IFB D26 128 Solicitation.pdf

PDF 2 MB Posted

Attached to
Furnish, Deliver and Install Eaton 9PX UPS System for HIDOE
Solicitation number
B26003477
Issued by
Hawaii

About this file

This Invitation for Bids (IFB D26-128) is issued by the Hawaii State Department of Education Procurement and Contracts Branch to furnish, deliver, and install Eaton 9PX Series Uninterruptible Power Supply (UPS) systems for the state's schools and offices. The solicitation seeks nine line items including 100 units of 9PX 5kVA UPS systems, 100 units of 9PX 2kVA UPS systems, and various supporting components such as external battery modules, transformers, and rack extender kits, with an additional 10-20 units of each item for a second phase. Sealed bids will be received through the Hawaii eProcurement System (HIePRO) until 4:30 p.m. Hawaii Standard Time on July 8, 2026. Hard copy offer pages must be submitted to the Procurement and Contracts Branch in Waipahu within five working days after the bid closing date. The contract will commence upon execution and extend through June 30, 2027, with options for two additional twelve-month extension periods at the same or lower price. Award will be made to the responsive, responsible offeror submitting the lowest total estimated bid price.

Offerors must be authorized distributors of Eaton 9PX UPS systems with at least two years of prior experience and maintain a wholesale or retail business with warehousing and inventory operations on the island of Oahu during the contract period. Unit bid prices must include all labor, equipment, materials, transportation, overhead, profit, applicable taxes, installation by qualified Eaton technicians, removal and disposal of existing equipment, and all incidental expenses. The contract provides a manufacturer's standard two-year return-to-factory warranty on all hardware and system components, with liability insurance requirements of $2,000,000 aggregate commercial general liability and $1,000,000 combined single limit automobile liability. Contractors must comply with Hawaii tax requirements, workers' compensation laws, employment security laws, and obtain a Certificate of Vendor Compliance or Certificate of Good Standing. The contract is subject to availability of funds and allows price increases up to twenty percent during extension periods if supported by manufacturer documentation, with corresponding price reductions required if the manufacturer reduces prices.

View the file

Other files

File Type Posted
IFB D26 128 Additional Offer Pages.pdf PDF
IFB D26 128 Addendum E.pdf PDF
IFB D26 128 Addendum C.pdf PDF
IFB D26 128 Legal Notice.pdf PDF
IFB D26 128 Addendum D.pdf PDF
IFB D26 128 Addendum B.pdf PDF
IFB D26 128 Addendum A.pdf PDF

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

HAWAII STATE DEPARTMENT OF EDUCATION

PROCUREMENT AND CONTRACTS BRANCH

JUNE 23, 2026

INVITATION FOR BIDS

Number IFB D26-128

SEALED BIDS

TO

FURNISH, DELIVER AND INSTALL

EATON 9PX SERIES UNINTERRUPTIBLE POWER SUPPLY SYSTEMS

FOR

THE HAWAII STATE DEPARTMENT OF EDUCATION

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

JULY 8, 2026

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 mailto:Steven.Watanabe@k12.hi.us

FURNISH, DELIVER AND INSTALL EATON 9PX SERIES UNINTERRUPTIBLE POWER SUPPLY

SYSTEM FOR THE HAWAII STATE DEPARTMENT OF EDUCATION

IFB D26-128

IFB D26-128 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

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

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.

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

Offeror:

Item

Number Product Description Model Number

(A)

Estimated

Quantity

(B)

Unit Bid Price

(C)

Sub Total Bid

Price

(A x B = C)

(D)

Estimated

Quantity

(E)

Unit Bid Price

(F)

Sub Total Bid

Price

(D x E = F)

(G)

Total Bid Price

(C + F = G)

EATON 9PX 5kVA UPS

SYSTEM *

9PX 5kVA UPS

SYSTEM

100 -$ -$ 10 -$ -$ -$

EATON 9PX 2kVA UPS

SYSTEM *

9PX 2kVA UPS

SYSTEM

100 -$ -$ 20 -$ -$ -$

3 EATON 9PX 5kVA Head Unit 9PX5KTF5 10 -$ -$ 10 -$ -$ -$

4 EATON 9PX 5kVA Transformer 9PXTFMR5 10 -$ -$ 10 -$ -$ -$

EATON 9PX External Battery

Module

9PXEBM180RT 10 -$ -$ 10 -$ -$ -$

EATON 9PX 2kVA Head unit with transformer

9PX2000RTN 10 -$ -$ 10 -$ -$ -$

EATON 9PX External Battery

Module

9PXEBM72RT 10 -$ -$ 10 -$ -$ -$

EATON Two (2)-Post Rack

Extender Kit

RK2PC 10 -$ -$ 10 -$ -$ -$

Replacement Warranty

Service**

9PX-RMA 10 -$ -$ 10 -$ -$ -$

The following offer is hereby submitted:

Oahu Hawaii, Maui, Molokai-Lanai and Kauai

TOTAL SUM BID PRICE (Item Numbers 1 through 9)

**Unit price to include Installation of Manufacturer warranty replacement unit, removal and/or disposal of existing unit by qualified Eaton Technician.

*Unit price to include Installation, Removal and Disposal of existing unit by qualified Eaton Technician.

OFFER PAGE

IFB D26-128 OF-2

SPECIFICATIONS S-1

MINIMUM SPECIFICATIONS

GENERAL SPECIFICATIONS

All equipment, hardware, accessories, and software furnished shall be new, in perfect condition, of first quality as to workmanship and materials used, and designed specifically to provide its intended service and function. All board level modifications shall be made at the factory.

Delivery shall be made to Hawaii State Department of Education schools or offices. Installation of new equipment by a qualified Eaton technician, removal and disposal of the present equipment shall be required.

All main equipment furnished shall minimally include equivalent hardware components and features as specified, power cable, operation manuals, installation manuals and other informational literature as specified and/or as described in the manufacturer's published specifications and literature for such equipment.

All hardware and software offered shall be currently in production. Equipment shall contain only manufacturer's factory approved parts so as not to void any manufacturer's warranties.

The equipment offered shall meet all applicable federal, State of Hawaii and local electrical, fire, and safety codes.

All hardware and software provided shall be manufactured to meet the latest version of applicable standards for their use.

Defective or Damaged Equipment. The equipment delivered shall be free from defects that may render them unfit for use. The CONTRACTOR shall immediately remove damaged or rejected equipment from the site and replace them with equipment of the required quality.

Failure to replace or to remove any rejected equipment shall not relieve the CONTRACTOR from the responsibility imposed upon them by the Contract. No payment, whether partial or final, shall be construed to be an acceptance of defective work.

In the event of delivery of damaged or defective equipment, loaner equipment must be offered until the permanent equipment is received. Replacement or repair of damaged or defective equipment shall be completed within thirty (30) calendar days from date of non-acceptance or rejection.

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

TECHNICAL SPECIFICATIONS

1. Summary

This specification describes a continuous-duty, on-line, solid state Uninterruptible Power Supply (UPS). The UPS shall operate in conjunction with the existing building electrical system to protect electronic equipment from power disturbances that may occur in utility power such as voltage fluctuations, brown-outs and blackouts, power surges and sags. The UPS shall provide high-quality alternating current (AC) power for sensitive electronic equipment loads.

SPECIFICATIONS S-2

2. Model Summary

This specification shall outline the performance characteristics of the following Eaton 9PX UPS Systems and components: 9PX 5kVA UPS System, 9PX 2kVA UPS System, 9PX2000RTN, 9PXEBM72RT, 9PX5KTF5, 9PXTFMR5, 9PXEBM180RT, and 9PX-RMA.

3. Standards

The UPS shall be designed in accordance with applicable sections of the current revision of the following documents.

• IEC/EN 60950-1

• IEC/EN 62040-1 +A1 2013 (UPS Safety)

• IEC/EN 62040-2 (UPS EMC)

o Emission Class B o Immunity Level C2

• IEC/EN 62040-3 (UPS Performance)

• IEC 6100-4-1 (Overview of IEC 61000-4 series)

• UL 1778 (UPS for USA)

• CSA C22.2 (UPS for Canada)

• RoHS EN 50581 2012

4. System Description

4.1 Modes of Operation

The UPS shall operate as an on-line double-conversion UPS with the following modes:

1. Normal: The rectifier shall derive power as needed from the commercial AC utility or generator source and supply filtered and regulated direct current (DC) power to the on-line inverter. The inverter shall convert the DC power at its input to highly regulated and filtered AC power for the critical loads.

2. High efficiency mode: In the presence of favorable incoming utility conditions, the UPS shall optimize its operating state to maximize its efficiency (user selectable).

3. Battery mode: Upon complete failure of utility power, the UPS shall provide power to the critical loads through the inverter, from the internal or extended batteries. When utility power returns, the unit shall return to normal operation.

4. By-Pass mode: The automatic bypass shall transfer the critical load to the commercial AC source, bypassing the UPS’s inverter and rectifier, in the case of an overload, load fault or internal failure.

5. Standby mode: When initially attached to a utility or other power source, the UPS shall start in standby mode until the user initiates power to the critical load. In this mode, the UPS shall recharge the batteries, but power shall not be supplied to the critical load.

4.2 Design Requirements

1. Inverter Output A. Maximum power rating: (Volt-Amps/Watts)

• 9PX 2kVA UPS System, 9PX2000RTN o 120/125 Volts: 2000 Volt-Amps/1800 Watts o 110 Volts: 1800 Volt-Amps/1620 Watts o 100 Volts: 1600 Volt-Amps/1440 Watts

• 9PX 5kVA UPS System, 9PX5K o 208/220/230/240 Volts 5000 Volt-Amps/4500 Watts

SPECIFICATIONS S-3

B. Nominal output voltage (user selectable):

• 9PX 2kVA UPS System, 9PX22000RTN o 120 Volts default (100/110/120/125 Volts)

• 9PX 5kVA UPS System, 9PX5K o 208 Volts default (200/208/220/230/240 Volts)

C. Efficiency (full load, resistive load):

a. 9PX 2kVA UPS System, 9PX2000RTN: 91 percent (91%)

b. 9PX 5kVA UPS System, 9PX5K: 93 percent (93%)

D. Current overload capability:

a. The UPS shall attempt to clear overloads while remaining on inverter in normal operation (IT Mode) before transferring to bypass

b. Bypass transfer thresholds in normal mode (percent is per nominal Watt/Volt-

Amperes)

• 102 percent~130 percent (102%~130%): 12 seconds

• 130 percent~150 percent (130%~150%): 2 seconds

• Greater than 150 percent (150%): shutdown after 300 milliseconds

c. Overload on battery

• 102 percent~130 percent (102%~130%): 12 seconds

• 130 percent~150 percent (103%~150%): 2 seconds E. Waveform: Pure sinewave F. Voltage regulation:

• Normal mode: plus minus 1 percent (±1%) steady state

• Battery mode: plus minus 2 percent (±2%) steady state

• Frequency conversion mode: plus minus 4 percent (± 4%) steady state

G. Total Harmonic Distortion Voltage (THDV) percent (%) in normal mode:

a. Linear load: less than 2 percent (2%) linear load

b. Non-linear load: less than 5 percent (5%)

H. Dynamic voltage regulation:

a. 20 percent (20%)100 percent (100%)20 percent (20%) R load step: plus minus 6 percent (±6%) I. Recovery time (up to 90 percent (90%) voltage recovery):

a. 0 percent (0%)100 percent (100%)0 percent (0%) non-linear load step:

100ms at full Resistive + Capacitive + Dynamic (RCD) load

J. Transient response:

a. IEC 62040-3 Classification 1 (test method defined by IEC 62040-3) Edition2

2011 load and non-linear load)

2. System Input A. Input voltage range

a. at less than or equal to 40 percent (40%) load: 100-276 Volts

b. greater than 40 percent (40%) load: K-276V-K = (176-1--)/load percent-40 percent (load%-40%) Volts B. Input voltage hysteresis: Low + 10 Volts/High – 10 Volts C. Frequency – 50/60 Hertz

a. Auto sensing upon initial startup

b. Selectable through front menu

D. Frequency range

a. 50Hz: 40-60 Hertz

b. 60Hz: 50-70 Hertz

E. Frequency hysteresis: Low plus (+) .5 Hertz/High -0.5 Hertz F. Input power factor: greater than or equal to 0.99 G. Input current distortion, THDi percent (THDi%): less than 5 percent (5%) at nominal input voltage, full load and battery fully charged

SPECIFICATIONS S-4

3. Batteries and Charger A. Battery type: Valve Regulated Lead Acid (VRLA), non-spillable, lead acid cells, maintenance free.

B. Extended run time: The UPS shall have capability for addition of four (4) external battery modules (EBMs) to increase total runtime. Refer to Tables 3.C.a and b for runtimes. Battery times are approximate and vary depending on load configuration and battery charge.

C. UPS Runtimes:

a. 9PX2000RT, 9PX2000RTN

Load (Watts) Internal 1 EBM 2 EBMs 3 EBMs 4 EBMs

1800 7.7 33.1 61 91 123

1620 9.1 37.6 70 104 140

1440 10.9 43 80 120 162

1260 13.2 51 94 141 190

1080 16.2 61 113 169 227

900 20.2 76 139 208 281

720 26.0 98 180 269 -

540 35.8 136 250 - -

360 56.1 209 - - -

b. 5-6 kVA battery runtimes

Load

(Watts)

1 EBM

2 EBM

3 EBM

4 EBM

5 EBM

5400 3 16 28 47 58

4050 4.5 24 45 62 90

2700 8.5 38 71 104 133

1350 22 85 147 214 287

540 57 203 399 554 755

4. Battery replacement – Hot swappable internal batteries.

5. Advanced Battery Management – The UPS shall provide Advanced Battery

Management that uses sophisticated sensing circuitry and a three-state charging technique that extends the used service life of the UPS batteries while optimizing the battery recharge time. Additionally, the UPS should be able to provide up to sixty

(60) days notice of the end of useful battery service life to aid in scheduling of battery replacement.

6. Auto Battery Test – If customer does not use Advanced Battery Management and uses a constant charging mode, the UPS shall perform an auto battery test with a factory default set at once per week to determine the overall health of the battery.

This interval should be settable to select either no test, every day, every week or every month.

7. Form Factor A. The UPS shall be able to be used in both rack and tower applications.

B. The front Liquid Crystal Display (LCD) menu shall be able to rotate ninety degrees

(90°) so that the front menu displays vertically in both a rack and tower form factor.

C. Rack mounting: The UPS and EBM accessories shall ship with a four (4)-post rail kit included for mounting in a four (4)-post, 19-inch enclosure.

SPECIFICATIONS S-5

D. The UPS shall ship with pedestal feet to stabilize the UPS in the tower form factor.

8. Dimensions:

A. The UPS shall have the following dimensions:

• 700-1500 Volt-Amperes UPS: 3.4 inch (2U) by 17.3 inch by 17.7 inch (3.4” (2U) x 17.3” x 17.7”) (Height x Width x Depth)

• 700-1500 Volt-Amperes EBM: 3.4 inch (2U) by 17.3 inch by 17.7 inch (3.4” (2U) x 17.3” x 17.7”) (Height x Width x Depth)

• 2000-3000 Volt-Amperes UPS: 3.4 inch (2U) by 17.3 inch by 23.8 inch (3.4” (2U) X 17.3” X 23.8”) (Height x Width x Depth)

• 2000-3000 Volt-Amperes EBM: 3.4 inch (2U) by 17.3 inch by 23.8 inch (3.4” (2U) x 17.3” x 23.8”) (Height x Width x Depth)

9. Input connection

A. 9PX2000RT, 9PX2000RTN: 5-20P

B. 9PX3000RT, 9PX3000RTN: L5-30P

C. 9PX5K: L6-30P with 10 foot cord

10. Output receptacles

A. 9PX2000RT: (6) 5-20R, (1) L5-20R

B. 9PX5K: (2) L6-30R, (2) L6-20R

4.3 Display and Controls

1. Local Display

A. The UPS shall be provided with a full graphical LCD display that provides the information and access to all settings and control features of the UPS.

B. The main status screen shall include all the following information at a single view:

• UPS mode status

• Load information:

o Load wattage o Load Volt-Amperes o Load Percentage o Graphical representation of loan percent (%)

• Battery Condition o Battery charge percentage o Estimated runtime o Number of EMBs connected o Graphical representation of battery percent (%)

• Alert and Alarm conditions

• Efficiency

2. User menu:

A. Controls shall consist of 5 button configuration including:

• ESC – Exit menu items and cancel changes

• UP – Go to previous screen or menu or value selection

• DOWN – Go to next screen of menu or value selection

• ENTER – Enter menu or select value

• ON and OFF Button

4.4 Optional Accessories

1. Eaton two (2)-post rail extender kit, RK2PC: There shall be an optional accessory to mount the UPS and EBM in a two (2)-post rack.

4.5 Communication Options

1. Network Card

SPECIFICATIONS S-6

A. UPS shall include one communications slot that shall allow the operator to field install a network communication card (Eaton Network Card – MS or equivalent) which is supplied with the UPS. Minimum features are described below;

• The network communications card must be hot-installable

• Communicates with SNMPv3 and IPv6

• Supports IETF UPS MIB

• Supports redundant UPS configurations

• Allows control of UPS managed load segments

• Manual and scheduled on and off controls of UPS

• Capable of mass firmware upgrades

• Capable of mass configuration

• Shall meet the general requirements of the UL 2900 Standard for Software Cybersecurity Network-Connectable products

2. RS232 serial Communication

A. The UPS shall provide RS232 serial connection. Cable provided to provide DB-9 interface.

3. USB

A. The UPS shall provide a USB connection that is Human Interface Device (HID) compliant for network connection.

4. RPO and ROO (Remote Power Off and Remote On and Off)

A. The UPS shall provide both Remote Power Off and Remote On and Off capability.

• Remote Power Off – Allow a remote contact to be used to disconnect power to the UPS and all devices attached. Restarting the UPS requires manual intervention.

• Remote On and Off – Allows remote contact to be used to turn the UPS On and Off. Resetting the contact to the normal position shall automatically return the UPS back to normal state without manual intervention through the front menu.

4.6 Management Software

The UPS shall be compatible with power management software (Eaton Intelligent Power Software Suite (IPSS) or equivalent). This software shall perform the following actions:

• Monitors power consumption at the load segment level.

• Support redundant UPS configuration.

• Lightweight software, not running in Java Runtime Environment (JRE).

• Mass update of network card firmware.

• Plugs into dashboard of major Virtualization players. Allows for monitoring of power equipment through the same dashboard that the Virtualized data center uses.

• Triggers movement of virtual machines to avoid shutdown of server facing imminent power disruption.

5. Warranty

The CONTRACTOR shall provide manufacturer’s standard warranty (two (2)-year return to factory parts) for all hardware and system components. If any defects or malfunctioning of the system is found within the warranty period, the CONTRACTOR shall provide replacement hardware at no charge to the STATE.

SPECIFICATIONS S-7

5.1 Warranty Replacement Service

The CONTRACTOR shall provide a service line item to remove defective unit(s) and re-install Manufacturer replacement unit(s).

6. 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:

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;

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;

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

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

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.

7. 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 Worker(s) 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.

8. Conduct

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.

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.

SPECIFICATIONS S-8

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.

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

9. 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, subcontractor, or volunteer engaged in acts or omissions that resulted in the infliction of harm to a student, the CONTRACTOR shall ensure the following:

1. The CONTRACTOR shall inform the CONTRACTOR’s employees, agents, subcontractors, or volunteers that an investigation is being conducted pursuant to Act

156, SLH 2024;

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

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

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

3.1.2. Date of birth;

3.1.3. Photograph;

3.1.4. Last known address;

3.1.5. Any and all other STATE contracts that this individual is working on; and

3.1.6. 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, subcontractors, 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, subcontractor, or volunteer is deemed appropriate to be included on the Harm to Students Registry, the CONTRACTOR’s employee, agent, subcontractor, or volunteer will be given prior written notice of the STATE’s decision to include the CONTRACTOR employee’s, agent’s, subcontractor’s, or volunteer’s name for this purpose and will be given the opportunity to appeal the decision.

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

SPECIFICATIONS S-9

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 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, delivering and installing Eaton 9PX Series Uninterruptible Power Supply System for the Hawaii State Department of Education 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. State’s Commitment

Pursuant to § 3-121-6, HAR, it is mandatory that all Hawaii State Department of Education schools and offices purchase from price lists issued by the Hawaii State Department of Education, Procurement and Contracts Branch.

Offerors are advised that the majority of purchases will be made by the Office of Information and Technology Services (OITS) of the Hawaii State Department of Education.

When quality level or product design is not suited for school or office purposes, however, an exception to purchase outside of the price list may be granted to such school or offices by the Hawaii State Department of Education.

4. Contract Administrator

For purposes of this Contract, Dean Horiuchi, Director or the Director’s successor, is designated Contract Administrator (CA). The CA can be contacted by telephone at 808-307-7701 or via e-mail at Dean.Horiuchi@k12.hi.us.

The CA is responsible for:

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

4.2. 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

4.3. 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.

mailto:Steven.Watanabe@k12.hi.us mailto:Dean.Horiuchi@k12.hi.us

SPECIAL CONDITIONS SC-2

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 Wesley Pei, Telecommunication Specialist, 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 808-307-7701 or via e-mail at Wesley.Pei@k12.hi.us.

5. Contract Period

This Contract shall commence upon full execution of the Contract and shall end on June 30, 2027, subject to availability of funds as specified in the General Conditions.

Beyond June 30, 2027, this Contract may be extended for not more than two (2) 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

6. 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.

7. Offeror Qualifications

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

Authorized distributor At the time of bidding, Offeror shall be an authorized distributor of the Eaton 9PX Series Uninterruptible Power Supply System with at least two (2) years of previous experience in that capacity. As evidence of this, Offeror may be requested to provide documentation from the manufacturer which verifies Offeror’s status as an authorized distributor.

Office Location At the time of bidding and during the contract period, Offeror shall maintain a wholesale or retail business on the island of Oahu with warehousing and inventory operations to supply the items listed herein. Oahu warehouse location, contact person, phone and facsimile numbers shall be provided on Exhibit A.

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 Hawaii and available during regular business hours, 7:45 a.m. to 4:30 p.m. Hawaii Standard Time (HST), Monday through Friday excluding holidays, and shall be capable of answering questions, resolving problems, and providing sales, ordering, and follow-up assistance.

Offeror shall provide the POC’s name, address, job title, toll-free telephone number, fax number, and e-mail address on Exhibit A.

mailto:Wesley.Pei@k12.hi.us

SPECIAL CONDITIONS SC-3

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.

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 HRS § 103D-310(c), 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 of Hawaii.

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 HRS § 103D-1008, 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/

SPECIAL CONDITIONS SC-4

12. Bid Price

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

13. Authorized Distributor

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

14. Offeror Information

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

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.

17. Restrictive Specifications

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

BID SUBMITTAL

18. Submission of Bid

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

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

Before submitting a bid, each Offeror must:

1. examine the solicitation documents thoroughly for defects and questionable or objectionable material. Solicitation documents include this IFB, any attachments, plans referred to herein, and any other relevant documentation. Comments must be submitted in writing and received

SPECIAL CONDITIONS SC-5

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.

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

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

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

19. Confidential Information

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

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

Pursuant to § 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 HRS § 92F-42(12).

20. Certification of Independent Cost Determination

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

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

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

3. No other attempt has been made or will be made by the Offeror to 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.

SPECIAL CONDITIONS SC-6

21. Acceptance of Bid

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

BID EVALUATION

22. Disqualification of Offers

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

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

2. More than one offer from an Offeror under the same or different names.

2.1 Legally distinct Offerors such as subsidiaries or jointly-owned companies may submit offers and these offers may be accepted for evaluation and award if such Offerors submit with their offer a certificate of non-collusion which affirms that the offer is made freely and without collusion with another Offeror.

2.1.1 Legally distinct Offerors such as subsidiaries or jointly-owned companies shall submit business registration information indicating that the entities were not created after the IFB was released.

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

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

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

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

23. Method of Award

Award, if made, shall be to the responsive, responsible Offeror submitting the lowest estimated Total Sum Bid Price (Item Numbers 1 through 9). However, if the Total Sum Bid Price (Item Numbers 1 through 9) of the qualified low offer exceeds allotted funds, the STATE shall have the option to shorten the Contract period or delete location(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 price shall govern.

24. Protest

Pursuant to HRS § 103D-701 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.

SPECIAL CONDITIONS SC-7

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.

PRICE LIST EXECUTION

25. Price List 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.

Formal written contracts and performance bonds will not be required for awards made in response to this solicitation. Successful Offerors will receive a “Notice of Award by Price List Letter” to which will be attached the price list indicating items awarded. This method of award does not waive compliance with the Specifications, Special Conditions, and General Conditions.

Upon award, the Hawaii State Department of Education will issue a Price List of all items awarded to the CONTRACTOR(s). This price list will be made available to all schools and offices for use throughout the Contract period. The actual purchases will depend on the needs of the STATE and availability of funds;

the POC shall coordinate all purchases on behalf of the Hawaii State Department of Education. There is no guarantee to purchase any amount of goods.

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 a CONTRACTOR prior to official starting date.

Pursuant to § 3-121-6, HAR, it is mandatory that schools and offices purchase from price lists issued by the Hawaii State Department of Education. When quality level or product design is not suited to their purpose, however, an exception to purchase outside of the price list may be granted to such schools and offices by the Hawaii State Department of Education’s PCB.

26. Quantities

Quantities listed herein are estimated for the period specified. The actual quantities shall depend on the needs of the STATE and funding availability. No guarantee to purchase the exact amounts is intended or implied. For this reason, Offerors shall bid only on regular stock items to avoid inventory hardships that could arise from stocking materials for STATE use only. The STATE reserves the right to purchase larger or smaller quantities at the prices quoted in this solicitation. In the event the estimated requirements do not materialize in the exact quantities listed herein, such failure shall not constitute grounds for equitable adjustment under this Contract.

27. Responsibility of CONTRACTOR

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

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

SPECIAL CONDITIONS SC-8

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 HRS § 103D-310(c), 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 HRS § 103D-309, except in certain circumstances, no contract entered into by 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 requires for performance and/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.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .