STATE OF HAWAII

DEPARTMENT OF HAWAIIAN HOME LANDS

Release Date: September 4, 2026

INVITATION FOR BIDS

No. IFB-27-HHL-004

FOR

CHAIN LINK FENCING AND GATES INSTALLATION

AT

SOUTH KOHALA DISTRIBUTION ROAD

KAMUELA, ISLAND OF HAWAII

Bids will be received via

State Procurement Office Electronic Procurement System (HIePRO) up to 2:00 p.m. (H.S.T) on October 9, 2026

Direct questions relating to this solicitation to:

ashley.n.tabalno@hawaii.gov mailto:ashley.n.tabalno@hawaii.gov

IFB-27-HHL-004 Table of Contents 2

TABLE OF CONTENTS

IFB-27-HHL-004 Chain Link Fence Installation, South Kohala Distribution Road Property, Island of Hawaii

Section Page

1. Terms and Acronyms 3

2. Notice to Bidders 4 - 5

3. Specifications 6 - 7

4. Special Provisions 8 - 17

5. Attachment A: Project Map and Alignment 18 - 19

6. Attachment B: Chain Link Fence and Gate Standard Details 20 - 21

7. Attachment C: UXO Information Sheet 22

8. Offer Form (OF-1) 23 - 33

9. Wage Bulletin

IFB-27-HHL-004 Terms and Acronyms 3

1. TERMS AND ACRONYMS

SPO = State Procurement Office of the State of Hawaii

CPO = Chief Procurement Officer

DAGS = Department of Accounting and General Services

GC = General Conditions issued by the Department the Attorney General

GET = General Excise Tax

GP = General Provisions

IFB = Invitation for Bids

Procurement Officer = The contracting officer for the Department of Hawaiian

Home Lands

State = State of Hawaii, including its departments, agencies and political subdivisions

DHHL = Department of Hawaiian Home Lands

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

Contractor = An individual, partnership, firm, corporation, joint venture, or other legal entity undertaking the execution of the work under the terms of the contract with the State and acting directly or through its agents or employees.

(HAR §3-120-2)

Contract: = All types of agreements, regardless of what they may be called, for the procurement or disposal of goods or services, or for construction. (HRS §103D-104)

Offer = Bid, proposal, or quotation. (HAR §3-120-2)

HRS = Hawaii Revised Statutes

HAR = Hawaii Administrative Rules

IFB-27-HHL-004 Notice to Bidders 4

2. NOTICE TO BIDDERS

Invitation For Bids No. IFB-27-HHL-004, Chain Link Fence Installation at the Department of Hawaiian Home Lands (DHHL) South Kohala Distribution Road Property, Island of Hawaii, will be issued and awarded through the State Procurement Office's electronic procurement system (HIePRO).

This project is subject to Section 103D, Hawaii Revised Statutes, and to the payment of not less than the prevailing wages promulgated by the State of Hawaii, Department of Industrial Relations.

Bid Offers for IFB-27-HHL-004 must be submitted electronically via HIePRO no later than 2:00 p.m., Hawaii Standard Time (H.S.T), October 9, 2026. The Bid Offer Form (OF-1) must be uploaded to HIePRO as an attachment. Bids received after the due date and time or received other than electronically via HIePRO will not be considered.

A written NOTICE OF INTENTION TO BID is required and shall be received by the DHHL, Land Management Division, at 91-5420 Kapolei Parkway, Kapolei, Hawaii 96707, no later than 2:00 pm, H.S.T, on September 28, 2026. Submittal of a NOTICE OF INTENTION TO BID via e-mail to ashley.n.tabalno@hawaii.gov is acceptable.

A surety bid bond will be required for this Invitation for Bids.

Bidders are solely responsible for ensuring that their electronic submission through HIePRO is complete and all required information is submitted with the bid before the Invitation for Bids (IFB) due date and time. DHHL will not be responsible for any delays or failures of any Bidder to submit all requested information.

REQUIREMENT OF PERFORMANCE AND PAYMENT BONDS

Performance bond and Payment Bond shall be required for contracts of $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 their own form, which complies with similar content in DHHL’s bond forms.

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 III.,I, FAILURE TO EXECUTE THE CONTRACT and award of the contract shall be made to the next lowest responsible and responsive Bidder.

Bidders interested in responding to this electronic solicitation must be registered on HIePRO.

To register in HIePRO, visit the following link:

https://hiepro.ehawaii.gov/vendor.html

Additional registration information is available at:

https://hiepro.ehawaii.gov/static-resources/VendorRegGuide.pdf https://hiepro.ehawaii.gov/vendor.html https://hiepro.ehawaii.gov/static-resources/VendorRegGuide.pdf

IFB-27-HHL-004 Notice to Bidders 5

A pre-offer conference and site inspection at South Kohala Distribution Road will be conducted at 9:30am (HST) on September 23, 2026. Please notify Ashley Tabalno at ashley.n.tabalno@hawaii.gov and register for the event on HIePRO if you are interested in attending by Monday, September 21, 2026.

Questions regarding this solicitation must be posted to HIePRO by 2 p.m., H.S.T., on September 25, 2026. Answers will be posted to HIePRO by 4 p.m., H.S.T., on September 30, 2026.

Dated at Kapolei, Hawai‘i, this 4th day of September 2026.

Kali Watson, Chairperson Hawaiian Homes Commission

Posted on the internet at: https://hiepro.ehawaii.gov/sav-search.html http://www.dhhl.hawaii.gov/procurement/ https://hiepro.ehawaii.gov/sav-search.html http://www.dhhl.hawaii.gov/procurement/

IFB-27-HHL-004 Special Provisions 6

3. SPECIFICATIONS

This section indicates the Specifications for chain link fence and gate installation required by the Department of Hawaiian Home Lands (DHHL) at the South Kohala Distribution Road property and three nearby burial site lots located near South Kohala Distribution Road, Kamuela, Hawaii 96743.

The Specifications listed are the minimum requirements and are mandatory for an accepted bid.

3.1 Scope of Work:

The Contractor shall provide all labor, materials, equipment, transportation, and supervision necessary to furnish and install chain link fencing and gates as described below. All work shall comply with these Specifications, the Standard Details for chain link fences and gates (Attachment B), and applicable codes and standards.

3.1.A Chain Link Fence Installation- South Kohala Distribution Road Section A

1. Install approximately 530 linear feet of 6-foot chain link fence along South Kohala Distribution Road in Section A.

2. Utilize existing dust fence posts where available; where not available, install new line posts.

3. Line posts shall be spaced a maximum of 10 feet apart and driven or set in concrete to a minimum depth consistent with Section 32 31 13 – Chain Link Fences and Gates.

4. Project area is asphalt-covered; drilling will be required for most post installations.

3.1.B Chain Link Fence Installation – South Kohala Distribution Road Section B

1. Install approximately 620 linear feet of 6-foot chain link fence along South Kohala

Distribution Road in Section B utilizing existing dust fence posts.

2. Where existing posts are not adequate, install new line posts in accordance with these

Specifications and Attachment B.

3. Cost for replacement posts shall be included in the unit price.

3.1.C Chain Link Fence Installation – South Kohala Distribution Road Section C

1. Install approximately 170 linear feet of 6-foot chain link fence along South Kohala Distribution Road in Section C.

2. Install new line posts at a maximum spacing of 10 feet.

3. Project area is asphalt-covered; drilling will be required for most post installations.

3.1.D Chain Link Fence Installation – Burial Lots

1. Install additional 6-foot chain link fencing at three burial lots, with linear footage to be field verified by the Contractor.

2. The burial lots’ general locations and approximate measurements are as follows:

Lot 1: Makai of Palea Street, 560 linear feet Lot 2: Between Makole Street and Wahakane Place (west boundary along Hoolulu Street), 1160 linear feet Lot 3: Below Mahoe Street, 650 linear feet **Exact fence alignment and extents shall be coordinated with DHHL and verified in the field.

IFB-27-HHL-004 Special Provisions 7

3.1.E Gates

1. Install one double swing vehicle gate (12 feet per leaf; 24-foot opening total) along South

Kohala Distribution Road at the location shown on the Project Map (Attachment A).

2. Install five pedestrian gates, one along South Kohala Distribution Road and four at the burial lots.

3. Gates shall:

• Open freely with a maximum 3-inch gap when closed

• Be supported by properly sized posts set to a minimum depth of 30 inches

• Include appropriate hinges, hardware, and locking mechanisms (tongue and bell or equivalent), in accordance with Section 32 31 13 and Attachment B

3.3 Material Specifications

1. Fence framework, chain-link fabric, concrete foundations, and accessories shall conform to Section 32 31 13 – Chain Link Fences and Gates (attached as a reference specification) and the Standard Details for chain link fences and gates (Attachment B).

2. All materials shall be supplied by the Contractor and included in the bid price. The Contractor is responsible for procurement, delivery, storage, and security of all materials.

DHHL is not liable for loss or damage.

3.4 UXO (Unexploded Ordnance) Training Requirement

1. The project area has been surveyed for unexploded ordnance (UXO). Prior to commencing any work on site, the Contractor shall ensure that all on-site supervisory personnel and field staff attend a short UXO awareness and safety training.

2. The Contractor shall coordinate with DHHL to schedule a UXO training session with Dave Griffin or his designee. Attendance at this training is mandatory for all Contractor personnel who will be working within the project area.

3. The Contractor shall comply with all instructions, safety procedures, and restrictions provided during the UXO training and any UXO-related addenda issued for this project.

4. No ground-disturbing work (including drilling for fence posts or excavation for gate posts) shall commence until UXO training has been completed.

3.5 Contractor Requirements

1. Contractor must possess a valid State of Hawaii "A" General Engineering or "C-32" Ornamental Guardrail license at the time of bid opening.

2. Contractor must comply with all State procurement requirements, including registration and compliance through Hawaii Compliance Express (HCE), as required by HRS Chapters 103D and 104, Wages and Hours of Employees on Public Works Law.

3. Work shall conform to all applicable Federal, State, and local regulations, including but not limited to safety, environmental, and UXO requirements.

4. Contractor must provide comparable-project documentation, references, and other qualifications upon request after low-bidder determination.

3.6 Schedule of Work

1. The Contractor shall complete all work within the project period specified in the Special Provisions.

2. Work hours and site access restrictions will be coordinated with the DHHL Land Agent.

IFB-27-HHL-004 Special Provisions 8

4. SPECIAL PROVISIONS

4.1 Scope

Furnishing chain link fence and gate installation at the Department of Hawaiian Home Lands (DHHL) South Kohala Distribution Road property and three nearby burial site lots shall be in accordance with these Specifications, Special Provisions, and General Conditions, Form AG-008.

4.2 Contract Administrator

For this contract, the Contract Administrator is the DHHL Land Agent or designated representative.

4.3 Term of Contract

The contract term shall begin on November 1, 2026, and end on June 30, 2027, as specified in the HIePRO solicitation. The Contractor shall complete all work within sixty (60) calendar days after receipt of the Notice to Proceed. The sixty (60)-calendar-day performance period shall occur within the contract term. Any extension of the contract term or performance period shall be subject to DHHL approval and shall comply with HRS Chapter 103D.

4.4 Responsibilities of Offeror

Offeror is advised that if awarded a contract under this solicitation, Offeror shall, upon award of the contract, furnish proof of compliance with the requirements of Section 103D-310(c), HRS:

1. Chapter 237, tax clearance;

2. Chapter 383, unemployment insurance;

3. Chapter 386, workers’ compensation;

4. Chapter 392, temporary disability insurance;

5. Chapter 393, pre-paid health care; and

6. Chapter 103D-310(c), Certificate of Good Standing (COGS) for entities doing business in the State.

The State will verify compliance on Hawaii Compliance Express (HCE).

4.5 Hawaii Compliance Express

The HCE is an electronic system used to quickly verify proof of compliance of vendors/contractors/service providers doing business in the State. The HCE certificate, Certificate of Vendor Compliance is a printable certificate that will provide compliant status in real time. It is an online certificate process of the tax clearance from the Department of Taxation and the Internal Revenue Service; a certificate of compliance from the Labor and Industrial Relations and a Certificate of Good Standing from the Department of Commerce and Consumer Affairs required pursuant to Section 103D-310(c), HRS and Section 3-122-112, Hawaii Administrative Rules (HAR).

Vendors/contractors/service providers are advised to register with HCE at https://vendors.ehawaii.gov. Vendors/contractors/service providers will pay an annual fee of $12.00, or as amended, to the Hawaii Information Consortium, LLC (HIC).

https://vendors.ehawaii.gov/

IFB-27-HHL-004 Special Provisions 9

4.6 Bidder Qualifications

In addition to meeting the legal and other requirements of this IFB, the bidder must meet the following bidder qualification requirements to be considered for award:

1. Bidder shall have a valid "A" General Engineering or "C-32" Ornamental Guardrail license registered with the State of Hawaii, Department of Commerce and Consumer Affairs, and shall have been actively engaged in commercial, governmental, industrial, or related fencing/site-construction work for a minimum of five (5) years immediately preceding bid submission. The bidder, or its proposed fencing subcontractor, shall have successfully completed at least three (3) comparable fencing-and-gate projects within the past five (5) years, including at least one project with a contract value of $100,000 or more or involving at least 2,000 linear feet of chain-link fence and related gates. The bidder shall furnish its license number on Offer Form page OF-1.

2. Bidder shall conduct business from a permanent office in the State of Hawaii and be accessible in person or by telephone during normal State business hours from 7:45 a.m. to 4:30 p.m. HST to address requests that require immediate attention.

3. Completion and submittal of Offer Form.

4. Bidder shall have at the time of bidding, a certificate of insurance in force as listed on the

Offer Form page.

The Offeror, at no extra cost, shall provide additional background information and documentation on any of the above requirements if requested by the DHHL.

CERTIFICATION OF INDEPENDENT COST DETERMINATION

By submission of a bid in response to this IFB, the bidder certifies as follows:

1. The costs in this IFB have been arrived at independently, without consultation, communication, or agreement with any other bidder, as to any matter relating to such costs to restrict competition.

2. Unless otherwise required by law, the cost that has been quoted in this IFB has not been knowingly disclosed by the bidder before award, directly or indirectly, to any other bidder or competitor before the award of the contract.

3. No other attempt has been made or will be made by the bidder to indicate any other person or firm to submit or not to submit to restrict competition.

STANDARD QUALIFICATION QUESTIONNAIRE FOR OFFERORS

1. In compliance with HRS Section 103D-310, the lowest responsive and responsible bidder may be required to complete a standard questionnaire. When required, the completed questionnaire shall be submitted to the DHHL for evaluation.

2. If required the lowest responsive and responsible bidder shall submit answers to questions contained in the STANDARD QUALIFICATION QUESTIONNAIRE FOR OFFERORS (SPO Form-021), properly

IFB-27-HHL-004 Special Provisions 10 executed and notarized, setting forth a complete statement of the experience of the lowest responsive and responsible bidder.

3. If upon review of the Questionnaire, or otherwise, the lowest responsive and responsible bidder appears not fully qualified or able to perform the intended work, the Chairperson 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, provide a written determination of non-responsibility of an offeror.

4. Failure to complete and submit the prequalification questionnaire within the time allowed may be grounds for a determination of non-responsibility in accordance with HRS Section 103D and HAR Section 3-122- 108.

4.7 Site Inspection

Before submittal of an offer, Offerors may inspect the location to thoroughly familiarize themselves with existing conditions, rules and regulations, UXO constraints, and the extent and nature of work to be performed. Offeror inspection is not mandatory; however, submission of an offer shall be evidence that the Offeror understands the scope of the project and shall comply with the Specifications herein, if awarded the contract.

A pre-offer conference and site inspection at South Kohala Distribution Road will be conducted at 9:30am (HST) on September 23, 2026. Please notify Ashley Tabalno at ashley.n.tabalno@hawaii.gov and register for the event on HIePRO if you are interested in attending by Monday, September 21, 2026.

4.8 Inquiries

All inquiries to this IFB shall be submitted via HIePRO in the Questions & Answers tab by the designated date and time. Only those inquiries received by the deadline shall be responded to via HIePRO. Any changes to the IFB will be made by an addendum. Offerors shall be responsible for checking the HIePRO solicitation for any subsequent addenda issued before submitting their offer.

4.9 Bid Preparation

Offer Form, Page OF-1 Bidder is requested to submit its offer using Bidder’s exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable; and to indicate the exact legal name in the appropriate space on Offer Form, page OF-1. Failure to do so may delay the proper execution of the contract.

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

IFB-27-HHL-004 Special Provisions 11

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.

Bid Security

1. Subject to the exceptions in Section 3-122-223(d), HAR, all lump sum bids of $25,000 (twenty-five thousand dollars) and higher, or lump sum base bids including alternates of $25,000 (twenty-five 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

IFB-27-HHL-004 Special Provisions 12 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.

SUBMITTAL 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.

Bid Quotation Unit bid price shall include labor, equipment, installation, transportation, storage, training, all applicable taxes, and any other costs incurred to provide the product or services specified.

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

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

IFB-27-HHL-004 Special Provisions 13 the award include the aforementioned adjustment.

Insurance Bidder shall provide the insurance information requested on the Offer Form and maintain the insurance coverage required by Section 4.17.

4.10 Requirements of Chapter 104, HRS – Wages and Hours of Employees on Public Works Law Chapter 104 applies to every contract exceeding $2,000 for the construction of a public works project. Contractor shall pay its laborers and mechanics not less than the prevailing wages promulgated by the State of Hawaii, Department of Labor and Industrial Relations.

Wage Requirements:

• Pay prevailing wages (hourly rate + fringe benefits) as determined by DLIR.

• Provide weekly certified payrolls; contractor ensures submission of all subcontractors payrolls.

• Offer overtime at 1.5 times the basic hourly rate (plus fringes) for work beyond 8 hours/day or on weekends/holidays, or follow collective bargaining agreement rates.

• Post wage rate schedules prominently at the job site and distribute copies to laborers/mechanics.

Non-Compliance:

If Contractor or subcontractor:

• Fails to pay required wages,

• Does not submit timely or accurate payroll certifications, or

• Refuses to comply with Chapter 104’s requirements –

…the Contracting Agency may, per HRS Section 104-4 and Section 104-21, suspend pay, terminate the contract (in whole or part), and hold the Contractor and sureties liable for any resulting excess costs.

4.11 Award of Contract

Method of Award Award, if made, shall be to the responsive, responsible Bidder submitting the lowest Total Bid Price submitted on Offer Form (OF-1).

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

Tax Clearance and Compliance Requirements for Award. The lowest responsive Offeror shall be required to submit proof of tax clearance, certificate of compliance from DLIR, and Certificate of Good Standing (COGS) as required by HRS and HAR.

Tax Clearance and Compliance Requirements for Award. The lowest responsive Offeror shall be required to submit proof of tax clearance, certificate of compliance from DLIR, and Certificate of Good Standing (COGS) as required by HRS and HAR.

Compliance with Section 103D-310(c), HRS, for an entity doing business in the State The lowest responsive Offeror shall be required to submit a CERTIFICATE OF GOOD STANDING (Certificate) issued by the State of Hawaii Department of Commerce and Consumer Affairs Business Registration Division (BREG). The Certificate is valid for six months from the date of issue and must be valid on the date it is received by DHHL. A photocopy of the certificate is

IFB-27-HHL-004 Special Provisions 14 acceptable to DHHL.

To obtain the Certificate, the Offeror must first be registered with the BREG. A sole proprietorship, however, is not required to register with the BREG, and therefore not required to submit the certificate.

Online business registration and the Certificate are available at https://cca.hawaii.gov/breg/. To register or to obtain the Certificate by phone, call (808) 586-2727 (M-F 7:45 to 4:30 HST). Offerors are advised that there are costs associated with registering and obtaining the Certificate.

Final Payment Requirements The contractor is required to submit a tax clearance certificate for final payment on the contract. A tax clearance certificate, not over two months old, with an original green certified copy stamp, must accompany the invoice for final payment on the contract.

In addition to the tax clearance certificate, an original “Certification of Compliance for Final Payment” (SPO Form-22), will be required for final payment. A copy of the Form is available at www.spo.hawaii.gov. Select “Forms for Vendors/Contractors” from the Procurement of Goods, Services, & Construction - Chapter 103D, HRS, menu.

Hawaii Compliance Express Alternately, instead of separately applying for these certificates at various state agencies, vendors may choose to use the Hawaii Compliance Express (HCE), which allows businesses to register online through a simple wizard interface at http://vendors.ehawaii.gov to acquire a “Certificate of Vendor Compliance.” The HCE provides the current compliance status as of the issuance date. The “Certificate of Vendor Compliance” indicating that the vendor’s status is compliant with the requirements of §103D-310(c), HRS, shall be accepted for contracting and final payment purposes. Vendors that elect to use the new HCE services will be required to pay an annual fee of $12.00 to the Hawaii Information Consortium, LLC (HIC). Vendors choosing not to participate in the HCE program will be required to provide the paper certificates as instructed in the sections previous to this one.

Timely Submission of all Certificates The above certificates should be applied for and submitted to DHHL as soon as possible. If the valid certificates are not submitted on a timely basis, an offer otherwise responsive and responsible may not receive the award.

4.12 Campaign Contributions by State and County Contractor

It has been determined that funds for this contract have been appropriated by a legislative body.

Therefore, the Offeror, if awarded a contract in response to this solicitation, agrees to comply with Section 11-355, HRS, which states that campaign contributions are prohibited from a State and county government contractor during the term of the contract if the contractor is paid with funds appropriated by a legislative body.

4.13 Protest

According to HRS Section 103D-701, a protest of the solicitation must be made before bid opening, and a protest of an award or proposed award shall be submitted within five (5) working days after the posting of the award of the contract. The notice of award resulting from this solicitation shall be posted online.

A protest shall be submitted in writing within five (5) working days after the posting of the award as https://cca.hawaii.gov/breg/ http://www.spo.hawaii.gov/ http://www.spo.hawaii.gov/SPO/Code/index_html http://www.spo.hawaii.gov/SPO/Code/index_html http://vendors.ehawaii.gov/

IFB-27-HHL-004 Special Provisions 15 listed below; provided that a protest based upon the content of the solicitation shall be submitted in writing before the date set for receipt of offers.

Any protest according to HRS Section 103D-701, and HAR Section 3-126-3, shall be submitted in writing to DHHL’s Procurement Officer at the Department of Hawaiian Home Lands, 91-5420 Kapolei Parkway, Kapolei, HI 96707.

4.14 Acceptance of Offer

Acceptance of the offer, if any, will be made within thirty (30) calendar days after bid opening, and the prices quoted by the Offeror shall remain firm for the thirty (30) day period.

4.15 Contract Execution

The State shall forward a formal contract to the successful bidder for execution. The contract shall be signed by the successful bidder and returned within ten (10) days after receipt by the bidder.

Upon execution of the contract, DHHL will issue a fully executed copy to the Contractor. No work will be undertaken by the Contractor before receiving the Notice to Proceed. Performance or payment bonds are required.

4.16 Notice to Proceed

Work will commence on the official commencement date specified on the Notice to Proceed.

No work is to be undertaken by the Contractor before the commencement date specified on the Notice to Proceed issued by the State upon execution of the contract by both parties. The State of Hawaii is not liable for any work, contract, costs, expenses, loss of profits, or any damages whatsoever incurred by the Contractor before the official commencement date.

4.17 Liability Insurance

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

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

IFB-27-HHL-004 Special Provisions 16

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

Coverage Limits

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

(occurrence form)

$2,000,000 in the aggregate for bodily injury or property damage

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

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

1. “This insurance shall not be canceled, limited in the scope of coverage, or non-renewed until after 30 days written notice has been given to the State of Hawaii, Department of Hawaiian Home Lands, 91-5420 Kapolei Parkway, Kapolei, HI 96707”

2. “The State of Hawaii is added as an additional insured with respect to operations performed for the State of Hawaii."

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

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

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

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

The procuring of such required insurance shall not be construed to limit the Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this contract.

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

IFB-27-HHL-004 Special Provisions 17

4.18 Invoicing

Contractor shall submit one final invoice per line item only upon completion to:

Department of Hawaiian Home Lands Attn: Land Management Division 91-5420 Kapolei Parkway Kapolei, HI 96707

Invoices shall reference the IFB and contract number.

4.19 Inspections

The Contract Administrator or designated representative reserves the right to inspect the Contractor’s work performance at any time.

4.20 Liquidated Damages

Refer to the State’s General Conditions. Liquidated damages are fixed at the sum of ONE THOUSAND DOLLARS ($1,000.00) per calendar day of delay the Contractor fails to achieve final completion by the contract completion date or fails to perform in whole or in part any of his obligations specified herein. Liquidated damages, if assessed, may be deducted from any payments due or to become due to the Contractor.

4.21 State’s General Conditions

Nothing in the Special Provisions shall supersede the General Conditions attached hereto. The Special Provisions shall serve to supplement the General Conditions.

4.22 Approvals

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

IFB-27-HHL-004 Attachment A 18

Attachment A - Project Map and Alignment

IFB-27-HHL-004 Attachment A 19

Burial Lot 2

Burial Lot 1

Burial Lot 3

IFB-27-HHL-004 Attachment B 20

Attachment B: Chain Link Fence and Gate Standard Details

IFB-27-HHL-004 Attachment B 21

!l co,urnv0F KAIJAI CITY Iii COUlfiY OF HONO lU LU

COl:INTV IIF "'AUi CDUl'ITY OF HAW.AO iYPICAL DDl!JBLE GATE

M4lROH 1991

SUPiE:A:SEOE.S ·Ft-21

STANDARD

0 ETMLS R-21A

IFB-27-HHL-004 Attachment C 22

Attachment C: UXO Information Sheet

Bid Offer Form IFB-27-HHL-004

STATE OF HAWAI‘I

BID OFFER FORM FOR

CHAIN LINK FENCING AND GATES

INSTALLATION

SOUTH KOHALA DISTRIBUTION ROAD

PROPERTY

KAMUELA, ISLAND OF HAWAI‘I, HAWAI‘I

TAX MAP KEY

(1) 6-6-001:077

IFB No.: IFB-27-HHL-004

Chairman Hawaiian Homes Commission Department of Hawaiian Home Lands 91-5420 Kapolei Parkway Kapolei, Hawai‘i 96707

The undersigned has carefully examined, read, and understands the terms and conditions in the Notice to Bidders, Instructions for Bid Submittal, Plans and Specifications, Special Conditions attached hereto, DHHL Construction General Conditions, and General Conditions specified in the Invitation for Bids (IFB) No. IFB- 27-HHL-004. The State of Hawai‘i’s (State) Contract for Goods and Services Based on Competitive Sealed Bids AG-003 Rev. 6/22/2009, AG-008 103D 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-27-HHL-004 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 Hawai‘i Revised Statutes (HRS) Chapter 103, Part II, regarding public works and contracts.

3. In submitting this offer, the Offeror is not in violation of HRS Chapter 84, Standards of Conduct.

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)

□ A Hawai‘i business incorporated or organized under the laws of the State of Hawai‘i; OR

□ A Compliant Non-Hawai‘i business not incorporated or organized under the laws of the State of

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

State of incorporation:

Offeror is:

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

Federal ID No.:

Hawai‘i 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 IFB-27-HHL-004 to the Department of Hawaiian Home Lands.

CHAIN LINK FENCING AND GATES INSTALLATION –

SOUTH KOHALA DISTRIBUTION ROAD

IFB-27-HHL-004

BID PROPOSAL

ITEM

NO.

DESCRIPTION ESTIMATED

QUANTITY

QUANTITY

UNIT

UNIT

PRICE

TOTAL

1 Fence A: Install 6-foot chain link fencing, as called for in the Department of Public Works Standard Detail R-19, 6’ Chain Link Fence, in place complete.

530 Linear Feet $ $

2 Fence B: Install 6-foot chain link fencing, as called for in the Department of Public Works Standard Detail R-19, 6’ Chain

620 Linear Feet $ $

3 Fence C: Install 6-foot chain link

Department of Public Works Standard Detail R-19, 6’ Chain

170 Linear Feet $ $

4 Walk gates: Install 6-foot high chain link walk gates, as called for in the Department of Public Works Standard Detail R-20, in place complete.

5 Each $ $

5 Double swing gate: Install 6-foot high chain link double swing gate, 24’ wide, as called for in the Department of Public Works Standard Detail R-21A, Typical Double Swing Gate, in place complete.

1 Each $ $

6 Burial lot 1: Install 6-foot chain link fencing, as call for in the Department of Public Works Standard Detail R- 19, 6’ Chain Link Fence, in place complete.

(approximate)

Linear Feet $ $

ITEM

NO.

DESCRIPTION ESTIMATED

QUANTITY

QUANTITY

UNIT

UNIT

PRICE

TOTAL

7 Burial lot 2 : Install 6-foot chain link

Department of Public Works Standard Detail R-19, 6’ Chain Link Fence, in place complete.

1,160 (approximate)

Linear Feet

8 Burial lot 3: Install 6-foot chain link fencing, as called for in the Department of Public Works Standard Detail R-19, 6’ Chain Link Fence, in place complete.

(approximate)

Linear Feet

9 Allowance* 1 Allowance* $ 15,000 $ 15,000

* The unused portions of Allowance items shall remain with DHHL upon completion of the project. The Contractor shall not make a claim in the event DHHL chooses to delete any Allowance items from the Contract. The allowance amount shall be included in the Total Bid Price. Work paid from the allowance must be authorized in writing by the Contract Administrator before the work begins.

TOTAL $

TOTAL SUM BID =

Dollars ($ ).

The prices herein for the above items shall include all materials, labor, tools, equipment, machinery and all incidentals necessary, inclusive or exclusive 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.

The CONTRACTOR shall complete all work as specified or indicated in the Contract Documents on or before sixty (60) calendar days after receiving written Notice to Proceed, subject to extensions, as may be granted.

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, Hawai‘i Revised Statutes (HRS), who will be engaged by the Bidder on this project to perform the nature and scope of work indicated pursuant to Section 103D-302, HRS, 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

Hawai‘i Tax ID Number

Nature and Scope of Work to be Performed

(Add additional sheets if necessary)

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 of each Bidder will be adjusted to reflect the applicable preferences in accordance with Chapter 103D, HRS.

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.

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) In the event the Base Bid for all Bidders exceed the control amount, the Chairman reserves the right to negotiate with the lowest responsible and responsive bidder to award a contract within available funds.

OTHER CONDITIONS

1) The liquidated damages per working day for failure to complete the work on time have been determined and are noted in the Special Conditions of the sample contract.

2) By submitting this bid, the undersigned is declaring that his firm has not been assisted or represented on this matter by an individual who has, in a State capacity, been involved in the subject matter of this contract in the past one (1) year.

3) By submitting this bid, the undersigned is declaring that Bidder’s own organization will perform at least twenty percent (20%) of the contractor's work. For the purposes of this section, the Contractor's work is defined as: direct cost labor for contractor’s forces; direct cost materials installed by the contractor’s direct cost labor force; direct cost equipment, either owned or leased, used by the contractor’s direct cost labor force; and field overhead cost to include: field supervision, field office trailer (if any), field office equipment and supplies, etc.

4) Upon the acceptance of the bid by the Chairman, the undersigned must enter into and execute a contract for the same and furnish a Performance and Payment Bond, as required by law.

These bonds shall conform to the provisions of Sections 103D-324 and 325, HRS, and any law applicable thereto.

5) The quantities given herewith are approximate only and are subject to increase or decrease.

6) The estimated quantities shown for items for which a UNIT PRICE is asked for in this bid are only for the purpose of comparing on a uniform basis bids offered for the work under this contract. No claim shall be filed for anticipated profit or loss because of any difference between the quantities of the various classes of work done or the materials and equipment actually installed and the said estimated quantities. Payment on UNIT PRICE items will be made only for the actual number of units incorporated into the finished project at the contract

UNIT PRICE.

7) If the product of the UNIT PRICE BID and the number of units does not equal the total amount stated by the undersigned in the Bid for any item, it will be assumed that the error was made in computing the total amount. For the purpose of determining the lowest Bidder, the stated UNIT PRICE alone will be considered as representing the Bidder’s intention and the total amount bid on such items shall be considered to be the amount arrived at by multiplying the…