IFB D27 023 Solicitation.pdf

HAWAII STATE DEPARTMENT OF EDUCATION

PROCUREMENT AND CONTRACTS BRANCH

August 24, 2026

INVITATION FOR BIDS

Number IFB D27-023

SEALED BIDS

TO

FURNISH AND DELIVER FREEZER FORKLIFTS AND MANUAL PALLET JACKS

FOR

THE HAWAII STATE DEPARTMENT OF EDUCATION

SCHOOL FOOD SERVICES BRANCH

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

SEPTEMBER 10, 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 Wendy Ebisui, Procurement and Contracts Support Specialist, at telephone (808) 675-0130, via facsimile (808) 675-0133, or via email at wendy.ebisui@k12.hi.us.

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

IFB D27-023

IFB D27-023 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:

Refer to IFB Specifications, pages S-1 through S-4, for complete specifications of the items listed below.

Offeror:

Description Estimated Quantity

Year, Manufacturer, Model Number Unit Bid Price* TOTAL BID PRICE**

GROUP A, FREEZER FORKLIFT

Freezer Forklift 2 -$

*Unit Bid Price is the all-inclusive cost to the STATE. Refer to IFB Special Conditions Number 13, Bid Price.

**TOTAL BID PRICE equals Estimated Quantity (multiplied by) Unit Bid Price.

IFB D27-023 OF-2

The following offer is hereby submitted:

Refer to IFB Specifications, pages S-1 through S-4, for complete specifications of the items listed below.

Offeror:

Description Estimated Quantity

Year, Manufacturer, Model Number Unit Bid Price* TOTAL BID PRICE**

GROUP B, MANUAL PALLET JACK

Manual Pallet Jack 4 -$

*Unit Bid Price is the all-inclusive cost to the STATE. Refer to IFB Special Conditions Number 13, Bid Price.

**TOTAL BID PRICE equals Estimated Quantity (multiplied by) Unit Bid Price.

IFB D27-023 OF-3

SPECIFICATIONS

IFB D27-023 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 and pallet jack furnished shall be new, unused, current-production equipment of the best quality of its respective kind. Equipment shall be completely assembled, fully operational, and free from defects which may render the equipment unfit or undesirable for its intended use.

The forklift and pallet jack shall include all standard equipment, safety features, components, and accessories required by the manufacturer for the proper, safe, and reliable operation of the equipment in the application described herein, whether specifically listed or not.

The manufacturer/model numbers identified herein are provided to establish the general type, configuration, capability, and quality of equipment required. Equipment from other manufacturers may be offered as an equal provided the Offeror demonstrates that the equipment bid meets or exceeds the below minimum requirements.

A. Safety Requirements – The forklift and pallet jack shall meet all applicable Federal, State, and local safety requirements and applicable ANSI/ITSDF standards in effect at the time of manufacture.

The forklift shall comply with applicable requirements of OSHA 29 CFR 1910.178 and the ANSI/ITSDF B56.1 standard applicable to powered industrial trucks.

The manual pallet jack shall comply with applicable ANSI/ITSDF requirements for manually propelled industrial trucks.

B. Warranty

The CONTRACTOR shall provide the manufacturer's standard new-equipment warranty. In addition, for Group A, Freezer Forklift, CONTRACTOR shall provide the manufacturer’s standard warranty on the battery and charger.

Warranty coverage shall include parts and labor for defects resulting from defective or inferior materials, negligent workmanship, and design or manufacturing defects, subject to normal manufacturer exclusions for wear items.

The warranty period shall begin upon acceptance of the forklift and/or pallet jack by the STATE.

During the warranty period, the CONTRACTOR shall be responsible for arranging and providing warranty service either on-site or at an authorized service facility.

If warranty work must be performed at an authorized service facility, the CONTRACTOR shall be responsible for all required pickup, transportation, and return delivery of the forklift and/or pallet jack from and to:

Hawaii State Department of Education Regional Kitchen 900 Whitmore Avenue Wahiawa, Hawaii 96786

IFB D27-023 S-2

2. TECHNICAL SPECIFICATIONS

2.1 GROUP A - Freezer Forklift Specifications

Model

New, unused, current-production model, reference models:

● Yale NR035EC

● Raymond 7500 Dockstance Reach-Fork

● Or equal

Equipment Type ● Class II electric narrow-aisle reach truck

● Stand-up rider configuration

Capacity ● Minimum rated capacity: 3,000 pounds

Lift and Clearance

● Minimum fork lift height: 144 inches

● Maximum collapsed mast height: 115 inches

● Equipment must safely pass through 120-inch-high facility door openings

Aisle Performance

● Must perform right-angle stacking within a maximum 108-inch clear aisle

● Performance shall be based on a standard 48-inch-long × 40-inch-wide pallet/load

Freezer Operation

● Manufacturer-approved for operation at negative ten (-10) degrees Fahrenheit or colder

● Factory/OEM freezer or cold-storage package required

● Cold-rated fluids, lubricants, electrical components, seals, and controls as required by the manufacturer

● Corrosion protection suitable for freezer/cold-storage use

Controls and Operator Features

● Stand-up/side-stance or equivalent narrow-aisle operator position

● Multifunction joystick or equivalent ergonomic hydraulic control

● Operator presence safety system

● Emergency power disconnect

Power

● Electric

● 36V or 48V battery system

● Lead-acid, TPPL, or lithium-ion acceptable if approved by the forklift manufacturer for freezer operation

● Battery and compatible industrial charger included

Forks and Load Handling

● Minimum fork length: 42 inches

● Minimum load backrest height: 36 inches

● Sideshift permitted

Wheels/Tires ● Polyurethane or manufacturer-approved freezer-rated equivalent

Safety and Visibility

● Horn

● Overhead guard

● LED work lights

● Blue floor/pedestrian warning light or equivalent OEM warning system

● Manufacturer-required warning labels and capacity plates

IFB D27-023 S-3

2.2 GROUP B – Manual Pallet Jack Specifications

Model

New, unused, current-production model, reference models:

● Toyota HPT28U

● Blue Giant EPT-55, 27 × 48 configuration

● Or equal

Equipment Type ● Manual hydraulic pallet jack

Capacity ● Minimum capacity: 5,000 pounds

Fork Dimensions ● Nominal Fork length: 48 inches

● Nominal overall fork width: 27 inches

Operating Dimensions

● Maximum lowered fork height: 3.0 inches

● Minimum raised fork height: 7.5 inches

● Minimum steering/pivot arc: 180 degrees

● Maximum turning radius: 58 inches

● Suitable for operation within 108-inch facility aisles

Construction

● Heavy-duty commercial steel frame and forks

● Hydraulic overload protection

● Durable corrosion-resistant finish

Handle and Controls

● Ergonomic commercial handle

● Three-position control: Raise, Neutral, Lower

● Spring-loaded or automatic return to vertical position

Wheels and Rollers

● Polyurethane steer wheels

● Polyurethane load rollers

● Tapered fork tips, entry rollers, or equivalent design for easy pallet entry

Safety and Compliance ● Manufacturer safety and capacity labeling

Warranty ● Minimum one-year warranty on frame and hydraulic pump

● Manufacturer's standard warranty on normal wear components

3. DELIVERY SCHEDULE

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 and/or pallet jack until delivered and accepted by the authorized STATE personnel.

The forklift and pallet jack under this Contract shall be delivered to the below specified address within one hundred eighty (180) days from the date of full contract execution, unless otherwise approved in writing by the CA and/or POC or their designated representative.

Representatives from both the CONTRACTOR and the Hawaii State Department of Education shall be present at the delivery site for purposes of visual inspection, verification of required equipment and accessories, instructions and/or training as required, and for the forklifts, on-site setup and operational verification.

Delivery address is as follows:

Hawaii State Department of Education

Regional Kitchen 900 Whitmore Avenue Wahiawa, Hawaii 96786 Attention: John Hyatt

IFB D27-023 S-4

4. TRAINING REQUIREMENTS

Upon delivery of equipment, CONTRACTOR shall provide training at no additional cost to the STATE.

GROUP A – Freezer Forklifts. CONTRACTOR shall provide on-site operator training at the Regional Kitchen upon delivery of the forklifts. Training shall be conducted by a qualified manufacturer or authorized dealer representative and shall include, at minimum, equipment controls and safety features, pre-operation inspection, load handling, battery charging, emergency procedures, manufacturer-recommended operating practices, freezer/cold-storage operating and safety considerations, and the equipment-specific requirements applicable to OSHA 29 CFR 1910.178 operator training.

GROUP B – Manual Pallet Jacks. CONTRACTOR shall provide basic operation and safety familiarization for the manual pallet jacks upon delivery.

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 wendy.ebisui@k12.hi.us for interpretation and must be received no later than seven

(7) calendar days prior to the date fixed for the close of bids.

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

2. Scope

Work under this agreement shall consist of Furnishing and Delivering Freezer Forklifts and Pallet Jacks for the Hawaii State Department of Education School Food Services Branch 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. Federal Guidelines

U.S. Department of Agriculture (USDA) is an equal opportunity provider and employer.

3.1 In addition to other required provisions, the following provisions are included as applicable.

(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, mailto:wendy.ebisui@k12.hi.us https://www.govinfo.gov/link/uscode/41/1908 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146 https://www.ecfr.gov/current/title-29/part-5 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3145 https://www.ecfr.gov/current/title-29/part-3

SPECIAL CONDITIONS SC-2

completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(D) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.

Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(E) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(F) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.

1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(G) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(H) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

https://www.govinfo.gov/link/uscode/40/3701 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-29/part-5 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/part-401 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/33/1251 https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-180 https://www.federalregister.gov/executive-order/12549 https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/31/1352

SPECIAL CONDITIONS SC-3

4. Procurement of Recovered Materials

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its CONTRACTORS must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]

5. Contract Administrator

For purposes of this Contract, Anneliese Tanner, Administrator or the Administrator’s successor, is designated Contract Administrator (CA). The CA can be contacted by telephone at (808) 784-5503, via facsimile at (808) 735-6262, or via e-mail at anneliese.tanner@k12.hi.us.

The CA is responsible for:

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

B. 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

C. 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 John Hyatt 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 808-784-5510, via facsimile at 808-735-6262, or via e-mail at john.hyatt@k12.hi.us.

6. Contract Period

This Contract shall commence upon full execution of the Contract and shall end upon delivery and acceptance of equipment, subject to availability of funds as specified in the General Conditions. Any warranty obligations shall continue for the duration of the applicable warranty period.

OFFEROR INFORMATION

7. 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.

mailto:anneliese.tanner@k12.hi.us mailto:john.hyatt@k12.hi.us

SPECIAL CONDITIONS SC-4

8. 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 either a manufacturer or authorized distributor or reseller of the equipment 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 a service and repair facility on the Island of Oahu and have at least one (1) manufacturer-trained technician, able to service and repair the equipment offered. Offeror must have access to an inventory of parts for the repair and maintenance of the forklift and/or pallet jack.

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 equipment 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 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 provide follow-up assistance regarding and relating to the sale, warranty servicing, and repair of the equipment offered.

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.

9. 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:

A. Chapter 237, General Excise Tax Law;

B. Chapter 383, Hawaii Employment Security Law;

C. Chapter 386, Workers’ Compensation Law;

D. Chapter 392, Temporary Disability Insurance;

E. Chapter 393, Prepaid Health Care Act; and F. Chapter 103D-310(c), Certificate of Good Standing (COGS) for entities doing business in the State of

Hawaii.

SPECIAL CONDITIONS SC-5

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

BID PREPARATION

10. 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.

11. 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.

12. 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.

13. Bid Price

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

14. Year, Manufacturer and Model Number

Offeror shall provide the exact year, name of the manufacturer and model number, and/or other identifier(s) of the 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 offer page, the STATE will be unable to determine acceptability of the product offered and whether the Offeror is responsive for the item offered. Offeror shall not be allowed to clarify the item or product identification after the bid opening. This http://tax.hawaii.gov/

SPECIAL CONDITIONS SC-6

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.

15. Brochures and/or Specifications Literature

Upon request, Offeror shall provide, at Offeror’s own expense, the manufacturer's brochures and/or specifications literature or additional information necessary to verify acceptability of the equipment offered, within three (3) working days from the STATE’s request. Failure to comply with these requirements may result in rejection of bid.

Offeror shall provide manufacturer documentation identifying the below, as applicable:

15.1 GROUP A - Freezer Forklift:

A. Exact manufacturer and model B. Rated capacity C. Maximum lift height D. Mast configuration and collapsed mast height E. Right-angle stacking aisle requirement F. Freezer operating-temperature rating G. Battery and charger specifications H. Warranty Information I. Identification of any options required to meet the specifications J. Estimated production and delivery lead time

15.2 GROUP B - Manual Pallet Jack:

A. Exact manufacturer and model B. Manufacturer specification sheet C. Capacity and dimensional specifications D. Warranty information E. Identification of any options required to meet the specifications F. Estimated production and delivery lead time

The burden of proof as to the comparative quality and suitability of the offered equipment shall be upon the Offeror. Equipment offered shall comply with the Specifications. Failure to provide sufficient documentation to demonstrate compliance may result in rejection of the equipment offered. The STATE shall be the sole judge of the acceptability of equipment offered, and its decision shall be final.

16. Authorized Distributor or Dealer

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.

17. Offeror Information

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

18. 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.

19. Offer Guaranty

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

SPECIAL CONDITIONS SC-7

BID SUBMITTAL

20. 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:

A. 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.

B. 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.

21. 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 Hawaii Administrative Rules (HAR) § 3-122-58, 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 Hawaii Revised Statutes (HRS) Chapter 92F. 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).

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22. Certification of Independent Cost Determination

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

A. 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.

B. 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.

C. 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.

23. 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 (60) sixty-day period.

BID EVALUATION

24. Disqualification of Offers

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

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

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

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.

a. 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.

C. 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).

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

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

F. 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.

25. Method of Award

Award, if made, shall be to the responsive, responsible Offeror submitting the lowest Total Sum Bid Price per Group.

Offeror is not required to bid on every group to be considered for award. However, Offeror must submit an offer on all items within a group to be considered for that group award.

In case of error in the extension of the Total Sum Bid Price, the Unit Bid Price shall govern.

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26. Protest

Pursuant to HRS § 103D-701 and HAR § 3-126, “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

27. 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.

28. Quantities

Quantities listed herein are firm, contingent upon funding availability.

29. Responsibility of CONTRACTOR

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

A. Chapter 237, General Excise Tax Law;

B. Chapter 383, Hawaii Employment Security Law;

C. Chapter 386, Workers’ Compensation Law;

D. Chapter 392, Temporary Disability Insurance;

E. Chapter 393, Prepaid Health Care Act; and F. 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.

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

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30. 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).

31. 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.

32. 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.

33. 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.

34. 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.

http://vendors.ehawaii.gov/

SPECIAL CONDITIONS SC-11

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

Commercial General Liability: $2,000,000 aggregate (Occurrence Form) $1,000,000 combined single limit per occurrence for bodily injury and property damage.

Automobile Liability: $1,000,000 per accident (Combined Single Limit)

General liability and automobile liability policies required by this Contract, including a subcontractor's policy, shall contain the following clauses:

A. "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."

B. “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

35. 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

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provided that decision is not in violation of law and not arbitrary, capricious or characterized by abuse of discretion.

36. Delivery

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

Refer to Specifications for additional delivery requirements.

37. Extension of…