IFB D24 169 Solicitation.pdf

HAWAII STATE DEPARTMENT OF EDUCATION

PROCUREMENT AND CONTRACTS BRANCH

MAY 21, 2024

INVITATION FOR BIDS

Number IFB D24-169

SEALED BIDS

TO

FURNISH AND DELIVER ONE (1) 4-WHEEL DRIVE SHORT BED PICK-UP TRUCK

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

JUNE 5, 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 Steven Watanabe, Procurement and Contracts

Support Specialist, at telephone (808) 675-0130, via facsimile (808) 675-0133, or via email at steven.watanabe@k12.hi.us.

https://hiepro.ehawaii.gov/welcome.html https://hiepro.ehawaii.gov/welcome.html mailto:steven.watanabe@k12.hi.us

FURNISH AND DELIVER ONE (1) 4-WHEEL DRIVE SHORT BED PICK-UP TRUCK

FOR THE HAWAII STATE DEPARTMENT OF EDUCATION

WAIANAE HIGH SCHOOL

IFB D24-169

IFB D24-169 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:

Quantity Description

(Refer to Specifications in IFB) Year, Manufacturer, and Model Number Unit Bid Price

Half-Ton, 4-Wheel Drive, Short Bed

Pick-Up Truck

OFFEROR:

OFFER PAGE

IFB D24-169 OF-2

SPECIFICATIONS

IFB D24-169 S-1

1. GENERAL SPECIFICATIONS

In addition to the Technical Specifications listed herein, these requirements shall apply to all equipment and attachments unless otherwise specified.

The vehicle furnished shall be new and of the best quality of its respective kind and shall be completely assembled and free from defects which may render them unfit or undesirable for use.

The vehicle shall include and comply with all Federal Motor Vehicle Safety Standards and the Code of Federal Regulations, Title 40, Part 85: Control of Air Pollution from Mobile Sources.

The vehicle shall include any other standard features not listed below but detailed in manufacturer's brochure and deemed necessary for the proper and safe operation of vehicle.

A. Safety Requirements – The vehicle shall meet all applicable safety requirements of the Federal and local governments.

Certificates Required – The CONTRACTOR shall provide the following valid and current certificates with the vehicle at the time of delivery:

1. Hawaii Safety Inspection Certificate (in duplicate) and decal;

2. Application for Registration of Passenger Carrying Motor Vehicle, Form #DF-L-1 (latest revision);

3. Odometer Certificate;

4. Vehicle Scale Weight Slip; and

5. Notarized Certificate of Bill of Sale (not required for Oahu dealerships).

These certificates are essential for the proper registration and licensing of the new vehicle.

Therefore, acceptance of and payment for the vehicle delivered will not be made without submittal of the necessary certificates and application listed above. The STATE, Department of Education shall be responsible for registering and licensing of the vehicle; this procedure shall be conducted in the City and County of Honolulu. The CONTRACTOR shall provide temporary license plates to be used during the interim period prior to acquisition of the State of Hawaii license plates by the STATE, Department of Education.

B. Warranty – The CONTRACTOR shall provide warranty as stated herein. The warranty shall cover parts and labor and shall protect the STATE against defects resulting from the use of defective or inferior materials, against defects resulting from negligent workmanship, and against all design and manufacturing defects. The warranty period shall be from the date the vehicle is accepted.

IFB D24-169 S-2

2. TECHNICAL SPECIFICATIONS

Half-Ton, 4-Wheel Drive, Short Bed Pick-up Truck

Model: New 2024 Ford F150, Chevrolet Silverado or equal

Cab: 4 door (quad cab, crew cab, super crew) or equivalent

Bed:

Short Bed with bed liner (if metal bed - spray-on epoxy type or equal).

No aluminum or stainless steel bed.

Drive Type: 4x4 Wheel Drive

Engine:

Minimum 2.3 Liter, 4 cylinder, direct injection

Gas (Alternative fuel capable, for example: E85)

Transmission:

Minimum 8 speed automatic transmission

Electronically controlled with overdrive

Steering Column: Powered or Powered assisted

Wheelbase: Minimum 125 inches

Suspension:

Axles, Springs and Shock Absorbers must meet manufacturer’s and

Federal Gross Axle Weight Rating (GAWR) requirements for the Gross

Vehicle Weight (GVW) submitted

Tires and Wheels:

Tires and Wheels must meet manufacturers and GAWR requirements for

GVW submitted.

Full size spare tire

Standard Tire Jack and Wheel Wrench included.

Brakes: 4-wheel antilock brakes, 4 wheel disc brakes, or equal

Bumpers: Standard front and rear bumpers

Gross Vehicle

Weight Rating (GVWR):

Minimum 5,400 pounds

Interior:

Front Seat – Bucket Seat or Bench Seat

Back Seat – Minimum Bench Seat

All-Weather Floor Mats

Factory Equipped Air Conditioning

Factory Installed AM/FM Radio

Mirrors Rear view mirror

Left and Right side mirrors

Exterior Color: White high gloss enamel or factory standard

Reverse Camera and Alarm:

A Visible Rear Detection System includes a reverse backup camera and dashboard display system which activates while the vehicle is in reverse.

An Audible Rear Detection System includes a reverse backup audible detection warning system which emits sound inside the interior cabin while the vehicle is in reverse.

Tow Hitch Standard Tow Hitch attached to the Back Bumper

Other:

Operators Manuals

Standard Factory Rust Proofing

Two (2) sets of keys (standard key entry ignition system)

Vehicle safety inspection (safety check)

Warranty:

Bumper to Bumper 3 years or 36,000 miles, whichever comes first Powertrain 5 years or 60,000 miles, whichever comes first Corrosion 5 years or 100,000 miles, whichever comes first

IFB D24-169 S-3

3. DELIVERY

CONTRACTOR shall contact the Contract Administrator (CA) and/or School Point of Contact (POC) or their designated representative to coordinate specific delivery arrangements. The CONTRACTOR shall be responsible for the vehicle until delivered and accepted by the authorized STATE personnel.

The vehicle under the contract shall be delivered to the below specified address within one hundred eighty (180) days from the date of full contract execution. Representatives from both the CONTRACTOR and the STATE shall be present at the delivery site for purposes of visual inspection and if necessary, for instructions on use of the vehicle.

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

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 steven.watanabe@k12.hi.us for interpretation and must be received no later than seven (7) calendar days prior to the date fixed for the close of bids.

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

2. Scope

Work under this agreement shall consist of Furnishing and Delivering One (1) 4-Wheel Drive Short Bed Pick-Up Truck 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, or via e-mail at ray.pikelny@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 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, or via e-mail at d.hoppe@seariders.k12.hi.us.

4. Contract Period

This contract shall commence upon full execution of the contract and delivery shall be completed within one hundred eighty (180) days from the date of full contract execution, subject to availability of funds as specified in the General Conditions and the manufacturer’s warranty.

mailto:steven.watanabe@k12.hi.us mailto:ray.pikelny@k12.hi.us mailto:d.hoppe@seariders.k12.hi.us

SPECIAL CONDITIONS SC-2

OFFEROR INFORMATION

5. Offeror’s Authority to Bid

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

6. Offeror Qualifications

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

A. Authorized Distributor or Dealer At the time of bidding, Offeror shall be either a manufacturer or a manufacturer-authorized distributor or dealer of the vehicle offered. As evidence of this, Offeror may be requested to provide supporting documentation from the manufacturer, which verifies Offeror’s status as an authorized distributor or dealer.

B. License Offeror shall have any and all current and valid license(s) required by law to properly and legally effectuate and/or conduct the sale and/or transfer of the vehicle subject to this invitation for bid and any resulting contract. Offeror shall provide all necessary documentation (e.g., copy of license(s)) to substantiate compliance with this requirement. This shall include any requirements under Chapter 437, HRS, as amended, which provides for the regulation and licensing of motor vehicle manufacturers and distributors and their branches and representatives, motor vehicle dealers, salesmen, auctions and auctioneers and any other persons engaged in the business of selling or purchasing motor vehicles in the State of Hawaii. Therefore, all prospective Offerors who are interested in selling vehicles to the State of Hawaii shall provide proof that they meet and satisfy the licensing requirement set forth in said statute by listing their license number in the space provided on the applicable Exhibit A.

Offeror shall also submit a copy of the license with the Exhibit A

Chapter 437-2(e) provides that, notwithstanding any provisions of Chapter 437, the authority of any State agency to purchase motor vehicles for State use from any dealer licensed under that chapter shall not be limited or conditioned. Any dealer licensed under that chapter may sell vehicles to any State agency notwithstanding Section 437-2(b).

“Motor vehicle” includes any vehicle, motor vehicle, or truck, as defined in Sections 249-1 and 249-2, HRS, as amended, except for tractors, trailers and amphibious vehicles.

C. Office Location At the time of bidding and throughout the contract and warranty period, Offeror shall have an office in the State of Hawaii 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.

D. Authorized Service Facility At the time of bidding and throughout the contract and warranty period, Offeror shall a have service and repair facility on the island of Oahu and shall have at least one (1) manufacturer-

SPECIAL CONDITIONS SC-3

trained technician who is able to service and repair the subject vehicle. Offeror must have access to an inventory of parts for the repair and maintenance of the vehicle.

If Offeror does not have servicing and repair capabilities, Offeror shall arrange with a third-party provider of said services to provide the STATE with maintenance and repair services. This third-party provider must have trained personnel based on the island of Oahu where business is conducted and must have access to an inventory of parts for the repair and maintenance of the vehicle offered.

The STATE reserves the right to inspect and evaluate the Offeror’s service facility or the service facility of Offeror’s chosen third-party service provider to determine acceptability under this requirement.

E. Personnel

Offeror shall designate at least one (1) employee as the STATE point of contact (POC) for this contract. This individual shall be based in the State of Hawaii and 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 have the knowledge, experience and authority to answer questions, resolve problems, and provide follow-up assistance regarding and relating to the sale, warranty servicing, maintenance and repair of the subject vehicle.

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 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.

SPECIAL CONDITIONS SC-4

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, equipment, materials, transportation, shipping, delivery, 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.

12. Year, Manufacturer and Model Number

Offeror shall provide the exact year, name of the manufacturer and model number, and/or other identifier(s) of the vehicle 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.

13. Brochures and/or Specifications Literature

Upon request, Offeror shall provide the manufacturer's brochures and/or specifications literature for the vehicle offered. Brochures and specifications literature may be submitted to: Hawaii State Department of Education, Procurement and Contracts Branch, 94-275 Mokuola Street Room 200, Waipahu, Hawaii, 96797, Attn: Steven Watanabe or emailed to steven.watanabe@k12.hi.us within three (3) working days from the STATE’s request. Failure to comply with these requirements may result in rejection of bid.

The burden of proof as to the comparative quality and suitability of the offered vehicle shall be upon the Offeror. The vehicle offered shall comply with Specifications. The STATE shall be the sole judge of the acceptability of vehicles offered, and its decision shall be final.

http://tax.hawaii.gov/ mailto:steven.watanabe@k12.hi.us

SPECIAL CONDITIONS SC-5

14. Authorized Distributor or Dealer

Offeror shall provide documentation from the manufacturer which verifies Offeror’s status as a manufacturer-authorized distributor or dealer. The documentation shall be attached to Exhibit A and shall be provided to the STATE within three (3) working days from the STATE’s request.

15. Offeror Information

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

16. License

Offeror shall provide proof that they meet and satisfy the licensing requirement set forth in said statute by submitting a copy of the license and listing their license number in the space provided on the applicable Exhibit A. Exhibit A shall be provided within three (3) working days from STATE’s request.

17. 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.

18. Offer Guaranty

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

BID SUBMITTAL

19. 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.

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.

SPECIAL CONDITIONS SC-6

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.

20. 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.

21. 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 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.

22. 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.

SPECIAL CONDITIONS SC-7

BID EVALUATION

23. Disqualification of Offers

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

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

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

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

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

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

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

24. Method of Award

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

However, if the Unit Bid Price of the qualified low offer exceeds allotted funds, the STATE shall have the option to decrease features or otherwise to allow award to be made within the allotted funds.

25. Protest

Pursuant to §103D-701, HRS and §3-126, HAR, “Legal and Contractual Remedies”, an actual or prospective offeror who is aggrieved in connection with the solicitation or award 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

26. Contract Award

CONTRACTOR receiving award(s) of $25,000 or more shall be required to enter into a formal written contract. Performance bonds are not required for this IFB. Upon execution of contract, the 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

SPECIAL CONDITIONS SC-8

27. 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. That CONTRACTOR is registered and incorporated or organized under the laws of the

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

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.

28. Hawaii Compliance Express.

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

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

29. 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.

30. Failure to Execute Contract

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

31. Availability of Funds

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

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

SPECIAL CONDITIONS SC-9

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.

32. Liability Insurance

The CONTRACTOR shall maintain in full force and effect, during the life of this contract, liability and property damage insurance. This insurance shall protect the CONTRACTOR and 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).

SPECIAL CONDITIONS SC-10

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

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

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

PERFORMANCE OF CONTRACT

33. Authority of the 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.

34. Delivery

Delivery shall be made to Waianae High School. Refer to Specifications for additional Delivery requirements.

35. Extension of Delivery

CONTRACTOR shall complete delivery within the time allowed. However, CONTRACTOR will not be held responsible for unforeseen delays due to valid reason beyond 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 Waianae High School Attn.: Dana Hoppe 85-251 Farrington Hwy Waianae, HI 96792

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.

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36. 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; and

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.

37. 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

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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 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.

37.1 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.

37.2 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.

38. 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.

39. 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

40. Invoicing

CONTRACTOR shall submit original invoice to the following address:

Hawaii State Department of Education Waianae High School Attention: Principal Ray Pikelny-Cook 85-251 Farrington Hwy

Waianae, HI 96792

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

41. 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:

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 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

42. 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.

43. 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 D24-169 EX A-1

OFFEROR INFORMATION

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

A. AUTHORIZED DISTRIBUTOR OR DEALER

At the time of bidding, Offeror shall be either a manufacturer or a manufacturer-authorized distributor or dealer of the vehicle offered. As evidence of this, Offeror may be requested to provide supporting documentation from the manufacturer, which verifies Offeror’s status as an authorized distributor or dealer.

Documentation Attached ☐ YES

B. LICENSE

Offeror shall have any and all current and valid license(s) required by law to properly and legally effectuate and/or conduct the sale and/or transfer of the vehicle subject to this invitation for bid and any resulting contract. Offeror shall provide all necessary documentation (e.g., copy of license(s)) to substantiate compliance with this requirement.