IFB D24 147 Solicitation.pdf

HAWAII STATE DEPARTMENT OF EDUCATION

PROCUREMENT AND CONTRACTS BRANCH

April 19, 2024

INVITATION FOR BIDS

Number IFB D24-147

SEALED BIDS

TO

DELIVER AND INSTALL FOUR (4) FIBERGLASS RACEWAY TANKS

FOR

THE HAWAII STATE DEPARTMENT OF EDUCATION

WAIANAE 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 7, 2024

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 Janice Selga, Procurement and Contracts Support Specialist, at telephone (808) 675-0130, via facsimile (808) 675-0133, or via email at janice.selga@k12.hi.us.

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

DELIVER AND INSTALL FOUR (4) FIBERGLASS RACEWAY TANKS FOR THE HAWAII STATE

DEPARTMENT OF EDUCATION WAIANAE HIGH SCHOOL

IFB D24-147

IFB D24-147 OF-1

OFFER PAGE OF-1

Exact Legal Name of Offeror, including “dba” or “division” of a corporation (furnish the exact legal name of the entity under which an awarded contract, if any, will be executed):

Address:

Principal Place of Business

(may not be a P.O. Box):

Mailing Address (only if different):

Payment Address (only if different)

Offeror’s Primary Contact Person:

Name

Title

Telephone Number Fax Number

Email Address

Federal Tax Identification Number:

State of Hawaii General Excise Tax License Number:

Type of Business Entity (check one):

Sole Proprietor Partnership Corporation Joint Venture Limited Liability Company Other

If other than a Sole Proprietorship:

Offeror is either:

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

A Compliant Non-Hawaii business incorporated or organized under the laws of the State of on (date) _____________, and, if applicable, registered with the State of Hawaii Department of Commerce and Consumer Affairs Business Registration Division to do business in the State of Hawaii.

Names of all Offeror’s parent, affiliate and subsidiary organizations:

The undersigned has carefully read and understands the terms and conditions specified herein and hereby submits the following offer to provide the goods and/or perform the work specified herein, all in accordance with the true intent and meaning thereof, and further that the Offeror shall comply with all terms, conditions and requirements of the solicitation. 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.

Authorized (Original in ink) Signature Name (printed)

Title Date

The following offer is hereby made:

Description Quantity

(A)

Unit Bid Price

(B)

Total Bid Price

(A) x (B)

Fiberglass Raceway Tank 4 -$

Offeror:

IFB D24-147 OF-2

SPECIFICATIONS

IFB D24-147 S-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.

All 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.

TECHNICAL SPECIFICATIONS

FIBERGLASS RACEWAY TANK TECHNICAL SPECIFICATIONS

BASE CONFIGURATION

Tank Volume Minimum Volume: seven thousand (7,000) gallons Maximum Volume: seven thousand five hundred (7,500) gallons

Build Volume

Minimum Length Size: thirty (30) feet Maximum Length Size: thirty-five (35) feet

Minimum Width Size: twelve (12) feet Maximum Width Size: fifteen (15) feet

Minimum Depth (with Dividing Wall): three (3) feet Maximum Depth (with Dividing Wall): four (4) feet

Fiberglass Thickness Minimum Thickness: 0.25 inches Maximum Thickness: 0.75 inches

Center Divider Minimum: three (3) inches thick Maximum: four (4) inches thick

Outward Flange Minimum: six (6) inches Maximum: eight (8) inches

Structural Fins Minimum: eighteen (18) inches Maximum: twenty (20) inches

IFB D24-147 S-2

One (1) Floor Drain Minimum: two (2) inches Maximum: three (3) inches

Gel Coated All surfaces to be gel coated.

Warranty Minimum Standard One (1) Year

DELIVERY AND INSTALLATION

All goods under the contract shall include “to the door delivery” and be delivered to the specified delivery address by December 31, 2024. Upon delivery and installation, the Contract Administrator (CA) or Point of Contact (POC) will conduct an inspection of goods delivered and installed; inspection will be completed within one (1) week of delivery installation. CONTRACTOR must correct any deficiencies within one (1) week of the STATE’s notification.

Delivery address is as follows:

Hawaii State Department of Education Waianae High School 85-251 Farrington Hwy Waianae, HI 96792 POC: Principal Ray Pikelny-Cook Phone number: 808-697-9400 Email: Ray.Pikelny@k12.hi.us

The CONTRACTOR shall coordinate delivery with the school POC one (1) week prior to the delivery of equipment.

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

CONTRACTOR shall deliver, set in place, level, adjust to perfect working order, and remove and dispose of all pallet, crating material and packing debris. CONTRACTOR will not be allowed to use STATE refuse dumpsters for disposal. CONTRACTOR shall install equipment to manufacturer’s specifications to not void warranty.

WARRANTY

The manufacturer’s standard warranty shall warrant against defects in material and workmanship and against all design and manufacturing defects and shall include all parts, and any associated shipping costs. Warranty period on all parts shall be a minimum of one (1) year.

During the warranty period, the CONTRACTOR shall replace any defective materials with equal or better parts and at no cost to the STATE for parts, provided such defects are not due to abuse, misuse, or negligence on 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 shall not be acceptable. For any parts deemed user replaceable, all shipping charges will be covered by the warranty.

IFB D24-147 S-3

QUALITY

Equipment furnished shall be new and shall include manufacturer’s warranty applicable to new equipment. Equipment shall be free from defects, which may render it unfit to use.

DEFECTIVE OR DAMAGED EQUIPMENT

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 remove any rejected equipment shall not relieve the CONTRACTOR from the responsibility imposed upon the CONTRACTOR. 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 the 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 SC-1

SPECIAL CONDITIONS

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 Janice.Selga@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 Delivering and Installing Four (4) Fiberglass Raceway Tanks for the Hawaii State Department of Education Waianae High School and shall be in accordance with these Special Conditions, the attached Specifications, and the State of Hawaii’s General Conditions AG-008 (latest revision).

3. Contract Administrator

For purposes of this contract, Principal Ray Pikelny-Cook, Program Manager or the Program Manager’s successor, is designated Contract Administrator (CA). The CA can be contacted by telephone at 808-697-9400, via facsimile at 808-697-7018, or via e-mail at Ray.Pikelny@k12.hi.us.

The CA is responsible for:

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

3.2. 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

3.3. 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 Dana Hoppe as Point-of-Contact (POC) for this contract. As such, the POC, or their successor, should be the initial contact on all matters related to this contract. The POC can be contacted by telephone at 808-697-9400, via facsimile at 808-697-7018, or via e-mail at d.hoppe@seariders.k12.hi.us .

SPECIAL CONDITIONS SC-2

4. Contract Period

This contract shall commence upon full execution of the contract and shall end on December 31, 2024, 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.

6.1. 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. Offeror shall provide the requested information on Exhibit A.

Offeror shall be capable of delivering and installing Four (4) Fiberglass Raceway Tanks for the STATE. Offeror shall also be capable of providing warranty and maintenance service on Four (4) Fiberglass Raceway Tanks. Therefore, at the time of bidding and during the contract period, Offeror shall maintain a Hawaii-based facility and business capability of its own.

6.2. 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 working 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 provide the requested information on Exhibit A.

Offeror shall have technicians and/or engineers, trained and certified to provide warranty support services.

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:

SPECIAL CONDITIONS SC-3

7.1. Chapter 237, General Excise Tax Law;

7.2. Chapter 383, Hawaii Employment Security Law;

7.3. Chapter 386, Workers’ Compensation Law;

7.4. Chapter 392, Temporary Disability Insurance;

7.5. Chapter 393, Prepaid Health Care Act; and

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

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, installation, equipment, materials, transportation, 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 the extension of the total bid price, the unit bid price shall govern.

http://tax.hawaii.gov/

SPECIAL CONDITIONS SC-4

12. Offeror Information

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

13. 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.

14. Offer Guaranty

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

BID SUBMITTAL

15. 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:

15.1. 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.

15.2. 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.

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.

SPECIAL CONDITIONS SC-5

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.

16. 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 Department of 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 Offeror appeals the denial to the Office of Information Practices in accordance with Section 92F-

42(12), HRS.

17. Certification of Independent Cost Determination

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

17.1. 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.

17.2. 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.

17.3. No other attempt has been made or will be made by the Offeror to solicit or implore any other person or firm to submit or not to submit a bid in response to this IFB for the purpose of restricting competition.

18. 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

19. Disqualification of Offers

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

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

19.2. More than one offer from an individual, partnership, firm, organization, corporation, joint venture, or other legal entity under the same or different names.

19.3. Evidence of collusion among Offerors or prices obviously unbalanced, lack of responsibility and cooperation as shown by past work, being in arrears on existing

SPECIAL CONDITIONS SC-6

contracts with the State of Hawaii, or defaulting on previous contract(s).

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

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

19.6. 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.

20. Method of Award

Award, if made, shall be to the responsive, responsible Offeror submitting the lowest estimated Total Bid Price. However, if the Total Bid Price of the qualified low offer exceeds allotted funds, the STATE shall have the option to decrease the quantity to allow award to be made within the allotted funds.

In case of error in the extension of the total bid price, the unit bid price shall govern.

21. 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 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.

The 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

22. 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.

23. Responsibility of CONTRACTOR

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

23.1. Chapter 237, General Excise Tax Law;

23.2. Chapter 383, Hawaii Employment Security Law;

23.3. Chapter 386, Workers’ Compensation Law;

23.4. Chapter 392, Temporary Disability Insurance;

23.5. Chapter 393, Prepaid Health Care Act; and

23.6. One of the following:

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

SPECIAL CONDITIONS SC-7

23.6.1. That CONTRACTOR is registered and incorporated or organized under the laws of the State of Hawaii (hereinafter referred to as a “Hawaii business”); or

23.6.2. That CONTRACTOR is 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 issued 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.

24. 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 registration fee of (at least) twelve dollars ($12.00).

25. 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, an offer otherwise responsive and responsible may not receive the award.

26. 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.

27. 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 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.

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

SPECIAL CONDITIONS SC-8

28. 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:

28.1. "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."

28.2. “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).

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

SPECIAL CONDITIONS SC-9

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

29. 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.

30. Delivery

Deliveries shall be made to the individual location designated in the Specifications.

Refer to Specifications for additional Delivery requirements.

31. 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:

Attn.: Dana Hoppe 85-251 Farrington Hwy Waianae, HI 96792

And shall include:

31.1. IFB Number and Contract Number;

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

CONTRACTOR’s control; and

31.3. New Delivery Date.

No delivery extension will be considered without proper documentation.

32. 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:

SPECIAL CONDITIONS SC-10

32.1. 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;

32.2. 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; and

32.3. 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.

32.4. 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.

33. Confidentiality Obligations

While performing under this agreement, the CONTRACTOR may receive, be exposed to or acquire confidential information. Such information may include names, addresses, telephone numbers, birthdates, social security numbers, medical information, and other educational, student, or personal employment information. The information may be in written or oral form, fixed in hard copy or contained in a computer database or computer readable form. Hereinafter, such language shall be collectively referred to as “Confidential Information.”

The CONTRACTOR, including its employees, agents, representatives, and assigns shall abide by the following with regards to Confidential Information: (i) They shall not disclose to any unauthorized party any Confidential Information, except as specifically permitted by the STATE and subject to the STATE’s limitations on confidentiality of information and relevant legal requirements of the State to include, but not limited to the Family Educational Rights and Privacy Act (“FERPA”). Permission will be granted through a formal written agreement concerning the disclosure of personally identifiable information (PII) from student education records, signed by the STATE and the CONTRACTOR, and must be provided as an attachment to this agreement;

(ii) They shall only permit access to Confidential Information to employees, agents, representatives, and assigns having a specific need to know in connection with performance under this agreement; and (iii) They 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) who are authorized to handle the Confidential Information (hereinafter referred to as “Authorized Handlers”). 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.

SPECIAL CONDITIONS SC-11

CONTRACTOR will be responsible for safeguarding the confidentiality of all Confidential Information 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 to any person whose records the CONTRACTOR receives custody of under this agreement 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.

33.1. Prior Written Approval: CONTRACTOR may not i) share Confidential Information or any other data received under this agreement, ii) publish, or iii) distribute such information without the prior written approval of the STATE.

33.2. In the event of termination of this agreement, CONTRACTOR shall return to STATE all

Confidential Information, including student information, received under this agreement and further agrees to destroy any and all copies of, or references to, any Confidential Information, including student information, shared by STATE as a result of this agreement. CONTRACTOR shall certify in writing that all such copies have been destroyed or returned to the STATE.

34. 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.

35. 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

36. Invoicing

CONTRACTOR shall submit original invoice to the following address:

Attention: Principal Ray Pikelny-Cook 85-251 Farrington Hwy Waianae, HI 96792

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

SPECIAL CONDITIONS SC-12

37. 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.

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:

37.1. 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.

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

37.3. In lieu of the above, CONTRACTOR may submit an original Certificate of Vendor Compliance as issued via the 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

38. State of Hawaii’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.

39. 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 EX A-1

EXHIBIT A

OFFEROR INFORMATION

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

A. 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.

Offeror shall be capable of delivering and installing Four (4) Fiberglass Raceway Tanks for the STATE.

Offeror shall also be capable of providing warranty and maintenance service on Four (4) Fiberglass Raceway Tanks. Therefore, at the time of bidding and during the contract period, Offeror shall maintain a Hawaii-based facility and business capability of its own.

Address Line 1 ___________________________________________________

Address Line 2 ___________________________________________________

Office Telephone Number ___________________________________________________

Other Phone Number ___________________________________________________

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 working 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 ___________________________________________________

POC 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. ....................................................................