IFB D22 147 Solicitation.pdf

HAWAII STATE DEPARTMENT OF EDUCATION

PROCUREMENT AND CONTRACTS BRANCH

APRIL 21, 2022

INVITATION FOR BIDS

Number: IFB D22-147

SEALED BIDS

TO

FURNISH AND DELIVER

ONE (1) EPILOG FUSION PRO 36 LASER MACHINE AND ACCESSORIES

FOR

THE HAWAII STATE DEPARTMENT OF EDUCATION

AIEA HIGH SCHOOL

will be received through the State of Hawaii eProcurement System (HIePRO) at https://hiepro.ehawaii.gov/welcome.html until 4:30 p.m., Hawaii Standard Time (HST) on

MAY 03, 2022

Offerors interested in responding to this electronic solicitation must be registered on the HIePRO (https://hiepro.ehawaii.gov/welcome.html) in order to participate in this procurement. Registration is free.

Once registered, Offerors can login to view and respond to the HIePRO solicitation.

Questions relating to this solicitation may be directed to Shannon Koki, Procurement and Contracts Support Specialist, at telephone (808) 675-0130, via facsimile (808) 675-0133, or via email at shannon.koki@k12.hi.us.

https://hiepro.ehawaii.gov/welcome.html mailto:shannon.koki@k12.hi.us

OFFER PAGE

IFB D22-147 OF-1

ONE (1) EPILOG FUSION PRO 36 LASER MACHINE AND ACCESSORIES FOR

THE HAWAII STATE DEPARTMENT OF EDUCATION, AIEA HIGH SCHOOL

IFB D22-147

Chief Procurement Officer

State of Hawaii, Department of Education

Honolulu, Hawaii 96813

To Whom It May Concern:

The undersigned has carefully read and understands the terms and conditions specified in the Specifications, Special Conditions, and General Conditions attached hereto and hereby submits the following offer to perform the work specified herein, all in accordance with the true intent and meaning thereof. The undersigned further understands and agrees that by submitting this offer, 1) 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(s) submitted was/were independently arrived at without collusion.

The undersigned represents: (Check one only)

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

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

State of incorporation:

Offeror is:

☐ Sole Proprietor ☐Partnership ☐Corporation ☐Joint Venture ☐Other

Federal I.D. Number: Hawaii General Tax License I.D. Number

Date: Respectfully submitted:

Telephone Number:

Authorized (Original) Signature

Fax Number:

E-mail Address: * Exact Legal Name of Company (Offeror)*

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

ITEM

NUMBER

BID PRICE

1 $ -

2 $ -

3 $ -

4 $ -

5 $ -

6 $ -

TOTAL BID PRICE

By submitting a bid, Offeror certifies that the equipment offered meet or exceed all specifications listed in the solicitation.

The following offer is hereby submitted:

OFFEROR

*Bid Price shall include labor, delivery, warranty, training, equipment, materials, maintenance, overhead, profit, all applicable taxes and any other incidental and operational expenses incurred in the performance of all obligations hereunder. Bid price shall be the all-inclusive cost to the STATE and no other charges will be honored.

DESCRIPTION

Epilog Fusion Pro 36 Laser Machine

Rim-Style Rotary Attachment

Air Assist Pump

Vector Cutting Table

Task Plate

4.0 Lens

OFFER PAGE

IFB D22-147 OF-2

Wage Certificate (Rev. 01.05.2022)

WAGE CERTIFICATE

Subject:

Project Number IFB D22-147

Project Description One (1) Epilog Fusion Pro 36 Laser Machine and Accessories for the Hawaii State Department of Education, Aiea High School

Pursuant to §103-55, HRS, I hereby certify that, if awarded a contract in excess of $25,000.00, the services to be performed will be performed in accordance with the following conditions:

1. The services to be rendered shall be performed by employees paid at wages or salaries not less than wages paid to the public officers and employees for similar work, if similar positions are listed in the classification plan of the public sector.

Services Performed by Laborers and Mechanics:

The Contractor or the Contractor’s subcontractor shall give a copy of the rates of wages to each laborer and mechanic employed under the contract by the Contractor at the time each laborer and mechanic is employed; provided that the Contractor does not have to provide the Contractor’s employees the wage rate schedules where there is a collective bargaining agreement.

2. All applicable laws of the Federal and State governments relating to workers’ compensation, unemployment compensation, payment of wages, and safety will be fully complied with.

Contractor shall be obliged to notify its employees performing work under this contract of the provisions of §103-55, HRS, and the current wage rate for public employees performing similar work. The Contractor may meet this obligation by posting a notice to this effect in the Contractor’s place of business accessible to all employees, or the contractor may include such notice with each paycheck or pay envelope furnished to the employee

I understand that, in addition to the base wages required by §103-55, HRS, all payments required by Federal and State laws that employers must make for the benefit of their employees shall be paid.

Offeror

Signature

Title

Date

SPECIFICATION

IFB D22-147 S-1

SPECIFICATIONS

GENERAL SPECIFICATIONS

All equipment furnished and delivered shall be new, in perfect condition, of first quality as to workmanship and materials used, and designed specifically to provide its intended service and function. All equipment furnished shall include equivalent components and features as specified in the Specifications, owner-operator manual, warranty documents, service manual, parts manual, any other standard features not listed herein, and other informational literature as specified and/or as described in the manufacturer's published specifications and literature for the proper and safe operation of equipment.

All equipment offered shall be currently in production. Equipment shall contain only manufacturer's factory approved parts so as not to void any manufacturer's warranties. All equipment and parts offered shall meet Occupational Safety and Health Administration (OSHA) safety requirements and any other federal, state, and local safety requirements. The equipment offered shall also meet all applicable federal, state, and local electrical and fire codes. All equipment provided shall be manufactured to meet the latest version of applicable standards for their use.

LASER MACHINE AND OPTIONAL ACCESSORIES SPECIFICATIONS

ITEM 1: LASER MACHINE SPECIFICATIONS

Manufacturer/Model Epilog Fusion Pro 36

Laser Tube Wattage Dual Source: Minimum 60 Watts CO2 and 50 Watts Fiber

ITEMS 2 THROUGH 6: ACCESSORIES SPECIFICATIONS

Rim-Style Rotary Attachment Fusion Pro 36

Air Assist Pump Fusion Pro 36

Vector Cutting Table Slat-Style, Fusion Pro 36

Task Plate Fusion Pro 36

4.0 Lens 4-inch lens

TRAINING AND SERVICE MAINTENANCE PROGRAM

The equipment manufacture’s personal shall conduct a training and service maintenance program to demonstrate the proper and safe use of the equipment.

SPECIAL CONDITIONS

IFB D22-147 SC-1

GENERAL INFORMATION

1. Addenda and Interpretations

Discrepancies, omissions, or questions related to this solicitation shall be communicated in writing to the STATE, Department of Education, Procurement and Contracts Branch (PCB) via facsimile at (808) 675- 0133 or e-mail to shannon.koki@k12.hi.us for interpretation and must be received no later than seven (7) calendar days prior to the date fixed for the close of bids.

Interpretation(s) if any and any supplemental instructions will be in the form of written addenda that will be made available to all HIePRO registered Offerors prior to the date fixed for the close of bids. Failure of any Offeror to receive any such addenda or interpretations shall not relieve the Offeror of any obligation under this solicitation. All addenda issued shall be incorporated into the resulting contract.

2. Scope

Work under this agreement shall consist of Furnishing and Delivering One (1) Epilog Fusion Pro 36 Laser Machine and accessories to Aiea High School and shall be in accordance with these Special Conditions, the attached Specifications, and the General Conditions AG-008 (latest revision).

3. Contract Administrator

For purposes of this contract, David Tanuvasa, Aiea High School Principal or his successor, is designated Contract Administrator (CA). He can be contacted by telephone at 808-305-6500 or via e-mail at david.tanuvasa@k12.hi.us.

The CA is responsible for:

1. the terms, conditions, quantities, specifications, scope of services, other contract terms, and all decisions relating to the contract;

2. monitoring the CONTRACTOR’s work, documenting that CONTRACTOR maintains the required insurance coverage (if applicable), resolving contract disputes and discrepancies, evaluating the work of the CONTRACTOR, assuring the services or goods are delivered as required in the contract, and processing payment for services rendered; and

3. notifying STATE, Department of Education, PCB in the event of change in scope of work, change in the performance period, increase or decrease in total compensation, and/or changes in any other contract terms.

Notwithstanding the responsibilities set forth hereinabove, any coordination of services falling outside those articulated above shall remain with the head of the purchasing agency, as set forth in the attached General Conditions (see General Conditions, paragraph 1, entitled "Coordination of Services by the

STATE.").

The CA has designated Ken Kang, Aiea High School Tech Coordinator, as Point-of-Contact (POC) for this contract. As such, the POC should be the initial contact on all matters related to this contract. He can be contacted by telephone at 808-305-6555, via facsimile at 808-483-7303, or via e-mail at ken.kang@k12.hi.us.

4. Contract Period

This contract shall commence upon full execution of the contract and shall be completed within ninety

(90) calendar days, subject to availability of funds as specified in the General Conditions.

mailto:shannon.koki@k12.hi.us mailto:david.tanuvasa@k12.hi.us mailto:ken.kang@k12.hi.us

IFB D22-147 SC-2

OFFEROR INFORMATION

5. Offeror’s Authority to Bid

The STATE will not participate in determinations regarding an Offeror’s authority to sell a product or perform a service. If there are any questions or doubts regarding an Offeror’s right or ability to obtain and sell a product or to render a service, the Offeror should resolve those issues prior to submitting a bid. If the Offeror’s offer meets specifications and is acceptable and the bid price submitted is the lowest bid, the contract will be awarded to that Offeror.

6. Offeror Qualifications

In addition to meeting legal and any other requirements of this solicitation, Offeror must meet these qualifications to be considered for award.

Authorized Distributor At the time of bidding, Offeror shall be an authorized distributor or reseller of Epilog Fusion Pro 36 Laser Machine with at least three (3) years of previous experience in that capacity. As evidence of this, Offeror is requested to provide documentation from the manufacturer which verifies Offeror’s status as an authorized distributor.

Office Location Offeror shall have an office from where business is conducted and from where the company is accessible to telephone calls for complaints or requests that need immediate attention. An answering service is not acceptable.

Personnel Offeror shall designate at least one (1) employee as the STATE point of contact (POC) for this contract.

This individual shall be available during regular business hours, Monday through Friday excluding holidays, and shall be capable of answering questions, resolving problems, and providing sales, ordering, and follow-up assistance.

Offeror shall designate at least one (1) technician/engineer, trained and certified by Epilog Laser, to provide the installation and warranty support services.

Warranty Offeror shall include a standard manufacturer’s warranty. It shall warrant against defects in material and workmanship and against all design and manufacturing defects and shall include all parts, labor, and any associated shipping costs.

Failure on the Offeror's part to meet these requirements may result in rejection of bid. These requirements must remain in effect during the entire contract period. Failure to maintain these requirements may result in cancellation of award.

7. Responsibility of Offerors

Offeror is advised that if awarded a contract under this solicitation, Offeror must furnish proof of compliance with the requirements of §103D-310(c), HRS as a pre-requisite to receiving a contract:

IFB D22-147 SC-3

1. Chapter 237, General Excise Tax Law;

2. Chapter 383, Hawaii Employment Security Law;

3. Chapter 386, Workers’ Compensation Law;

4. Chapter 392, Temporary Disability Insurance;

5. Chapter 393, Prepaid Health Care Act; and

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

State.

Offeror should refer to the “Contract Execution” provision for further information regarding the above-mentioned requirements.

BID PREPARATION

8. Offer Page OF-1

Offeror is requested to submit the bid under the company’s exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable, and to indicate exact legal name in the appropriate space on Offer Page OF-1. Failure to do so may delay proper execution of the contract.

The authorized signature on the hard copy Offer Page OF-1 shall be an original signature in ink. Ink signatures are not required for electronic submission of a bid on HIePRO. The submission of the bid on HIePRO shall indicate the Offeror’s intent to be bound.

9. Taxable Transaction

Unless the HRS exempts a person from paying the applicable general excise tax, work to be performed under this solicitation is a business activity taxable under Chapter 237, HRS and Chapter 238, HRS, where applicable. Both out-of-state and Hawaii-based companies are advised that the gross receipts derived from this contract are subject to the general excise tax imposed by Chapter 237, HRS, at the current rate and, where applicable, to tangible property imported into the State of Hawaii for resale, subject to the applicable use tax imposed by Chapter 238, HRS.

Information on the Hawaii State Taxes administered by the Department of Taxation is available online at http://tax.hawaii.gov.

10. Tax Exempt Transaction

If, however, an Offeror is a person exempt by the HRS from paying the general excise tax and therefore not liable for the taxes on this solicitation, Offeror shall state its tax exempt status and cite the HRS chapter or section allowing the exemption.

For evaluation purposes, pursuant to §103D-1008, HRS, a tax-exempt bid submitted in response to a solicitation shall be increased by the applicable retail rate of general excise tax and the applicable use tax. Under no circumstance shall the dollar amount of the award include the aforementioned adjustment.

11. Bid Price

Unit Bid Price shall include labor, delivery, warranty, training, equipment, materials, maintenance, overhead, profit, all applicable taxes and any other incidental and operational expenses incurred in the performance of all obligations hereunder. Bid price shall be the all-inclusive cost to the STATE and no other charges will be honored. In case of error in extension of bid price, unit bid price shall govern.

Offeror must bid all items (1 through 6) to qualify for award.

http://tax.hawaii.gov/

IFB D22-147 SC-4

12. Authorized Distributor Offeror is requested to provide documentation from the manufacturer which verifies Offeror’s status as an authorized distributor.

14. Offeror Information

Offeror shall provide information regarding its status as an authorized distributor, office location, STATE’s point-of-contact, and technician/engineer on the applicable Exhibit Page.

15. Liability Insurance

Work included under this agreement requires the provision of liability and property damage insurance, to remain in full force and effect during the life of this contract. Offeror shall refer to Liability Insurance clause for additional information regarding this requirement. Accordingly, Offeror should consider these insurance requirements when preparing this bid.

16. Offer Guaranty

An offer guaranty (bid bond) is not required for this IFB.

17. Restrictive Specifications

Specifications for the item have been researched and found to meet all necessary requirements and set a standard of quality. In accordance with §3-122-13, HAR, the School has obtained approval to purchase this item using restrictive or brand name specification. It is the STATE, Department of Education’s intention to restrict Offerors to only the manufacturer named; other manufacturer’s products are not acceptable.

BID SUBMITTAL

18. Submission of Bid

Offers will be received through the State of Hawaii eProcurement System (HIePRO) Public Procurement Notices Website at https://hiepro.ehawaii.gov/welcome.html no later than the date and time stated on the HIePRO.

Submission of a bid shall constitute an incontrovertible representation by the Offeror of compliance with every requirement of this IFB, and that the IFB documents are sufficient in scope and detail to indicate and convey reasonable understanding of all terms and conditions of performance of the work.

Before submitting a bid, each Offeror must:

1. examine the solicitation documents thoroughly for defects and questionable or objectionable material. Solicitation documents include this IFB, any attachments, plans referred to herein, and any other relevant documentation. Comments must be submitted in writing and received by the STATE, Department of Education, PCB within seven (7) calendar days prior to the date fixed for the close of bids. This will allow for issuance of addenda, if necessary.

2. become familiar with State, local, and federal laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work.

All bids shall be made through the HIePRO (https://hiepro.ehawaii.gov/welcome.html) on the solicitation document(s) available on the HIePRO. Offers shall be completed in accordance with the solicitation instructions, and addenda, if any.

IFB D22-147 SC-5

The Specifications, Special Conditions, General Conditions and other documents referenced in or attached to the offer shall be considered a part of the offer submitted, whether or not attached to the offer at the time of submission. Such documents shall not be altered in any way; any alterations so made by the Offeror may result in rejection of the offer.

Offers will be received only until the hour and date set for the close of bids. Unless otherwise stated, Offeror shall submit only one (1) offer. If more than one offer is submitted, all offers shall be rejected for that item.

Hard copies of ALL ORIGINAL OFFER PAGES AND ANY OTHER APPLICABLE DOCUMENTS AS STATED IN THE SOLICITATION must also be received by the Hawaii State Department of Education, Procurement and Contracts Branch, 94-275 Mokuola Street, Room 200, Waipahu, Hawaii 96797, within five (5) working days after the bid closing date.

19. Confidential Information

If an Offeror believes that any portion of his proposal contains information that should be withheld as confidential, then the STATE, Department of Education, PCB should be so advised in writing.

Offeror shall request in writing nondisclosure of designated trade secrets or other proprietary data to be confidential. Such data shall accompany the bid, be clearly marked, and shall be readily separable from the bid in order to facilitate eventual public inspection of the non-confidential portion of the bid.

Pursuant to Section 3-122-58, Hawaii Administrative Rules (HAR), the head of the purchasing agency or designee shall consult with the Attorney General and make a written determination in accordance with Chapter 92F, Hawaii Revised Statutes (HRS). If the request for confidentiality is denied, such information shall be disclosed as public information, unless the person appeals the denial to the Office of Information Practices in accordance with Section 92F-42(12), HRS.

20. Certification of Independent Cost Determination

By submitting a bid in response to this solicitation, Offeror certifies as follows:

1. The costs in this IFB have been arrived at independently, without consultation, communication, or agreement with any other Offeror, as to any matter relating to such costs for the purpose of restricting competition.

2. Unless otherwise required by law, the costs which have been quoted in this IFB have not been knowingly disclosed by the Offeror prior to award, directly or indirectly, to any other Offeror or competitor prior to the award of the contract.

3. No other attempt has been made or will be made by the Offeror to indicate any other person or firm to submit or not to submit for the purpose of restricting competition.

21. Acceptance of Bid

Acceptance of bid, if any, will be made within sixty (60) calendar days after the close of bids and the prices quoted by the Offeror shall remain firm for the sixty day period.

BID EVALUATION

23. Disqualification of Offers

Any one or more of the following causes will be considered as sufficient for disqualification of the offer:

1. Hard copy offer not signed by an authorized individual.

IFB D22-147 SC-6

2. More than one offer from an individual, firm, corporation or joint venture under the same or different names.

3. Evidence of collusion among Offerors or prices obviously unbalanced, lack of responsibility and cooperation as shown by past work, being in arrears on existing contracts with the State of Hawaii, or defaulting on previous contract(s).

4. Lack of proper equipment and/or sufficient experience to perform the work contemplated.

5. Offer received after specified deadline for close of offers.

6. Evidence of any noncompliance with any applicable law, any unauthorized additions or deletions, of submission of conditional offer, incomplete offer, or irregularities of any kind which may make the offer incomplete, indefinite, or ambiguous as to its meaning.

24. Method of Award

Award, if made, shall be to the responsive, responsible Offeror submitting the lowest Total Bid Price for Items 1 through 6. However, if the Total Bid of the qualified low offer exceeds allotted funds, the STATE shall have the option to delete items to allow award to be made within the allotted funds. Offeror must bid on all items to qualify for award.

25. Protest

Pursuant to §103D-701, HRS and §3-126, HAR, “Legal and Contractual Remedies”, an actual or prospective offeror who is aggrieved in connection with the solicitation or award of a contract may submit a protest. Any protest shall be submitted in writing to the Hawaii State Department of Education’s Chief Procurement Officer, c/o the Procurement Office at the Waipahu Civic Center, 94-275 Mokuola Street, Room 200, Waipahu, Hawaii 96797.

A protest shall be submitted in writing within five (5) working days after the aggrieved person knows or should have known of the facts giving rise thereto; provided that a protest based upon the content of the solicitation shall be submitted in writing prior to the date set for receipt of offers. Further provided that a protest of an award or proposed award shall be submitted within five (5) working days after the posting of award of the contract.

The notice of award(s), if any, resulting from this solicitation shall be posted on the HIePRO and shall be posted on the Hawaii Awards and Notices Data System (HANDS) website at https://hands.ehawaii.gov/hands/awards.

CONTRACT EXECUTION

26. Contract Award

CONTRACTOR receiving award(s) of $25,000 or more shall be required to enter into a formal written contract. Performance bonds are not required for this IFB. Upon execution of contract, the STATE, Department of Education will issue a fully executed copy to the CONTRACTOR. No work will be undertaken by the CONTRACTOR prior to the commencement date specified on the contract. The STATE is not liable for any work, contract costs, expenses, loss of profits, or any damages whatsoever incurred by the CONTRACTOR prior to official starting date.

27. Responsibility of CONTRACTOR

CONTRACTOR shall furnish proof of compliance with these requirements of §3-122-112, HAR:

IFB D22-147 SC-7

1. Chapter 237, General Excise Tax Law;

2. Chapter 383, Hawaii Employment Security Law;

3. Chapter 386, Workers’ Compensation Law;

4. Chapter 392, Temporary Disability Insurance;

5. Chapter 393, Prepaid Health Care Act; and

6. One of the following:

1. Be registered and incorporated or organized under the laws of the State of Hawaii

(hereinafter referred to as a “Hawaii business”); or

2. Be registered to do business in the State of Hawaii (hereinafter referred to as a

“compliant non-Hawaii business”).

The CONTRACTOR may demonstrate compliance by submitting an original consolidated CERTIFICATE OF VENDOR COMPLIANCE as issued by the State Procurement Office via the online system, “Hawaii Compliance Express.” Detailed information about the system and regarding this online application process can be viewed at: http://vendors.ehawaii.gov

28. Hawaii Compliance Express.

A Certificate of Vendor Compliance may be obtained through the Hawaii Compliance Express (HCE).

This service allows CONTRACTORs to register online through a simple wizard interface at http://vendors.ehawaii.gov . The Certificate of Vendor Compliance provides current compliance status as of the issuance date, satisfies requirements of Chapter 103D-310(c), HRS, and is therefore acceptable for contracting purposes. CONTRACTORs that elect to use HCE services are required to pay an annual fee of (at least) twelve dollars ($12.00) to the Hawaii Information Consortium, LLC dba NIC Hawaii (NIC).

29. Timely Submission of All Certificates

The above certificates should be applied for and submitted to the STATE, Department of Education, PCB as soon as possible. If a valid certificate is not submitted on a timely basis for award of a contract, an offer otherwise responsive and responsible may not receive the award.

30. Failure to Execute Contract

Normally, award shall be made within sixty (60) calendar days after the close of bids but in no case will award be made until all necessary investigations are made. After award is made, failure on the CONTRACTOR’s part to execute a contract as required within ten (10) calendar days (or such further time as the Superintendent may allow) after the Offeror has received the contract for execution shall be just cause for the annulment of the award. The Superintendent reserves the right to cancel or reject this solicitation or all offers in whole or in part when it is in the best interest of the STATE or to award the contract to the next lowest Offeror or may publish another call for tenders, if the lowest bid is non-responsive to the STATE’s needs.

31. Availability of Funds

This contract is subject to the availability of funds. Pursuant to Section 103D-309, HRS, except in certain instances, no contract entered into between the STATE and the CONTRACTOR shall be binding or of any force unless the Chief Financial Officer (CFO) certifies that there is an available unexpended appropriation or balance of an appropriation over and above all outstanding contracts sufficient to cover the amount required by the contract.

If the contract calls for performance or payment in more than one fiscal year (July 1 to June 30), the CFO may certify only that portion of the total funds allocated to satisfy the STATE’s obligations for payments in the current fiscal year. In that event, the STATE will not be liable for the unpaid balance beyond the end of the current fiscal year, and availability of funds in excess of the amount certified shall be contingent upon future appropriations or special fund revenues. All partially-funded contracts shall be enforceable http://vendors.ehawaii.gov/

IFB D22-147 SC-8

only to the extent that funds are certified as available. The STATE agrees to notify the CONTRACTOR of such non-allocation at the earliest possible time. The STATE shall not be penalized in the event this provision is exercised. This provision is not meant to permit the STATE to terminate the contract in order to acquire similar equipment from a third party.

32. Liability Insurance

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

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

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

● Commercial General Liability: $2,000,000 aggregate (Occurrence Form) $1,000,000 combined single limit per occurrence for bodily injury and property damage.

Workers’ Compensation: The CONTRACTOR shall maintain workers’ compensation and employer’s liability insurance that comply with statutory limits.

● Automobile Liability: $1,000,000 per accident

(Combined Single Limit)

General liability and automobile liability policies required by this contract, including a subcontractor's policy, shall contain the following clause:

1) "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."

2) “The State of Hawaii is added as an additional insured as respects to operations performed for the State of Hawaii.”

The minimum insurance required shall be in full compliance with the Hawaii Insurance Code throughout the entire term of the contract, including supplemental agreements. Each insurance policy shall be written by 1) an insurance company licensed to do business in the State of Hawaii, or 2) if not licensed by the State of Hawaii, an insurance company which meets §431:8-301, Hawaii Revised Statutes.

Upon CONTRACTOR’s execution of the contract, the CONTRACTOR agrees to deposit with the STATE 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, CONTRACTOR shall be responsible for furnishing a copy of the policy(ies).

IFB D22-147 SC-9

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 herein.

The procuring of such required insurance shall not be construed to limit CONTRACTOR's liability hereunder nor to fulfill the indemnification provisions and requirements of this contract. Notwithstanding said policy(ies) of insurance, CONTRACTOR shall be obligated for the full and total amount of any damage, injury, or loss caused by the CONTRACTOR, its employees, officers, or agents, in connection with this Contract.

CONTRACTOR shall notify the STATE, via written notice within twenty-four (24) hours should any of the insurance policies evidenced on its Certificate of Insurance form be cancelled, limited in scope, or not renewed upon expiration.

PERFORMANCE OF CONTRACT

33. Authority of the STATE, Department of Education

The STATE, Department of Education shall decide all questions which may arise as to the work performed, as to the manner of such performance, as to the interpretation of any term, condition or provision, as to the applicability and interpretation of any law, rule or regulation, policies and procedures, as to compensation, or additional reason to service, and as to any other matter which may arise under the contract. The decision of the STATE, Department of Education in such matters shall be final provided that decision is not in violation of law and not arbitrary, capricious or characterized by abuse of discretion.

34. Delivery

Delivery of the equipment shall include “to the door delivery” and delivered to the specified delivery address within ninety (90) days from the date of full contract execution.

Delivery address is as follows:

Aiea High School/Technology Department 98-1276 Ulune Street Aiea HI 96701

At least one (1) day prior to delivery, the CONTRACTOR shall contact the CA, or his designated representative to coordinate specific delivery arrangements. Representatives from both the CONTRACTOR and STATE shall be present at the delivery site for visual inspection.

CONTRACTOR shall deliver, set in place, remove, and dispose of all pallets, crating material and packing debris. CONTRACTOR will not be allowed to use the STATE refuse dumpsters for disposal.

Upon delivery, CONTRACTOR shall schedule, at the request of the STATE, a training and service maintenance program conducted by the equipment manufacturer’s personnel to demonstrate the proper and safe use of the equipment.

The CONTRACTOR shall be responsible for the equipment until delivered and accepted by the authorized STATE personnel.

35. Extension of Delivery

CONTRACTOR shall complete delivery within the time allowed. However, CONTRACTOR will not be held responsible for unforeseen delays due to valid reason beyond his control, provided he submits written notification with justification of such delays prior to the delivery service.

IFB D22-147 SC-10

The notification shall be sent to:

Hawaii State Department of Education Aiea High School 98-1276 Ulune Street Aiea, HI 96701 attn.: Ken Kang

And shall include:

● IFB Number and Contract Number;

● Documentation evidencing that the delay was, in fact, due to reasons beyond the

CONTRACTOR’s control; and

● New Delivery Date

No delivery extension will be considered without proper documentation.

36. Exclusion of Specific Workers

The STATE reserves the right to require the CONTRACTOR to remove an employee, agent, subcontractor or volunteer (Worker) from performing work under this contract. The Contract Administrator shall notify the CONTRACTOR in writing and this exclusion of a specific Worker(s) shall take effect as indicated on the notice. The CONTRACTOR may appeal this decision to the Contract Administrator, in writing within ten (10) working days of receipt of the notice. Removal of the employee, agent, subcontractor or volunteer shall remain in effect pending the outcome of the appeal. This provision shall not infringe upon the right of the CONTRACTOR to employ the removed individual, but shall apply to any work requiring interaction with the STATE, its employees or students.

37. Records Retention

Should the CONTRACTOR be aware of or be made aware of any dispute, disagreement, or request relating to the files, books, or records prior to their destruction, the CONTRACTOR shall retain the files, books, and records until said dispute, disagreement, or request has been fully resolved, including any potential lawsuits or appeals. Said files, books, and records may thereafter be destroyed upon obtaining the agreement of the STATE.

PAYMENT

38. Invoicing

CONTRACTOR shall submit original invoice to the following address:

Hawaii State Department of Education Aiea High School 98-1276 Ulune Street Aiea, HI 96701

Invoice should reference both the contract number and the solicitation number.

Upon delivery of items, CONTRACTOR shall forward an original and one (1) copy of invoice(s) directly to the individual location designated on the purchase order.

39. Payment

Section 103-10, HRS, provides that the STATE shall have thirty (30) calendar days after receipt of invoice or satisfactory completion of contract to make payment. For this reason, the STATE may reject any bid submitted with a condition requiring payment within a shorter period. Further, the STATE may reject any

IFB D22-147 SC-11

bid submitted with a condition requiring interest payments greater than that allowed by §103-10, HRS, as amended.

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

The final payment on the contract shall be for services rendered during the billing period just prior to the contract anniversary date.

The following shall accompany the final payment invoice:

a) A valid (not over 2 months old) and original Tax Clearance Certificate (TCC) must accompany the final payment invoice. In accordance with Section 103-53, HRS, all CONTRACTORs must provide a TCC from the State of Hawaii Department of Taxation and the U.S. Internal Revenue Service as a prerequisite to receipt of final payment.

b) The Certification of Compliance for Final Payment (DOE Form-22) with an original signature of an authorized representative of the CONTRACTOR.

c) In lieu of the above, CONTRACTOR may submit an original Certificate of Vendor Compliance as issued by the State Procurement Office via an online system, also referred to as “Hawaii Compliance Express”. Details regarding this online application process can be viewed at: http://vendors.ehawaii.gov/hce/.

APPROVALS

40. State’s General Conditions

The Special Conditions shall serve to supplement the General Conditions; both documents remain part of the contract with full force and effect. In the case of a conflict between the General Conditions and Special Conditions, the Special Conditions shall control to the extent necessary to resolve the conflict.

41. 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.

http://vendors.ehawaii.gov/hce/

EXHIBIT A EX A-1

IFB D22-147

EXHIBIT A

OFFEROR INFORMATION

The following offer is hereby submitted:

A. Authorized Distributor:

At the time of bidding, Offeror shall be an authorized distributor or reseller of Epilog Fusion Pro 36 Laser Machine with at least three (3) years of previous experience in that capacity. As evidence of this, Offeror is requested to provide documentation from the manufacturer which verifies Offeror’s status as an authorized distributor

Official Documentation Attached YES

Number of Years’ Experience

B. Office Location

Offeror shall have an office from where business is conducted and from where the company is accessible to telephone calls for complaints or requests that need immediate attention. An answering service is not acceptable.

Company Name

Address

C. Personnel

Offeror shall designate at least one (1) employee as the STATE point of contact (POC) for this contract.

This individual shall be available during regular business hours, Monday through Friday excluding holidays, and shall be capable of answering questions, resolving problems, and providing sales, ordering, and follow-up assistance.

Point of Contact (POC) Name

POC Telephone Number

Offeror shall designate at least one (1) technician/engineer, trained and certified by Epilog Laser, to provide the installation and warranty support services.

At least one (1) certified technician/engineer

YES

D. Warranty

Offeror shall include a standard manufacturer’s warranty. It shall warrant against defects in material and workmanship and against all design and manufacturing defects and shall include all parts, labor, and any associated shipping costs.

Standard Warranty Included YES

Offeror:

AG-008 103D General Conditions 1

GENERAL CONDITIONS

Table of Contents

Page(s)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

42. Confidentiality of Personal Information

AG-008 103D General Conditions 2

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…