IFB 2026-05 (HIePRO B26002724) Holomua Publication, Design & Printing Services, Multi-Year Rel Date: 7/31/2026 1

Release date:

7/31/2026

Governance:

Employees’ Retirement System of the State of Hawaii

State of Hawaii eProcurement, (HIePRO IFB # B26002724)

Invitation for Bid (IFB) IFB 2026-05 for

Holomua Publication Design & Printing Services, Multi-Year Term

This solicitation is issued under the provisions of Hawaii Administrative Rules (HAR) 3-122-46 and Hawaii Revised Statutes (HRS) Chapters 88 & 103D and its administrative rules thereof All offerors are charged with presumptive knowledge of all requirements of the cited authorities. Submission of a valid executed proposal by any prospective offeror shall constitute admission of such knowledge on the part of such prospective offeror.

eProcurement:

This is an electronic solicitation. Offered through State of Hawaii eProcurement (hiepro.ehawaii.gov) website. All offers are to be received in before IFB closing date and time, in order to be considered by the State, no hardcopies will be considered.

Compliance:

Offerors are to be duly registered to do business in the State of Hawaii via DCCA registration, (cca.hawaii.gov/resources) and to be compliant in Hawaii Compliance Express (HCE), (vendors.ehawaii.gov/hce) by the date and time of this IFB closure, in order to be considered.

- It is preferred that all electronic information technology developed or provided under this contract or procurement shall comply with the applicable requirements of the Hawaii Electronic Information Technology Disability Access Standards (Access Standards).

Communication:

The State's Point of Contact for this IFB is (Ms.) Gerri Konishi, at geraldine.konishi@hawaii.gov. & cc: to dbf.ers.procure@hawaii.gov and (Mr.) Larry Wolfe at larry.wolfe@hawaii.gov. Any modification to this specification shall be made by a written amendment to this IFB in HiePRO.

Kalbert K. Young, Procurement Officer and Executive Director mailto:geraldine.konishi@hawaii.gov mailto:dbf.ers.procure@hawaii.gov mailto:larry.wolfe@hawaii.gov

Design & Printing Services, Multi-Year Rel Date: 7/31/2026

ADMINISTRATIVE OVERVIEW

INTRODUCTION:

The Department of Budget and Finance (B&F) Employees’ Retirement System (ERS) of the State of Hawaii (ERS) administers a defined public pension benefit retirement plan for the State and county government employees of the State of Hawaii.

ERS provides retirement, disability and death benefits for its members. ERS is a qualified defined benefit public pension plan under Section 401(a) of the Internal Revenue Code. Administration of the ERS falls under the policy and executive direction of the Board of Trustees with certain areas of administrative control vested in the state Department of Budget and Finance.

The ERS is seeking proposals from qualified Offerors for a firm and fixed price quote to provide Publication Design & Printing Services for the Quarterly Publication of its Holomua Newsletter (excluding postage costs) for three (3) year term, and ERS has an option to offer awardee 2 optional (1) year contract term extensions (that ERS will notifie Contractor within 3 months of the ending of the existing term, if the option term is being elected).

Procurement will be awarded based on the price for the BASE CONTRACT TERM three (3) year term. Offerors are required to enter a price for all lines.

This solicitation is for a multi-term contract. The multi-term contract will be cancelled only if funds are not appropriated or otherwise made available to support continuation of performance in any fiscal period succeeding the first; however, this does not affect the State's rights or the contractor's rights under any termination clause of the contract. The head of the purchasing agency must notify the contractor on a timely basis that the funds are, or are not, available for the continuation of the contract for each succeeding fiscal period. Offerors must submit prices for the entire time of performance only. In the event of cancellation, the contractor will be reimbursed unamortized reasonably incurred nonrecurring costs, if applicable.

Design & Printing Services, Multi-Year Rel Date: 7/31/2026

IFB PROCUREMENT TIMETABLE and SIGNIFICANT DATES:

The schedule below represents the State’s best estimate of the timeline that will be followed for this procurement. All times indicated are 4:30 PM Hawaii Standard Time (HST). If a component of this schedule is delayed, the rest of the schedule may be adjusted by the same number of days. Any schedule deviations to the Procurement Timetable will be posted by an addendum to this solicitation and published therein in HIePRO.

PROCUREMENT TIMETABLE:

Release of IFB 7/31/2026 Vendors due date to Submit Questions via HIePRO 8/5/2026 ERS’s Response to Questions 8/7/2026 Proposals Due date/time 8/10/2026 Proposal Evaluations 8/11/2026-8/13/2026 Notice of Award 8/14/2026 Contract Start Date 8/17/2026

Design & Printing Services, Multi- Year Rel Date: 7/31/2026

SCOPE OF WORK

Holomua Publication Design & Printing Services

The Employee' Retirement System (ERS) of the State of Hawaii is soliciting services from qualified offerors for the preparation and production of the Holomua quarterly newsletter for three (3) year term, and the ERS has an option to offer awardee 2 optional (1) year contract term extensions.

This specification requires the following of the Offeror's, but not limited to:

• Awardee to develop and manage the creation of the graphics, editing page content, copywriting, layout/design, Photoshop production, final art file to the printer. Provide a PDF for each of the publications to ERS prior to print.

• It is preferred that all electronic information technology developed or provided under this contract or procurement shall comply with the applicable requirements of the Hawaii Electronic Information Technology Disability Access Standards (Access Standards).

• Printing and distribution of the final publication.

• The production paper stock must be at a minimum of 70 lbs. (please confirm with ERS prior to final paper stock selection), samples are available at the ERS offices, City Financial Tower, 201 Merchant St, Suite 1400, Honolulu, HI 96813, coordinate with Program Specialist James Greubel at 808-586-1863.

Editing/Copywriting

A. Collaborate with ERS staff to receive and refine magazine content and graphics including:

1. Basic requirements: Ensure camera/print‐ready copy, has been created and approved by the Vendor's Quality Assurance Review team, prior to submitting to ERS for evaluation, to include but not limited to:

• Grammar.

• Spelling (including proper abbreviations, acronyms, capitalization, use of numbering and numerals, etc.).

• Punctuation (including hyphenation, quotations, parentheticals, footnotes, etc.)

• Layout, design – flexibility to newsletter content.

• Photographs may be added as requested or suggested by offeror.

• Website PDF must be clear, readable and accessible.

• Recurring layout items to be accurate and consistent throughout all issues.

Design & Printing Services, Multi- Year Rel Date: 7/31/2026

B. Advanced Requirements

1. Review style based on article subject matter.

• Assess and review content.

• Structure and organization.

• Relevance to audience.

• Clarity.

• Basic background research, fact-checking for sense, possible misinterpretations.

• Check for inconsistencies, discrepancies.

• Correctness of language (unbiased, gender-neutral, cultural sensitivity, etc.).

• Suggestions, comments, re-writes.

2. Relevance and clarity of tables, charts and references.

3. Offeror may be requested to draft articles on various topics suggested by the ERS

4. Quarterly publications are typically eight pages in length; however, should a newsletter issue require 12 pages, offeror will be required to add additional pages to the publication.

See additional cost item on Offer Form, OF-2.

5. Publication of a one- to two-page Special Emergency edition if/as required. The special emergency edition will include the standard processes of the quarterly publication.

Including Photoshop, layout, editing, etc. The number of pieces to be printed and mailed may vary depending on the purpose and target audience of the publication. Awardee to utilize ERS bulk mail rate permit for domestic mailings and for international mailings, awardee shall pay for mailings and ERS will reimburse.

Design & Printing Services, Multi- Year Rel Date: 7/31/2026

Coordinating Print Production:

Prepare publications schedule of twelve issues based on tentative mailing dates of:

• Base Year 1

• September 30, 2026

• December 31, 2026

• March 31, 2027

• June 30, 2027

• Base Year 2

• September 30, 2027

• December 31, 2027

• March 31, 2028

• June 30, 2028

• Base Year 3

• Setember 30, 2028

• December 31, 2028

• March 31, 2029

• June 30, 2029

• Option Year 1

• September 30, 2029

• December 31, 2029

• March 31, 2030

• June 30, 2030

• Option Year 2

• September 30, 2030

• December 31, 2030

• March 31, 2031

• June 30, 2031

A. Awardee to provide hard copy proofs and PDF proofs to be sent to ERS for review and approval prior to printing.

B. Editing corrections to be completed accurately on first check pass.

Design & Printing Services, Multi- Year Rel Date: 7/31/2026

Printing and Distribution

A. Awardee shall same day communicate notification of any delays and difficulties with printing/mailing schedule to the program specialist at james.greubel@hawaii.gov & cc to: dbf.ers.admin.programspecialist@hawaii.gov.

B. Awardee to provide timely delivery of PDF for website copy and hard copies for distribution based on publication schedule.

C. Awardee to provide a notification of postal mail out date.

D. Awardee shall distribute mailing based on domestic postage rates (ERS paid permit with bulk mail rates) and international postage rates (postage paid by offeror for reimbursement).

Awardee to be provided a count and mailing list prior to printing. If required and will be provided a count and mailing list of special emergency publication for printing and distribution. Bulk mailing indicia may be printed on the additional flat copies. ERS shall provide a unique identifier that is applicable to each person receiving the publication as part of the address file. This unique identifier is to be printed on every address label of person receiving the publication as part of the address file. This unique identifier is to be printed on every address label.

E. The estimated numbers of hard copies per quarter are: 68,000 (67,500 folded to be mailed domestic and international and 500 flat to be delivered to ERS). Awardee to be provided a count of additional flat copies to be delivered to ERS. Awardee shall use ERS bulk mailing permit for domestic mailing and shall reimburse awardee for international postage costs.

F. Hard copy size: Flat 8.5 x 11 inches, Folded 8.5 x 5.5 inches.

G. Awardee to provide ERS with a mailing vendor’s or subcontractor’s process of address verification validation, address updates and return mail procedures. Mailing vendor or subcontractor to provide ERS with an updated mailing address file, including returned mail.

mailto:bart.asato@hawaii.gov mailto:dbf.ers.admin.programspecialist@hawaii.gov

Design & Printing Services, Multi- Year Rel Date7/31/2026

TEMPLATES

At each publication set completion, all electronic data used in the publication, (i.e., ERS logo) narrative, templates, artwork and shall be the property of Employees’ Retirement System and provided to ERS on an external storage device (USB drive) or media in its native files and PDF copy when production runs are complete.

Photos, layouts, etc., and intellectual property thereof shall become the property of the ERS.

Samples of current and previous Holomua newsletters are available on the ERS website:

http://ers.ehawaii.gov/ or at the ERS office:

City Financial Tower 201 Merchant Street

Suite 1400 Honolulu, Hawaii 96813

QUANTITIES

Quantities for bid are reflected in Offeror Form OF-1 of this IFB. The ERS reserves the right to adjust quantities if/as required.

OFFEROR AND SUBCONTRACTOR QUALIFICATIONS

Editing the newsletter shall be the priority of the Awardee. Awardee must have experience performing editing of similar types of work similar to the scale and complexity as ERS work.

References and contact information are required (see Offer Forms, OF-1 and OF-3), along with samples of similar types of production work completed. Previous work shall have similar type, scale and complexity of the ERS newsletter. Work which consisted of only printing or reproducing/replicating work shall not be considered.

Offerors are to have an office presence in Hawaii in order to facilitate coordination of the requirements of the IFB and for meeting with the ERS.

Offerors shall possess professional grammar skills with the ability to initiate corrections and suggestions to each article’s layout and flow. Offerors shall have the core competencies to edit the newsletter to ensure the content is clear, concise, correct and understandable.

The ERS has attached to this IFB specification a Sample Contract for offeror's review.

http://ers.ehawaii.gov/

Design & Printing Services, Multi- Year Rel Date: 7/31/2026 9

PROPOSAL SUBMITTAL

Offeror(s) shall annotate and sign the ERS provided forms, insert the completed forms into their proposal package and upload the complete proposal into the State of Hawaii’s website, HIePRO (hiepro.ehawaii.gov/) for award consideration. Items to be in the offeror's proposal shall include but not be limited to the following:

1. Offer Form OF-1, Price Quote, Cost of Services :

Includes, fully encumbered, firm and fixed, lump sum inclusive of all labor, travel, taxes and fees etc, including all costs in, or associated with the performance of the services rendered as described by this specification (except for postage costs that ERS will pay separately).

a. Offeror to enter the amount from OF-1, line B-8, TOTAL SUM for 3 Years, BID PRICE, FIRM &

FIXED, in HIePRO Offer section of this IFB, as job total price quote.

2. Offer Form OF-2, Offeror Identification:

Includes the Offeror attesting to the understanding and agreement to provide and perform under the terms and conditions of the specifications herein and no violation of Chapter 84 and no collusion.

Offeror includes their corporate information, traceability and accountability information with signature.

3. Offer Form OF-3, Professional References:

Offeror is to annotate OF-3, providing three (3) years of professional experience providing services within the past five (5) years for government clients of similar type, size, scale and complexity as ERS. If a sub-contractor is used, sub-contractor shall fill in the form and offeror to submit the completed sub-contractor form with their proposal.

4. ERS Confidentiality Agreement.

a. Offeror to sign confidentiality agreement and attach to their proposal.

b. Subcontractor(s) (if used) shall also sign a confidentiality agreement.

5. Proposal:

a. Proposal: offeror shall provide a complete proposal in their submittal to this IFB for ERS consideration.

Proposal to include company background, core competencies, certificates which pertain to performance noted in this IFB and resumes of key personnel whom the offeror intends to use to support this engagement, if the offeror is awarded the contract.

b. Offeror's Proposal Technical attributes to be judged per criteria in Proposal Technical Evaluation chart on page 10 of this specification.

c. Offeror to provide a detailed Gantt type water flow schedule in their proposal which includes the approximate processing dates for articles, first proof, edit deadlines, subsequent proof checks, mailing list, hard copy counts, mail out date, etc to be aligned with the quarterly production dates noted on page 4 of this specification in Coordinating Print Production section:

6. Compliance:

Offerors are to be duly registered to do business in the State of Hawaii via DCCA registration, (vendors.ehawaii.gov/hce) and compliant in Hawaii Compliance Express, (vendors.ehawaii.gov / hce) by the date and time of the closing of this IFB, for their proposals to be considered.

PROPOSAL TECHNICAL EVALUATION:

Offeror's proposal shall be judged on the criteria listed below and on content and samples of work provided in the Offeror's proposal. Award will be based upon the Offerors' best pricing, demonstrated experience and 3rd party verification of the offeror's competency and experience to perform and comply with the requirements of this specification and to be the most responsive and responsible Offeror.

Key Competencies:

- Editing and Copywriting.

- Publication Structure and Organization.

- Graphics and Layout.

- Printing and Mailing

Business Acumen:

- Staff and Company Experience

3rd Party Verification:

- Client References.

BASIS FOR AWARD CONSIDERATION:

The Offeror selected for award consideration shall:

- Be compliant in Hawaii Compliance Express by the date and time of the closing of this IFB.

- Provide the best bid quoted price.

• Note: Procurement will be awarded based on the price for the BASE CONTRACT TERM three (3) year term. from OF-1, line B-8, TOTAL SUM for 3 Years, BID PRICE, FIRM & FIXED, in HIePRO Offer section of this IFB, as job total price quote. Offeror is required to include pricing for all line items.

- Demonstrate staff competency.

- Demonstrate professional company qualifications to complete the requirements of this IFB.

- Be the most responsive and responsible bidder.

IFB 2026-05 (HIePRO B26002724) Holomua Publication, Design & Printing Services, Multi-Year Rel Date: 7/31/2026

EMPLOYEES’ RETIREMENT SYSTEM

OFFEROR

FORMS

ERS HOLOMUA NEWSLETTER

OFFER FORM OF-1 Pricing, Cost of Services.

OFFEROR TO COMPLETE ITEMS & SIGN

1. BASE CONTRACT TERM Pricing (Publication dates from 9/2026 to 6/2029)

A-Annual Price Item: Description: Base Year 1

9/2026 to 6//2027

Base Year 9/2027 to 6//2028

Base Year 9/2028 to 6//2029

B-1 Provide editing, copywriting, layout/design, Photoshop production, sending final art files to the printer, PDF files for ERS website. (Additional artwork or graphics requested and approved will be reimbursed by the ERS.)

B-2 Coordination of print production which includes working with ERS and the copywriter, coordinating with the printers on specifications for the printing of the newsletter, reviewing and editing all proofs for grammar/spelling, four press checks, and coordinating the job from inception to delivery.

B-3 Printing, Desktop Publishing, delivering and mailing of approximately 68,000 pieces per quarter for 8 colored pages.

*See Ancillary Pricing section below*

B-4 Taxes and other fees B-5 Quarterly Price - Subtotal (Sum of Lines 1 to 3)

B-6 Number of Issues in Year x 4 x 4 x 4

B-7 Annual Price (Quarterly Price x Number of Issues – Line 5 x Line 6)

B-8 TOTAL SUM for 3 Years, BID PRICE, FIRM & FIXED. Sum the Annual Price for 3-years (BY1 +BY2 +BY3) from Line B-7.

Place TOTAL SUM on this line and enter this price quote number in HIePRO Offer section of this IFB, as job total price quote.

B-Ancillary Pricing Item: Description: Base Year 1

9/2026 to 6//2027

Base Year 9/2027 to 6//2028

Base Year 9/2028 to 6//2029

B-AP-

Newsletters to be a 12-page rather than 8-page publication (if needed).

B-AP-

Amount added to bid price for one (1) additional special emergency edition of 1-2 pages (if needed). Please include associated production and printing costs based on 68,000 copies for this publication.

B-AP-

Total cost per piece over estimated quarterly quantity based upon 68,000 copies.

(Continued on next page.)

IFB 2026-05 (HIePRO B26002724) Holomua Publication, Design & Printing Services, Multi-Year Rel Date: 7/31/2026

OFFER FORM OF-1 Pricing, Cost of Services.

OFFEROR TO COMPLETE ITEMS & SIGN

IFB 2026-05 (HIePRO B26002724) Holomua Publication, Design & Printing Services, Multi-Year Rel Date: 7/31/2026

2. OPTION YEARS FOR CONTRACT TERM Pricing (Publication dates from 9/2029 to 6/2031) A - Annual Price Item: Description: Option Year 1

9/2029 to 6/2030 Option Year 2

9/2030 to 6/2031

OP-1 Provide editing, copywriting, layout/design, Photoshop production, sending final art files to the printer, PDF files for ERS website.

(Additional artwork or graphics requested and approved will be reimbursed by the ERS.)

OP-2 Coordination of print production which includes working with ERS and the copywriter, coordinating with the printers on specifications for the printing of the newsletter, reviewing and editing all proofs for grammar/spelling, four press checks, and coordinating the job from inception to delivery.

OP-3 Printing, Desktop Publishing, delivering and mailing of approximately 68,000 pieces per quarter for 8 colored pages.

*See Ancillary Pricing section below*

OP-4 Taxes and other fees OP-5 Quarterly Price - Subtotal (Sum of Lines 1 to 3)

OP-6 Number of Issues in Year x 4 x 4

OP-7 Annual Price (Quarterly Price x Number of Issues – Line 5 x Line 6) $ $

OP-8 OPTION YEARS TOTAL SUM for 2 Years, BID PRICE, FIRM & FIXED. Sum the Annual Price for 3-years (OY1 +OY2) from Line OP-7

B - Ancillary Pricing Item: Description: Option Year 1

9/2029 to 6/2030 Option Year 2

9/2030 to 6/2031

OP-

AP-1

Newsletters to be a 12-page rather than 8-page publication (if needed).

OP-

AP-2

Amount added to bid price for one (1) additional special emergency edition of 1-2 pages (if needed). Please include associated production and printing costs based on 68,000 copies for this publication.

OP-

AP-3

Total cost per piece over estimated quarterly quantity based upon 68,000 copies.

3. Additional attachments have been included (check here).

4. Quote No:

5. Quote is valid for

(60) calendar days).

6. All quotes to be signed and dated by an authorized signatory of the company.

Signature Date

Name Title

OFFER FORM OF-2

OFFEROR’S IDENTIFICATION

IFB 2026-05 (HIePRO B26002724) Holomua Publication, Design & Printing Services, Multi-Year Rel Date: 7/31/2026

Procurement Officer Employees’ Retirement System 201 Merchant Street, Suite 1400 Honolulu, Hawaii 96813

Dear Procurement Officer:

The undersigned has carefully read and understands the terms and conditions specified in the Specifications and the attached General Conditions and agrees to same. Offeror hereby submits the following offer to perform the work as specified in this specification, in accordance with the true intent and meaning thereof. The undersigned further understands and agrees that by submitting this offer, 1) he/she 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 price quote submitted was independently arrived at without collusion.

Offeror is:

___ Corporation ___ Limited Liability Company ___ Limited Partnership ___ Other:

State of Incorporation/Organization:

Exact Legal Name of Entity: **

Doing Business As (dba):

Federal Employer ID #: Hawaii Tax No.:

Payment address (if different than business address):

City, State, Zip Code:

Business address:

City, State, Zip Code:

Respectfully submitted:

Date: (x) Authorized (Original) Signature

Telephone No.:

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

**If Offeror 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.

OFFER FORM OF-3

Professional References

IFB 2026-05 (HIePRO B26002724) Holomua Publication, Design & Printing Services, Multi-Year Rel Date: 7/31/2026

Offeror to have three (3) years of professional experience providing services within the past five

(5) years for clients of the similar type, size, scale and complexity as ERS..

Offeror Name

(1) Client Name

Contact Person Telephone No. Facsimile No.

Email Address:

Description of Service Provided:

Contract Period of Service Provided:

(2) Client Name

Contact Person Telephone No. Facsimile No.

Email Address:

Description of Service Provided:

Contract Period of Service Provided:

(3) Client Name

Contact Person Telephone No. Facsimile No.

Email Address:

Description of Service Provided:

Contract Period of Service Provided:

OFFER FORM OF-3 (continued) References

IFB 2026-05 (HIePRO B26002724) Holomua Publication, Design & Printing Services, Multi-Year Rel Date: 7/31/2026

SUB-CONTRACTOR: Offeror's sub-contractor to have three (3) years of professional experience providing services within the past five (5) years for clients of the similar type, size, scale and complexity as ERS.

Mark here if no subcontractor used.

Offeror Name Sub-contactor Name

(1) Client Name Contact Person Telephone No. Facsimile No.

Email Address:

Description of Service Provided:

Contract Period of Service Provided:

(2) Client Name Contact Person Telephone No. Facsimile No.

Email Address:

Description of Service Provided:

Contract Period of Service Provided:

(3) Client Name Contact Person Telephone No. Facsimile No.

Email Address:

Description of Service Provided:

Contract Period of Service Provided:

EMPLOYEES’ RETIREMENT SYSTEM

SAMPLE

CONTRACT

AG-003 (Rev. August 2025)

STATE OF HAWAII

CONTRACT FOR GOODS OR SERVICES

BASED UPON

COMPETITIVE SEALED BIDS

This Contract, executed on the respective dates indicated below, is effective as of

_______________, _________, between ____________________________________________________, (Insert name of state department, agency, board or commission)

State of Hawaii ("STATE"), by its __________________________________________________, (Insert title of person signing for State)

(hereafter also referred to as the HEAD OF THE PURCHASING AGENCY or designee

(“HOPA”)), whose address is ______________________________________________________, and _______________________________________________________________________________

________________________________________________________________("CONTRACTOR"),

a _________________________________ under the laws of the State of _________________, (Insert corporation, partnership, joint venture, sole proprietorship. or other legal form of the Contractor) whose business address and federal and state taxpayer identification numbers are as follows:

RECITALS

A. The STATE desires to retain and engage the CONTRACTOR to provide the goods or services, or both, described in this Contract and its attachments, and the CONTRACTOR is agreeable to providing said goods or services, or both.

B. The STATE has issued an invitation for competitive sealed bids, and has received and reviewed bids submitted in response to the invitation.

C. The solicitation for bids and the selection of the CONTRACTOR were made in accordance with section 103D-302, Hawaii Revised Statutes ("HRS"), Hawaii Administrative Rules, Title 3, Department of Accounting and General Services, Subtitle 11 ("HAR"), Chapter 122, Subchapter 5, and applicable procedures established by the appropriate Chief Procurement Officer ("CPO").

D. The CONTRACTOR has been identified as the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation.

E. Pursuant to ______________________________________________, (Legal authority to enter into this Contract) the STATE is authorized to enter into this Contract.

F. Money is available to fund this Contract pursuant to:

(1)

(Identify state sources) or (2) (Identify federal sources) or both, in the following amounts: State $ ___________________________________________

Federal $ ___________________________________________

NOW, THEREFORE, in consideration of the promises contained in this Contract, the STATE and the CONTRACTOR agree as follows:

1. Scope of Services. The CONTRACTOR shall, in a proper and satisfactory manner as determined by the STATE, provide all the goods or services, or both, set forth in the Invitation for Bids number __________________ ("IFB") and the CONTRACTOR'S accepted bid (“Bid"), both of which, even if not physically attached to this Contract, are made a part of this Contract, and in accordance with the Scope of Services, Attachment 1, which is attached to and made part of this Contract.

2. Compensation. The CONTRACTOR shall be compensated for goods supplied or services performed, or both, under this Contract in a total amount not to exceed ____________________

_______________________________________________________________________ DOLLARS

($ ________________________), including approved costs incurred and taxes, at the time and in the manner set forth in the IFB and CONTRACTOR'S Bid, and in accordance with the Compensation and Payment Schedule, Attachment 2, which is attached to and made part of this Contract.

3. Time of Performance. The services or goods required of the CONTRACTOR under this Contract shall be performed and completed in accordance with the Time of Performance, Attachment 3, which is attached to and made a part of this Contract.

4. Bonds. The CONTRACTOR is required to provide or is not required to provide: a performance bond, a payment bond, a performance and payment bond in the amount of _________________________________________________________________ DOLLARS

5. Standards of Conduct Declaration. The Standards of Conduct Declaration of the CONTRACTOR is attached to and made a part of this Contract.

6. Other Terms and Conditions. The General Conditions and any Special Conditions are attached to and made a part of this Contract. In the event of a conflict between the General Conditions and the Special Conditions, the Special Conditions shall control. In the event of a conflict among the documents, the order of precedence shall be as follows: (1) this Contract, including all attachments and addenda; (2) the IFB, including all attachments and addenda; and (3) the CONTRACTOR'S Bid.

7. Liquidated Damages. Liquidated damages shall be assessed in the amount of ___________________________________________________________________________ DOLLARS

($ __________________________) per day, in accordance with the terms of paragraph 9 of the General Conditions.

8. Notices. Any written notice required to be given by a party to this Contract shall be (a) delivered personally, or (b) sent by United States first class mail, postage prepaid. Notice to the STATE shall be sent to the HOPA'S address indicated in the Contract. Notice to the CONTRACTOR shall be sent to the CONTRACTOR’S address indicated in the Contract. A notice shall be deemed to have been received three (3) days after mailing or at the time of actual receipt, whichever is earlier. The CONTRACTOR is responsible for notifying the STATE in writing of any change of address.

IN VIEW OF THE ABOVE, the parties execute this Contract by their signatures, on the dates below, to be effective as of the date first above written.

FUNDING AGENCY STATE

(if other than contracting agency)

(Name of Funding Agency) (Signature)

(Signature) (Print Name)

(Print Name) (Print Title)

(Print Title) (Date)

(Date)

CONTRACTOR

(Name of Contractor)

(Signature)

(Print Name)

(Print Title)

(Date)

APPROVED AS TO FORM:

Deputy Attorney General

* Evidence of authority of the CONTRACTOR'S representative to sign this Contract for the CONTRACTOR must be attached.

STATE OF HAWAII

CONTRACTOR'S

STANDARDS OF CONDUCT DECLARATION

For the purposes of this declaration:

"Agency" means and includes the State, the legislature and its committees, all executive departments, boards, commissions, committees, bureaus, offices; and all independent commissions and other establishments of the state government but excluding the courts.

"Controlling interest" means an interest in a business or other undertaking which is sufficient in fact to control, whether the interest is greater or less than fifty per cent (50%).

"Employee" means any nominated, appointed, or elected officer or employee of the State, including members of boards, commissions, and committees, and employees under contract to the State or of the constitutional convention, but excluding legislators, delegates to the constitutional convention, justices, and judges. (Section 84-3, HRS).

On behalf of , CONTRACTOR, the undersigned does declare as follows:

1. CONTRACTOR is* is not a legislator or an employee or a business in which a legislator or an employee has a controlling interest. (Section 84-15(a), HRS).

2. CONTRACTOR has not been represented or assisted personally in the matter by an individual who has been an employee of the agency awarding this Contract within the preceding two years and who participated while so employed in the matter with which the Contract is directly concerned. (Section 84-15(b), HRS).

3. CONTRACTOR has not been assisted or represented by a legislator or employee for a fee or other compensation to obtain this Contract and will not be assisted or represented by a legislator or employee for a fee or other compensation in the performance of this Contract, if the legislator or employee had been involved in the development or award of the Contract. (Section 84-14 (d), HRS).

4. CONTRACTOR has not been represented on matters related to this Contract, for a fee or other consideration by an individual who, within the past twelve (12) months, has been an agency employee, or in the case of the Legislature, a legislator, and participated while an employee or legislator on matters related to this Contract. (Sections 84-18(b) and (c), HRS).

CONTRACTOR understands that the Contract to which this document is attached is voidable on behalf of the STATE if this Contract was entered into in violation of any provision of chapter 84, Hawaii Revised Statutes, commonly referred to as the Code of Ethics, including the provisions which are the source of the declarations above. Additionally, any fee, compensation, gift, or profit received by any person as a result of a violation of the Code of Ethics may be recovered by the STATE.

CONTRACTOR

* Reminder to Agency: If the "is" block is

Bychecked and if the Contract involves goods or (Signature)services of a value in excess of $10,000, the

Contract must be awarded by competitive Print Name sealed bidding under section 103D-302, HRS, or a competitive sealed proposal under section Print Title 103D-303, HRS. Otherwise, the Agency may

Name of Contractor not award the Contract unless it posts a notice of its intent to award it and files a copy of the notice with the State Ethics Commission. Date(Section 84-15(a), HRS).

AG-010 Rev 11/15/2005

Attachment 1

SCOPE OF SERVICES

AG-011

Attachment 2

COMPENSATION AND PAYMENT SCHEDULE

AG-012

Attachment 3

TIME OF PERFORMANCE

AG-013

Attachment 3

TIME OF PERFORMANCE

AG-013

CERTIFICATE OF EXEMPTION

FROM CIVIL SERVICE

1. By Heads of Departments Delegated by the Director of the Department of Human Resources Development (“DHRD”).*

Pursuant to a delegation of the authority by the Director of DHRD, I certify that the services to be provided under this Contract, and the person(s) providing the services under this Contract are exempt from the civil service, pursuant to § 76-16, Hawaii Revised Statutes (HRS).

(Signature) (Date)

(Print Name)

(Print Title)

* This part of the form may be used by all department heads and the heads of attached agencies to whom the Director of DHRD expressly has delegated authority to certify § 76-16, HRS, civil service exemptions. The specific paragraph(s) of § 76-16, HRS, upon which an exemption is based should be noted in the contract file. If an exemption is based on § 76-16(b)(15), the contract must meet the following conditions:

(1) It involves the delivery of completed work or product by or during a specific time;

(2) There is no employee-employer relationship; and

(3) The authorized funding for the service is from other than the "A" or personal services cost element.

NOTE: Not all attached agencies have received a delegation under § 76-16(b)(15). If in doubt, attached agencies should check with the Director of DHRD prior to certifying an exemption under § 76-16(b)(15). Authority to certify exemptions under §§76-16(b)(2), and 76-16(b)(12), HRS, has not been delegated; only the Director of DHRD may certify §§ 76-16(b)(2), and 76-16(b)(12) exemptions.

2. By the Director of DHRD, State of Hawaii.

I certify that the services to be provided under this Contract, and the person(s) providing the services under this Contract are exempt from the civil service, pursuant to §76-16, HRS.

(Signature) (Date)

(Print Name)

(Print Title, if designee of the Director of DHRD)

AG-014 Rev 6/26/2006 1

GENERAL CONDITIONS

Table of Contents

Page(s)

1. .........................................................................................................2Coordination of Services by the STATE 2.

Relationship of Parties: Independent Contractor Status and Responsibilities, Including Tax Responsibilities

3. ..................................................................................................................................3Personnel Requirements

4. ...........................................................................................................................................3Nondiscrimination

5. .........................................................................................................................................3Conflicts of Interest

6. ........................................................................................................................3Subcontracts and Assignments

7. ...........................................................................................................................4Indemnification and Defense

8. .............................................................................................................................................4Cost of Litigation

9. ........................................................................................................................................4Liquidated Damages

10. .................................................................................................................................4STATE'S Right of Offset

11. ...........................................................................................................................................................4Disputes

12. ....................................................................................................................................4Suspension of Contract

13. ...................................................................................................................................5Termination for Default

14. ..........................................................................................................................6Termination for Convenience

15. ...................................................8Claims Based on the Agency Procurement Officer’s Actions or Omissions

16. .........................................................................................................................................8Costs and Expenses

17. ......................................................................................9Payment Procedures; Final Payment; Tax Clearance

18. ..................................................................................................................................................9Federal Funds

19. ................................................................................................................................9Modifications of Contract

20. .................................................................................................................................................10Change Order

21. ...........................................................................................................................................11Price Adjustment

22. ..................................................................................11Variation in Quantity for Definite Quantity Contracts

23. ....................................................................................................11Changes in Cost-Reimbursement Contract

24. ............................................................................................................................12Confidentiality of Material

25. .........................................................................................................................................................12Publicity

26. ..................................................................................................................12Ownership Rights and Copyright

27. .....................................................................................................................................12Liens and Warranties

28. ....................................................................................13Audit of Books and Records of the CONTRACTOR

29. ......................................................................................................................................13Cost or Pricing Data

30. ........................................................................................................................13Audit of Cost or Pricing Data

31. ..........................................................................................................................................13Records Retention

32. .............................................................................................................................................13Antitrust Claims

33. ...........................................................................................................................................13Patented Articles.

34. ..............................................................................................................................................14Governing Law

35. ..................................................................................................................................14Compliance with Laws

36. .....................................................................14Conflict between General Conditions and Procurement Rules

37. ...............................................................................................................................................14Entire Contract

38. ....................................................................................................................................................14Severability

39. ...........................................................................................................................................................14Waiver

40. ...........................................................................................................................................14Pollution Control

41. ................................................................................................................................14Campaign Contributions

42. Confidentiality of Personal Information

AG-008 103D General Conditions (Rev. 01/10/2023)

GENERAL CONDITIONS

1. Coordination of Services by the STATE. The head of the purchasing agency (“HOPA”) (which term includes the designee of the HOPA) shall coordinate the services to be provided by the CONTRACTOR in order to complete the performance required in the Contract. The CONTRACTOR shall maintain communications with HOPA at all stages of the CONTRACTOR'S work, and submit to HOPA for resolution any questions which may arise as to the performance of this Contract. "Purchasing agency" as used in these General Conditions means and includes any governmental body which is authorized under chapter 103D, HRS, or its implementing rules and procedures, or by way of delegation, to enter into contracts for the procurement of goods or services or both.

2. Relationship of Parties: Independent Contractor Status and Responsibilities, Including Tax Responsibilities.

a. In the performance of services required under this Contract, the CONTRACTOR is an "independent contractor," with the authority and responsibility to control and direct the performance and details of the work and services required under this Contract; however, the STATE shall have a general right to inspect work in progress to determine whether, in the STATE'S opinion, the services are being performed by the CONTRACTOR in compliance with this Contract. Unless otherwise provided by special condition, it is understood that the STATE does not agree to use the CONTRACTOR exclusively, and that the CONTRACTOR is free to contract to provide services to other individuals or entities while under contract with the STATE.

b. The CONTRACTOR and the CONTRACTOR'S employees and agents are not by reason of this Contract, agents or employees of the State for any purpose, and the CONTRACTOR and the CONTRACTOR'S employees and agents shall not be entitled to claim or receive from the State any vacation, sick leave, retirement, workers' compensation, unemployment insurance, or other benefits provided to state employees.

c. The CONTRACTOR shall be responsible for the accuracy, completeness, and adequacy of the CONTRACTOR'S performance under this Contract. Furthermore, the CONTRACTOR intentionally, voluntarily, and knowingly assumes the sole and entire liability to the CONTRACTOR'S employees and agents, and to any individual not a party to this Contract, for all loss, damage, or injury caused by the CONTRACTOR, or the CONTRACTOR'S employees or agents in the course of their employment.

d. The CONTRACTOR shall be responsible for payment of all applicable federal, state, and county taxes and fees which may become due and owing by the CONTRACTOR by reason of this Contract, including but not limited to (i) income taxes, (ii) employment related fees, assessments, and taxes, and (iii) general excise taxes. The CONTRACTOR also is responsible for obtaining all licenses, permits, and certificates that may be required in order to perform this Contract.

e. The CONTRACTOR shall obtain a general excise tax license from the Department of Taxation, State of Hawaii, in accordance with section 237-9, HRS, and shall comply with all requirements thereof.

The CONTRACTOR shall obtain a tax clearance certificate from the Director of Taxation, State of Hawaii, and the Internal Revenue Service, U.S. Department of the Treasury, showing that all delinquent taxes, if any, levied or accrued under state law and the Internal Revenue Code of 1986, as amended, against the CONTRACTOR have been paid and submit the same to the STATE prior to commencing any performance under this Contract. The CONTRACTOR shall also be solely responsible for meeting all requirements necessary to obtain the tax clearance certificate required for final payment under sections 103-53 and 103D-328, HRS, and paragraph 17 of these General Conditions.

f. The CONTRACTOR is responsible for securing all employee-related insurance coverage for the CONTRACTOR and the CONTRACTOR'S employees and agents that is or may be required by law, and for payment of all premiums, costs, and other liabilities associated with securing the insurance coverage.

g. The CONTRACTOR shall obtain a certificate of compliance issued by the Department of Labor and Industrial Relations, State of Hawaii, in accordance with section103D-310, HRS, and section 3-122- 112, HAR, that is current within six months of the date of issuance.

h. The CONTRACTOR shall obtain a certificate of good standing issued by the Department of Commerce and Consumer Affairs, State of Hawaii, in accordance with section 103D-310, HRS, and section 3-122-112, HAR, that is current within six months of the date of issuance.

i. In lieu of the above certificates from the Department of Taxation, Labor and Industrial Relations, and Commerce and Consumer Affairs, the CONTRACTOR may submit proof of compliance through the State Procurement Office’s designated certification process.

3. Personnel Requirements.

a. The CONTRACTOR shall secure, at the CONTRACTOR'S own expense, all personnel required to perform this Contract.

b. The CONTRACTOR shall ensure that the CONTRACTOR'S employees or agents are experienced and fully qualified to engage in the activities and perform the services required under this Contract, and that all applicable licensing and operating requirements imposed or required under federal, state, or county law, and all applicable accreditation and other standards of quality generally accepted in the field of the activities of such employees and agents are complied with and satisfied.

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

5. Conflicts of Interest. The CONTRACTOR represents that neither the CONTRACTOR, nor any employee or agent of the CONTRACTOR, presently has any interest, and promises that no such interest, direct or indirect, shall be acquired, that would or might conflict in any manner or degree with the CONTRACTOR'S performance under this Contract.

6. Subcontracts and Assignments. The CONTRACTOR shall not assign or subcontract any of the CONTRACTOR'S duties, obligations, or interests under this Contract and no such assignment or subcontract shall be effective unless (i) the CONTRACTOR obtains the prior written consent of the STATE, and (ii) the CONTRACTOR'S assignee or subcontractor submits to the STATE a tax clearance certificate from the Director of Taxation, State of Hawaii, and the Internal Revenue Service, U.S. Department of Treasury, showing that all delinquent taxes, if any, levied or accrued under state law and the Internal Revenue Code of 1986, as amended, against the CONTRACTOR'S assignee or subcontractor have been paid. Additionally, no assignment by the CONTRACTOR of the CONTRACTOR'S right to compensation under this Contract shall be effective unless and until the assignment is approved by the Comptroller of the State of Hawaii, as provided in section 40-58, HRS.

a. Recognition of a successor in interest. When in the best interest of the State, a successor in interest may be recognized in an assignment contract in which the STATE, the CONTRACTOR and the assignee or transferee (hereinafter referred to as the "Assignee") agree that:

(1) The Assignee assumes all of the CONTRACTOR'S obligations;

(2) The CONTRACTOR remains liable for all obligations under this Contract but waives all rights under this Contract as against the STATE; and

(3) The CONTRACTOR shall continue to furnish, and the Assignee shall…