IFB D26 157 Solicitation.pdf

HAWAII STATE DEPARTMENT OF EDUCATION

PROCUREMENT AND CONTRACTS BRANCH

JUNE 18, 2026

INVITATION FOR BIDS

Number IFB D26-157

SEALED BIDS

TO

FURNISH AND DELIVER A FORKLIFT

FOR

THE HAWAII STATE DEPARTMENT OF EDUCATION

WAIALUA HIGH AND INTERMEDIATE 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

JULY 2, 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 Sharon Makabe, Procurement and Contracts Support Specialist, at telephone (808) 675-0130, via facsimile (808) 675-0133, or via email at sharon.makabe@k12.hi.us.

https://hiepro.ehawaii.gov/welcome.html mailto:sharon.makabe@k12.hi.us

FURNISH AND DELIVER A FORKLIFT FOR THE HAWAII STATE DEPARTMENT OF EDUCATION

WAIALUA HIGH AND INTERMEDIATE SCHOOL

IFB D26-157

IFB D26-157 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

The following offer is hereby submitted:

Description Year, Manufacturer and/or Brand Name and

Product and/or Model Number Unit Bid Price*

FORKLIFT

Offeror:

*Unit Bid Price shall include labor, equipment, materials, transportation, shipping, delivery, overhead, profit, all applicable taxes and any other incidental and operational expenses incurred in the performance of all obligations hereunder. Unit Bid Price shall be the all-inclusive cost to the STATE and no other charges will be honored. Refer to IFB Special Conditions Number 11, Bid Price.

OFFER PAGE

IFB D26-157 OF-2

SPECIFICATIONS

IFB D26-157 S-1

1. GENERAL SPECIFICATIONS

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

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

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

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

B. Warranty – The CONTRACTOR shall provide warranty as stated herein. The warranty shall cover parts and labor and shall protect the STATE against defects resulting from the use of defective or inferior materials, against defects resulting from negligent workmanship, and against all design and manufacturing defects. The warranty period shall be from the date the forklift is accepted. During the warranty period the CONTRACTOR shall be responsible to service the forklift either on-site or at the authorized service facility. If work is to be performed at the authorized service facility the CONTRACTOR shall be responsible for pickup and drop off of the forklift to and from Waialua High and Intermediate School.

2. MINIMUM SPECIFICATIONS

Item Description

Model: New, 2026 or 2027 Toyota 50-8FGU25, Clark S25L, or equal

Load Center Capacity: Minimum 5,000 pounds

Power Source: Liquid Propane Fuel System

Powertrain Requirements:

High Air Intake;

Counterweight rear exhaust exits through counterweight opening to reduce turbulence and dust;

Fixed Liquefied Petroleum Gas (LPG) Tank Bracket with Steel Strap;

Low LPG fuel indicator; and Key Switch Start

Fork Size: Both 42 inches Length and 48 inches Length

Mast Overall Lowered Height: Maximum 86 inches

Mast Type: Three (3) Stage

Tires: Solid Pneumatic

Overhead Rain Guard: Maximum 87 inches

Mirrors: Rear View Mirrors

Seat: Vinyl Full Suspension Seat

IFB D26-157 S-2

Item Description

Lights:

Both Front Combination Lights and Rear Combination Lights or Headlights, Tail light, Brake Lights, Reverse light, and Turn Signals

Warning Lights: Strobe-Amber Lights

Warning Device: Audible Back-Up Reverse Alarm

Operator Compartment: Mounted Fire Extinguisher

Minimum Warranty: Standard Manufacturer’s Warranty 12 Months or 2,000 Hours Powertrain Warranty 36 Months or 6,000 Hours

Additional Options: Side-shifting Fork Positioner Carriage with Fourth Lever.

An Electronic Stability System that automatically helps reduce tip-over risk.

3. DELIVERY

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

The forklift under the Contract shall be delivered to the below specified address within one hundred eighty

(180) days from the date of full Contract execution. Representatives from both the CONTRACTOR and the Hawaii State Department of Education shall be present at the delivery site for purposes of visual inspection and if necessary, for instructions on use of the forklift.

Delivery address is as follows:

Hawaii State Department of Education Waialua High and Intermediate School 67-160 Farrington Highway Waialua, Hawaii 96791 Attention: Glenn S. Lee

4. DEFECTIVE OR DAMAGED EQUIPMENT

The CONTRACTOR shall immediately replace damaged or rejected equipment that are not due to abuse, misuse, or negligence on the part of the STATE and replace them with equipment of the required quality.

Failure to replace or 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.

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

5. 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.

IFB D26-157 S-3

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

5.1. 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;

5.2. 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;

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

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

5.5. 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.

6. CONDUCT

6.1. 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.

6.2. 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.

6.3. 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.

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

7. 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:

IFB D26-157 S-4

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

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

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

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

7.3.2. Date of birth;

7.3.3. Photograph;

7.3.4. Last known address;

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

7.3.6. 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.

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

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

2. Scope

Work under this agreement shall consist of furnishing and delivering a forklift for the Hawaii State Department of Education Waialua High and Intermediate 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, Christine Alexander, Principal or the Principal’s successor, is designated Contract Administrator (CA). The CA can be contacted by telephone at 808-307-2400, via facsimile at 808-637-8209, or via e-mail at christine.alexander@k12.hi.us.

The CA is responsible for:

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

2. monitoring the CONTRACTOR’s work, documenting that CONTRACTOR maintains the required insurance coverage (if applicable), resolving contract disputes and discrepancies, evaluating the work of the CONTRACTOR, assuring the services or goods are delivered as required in the Contract, and processing payment for services rendered; and

3. notifying the Hawaii State Department of Education, PCB in the event of change in scope of work, change in the performance period, increase or decrease in total compensation, and/or changes in any other contract terms.

Notwithstanding the responsibilities set forth hereinabove, any coordination of services falling outside those articulated above shall remain with the head of the purchasing agency, as set forth in the attached General Conditions (see General Conditions, paragraph 1, entitled "Coordination of Services by the

STATE.").

The CA has designated Glenn S. Lee 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 808-307-2483, or via e-mail at glenn.s.lee@k12.hi.us.

4. Contract Period

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

mailto:sharon.makabe@k12.hi.us mailto:christine.alexander@k12.hi.us mailto:glenn.s.lee@k12.hi.us

SPECIAL CONDITIONS SC-2

OFFEROR INFORMATION

5. Offeror’s Authority to Bid

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

6. Offeror Qualifications

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

A. Authorized Distributor or Reseller

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

B. Office Location At the time of bidding and throughout the Contract and warranty period, Offeror shall have an office in the State of Hawaii from where business is conducted and from where the company is accessible to telephone calls for complaints or requests that need immediate attention. An answering service is not acceptable.

C. Authorized Service Facility At the time of bidding and throughout the Contract and warranty period, Offeror shall have service and repair facility on the island of Oahu and have at least one (1) manufacturer-trained technician, able to service and repair the forklift. Offeror must have access to an inventory of parts for the repair and maintenance of the forklift.

If Offeror does not have servicing and repair capabilities, Offeror shall arrange with a third-party provider of said services to provide the STATE with maintenance and repair services.

This third-party provider must have trained personnel based on the island of Oahu where business is conducted and must have access to an inventory of parts for the repair and maintenance of the forklift offered.

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

D. Personnel Offeror shall designate at least one (1) employee as the STATE point of contact (POC) for this Contract. This individual shall be based in the State of Hawaii and available during regular business hours, Monday through Friday excluding State of Hawaii holidays, and shall be capable of answering questions, resolving problems, and providing sales, ordering, and follow-up assistance.

Failure on the Offeror's part to meet these requirements may result in rejection of bid. These requirements must remain in effect during the entire contract period. Failure to maintain these requirements may result in cancellation of award.

SPECIAL CONDITIONS SC-3

7. Responsibility of Offerors

Offeror is advised that if awarded a contract under this solicitation, Offeror must furnish proof of compliance with the requirements of HRS § 103D-310(c), as a pre-requisite to receiving a contract:

1. Chapter 237, General Excise Tax Law;

2. Chapter 383, Hawaii Employment Security Law;

3. Chapter 386, Workers’ Compensation Law;

4. Chapter 392, Temporary Disability Insurance;

5. Chapter 393, Prepaid Health Care Act; and

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

State of Hawaii.

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

BID PREPARATION

8. Offer Page OF-1

Offeror is requested to submit the bid under the company’s exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable, and to indicate exact legal name in the appropriate space on Offer Page OF-1. Failure to do so may delay proper execution of the Contract.

The authorized signature on the hard copy Offer Page OF-1 shall be an original signature in ink. Ink signatures are not required for electronic submission of a bid on HIePRO. The submission of the bid on HIePRO shall indicate the Offeror’s intent to be bound.

9. Taxable Transaction

Unless the HRS exempts a person from paying the applicable general excise tax, work to be performed under this solicitation is a business activity taxable under Chapter 237, HRS and Chapter 238, HRS, where applicable. Both out-of-state and Hawaii-based companies are advised that the gross receipts derived from this Contract are subject to the general excise tax imposed by Chapter 237, HRS, at the current rate and, where applicable, to tangible property imported into the State of Hawaii for resale, subject to the applicable use tax imposed by Chapter 238, HRS.

Information on the Hawaii State Taxes administered by the Department of Taxation is available online at http://tax.hawaii.gov.

10. Tax Exempt Transaction

If, however, an Offeror is a person exempt by the HRS from paying the general excise tax and therefore not liable for the taxes on this solicitation, Offeror shall state its tax exempt status and cite the HRS chapter or section allowing the exemption.

For evaluation purposes, pursuant to 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.

11. Bid Price

Unit Bid Price shall include labor, equipment, materials, transportation, shipping, delivery, overhead, profit, all applicable taxes and any other incidental and operational expenses incurred in the performance http://tax.hawaii.gov/

SPECIAL CONDITIONS SC-4

of all obligations hereunder. Unit Bid Price shall be the all-inclusive cost to the STATE and no other charges will be honored.

12. Year, Manufacturer and/or Brand Name and Product and/or Model Number

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

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

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

13. Brochures and/or Specifications Literature

Upon request, Offeror shall provide the manufacturer's brochures and/or specifications literature for the forklift offered. Brochures and specifications literature may be submitted to: Hawaii State Department of Education, Procurement and Contracts Branch, 94-275 Mokuola Street, Room 200, Waipahu, Hawaii 96797 or emailed to sharon.makabe@k12.hi.us within three (3) working days from the STATE’s request.

Failure to comply with these requirements may result in rejection of bid.

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

14. Authorized Distributor or Reseller

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

15. Offeror Information

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

16. Liability Insurance

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

17. Offer Guaranty

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

mailto:sharon.makabe@k12.hi.us

SPECIAL CONDITIONS SC-5

BID SUBMITTAL

18. Submission of Bid

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

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

Before submitting a bid, each Offeror must:

1. examine the solicitation documents thoroughly for defects and questionable or objectionable material. Solicitation documents include this IFB, any attachments, plans referred to herein, and any other relevant documentation. Comments must be submitted in writing and received by the Hawaii State Department of Education, PCB no later than seven (7) calendar days prior to the date fixed for the close of bids. This will allow for issuance of addenda, if necessary.

2. become familiar with state, local, and federal laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work.

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).

SPECIAL CONDITIONS SC-6

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.

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 (60) 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 Unit Bid Price.

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

SPECIAL CONDITIONS SC-7

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.

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

25. Contract Award

CONTRACTOR receiving award(s) of $25,000 or more shall be required to enter into a formal written contract. Performance bonds are not required for this IFB. Upon execution of contract, the Hawaii State Department of Education will issue a fully executed copy to the CONTRACTOR. No work will be undertaken by the CONTRACTOR prior to the commencement date specified on the Contract. The STATE is not liable for any work, contract costs, expenses, loss of profits, or any damages whatsoever incurred by the CONTRACTOR prior to official starting date.

26. Responsibility of CONTRACTOR

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

1. Chapter 237, General Excise Tax Law;

2. Chapter 383, Hawaii Employment Security Law;

3. Chapter 386, Workers’ Compensation Law;

4. Chapter 392, Temporary Disability Insurance;

5. Chapter 393, Prepaid Health Care Act; and

6. One of the following:

1. 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.

27. Hawaii Compliance Express

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

This service allows CONTRACTORs to register online through a simple wizard interface at http://vendors.ehawaii.gov . The Certificate of Vendor Compliance provides current compliance status as https://hands.ehawaii.gov/hands/awards https://hands.ehawaii.gov/hands/awards https://hands.ehawaii.gov/hands/awards http://vendors.ehawaii.gov/ http://vendors.ehawaii.gov/

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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).

28. Timely Submission of All Certificates

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

29. Failure to Execute Contract

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

30. Availability of Funds

This Contract is subject to the availability of funds. Pursuant to 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. In such event, the STATE will not be liable for the unpaid balance beyond the end of the current fiscal year, and the 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 to acquire similar goods or services from a third party.

31. Liability Insurance

The CONTRACTOR shall maintain in full force and effect, during the life of this Contract, liability and property damage insurance. This insurance shall protect the CONTRACTOR and the CONTRACTOR’s subcontractors, if any, from claims for damages for personal injury, accidental death and property damage which may arise from operations under this Contract, whether such operations be by the CONTRACTOR or by a subcontractor or anyone directly or indirectly employed by either of them. If any subcontractor is involved in the performance of the Contract, the insurance policy or policies shall name the subcontractor as additional insured.

As an alternative to the CONTRACTOR providing insurance to cover operations performed by a subcontractor and naming the subcontractor as additional insured, CONTRACTOR may require subcontractor to provide its own insurance which meets the requirements herein. It is understood that a subcontractor's insurance policy(ies) are in addition to the CONTRACTOR’s own policy or policies.

The following minimum insurance coverage(s) and limit(s) shall be provided by the CONTRACTOR, including its subcontractor(s) where appropriate:

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● 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 clauses:

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 the requirements of § 431:8-301, Hawaii Revised Statutes.

Upon CONTRACTOR’s execution of the Contract, the CONTRACTOR agrees to deposit with the STATE certificate(s) of insurance necessary to satisfy the STATE that the insurance provisions of this Contract have been complied with and to keep such insurance in effect and the certificate(s) therefore on deposit with the STATE during the entire term of this Contract, including those of its subcontractor(s), where appropriate. Upon request by the STATE, CONTRACTOR shall be responsible for furnishing a copy of the policy(ies).

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

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

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

PERFORMANCE OF CONTRACT

32. Authority of the Hawaii State Department of Education

The Hawaii State Department of Education shall decide all questions which may arise as to the work performed, as to the manner of such performance, as to the interpretation of any term, condition or provision, as to the applicability and interpretation of any law, rule or regulation, policies and procedures, as to compensation, or additional reason to service, and as to any other matter which may arise under the Contract. The decision of the Hawaii State Department of Education in such matters shall be final provided that decision is not in violation of law and not arbitrary, capricious or characterized by abuse of discretion.

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33. Delivery

Delivery shall be made to the individual location designated in Specifications. Refer to Specifications for additional Delivery requirements.

34. Extension of Delivery

The CONTRACTOR shall complete delivery within the time specified in this Contract. In addition to any delivery delay due to causes covered in the General Conditions, Paragraph 13.d., the CONTRACTOR may also be excused for additional unforeseen delays due to valid reasons beyond the CONTRACTOR’s control if the CONTRACTOR submits written notification to the STATE prior to the completion date, and the STATE accepts such justification and approves the revised date. Any such written request or notification must also contain the information listed below.

The notification shall be sent to:

Hawaii State Department of Education

Waialua High and Intermediate School 67-160 Farrington Highway

Attention: Glenn S. Lee

And shall include:

1. IFB Number and Contract Number;

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

CONTRACTOR’s control; and

3. New Delivery Date.

No delivery extension will be considered without proper documentation.

35. Relief Available to STATE

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

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

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

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

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

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the difference upon demand from the STATE. The STATE may also utilize all other remedies provided by law.

36. Confidentiality Obligations

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

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

and (iii) They shall advise each of their employees, agents, representatives, and assigns of their obligations to keep such Confidential Information confidential in compliance with all relevant state and federal laws.

CONTRACTOR, its employees, agents, representatives, or assigns shall ensure the security of the Confidential Information. The CONTRACTOR shall provide the STATE with a list of individuals (by name and position) who are authorized to handle the Confidential Information (hereinafter referred to as “Authorized Handlers”). Authorized Handlers shall ensure the security of the Confidential Information. Only Authorized Handlers shall have access to the Confidential Information, which will be kept on password protected computers with the hard copy documents kept in a locked file cabinet. CONTRACTOR shall ensure that procedures exist to prohibit access to the Confidential Information by anyone other than an Authorized Handler.

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

36.1 Prior Written Approval: CONTRACTOR may not i) share, ii) publish, or iii) distribute

Confidential Information or any other data received under this Contract without the prior written approval of the STATE.

36.2 In the event of termination of this Contract, CONTRACTOR shall return to STATE all

Confidential Information, including student information, received under this Contract and further agrees to destroy any and all copies of, or references to, any Confidential Information, including student information, shared by STATE as a result of this Contract.

CONTRACTOR shall certify in writing that all such copies have been destroyed or returned to the STATE.

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37. Exclusion of Specific Workers

The STATE reserves the right to require the CONTRACTOR to remove an employee, agent, subcontractor or volunteer (Worker) from performing work under this Contract. The Contract Administrator shall notify the CONTRACTOR in writing and this exclusion of a specific Worker(s) shall take effect as indicated on the notice. The CONTRACTOR may appeal this decision to the Contract Administrator, in writing within ten (10) working days of receipt of the notice. Removal of the 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.

38. Records…