IFB D25 068 Solicitation.pdf

HAWAII STATE DEPARTMENT OF EDUCATION

PROCUREMENT AND CONTRACTS BRANCH

January 07, 2025

INVITATION FOR BIDS

Number IFB D25-068

SEALED BIDS

TO

PROVIDE CLASSROOM CLEANING SERVICES

FOR THE HAWAII STATE DEPARTMENT OF EDUCATION

AT LEIHOKU ELEMENTARY SCHOOL

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

January 31, 2025

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.

A Pre-Bid Meeting and Site Inspection will be held on January 14, 2025 at 9:30 a.m. (HST) at the Leihoku Elementary School Administrative Office, 86-285 Leihoku Street, Waianae, Hawaii 96792.

Attendance is encouraged. Reference Special Conditions No. 7, Pre-Bid Meeting.

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

https://hiepro.ehawaii.gov/welcome.html mailto:kanako.tamashiro@k12.hi.us

OFFER PAGE

IFB D25-068 OF-1

PROVIDE CLASSROOM CLEANING SERVICES FOR THE HAWAII STATE DEPARTMENT OF

EDUCATION AT LEIHOKU ELEMENTARY SCHOOL

IFB D25-068

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 submitted: Offeror:

A B C A X B X C

Item Description of Work Frequency

Estimated Services Days per Month Number of

Classrooms

Estimated Months of

Service

Per Classroom per Month

(UNIT BID PRICE)

TOTAL BID

PRICE

1 Trash, Sweeping and Dust mopping Daily 20 33 10 -$

2 Wet Mopping One (1) Time per week 4 33 10 -$

TOTAL SUM BID PRICE

**Offeror must bid on all items to be considered for award. (Items 1 and 2) -$

OFFER PAGE

IFB D25-068 OF-2

SPECIFICATIONS

IFB D25-068 S-1

1. GENERAL

CONTRACTOR shall provide Classroom Cleaning Services for the Hawaii State Department of Education at Leihoku Elementary School (LES). Services to be provided shall include all labor, supervision, equipment, materials and supplies, and any other services necessary to clean the classrooms in accordance with these Specifications, the Special Conditions, and the General Conditions.

At any point during the contract period, in the event LES employees become available to perform any or all work specified herein, the Contract Administrator (CA) reserves the right to decrease the scope of work accordingly.

2. SCOPE OF WORK

LES is located Nanakuli-Waianae Complex Area in Leeward Oahu. The school requires cleaning of 33 classrooms. The average classroom size is 30’ by 30’.

LES reserves the right to add and/or remove classrooms from the contract.

3. CLASSROOM LOCATIONS

The following classrooms require cleaning;

• Portable, 7 classrooms: 1, 2, 4, 5, 6, 8, 9;

• D Building, 6 classrooms: 101, 102, 201, 202, 203, 204;

• E Building, 1 classroom: 202;

• G Building, 3 classrooms: 201, 202, 203;

• H Building, 8 classrooms: 101, 102, 103, 104, 201, 202, 203,204; and

• J Building, 8 classrooms: 101, 102, 103, 104, 201, 202, 203, 204.

Offerors shall refer to the map of the LES campus (Attachment A).

4. WORK SCHEDULE

Services shall be performed from Monday through Friday when school is in session. No services are required on weekends, holidays, or during vacations, intercessions and breaks. Work shall be done at the end of the school day, according to the following schedule (all days and times are Hawaii Standard Time (HST)):

WORK SCHEDULE

Monday, Tuesday, Thursday and Friday Wednesday

Start End Start End 2:30 p.m. 5:30 p.m. 1:30 p.m. 5:30 p.m.

5. DESCRIPTION OF WORK

5.1. Services shall be provided with minimum interruption to the school employees’ regular course of business. The CONTRACTOR shall maintain a regular systematic cleaning and inspection of the premises and shall perform all work in a professional manner. Upon award of contract, CONTRACTOR shall meet and discuss services with the CA and/or Point of Contact (POC) (refer to

IFB D25-068 S-2

Special Conditions No. 3, Contract Administrator) to clarify CONTRACTOR’s duties and responsibilities under this contract.

5.2. The CONTRACTOR shall furnish all cleaning materials, supplies and equipment, including but not limited to vacuum cleaners, brooms, mops, buckets, dust pans, brushes, dusters, sponges, garbage bags, trash can liners, and cleaning solutions necessary to perform the specified services. Use of blowers shall not be allowed.

5.3. During school breaks or intercessions, the LES custodial members perform the stripping and waxing of floors as well as carpet shampooing. Classroom cleaning services under this contract shall therefore include sweeping, wet mopping, and trash disposal as follows:

5.3.1. Sweeping and Dust mopping (Daily)

• CONTRACTOR shall sweep, dust mop all classrooms, including under and around all classroom furnishings. All swept rubbish, dust, dirt, and/or debris shall be removed and properly disposed of by CONTRACTOR.

• CONTRACTOR shall replace all moved furniture and equipment to their proper location.

• Sweeping and Dust mopping services shall be provided daily, Monday through Friday, during school days.

5.3.2. Trash (Daily)

• CONTRACTOR shall collect and dispose of all items placed in or adjacent to wastebaskets in designated containers for disposal in the school's refuse collection bins.

• CONTRACTOR shall reline all wastebaskets with plastic liners when existing liner is dirty or unserviceable.

• All waste that is dropped during the waste removal shall be picked up and properly disposed of. Any liquids that are spilled in this process shall be mopped and cleaned up appropriately.

• Trash collection and disposal service shall be provided daily, Monday through Friday, during school days.

5.3.3. Wet Mopping

• CONTRACTOR shall wet mop all classrooms with tiled floors, including under and around all classroom furnishings.

• CONTRACTOR shall replace all moved furniture and equipment to their proper location.

• Wet mopping services shall be provided One (1) time per week.

• CONTRACTOR may use water sources available in the bathrooms or custodial rooms, on both the first and second floors.

6. KEYS

The CONTRACTOR shall obtain a master key from the school’s administration office on the first day of cleaning. All key(s) shall be returned to the school administrator on the last day of cleaning at the end of the contract period.

The CONTRACTOR shall be responsible for all keys loaned to CONTRACTOR while performing services under this contract. Keys shall be used solely for entry and exit from the school’s premises to perform services specified herein. The CONTRACTOR shall notify the CA immediately if any keys are lost; in that event, the CONTRACTOR shall be charged for lock and key replacement.

IFB D25-068 S-3

7. STORAGE

CONTRACTOR may store their equipment and supplies in a storage room in building E and J. All equipment and supplies stored on-campus shall be at CONTRACTOR’s own risk. The STATE shall not be responsible for any lost or damaged items. All items stored shall be compliant with the Honolulu Fire Department (HFD) fire codes and the Hawaii Occupational Safety and Health Division (HIOSH) guidelines.

8. SECURITY

The CONTRACTOR may be issued some of the alarm codes to set the school’s alarm system. The CONTRACTOR will be responsible for arming each classroom indicated. The CONTRACTOR will be liable for any theft or vandalism that may occur because of the CONTRACTOR’s failure to arm the classroom(s).

For those classrooms that the CONTRACTOR is not provided alarm codes, but armed with alarms, the CONTRACTOR shall complete the cleaning work before 5:30 p.m. HST. The school staff will be responsible for arming those particular classroom alarms.

9. QUALITY

CONTRACTOR shall have a lead person assigned to the school responsible for ensuring compliance to all cleaning procedures, quality performance of CONTRACTOR's staff, and to address any cleaning issues brought up by LES staff. Lead person shall be on-site while cleaning operations are in progress.

A log book shall be provided by the CONTRACTOR and shall be used daily by the CONTRACTOR's lead person to sign in and out, record start and end of work shifts, document description of cleaning issues, and document responses to cleaning issues raised by school.

Classrooms shall be cleaned by the CONTRACTOR even if it is occupied at the time cleaning is to commence. CONTRACTOR may skip cleaning the occupied room for that day if permission is given by a LES employee occupying the room, and the incident is logged.

Monthly, a CONTRACTOR's Manager or Supervisor shall conduct inspections of ten (10) random classrooms cleaned. Results of inspection (i.e. which classrooms inspected, a checklist of tasks completed, and any notes) shall be included in the log book.

10. CONTRACT STAFFING REQUIREMENTS

CONTRACTOR shall create and maintain a current "Personnel List" of persons assigned and authorized to provide services to LES. This list shall be provided to the CA and POC prior to the start of work.

Additionally, an updated list must be provided to the CA and POC prior to the start of a new person and immediately after removal of an authorized person.

The STATE shall have the right, and the CONTRACTOR shall comply with any request, to remove and replace any personnel from all work on the project effective immediately upon notification by the STATE.

Personnel changes that are not approved by the CA may be grounds for Contract termination.

11. SAFETY PRECAUTIONS

The CONTRACTOR shall perform the work in a safe and cautious manner. The CONTRACTOR shall comply with all applicable safety regulations promulgated by Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA) and other governmental agencies.

IFB D25-068 S-4

The CONTRACTOR shall exercise caution during the execution of the work to prevent damage to any of the buildings, structures or landscaping. CONTRACTOR shall restore all damage caused by the CONTRACTOR's negligence and at the CONTRACTOR's own expense, upon request by the STATE.

12. SECURITY REQUIREMENTS

The CONTRACTOR must be aware of the security requirements at LES. The CONTRACTOR must be aware of and must report to the CA any suspicious activity or obvious breach of security in relation to or during the course of the work. The report must contain as much detailed information as possible. The CONTRACTOR must keep their work areas closed and secure, before, during and after performing work. If CONTRACTOR is found to have left any doors and gates open and unsecured for the classrooms CONTRACTOR is responsible for cleaning, CONTRACTOR may be held liable for security breaches.

CONTRACTOR shall be responsible for classrooms and contents while providing services.

The CONTRACTOR’s vehicles and personnel shall be properly identified with the CONTRACTOR’s name, using company signage, logos, uniforms, name tags or identification cards as appropriate to comply with this requirement. The CONTRACTOR shall permit only CONTRACTOR’s employees on campus to provide the services under the contract.

13. VERIFICATION OF EMPLOYEES

In accordance with State rules and regulations, CONTRACTOR shall conduct mandatory criminal background checks at no cost to the STATE, on any employee, agent, subcontractor or volunteer working in close proximity or working directly with students.

CONTRACTOR shall notify the STATE, verbally within twenty-four (24) hours, upon learning of the occurrence of any of the events indicated below:

13.1. Any employee, agent, subcontractor or volunteer’s license required to perform services under this contract is or has been suspended, conditioned, revoked, expired, or terminated;

13.2. Any employee, agent, subcontractor or volunteer becomes or has been the subject of any disciplinary proceeding or action before any federal or state agency or Board;

13.3. Any employee, agent, subcontractor or volunteer has been arrested or is under investigation for assault, sexual assault, child pornography or sex trafficking.

13.4. Any employee, agent, subcontractor or volunteer is or has been convicted of a fraud or felony;

and

13.5. Any claim, judgment or settlement in which the CONTRACTOR or any of its employees, agents, subcontractors or volunteers is or has been named a defendant.

CONTRACTOR shall maintain the background check records, and shall make the records available for review upon request. Upon review of these records, the STATE reserves the right to request additional background information.

14. 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

IFB D25-068 S-5

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.

15. CONDUCT

15.1. The CONTRACTOR’s employees, agents, subcontractors or volunteers must sign in at the school office when entering a school campus and sign out when leaving a school campus.

15.2 The CONTRACTOR’s employees, agents, subcontractors or volunteers must comply with and utilize the STATE’s visitor management system, in accordance with STATE protocol, when reporting to any school campus to provide services.

15.3. In addition, all CONTRACTOR’s employees, agents, subcontractors or volunteers must wear a picture identification badge listing agency name, employee name, and position at all times while on school premises.

15.4. The CONTRACTOR’s employees, agents, subcontractors or volunteers must maintain a professional attitude, work ethic, and appearance.

16. HARM TO STUDENTS REGISTRY

The purpose of Act 156, Session Laws of Hawaii (SLH) 2024, was to create a registry for all preschools and K-12 educational institutions within the State of Hawaii containing information on school employees, contractors, or volunteers for whom, as a result of an investigation, a final finding has been issued that the individual has inflicted harm on a student, with the goal of preventing those individuals from subsequently gaining employment in any other public or private preschools and K-12 institutions in Hawaii.

The CONTRACTOR acknowledges and agrees to comply with the requirements set forth by Act 156, SLH 2024, and any other rules, regulations and laws, regarding the reporting and investigation of misconduct involving harm or maltreatment of students in educational institutions.

Should the STATE need to conduct an investigation into whether or not a contractor or contractor’s employee, agent, or volunteer engaged in acts or omissions that resulted in the infliction of harm to a student, the CONTRACTOR shall ensure the following:

• The CONTRACTOR shall inform the CONTRACTOR’s employees, agents, or volunteers that an investigation is being conducted pursuant to Act 156, SLH 2024;

• The CONTRACTOR, including the CONTRACTOR’s employees, agents, or volunteers shall cooperate and assist the STATE should there need to be an investigation;

• The CONTRACTOR shall provide the following to the STATE within five (5) business days from the date of the request:

o Full legal name and any prior names used, such as maiden name or married name;

o Date of birth;

o Photograph;

o Last known address;

o Any and all other STATE contracts that this individual is working on; and o Any and all information and documents requested by the STATE during the course of an investigation.

Should the STATE not receive the full cooperation of the CONTRACTOR, or the CONTRACTOR’s employees, agents, or volunteers, the STATE will move forward with and complete the investigation with the information it has available.

Should there be a finding and the CONTRACTOR’s employee, agent, or volunteer is deemed appropriate to be included on the Harm to Students Registry, the CONTRACTOR’s employee, agent, or

IFB D25-068 S-6

volunteer will be given prior written notice of the STATE’s decision to include the CONTRACTOR employee’s, agent’s, or volunteer’s name for this purpose and will be given the opportunity to appeal the decision.

Should the CONTRACTOR’s employee, agent, or volunteer either waive the right to appeal or lose the appeal, the STATE shall place the name of the CONTRACTOR’s employee, agent, or volunteer on the Harm to Students Registry.

Any person currently or formerly employed by the CONTRACTOR, including subcontractors, agents, and volunteers listed on the Harm to Students Registry may request the CONTRACTOR to submit a certified request to the STATE for removal if new information proves they did not inflict harm on a student. The CONTRACTOR shall defend and indemnify the STATE from any liability resulting from claims related to the inclusion or removal of an employee from the Registry.

The CONTRACTOR shall provide to the STATE the names, dates of birth, addresses, photographs, and personal identifiers of all candidates for employment, including subcontractors, agents, or potential volunteers. If a candidate, subcontractor, agent, or volunteer's name appears on the Harm to Students Registry, the STATE can require removal of the individual from STATE work. Note that, pursuant to Act 156, SLH 2024, an employee, subcontractor, agent, or volunteer should not perform work or duties for the STATE until the CONTRACTOR has obtained clearance from the STATE.

SPECIAL CONDITIONS

IFB D25-068 SC-1

GENERAL INFORMATION

1. Addenda and Interpretations

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

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 providing classroom cleaning services for the Hawaii State Department of Education at Leihoku Elementary 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, Rebecca Gebreyesus, Principal or the Principal’s successor, is designated Contract Administrator (CA). The CA can be contacted by telephone at 808-305-7100, via facsimile at 808-697-7142, or via e-mail at Rebecca.Gebreyesus@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 Niralyn Okuna as Point-of-Contact (POC) for this contract. As such, the POC should be the initial contact on all matters related to this contract. The POC can be contacted by telephone at 808-307-8693 or via e-mail at Niralyn.Okuna@k12.hi.us.

4. Contract Period

This contract shall commence on July 01, 2025 and shall end on June 30, 2026, subject to availability of funds as specified in the General Conditions.

mailto:kanako.tamashiro@k12.hi.us mailto:Rebecca.Gebreyesus@k12.hi.us mailto:Niralyn.Okuna@k12.hi.us

IFB D25-068 SC-2

Beyond June 30, 2026, this contract may be extended for not more than three (3) additional twelve (12)-month periods upon mutual written agreement of the parties, prior to expiration. As each option(s) to extend is mutually agreed upon, the CONTRACTOR shall be required to execute a supplement to the contract for each additional period. The contract price for the extended period shall remain the same or lower than the initial contract price, subject to any price adjustment allowed by the contract.

OFFEROR INFORMATION

5. Offeror’s Authority to Bid

The STATE will not participate in determinations regarding an Offeror’s authority to perform a service. If there are any questions or doubts regarding an Offeror’s right or ability 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 Qualification

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

A. Office Location At the time of bid opening and throughout the life of the contract, the Offeror must have a permanent business on the island of Oahu from where the Offeror conducts business and must be accessible to telephone calls, complaints or emergency service requests requiring immediate attention (answering machine or service is not acceptable) and from where the service personnel are dispatched to perform the work specified in this contract. Company information shall be furnished on Exhibit A.

B. Work Experience

Offeror shall have a minimum of two (2) consecutive years of experience (immediately prior to the bid opening date) in the business of cleaning services. Offeror must be able to produce documentation to substantiate their claim of experience in this area (e.g. Contact Names and Phone, Contracts, Work Orders, Invoices) if requested. Work experience shall be furnished on Exhibit A.

C. References

Offeror shall provide the names of at least three (3) companies or government agencies with whom Offeror was or is providing cleaning services that are similar in scope and price to the services specified in this solicitation, and who can attest to the quality level and reliability of all aspects of Offeror’s services and personnel. The STATE reserves the right to contact these references to inquire about Offeror’s quality level and reliability. References shall be furnished on Exhibit A.

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 contact period. Failure to maintain these requirements may result in cancellation of award.

7. Pre-Bid Meeting and Site Inspection

Prospective qualified offerors are invited to participate in the Pre-Bid Meeting and Site Inspection which will be held on January 14, 2025 at 9:30 a.m. (HST), at Leihoku Elementary School, 86-285 Leihoku Street, Waianae, Hawaii 96792. Participants shall check in with the Administrative Office. The purpose of the Pre-Bid Meeting and Site Inspection is so Offerors may become thoroughly familiar with existing conditions, rules and regulations, and the extent and nature of work to be performed as well as to informally address any questions and concerns Offerors may have regarding the IFB specifications and the scope of work.

IFB D25-068 SC-3

The Pre-Bid Meeting and Site Inspection is not mandatory; however, bid submission shall be evidence that the Offeror understands the scope of the project and shall comply with all requirements stated herein, if awarded the contract. No additional compensation, subsequent to bid opening, shall be allowed by reason of any misunderstanding or error regarding site conditions or work to be performed.

8. 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:

8.1. Chapter 237, General Excise Tax Law;

8.2. Chapter 383, Hawaii Employment Security Law;

8.3. Chapter 386, Workers’ Compensation Law;

8.4. Chapter 392, Temporary Disability Insurance;

8.5. Chapter 393, Prepaid Health Care Act; and

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

State.

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

BID PREPARATION

9. 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.

10. 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.

11. 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.

http://tax.hawaii.gov/

IFB D25-068 SC-4

12. Bid Price

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

The Unit Bid Price is per Classroom per Month and Unit Bid Price shall be applicable to additional classroom cleaning services as requested by the school.

13. Offeror Information

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

14. References

Offeror shall list on Exhibit A at least three (3) companies or government agencies to whom Offeror was or is providing cleaning services, that are similar in scope and price to this bid and who can attest to the quality level and reliability of all aspects of Offeror’s services and personnel. Exhibit A shall be provided within three (3) working days from STATE’s request. The STATE reserves the right to contact the references listed to inquire about Offeror’s past and/or current performance.

15. Liability Insurance

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

16. Offer Guaranty

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

BID SUBMITTAL

17. 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 an offer, each Offeror must:

17.1. 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.

IFB D25-068 SC-5

17.2. 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.

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.

18. 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.

19. Certification of Independent Cost Determination

By submitting an offer in response to this solicitation, Offeror certifies as follows:

19.1. 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.

19.2. 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.

19.3. 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.

20. 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.

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BID EVALUATION

21. Disqualification of Offers

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

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

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

21.3. 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).

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

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

21.6. 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.

22. Method of Award

Award, if made, shall be to the responsive, responsible Offeror submitting the lowest estimated Total Sum Bid Price (Items 1 and 2). However, if the Total Sum Bid Price of the qualified low offer exceeds allotted funds, the STATE shall have the option to shorten the contract period or delete classroom(s) to allow award to be made within the allotted funds. Offeror must bid on all items to qualify for award. In case of error in the extension of the total bid price, the unit bid price shall govern.

23. Protest

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

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

The 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

24. 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

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25. Responsibility of CONTRACTOR

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

25.1. Chapter 237, General Excise Tax Law;

25.2. Chapter 383, Hawaii Employment Security Law;

25.3. Chapter 386, Workers’ Compensation Law;

25.4. Chapter 392, Temporary Disability Insurance;

25.5. Chapter 393, Prepaid Health Care Act; and

25.6. One of the following:

25.6.1. Be registered and incorporated or organized under the laws of the State of Hawaii (hereinafter referred to as a “Hawaii business”); or

25.6.2. Be registered to do business in the State of Hawaii (hereinafter referred to as a “compliant non-Hawaii business”).

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

26. 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).

27. Timely Submission of All Certificates

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

28. 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.

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

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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.

30. 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).

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.

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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

31. 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.

32. Inspections

All work done and all materials furnished shall be subject to random periodic inspection and approval by the CA or designee to verify that the services rendered are in accordance with requirements and intentions of these Special Conditions, the Specifications, and the General Conditions. The CA or designee may require additional information as necessary to maintain a record of the service rendered, and also request that the CONTRACTOR accompany them on field inspections to be scheduled periodically.

33. 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:

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

CONTRACTOR.

33.2. 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.

33.3. 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.

33.4. 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

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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.

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.