereby submits the following offer to perform the work for IFB No. IFB-26-HHL-009 as specified herein, all in accordance with the true intent and meaning thereof.

The undersigned understands and agrees that:

1. The State reserves the right to reject any and all offers and to waive any items that are defective when, in the State’s opinion, such rejection or waiver will be in the best interest of the State. A solicitation may be rejected in whole or part when in the best interest of the State.

2. If awarded the contract, all services will be in accordance with Hawaii Revised Statutes (HRS) § 103-55.5.

3. In submitting this offer, the Offeror is not in violation of HRS Chapter 84, concerning prohibited State contracts.

4. By submitting this offer, the Offeror certifies that the offer was independently arrived at without collusion and the Offeror did not participate in any practices to restrict competition.

5. It is understood that the failure to receive any addendum shall not relieve the Offeror from any obligation under this IFB.

Date:

The undersigned represents that it is: (Check one only)

IFB-26-HHL-009 2 May 2026

□ 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, is or shall be registered at the State of Hawaii Department of Commerce and Consumer Affairs Business Registration Division (DCCA-BREG) to do business in the State of Hawaii.

State of incorporation:

Offeror is:

□ Sole Proprietor □ Partnership □ Corporation □ Joint Venture □ Other:

Federal ID No.:

Hawaii General Excise Tax ID No.:

Telephone No.:

Fax No.:

E-Mail Address:

Payment address (other than street address below)

(Street Address, City, State, Zip Code)

Business address

(Street Address, City, State, Zip Code)

Respectfully submitted:

Authorized (Original) Signature

Name and Title (Please Type or Print)

Exact Legal Name of Company (Offeror)

*If Offeror shown above is a "dba" or a "division" of a corporation, furnish the exact legal name of the corporation under which the awarded contract will be executed.

The following bid is hereby submitted for Nanakuli Flood Channel Outlet Repair, Nanakuli, Island of Oahu, Hawaii, for the Department of Hawaiian Home Lands.:

IFB-26-HHL-009 3 May 2026

Item No.

Estimated Quantity

Un its Description Unit Price Total

BASE BID

1 . 1

LS MOBILIZATION AND

DEMOBILIZATION (including but not limited to the preparatory work and operations necessary for the supply and installation of project signs, movement of equipment, materials, manpower, and incidentals to the project, demobilization and not to exceed 6% of the total bid sum less allowances and force account)

LS $_______ $__________

2 . 1 LS INSTALL GOOD HOUSEKEEPING

TEMPORARY BMPs. (including but not limited to the work as stated in the Notes and Details on the contract plan and providing ESCP coordinator for the project).

LS $_________ $__________

CIVIL:

3 . 1 LS

REPLACE EXISTING WATER

LINE & BACKFLOW PREVENTOR

/LS $____ $______

4 . 1 LS NEW WATER USAGE SUB

METERS FOR ALL THREE

ENTITIES

/LS

5 . 1 LS

PROVIDE A CLOSED SYSTEM TO

CONNECT RAIN GUTTER DOWN

SPOUTS & DISCARGE INTO THE

DRY WELLS

/LS $____ $______

6 . 1 LS RESURFACE PARKING LOT,

PROVIDE ADA STALLS

/LS $ $

7 . 1 LS SNAKE LINES FOR ENTIRE SITE

& PROVIDE SEWER LINE

CONDITION REPORT

IFB-26-HHL-009 4 May 2026

Item No.

Estimated Quantity

Un

8 . 1 LS

PROVIDE CCTV TO GARAGE

AREA

/LS $____ $______

OHA BUILDING:

9 . 1 LS REPLACE CARPET WITH VCT

/LS $_______ $__________

10 . 1 LS

REPLACE PLUMING FIXTURES

/LS $____ $______

11 . 1 LS REPLACE HVAC SYSTEMS

12 . 1 LS

REPAIR TELCOM CLOSET DOORS

13 . 1 LS REPLACE/ADD INSTANT HOT

WATER HEATER

/LS

14 . 1 LS REPLACE EXTERIOR DOORS

/LS $ $

DHHL BUILDING:

15 . 1 LS REMOVE PARTITIONS &

COLUMNS IN CONFERENCE

ROOM AREA

16 . 1 LS

REPLACE ALL LIGHT FIXTURES

WITH LED

/LS $____ $______

17 . 1 LS UPGRADE KITCHEN CABINETS,

SINK & APPLIANCES

18 . 1 LS

REPLACE EXISTING ELECTRIC

WATER HEATER WITH NEW

INSTANT WATER HEATER IN

KITCHEN & GARAGE

/LS $____ $______

19 . 1 LS UPGRADE MEN’S & WOMEN’S

RESTROOM TO BE ADA

COMPLIANT

20 . 1 LS ADDRESS ROOF LEAKS

/LS $____ $______

21 . 1 LS PAINT ALL INTERIOR SPACES

/LS $_______ $__________

IFB-26-HHL-009 5 May 2026

Item No.

Estimated Quantity

Un

22 . 1 LS

MOVE LIGHTS SWITCH NEAR

ENTRANCE DOORS

/LS $____ $______

23 . 1 LS POWER WASH AND PAINT,

EXTERIOR DHHL OFFICE

BUILDING ONLY

24 . 1 LS

ADD GUARDS TO WINDOWS

25 . 1 LS PROVIDE COVERS FOR SPLIT A/C

UNITS SERVICING DHHL OFFICE

BUILDING

26 . 1 LS

REMOVE EXISTING WALL

MOUNTED SHELVES IN GARAGE

/LS $____ $______

27 . 1 LS EVALUATE & REPLACE A/C

SYSTEM

28 . 1 LS

CHANGE ENTRANCE GATE

HEIGHT TO 6’-0”

/LS $____ $______

29 . 1 LS CHANGE CHAIN LINK FENCE

HEIGHT TO 6’-0” ONLY AROUND

THE PERIMETER OF DHHL SIDE

OF THE COMPOUND

30 . 1 LS

ENCLOSE SPACE BETWEEN

DHHL & THE MAINTENANCE

SHED

/LS $____ $______

31 . 1 LS MOVE EXISTING ANTENNA TO

NORTHEAST OF MAINTENANCE

BUILDING

32 . 1 LS

ADD CELL PHONE AMPLIFIER IN

DHHL OFFICE

33 . 1 LS

TEST AND REPLACE DAMAGED

RECEPTICLES

IFB-26-HHL-009 6 May 2026

Item No.

Estimated Quantity

Un its Description Unit Price Total

34 . ALLOWANCES

$100,000.00 $100,000.00

TOTAL SUM BID (ITEMS 1-34)

TOTAL SUM BID =

Dollars ($ ).

The prices herein for the above items shall include all materials, labor, tools, equipment, machinery and all incidentals necessary, inclusive of general excise tax to install or to construct these items in place complete and in accordance with the plans and specifications contained in this IFB.

IFB-26-HHL-009 7 May 2026

APPRENTICESHIP AGREEMENT PREFERENCE

Hawaii Revised Statutes §103-55.6 (ACT 17, SLH 2009) provides for a Hawai’i Apprenticeship Preference for public works contracts having an estimated value of $250,000.00 or more. The preference shall be in the form of a 5% bid adjustment applied to the bidder’s amount for bidders that are parties to apprenticeship agreements. The estimated value of this public works contract is $250,000.00 or more and the apprenticeship agreement preference shall apply.

To be eligible for the preference, the bidder shall:

1. Be a party to an apprenticeship agreement registered with the DLIR at the time the bid is made for each apprenticeable trade the bidder will employ to construct the public works project for which the bid is being made.

a. The apprenticeship agreement shall be registered and conform to the requirements of HRS Chapter 372.

b. Subcontractors do not have to be a party to an apprenticeship agreement for the bidder to obtain the preference.

c. The bidder is not required to have apprentices in its employ at the time the bid is submitted to qualify for the preference.

d. If a bidder’s employee is multi-skilled and able to perform work in more than one trade (for example, a project requires a carpenter and a laborer, and the employee is a carpenter, but is also able to perform the work of a laborer), the bidder need only be a party to the carpenter’s apprenticeship agreement and does not need to be a party to the laborer’s apprenticeship agreement in order to qualify for the preference. The bidder is not “employing” a laborer, only a carpenter, and so only needs to be a party to the carpenter’s apprenticeship agreement.

e. Qualification for the preference is given on a project-by-project basis and depends upon the specific offer for a specific project. A bidder’s employees may vary from project to project and may qualify for the preference on one project but may not qualify on another project. For example, on one project, if the bidder only employs carpenters to perform work in the carpentry and labor trades, then the bidder only needs to be a party to the carpenter’s apprenticeship agreement in order to qualify for the preference. However, on another project if the same bidder employs both carpenters and laborers, then the bidder will not qualify for the preference if the bidder is only a party to the carpenter’s apprenticeship agreement and not the laborer’s apprenticeship agreement.

2. State the trades the bidder will employ to perform the work;

3. For each trade to be employed to perform the work, the bidder shall submit a completed signed original CERTIFICATION OF BIDDER’S PARTICIPATION IN APPROVED APPRENTICESHIP PROGRAM UNDER ACT 17 (Certification Form 1) verifying the

IFB-26-HHL-009 8 May 2026 participation in an apprenticeship program registered with the State Department of Labor and Industrial Relations (DLIR);

4. The Certification Form 1 shall be authorized by an apprenticeship sponsor of the DLIR list of registered apprenticeship programs. The authorization shall be an original signature by an authorized official of the apprenticeship sponsor; and

5. The completed Certification Form 1 for each trade must be submitted by the bidder with the offer. A facsimile or copy is acceptable to be submitted with the offer; however, the completed signed original must be submitted within five (5) working days of the due date of the offer. If the signed original is not received within this timeframe, the preference may be denied. Previous certifications shall not apply.

Failure to comply with ALL of the conditions noted above, without exception, shall disqualify the Bidder from qualifying for, and thus receiving, benefit of the Hawai‘i Apprenticeship Preference.

The Certification Form 1 and the List of Construction Trades in Registered Apprenticeship Programs is available on the DLIR website at: http://labor.hawaii.gov/wdd/.

Upon receiving Certification Form 1, the DHHL will verify with DLIR that the apprenticeship program is on the list of apprenticeship programs registered with the DLIR. If the program(s) are not confirmed by the DLIR, the bidder will not qualify for the preference.

If the bidder is certified to participate in an apprenticeship program for each trade which will be employed by the bidder for the project, a preference will be applied to decrease the bidder’s total bid amount by five per cent (5%) for evaluation purposes.

Should the bidder qualify for other preferences (for example, Hawaii Products Preference), all applicable preferences shall be applied to the bid amount.

While preference for Hawai‘i Apprenticeship will be taken into consideration to determine the low bidder, the contract awarded shall be the original bid amount, exclusive of any preferences. The preference is only for evaluation purposes.

The bidder hereby certifies that it will employ the following apprenticeable trades to perform the work for this project:

IFB-26-HHL-009 9 May 2026

LIST OF APPRENTICEABLE TRADES TO BE EMPLOYED

TRADE APPRENTICESHIP PROGRAM SPONSOR

(Add additional sheets if necessary)

IFB-26-HHL-009 10 May 2026

ALL JOINT CONTRACTORS OR SUBCONTRACTORS TO BE ENGAGED ON THIS

PROJECT

The Bidder certifies that the following is a complete listing of all joint Contractors or Subcontractors covered under Chapter 444, Hawaii Revised Statutes, who will be engaged by the Bidder on this project to perform the nature and scope of work indicated pursuant to Section 103D- 302, Hawaii Revised Statutes, and understands that failure to comply with this requirement shall be just cause for rejection of the bid.

The Bidder further understands that only those joint Contractors or Subcontractors listed shall be allowed to perform work on this project and that all other work necessary shall be performed by the Bidder with his own employees. If no joint Contractor or Subcontractor is listed, it shall be construed that all of the work shall be performed by the Bidder with his own employees.

The Bidders must be sure that they possess and that the Subcontractors listed in the bid possess all the necessary licenses needed to perform the work for this project. The bidder shall be solely responsible for assuring that all the specialty licenses required to perform the work are covered in his bid.

The Bidder shall include the license number of the joint Contractors or Subcontractors listed below. Failure to provide the correct names and license numbers as registered with the Contractor’s Licensing Board may cause rejection of the bid submitted.

Complete Firm Name of Joint Contractor or Subcontractor

License Number

Hawaii Tax ID Number

Nature and Scope of Work to be Performed

IFB-26-HHL-009 11 May 2026

METHOD OF AWARD

Bidder is required to bid on the entire project. The low bidder shall be determined by the procedures outlined in items 1) through 4) below:

1) Prior to opening of bids, the State will determine the amount of funds available for the project. This amount will be designated the "control amount". The control amount shall be announced at, and prior to the opening of bids.

2) The Base Bid and Alternate, if any, of each Bidder will be adjusted to reflect the applicable preferences in accordance with Chapter 103D, HRS. The Alternate, if any, will then be added to the Base Bid and compared with the control amount.

3) The low bidder shall be the Bidder having the lowest aggregate amount, within the control amount (after application of the various preferences), for the Base Bid plus the Alternate, if any.

4) If adding the Alternate, if any, would make the aggregate amount exceed the control amount for all Bidders, the low bidder shall be the Bidder having the lowest Base Bid after application of the various preferences.

It is further understood and agreed that:

1) The Chairman reserves the right to reject any and/or all bids and waive any defects when, in his opinion, such rejection or waiver will be in the best interest of the State.

2) After determining the low bidder, an award may be made either…