IFB D23 103 Solicitation.pdf

HAWAII STATE DEPARTMENT OF EDUCATION

PROCUREMENT AND CONTRACTS BRANCH

FEBRUARY 28, 2023

INVITATION FOR BIDS

Number IFB D23-103

SEALED BIDS

TO

FURNISH AND DELIVER AIR PURIFIERS WITH REPLACEMENT FILTERS

FOR THE HAWAII STATE DEPARTMENT OF EDUCATION

HOLOMUA ELEMENTARY 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

MARCH 14, 2023

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 Rodney Ben, Procurement and Contracts Support Specialist, at telephone (808) 675-0130, via facsimile (808) 675-0133, or via email at rodney.ben@k12.hi.us https://hiepro.ehawaii.gov/welcome.html mailto:rodney.ben@k12.hi.us

OFFER PAGE

IFB D23-103 OF-1

FURNISH AND DELIVER AIR PURIFIERS WITH REPLACMENT FILTERS FOR THE

HAWAII STATE DEPARTMENT OF EDUCATION HOLOMUA ELEMENTARY SCHOOL

IFB D23-103

Chief Procurement Officer Hawaii State 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) the undersigned is declaring the undersigned’s offer is not in violation of Chapter 84, Hawaii Revised Statutes, concerning prohibited State contracts, and 2) the undersigned 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, and, if applicable, 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:

Payment address (other than street address below):

City, State, Zip Code:

Business address (street address):

City, State, Zip Code:

Date: Respectfully submitted:

Phone Number:

Authorized (Original) Signature Fax Number:

Name and Title (Type or Print)

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

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

OFFER PAGE

IFB D23-103 OF-2

The following offer is hereby submitted: Offeror:

Quantity Unit Bid Price Total Bid PriceDescription Air Purifier Brand Name and Model Number (A) (B) (A x B)

Air Purifier with 4 years of 60 $ - $ - replacement filters

Unit Bid Price shall be the all-inclusive cost to the STATE. Refer to IFB Special Conditions Number 11, Bid Price

Catalog Cut Sheets Offeror is requested to provide catalog cut sheets with their offer. Refer to IFB Special Conditions Number 13, Brochures and/or Specifications Literature.

SPECIFICATIONS

IFB D23-103 S-1

1. 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 Technical 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. The STATE retains the right to be the sole judge as to whether equivalency to the Technical Specifications has been proven and whether alternates will be accepted. All “or equal” components must be supported by corresponding manufacturer warranty.

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.

2. TECHNICAL SPECIFICATION

A. Air Purifier

Brand: Smart Air Blast Mini, Alen BreatheSmart 75i, Coway AirMega 400 or Equal

• Standalone air purifier

• Noise Level (decibels): Less than 60 (Highest setting)

• Clean Air Delivery Rate (CADR): 450 minimum

• Air Exchange Rate (ACH): 3 minimum

• Filter Type: True HEPA

B. Replacement Filters

Manufacturer Approved Replacement Filters: Filters must not change the technical specifications of the Air purifier listed above.

• Filter Type: True HEPA

• Disposable

• Air Purifiers will be in use during regular school hours, 7:45 a.m. to 4:30 p.m., Monday through Friday excluding holidays.

• Four (4) years of replacement filters based on usage and manufacture’s filter change frequency,

3. DELIVERY

All goods under the contract shall include “to the door delivery” and delivered to the specified delivery address within ninety (90) days from the date of full contract execution. Upon delivery, the Contract Administrator (CA) or Point-of-Contact (POC) will conduct an inspection of goods delivered; inspection will be completed within one (1) week of delivery. CONTRACTOR shall correct any deficiencies within one (1) week of the STATE’s notification.

IFB D23-103 S-2

Delivery address is as follows:

Hawaii State Department of Education Holomua Elementary School 91-1651 Keaunui Drive Ewa Beach, HI 96706 Attention: Joyce Yang

CONTRACTOR shall coordinate delivery with CA and/or POC.

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

4. WARRANTY

All equipment provided shall be new, in normal working condition and in accordance with the manufacturer's specifications. The CONTRACTOR shall include at minimum one (1)-year standard manufacturer’s warranty on all equipment provided. The manufacturer’s warranty 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.

During the warranty period, CONTRACTOR shall replace or repair any defective workmanship and/or materials with equal or better parts and at no cost to the STATE for parts and labor, provided such defects are not due to abuse or negligence on the part of the STATE.

In order not to void the warranty, only parts that are manufacturer-authorized shall be used in warranty repair. All parts shall be of new manufactured condition. Reconditioned parts will not be acceptable. For any parts deemed user replaceable, all shipping charges will be covered by the warranty.

Technical service shall also be provided under the warranty should the equipment need servicing due to difficulties. Full service maintenance shall be available at a facility on the island of Oahu.

5. DEFECTIVE OR DAMAGED EQUIPMENT

Damaged or rejected equipment must be immediately removed from the site and replaced with equipment of the quality required by these specifications. The CONTRACTOR shall immediately replace damaged or rejected equipment that are not due to abuse, misuse, or negligence on the part of the STATE and replace them with equipment of the required quality. Failure to replace or to remove any rejected equipment shall not relieve the CONTRACTOR from the responsibility imposed upon him by the contract.

No payment, whether partial or final, shall be construed to be an acceptance of defective work.

The STATE may, at any time and by written order, stop specific equipment not conforming to these specifications. The stop order shall not relieve CONTRACTOR of the obligation to complete the contract within the contract time limits, nor shall it in any way terminate, cancel or abrogate the contract or any part thereof.

SPECIAL CONDITIONS

IFB D23-103 SC-1

GENERAL INFORMATION

1. Addenda and Interpretations

Discrepancies, omissions, or questions related to this solicitation shall be communicated in writing to the Hawaii State Department of Education, Procurement and Contracts Branch (PCB) via facsimile at (808) 675-0133 or e-mail to rodney.ben@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 air purifiers with replacement filters for the Hawaii State Department of Education Holomua Elementary 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, Joyce Yang, Vice Principal or the Vice Principal’s successor, is designated Contract Administrator (CA). The CA can be contacted by telephone at 808-685-9100, via facsimile at 808-685-2003, or via e-mail at joyce.yang@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 the Hawaii 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 Christopher Bonilla, Principal as Point-of-Contact (POC) for this contract. As such, the POC should be the initial contact on all matters related to this contract. The POC can be contacted by telephone at 808-685-9100, via facsimile at 808-685-2003, or via e-mail at christopher.bonilla@k12.hi.us.

IFB D23-103 SC-2

4. Contract Period

This contract shall commence upon full execution of the contract and delivery shall be completed within ninety (90) days of execution of contract, subject to availability of funds as specified in the General Conditions and the manufacturer’s warranty.

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.

A. Authorized Distributor or Reseller

At the time of bidding, Offeror shall be an authorized distributor or reseller for air purifiers and replacement filters. As evidence of this, Offeror may be requested to provide documentation from the manufacturer which verifies Offeror’s status as an authorized distributor or reseller.

B. 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, 7:45 a.m. to 4:30 p.m.

Hawaii Standard Time (HST), Monday through Friday excluding holidays, and shall be capable of answering questions, resolving problems, and providing sales, ordering, and follow-up assistance.

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:

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.

IFB D23-103 SC-3

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, equipment, materials, maintenance, transportation, overhead, profit, all applicable taxes and any other incidental and operational expenses incurred in the performance of all obligations hereunder. Unit 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 Total Bid Price, Unit Bid Price shall govern.

12. Brand Name and Model Number

Offeror shall provide the exact name of the brand, the model number, and/or other identifier(s) of the product offered. Failure to do so or indicating remarks such as “as specified” shall be sufficient grounds for rejection of the offer.

If additional space is needed to provide complete product identification, Offeror may attach a separate sheet for that purpose.

If any of the called-for elements of product identification are missing on the Offeror page, the STATE will be unable to determine acceptability of the product(s) offered and whether the Offeror is responsive for the item(s) offered. Offeror shall not be allowed to clarify the item or product identification after the bid opening. This is to ensure all offers are submitted under the same conditions with no opportunity for one Offeror having an advantage over another Offeror after exposure of offers.

http://tax.hawaii.gov/

IFB D23-103 SC-4

13. Brochures and/or Specifications Literature

Offeror shall provide manufacturer's brochures and/or specifications literature for all products offered.

Brochures and/or specifications literature shall be attached to Offerors bid.

Upon request, Offeror shall provide, at Offeror’s own expense and within three (3) working days from the STATE's request, additional information necessary to verify acceptability of products offered. Failure to comply with these requirements may result in rejection of bid.

14. Authorized Distributor or Reseller

Offeror may be requested to provide documentation from the manufacturer which verifies Offeror’s status as an authorized distributor or reseller. Offeror shall provide documentation with their Exhibit A within three (3) working days from the STATE’s request.

15. Offeror Information

Offeror shall provide information regarding its STATE’s point-of-contact on the Exhibit A. Exhibit A shall be provided within three (3) working days from STATE’s request.

16. 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 the Liability Insurance clause for additional information regarding this requirement. Accordingly, Offeror should consider these insurance requirements when preparing their offer.

17. Offer Guaranty

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

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 Hawaii State Department of Education, PCB no later than 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.

IFB D23-103 SC-5

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.

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 Offeror’s proposal contains information that should be withheld as confidential, then the Hawaii 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.

IFB D23-103 SC-6

BID EVALUATION

22. 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.

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.

23. Method of Award

Award, if made, shall be to the responsive, responsible Offeror submitting the lowest Total Bid Price.

In case of error in the extension of the total bid price, the Unit Bid Price shall govern.

24. 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

25. 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 Hawaii 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.

https://hands.ehawaii.gov/hands/awards

IFB D23-103 SC-7

26. Responsibility of CONTRACTOR

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

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.

27. 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).

28. Timely Submission of All Certificates

The above certificates should be applied for and submitted to the Hawaii 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.

29. 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.

30. 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.

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

IFB D23-103 SC-8

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 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.

31. 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 the CONTRACTOR’s 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 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, 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.

● 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 D23-103 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

32. Authority of the Hawaii State Department of Education

The Hawaii 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 Hawaii 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.

33. Delivery

Deliveries shall be made to Holomua Elementary School. CONTRACTOR is required to deliver all items outstanding at the end of the contract period if order was received during the contract period.

Refer to Specifications for additional Delivery requirements.

34. 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 the CONTRACTOR’s control, provided the CONTRACTOR submits written notification with justification of such delays prior to the delivery service.

The notification shall be sent to:

Hawaii State Department of Education Holomua Elementary School 91-1651 Keaunui Drive Ewa Beach, HI 96706 Attention: Joyce Yang

And shall include:

1. IFB Number and Contract Number;

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

CONTRACTOR’s control; and

3. New Delivery Date

No delivery extension will be considered without proper documentation.

IFB D23-103 SC-10

35. Relief Available to STATE

In addition to all rights and remedies available to the STATE provided in this Contract or otherwise provided under law, if the CONTRACTOR is in non-compliance with contract requirements, the STATE may:

1. Suspend Payments – Temporarily withhold or disallow all or part of the billing cost and/or payments pending correction of a deficiency or a non-submission of a required deliverable by the

CONTRACTOR.

2. Suspend Referrals – Suspend referrals to the CONTRACTOR should the CONTRACTOR fail to comply with any of the requirements or other term(s) or condition(s) of this Contract and, further, the STATE may maintain the suspension of referrals until such time as the deficiency or non-compliance is corrected and the CONTRACTOR’s corrective actions are determined to be acceptable by the STATE.

3. Seek Reimbursement – Seek reimbursement from the CONTRACTOR or withhold future payments for any funds paid to the CONTRACTOR subsequent to a determination that such was unauthorized, fraudulently obtained, or inappropriately billed.

4. Seek Market Value – In the event the CONTRACTOR fails, refuses or neglects to perform the services in accordance with the requirements of these Special Conditions, the Scope of Services or the General Conditions, the STATE reserves the right to purchase, in the open market, a corresponding quantity of the services specified herein and to deduct from any monies due or that may thereafter become due to the CONTRACTOR, the difference between the price named in the contract and the actual cost to the STATE. In case any money due the CONTRACTOR is insufficient for said purpose, the CONTRACTOR shall pay the difference upon demand from the STATE. The STATE may also utilize all other remedies provided by law.

36. Confidentiality Obligations

In the course of performing under this agreement, the CONTRACTOR will receive, be exposed to or acquire confidential information, which may include but not be limited to, names, addresses, telephone numbers, birthdates, social security numbers, medical information, and other employment information, written or oral, fixed in hard copy or contained in any computer database or computer readable form (hereinafter referred to as “Confidential Information”). The CONTRACTOR, including its employees, agents, representatives, and assigns (i) shall not disclose to any third party any Confidential Information, except as specifically permitted by the STATE, (ii) shall only permit use of such Confidential Information by employees, agents, representatives, and assigns having a need to know in connection with performance under this agreement, and (iii) shall advise each of their employees, agents, representatives, and assigns of their obligations to keep such Confidential Information confidential in compliance with all relevant state and federal laws.

CONTRACTOR, its employees, agents, representatives, or assigns shall ensure the security of the Confidential Information. The CONTRACTOR shall provide the STATE with a list of individuals (by name and position) (hereinafter referred to as “Authorized Handlers”) who are authorized to handle the Confidential Information. Authorized Handlers shall ensure the security of the Confidential Information.

Only Authorized Handlers shall have access to the Confidential Information, which will be kept on password protected computers with the hard copy documents kept in a locked file cabinet.

CONTRACTOR shall ensure that procedures exist to prohibit access to the Confidential Information by anyone other than an Authorized Handler.

CONTRACTOR may not share data received under this agreement with any other entity without the prior written approval of the STATE.

IFB D23-103 SC-11

CONTRACTOR will be responsible for safeguarding the confidentiality of all personal records it receives from the STATE and shall safeguard and protect such documents from unauthorized use, handling, or viewing. CONTRACTOR shall be liable to the STATE and the employee of the STATE, Department of Education whose records the CONTRACTOR receives custody of under this Contract for records protection for any unpermitted release, viewing, or loss of such records. CONTRACTOR shall assume liability responsibility for records protection and for the inappropriate or unlawful release of Confidential Information. CONTRACTOR shall return all documents containing Confidential Information upon completion of the services CONTRACTOR is contracted to provide under this agreement.

37. 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.

38. 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

39. Invoicing

CONTRACTOR shall submit original invoice to the following address:

Hawaii State Department of Education Holomua Elementary School 91-1651 Keaunui Drive Ewa Beach, HI 96706 Attention: Christopher Bonilla

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

40. 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 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.

IFB D23-103 SC-12

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:

1. 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.

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

3. 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

41. 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.

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

Offeror:

EXHIBIT A

IFB D23-103 EX A-1

EXHIBIT A

OFFEROR INFORMATION

Offeror shall provide the Exhibit A, including attachments if applicable, within three (3) business days from STATE’s request.

A. AUTHORIZED DISTRIBUTOR OR RESELLER

At the time of bidding, Offeror shall be an authorized distributor or reseller for air purifiers and replacement filters. As evidence of this, Offeror may be requested to provide documentation from the manufacturer which verifies Offeror’s status as an authorized distributor or reseller.

Authorized Distributor or Reseller ☐ Yes Documentation Attached

D. PERSONNEL

Offeror shall designate at least one (1) employee as the STATE POC for this contract. This individual shall be available during regular business hours, 7:45 a.m. to 4:30 p.m. HST, Monday through Friday excluding holidays, and shall be capable of answering questions, resolving problems, and providing sales, ordering, and follow-up assistance.

POC Name

Office Telephone Number

Cell Number

Fax Number

Email Address

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. ..............................................................................................................