IFB SA 24 03 Aloha Stadium Swap Meet and Marketplace Shipping Container Retail Units.pdf

STADIUM AUTHORITY

STATE OF HAWAII

RELEASE DATE: MAY 20, 2024

INVITATION FOR BIDS

No. IFB-SA-24-03

SEALED OFFERS

FOR

SHIPPING CONTAINER RETAIL UNITS

FOR THE ALOHA STADIUM SWAP MEET & MARKETPLACE

STADIUM AUTHORITY

DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT AND

TOURISM

BIDS MUST BE SUBMITTED ONLINE AT THE STATE OF HAWAII

ELECTRONIC PROCUREMENT SYSTEM (HIePRO) AT https://hiepro.ehawaii.gov, NO LATER THAN 2:00 P.M. (HST) ON THURSDAY, MAY 30, 2024

DIRECT QUESTIONS RELATING TO THIS SOLICITATION TO EBRU YILMAZ-PEDRO,

TELEPHONE (808) 483-2751 OR EMAIL AT EBRU.YILMAZ-PEDRO@HAWAII.GOV.

Ryan G. Andrews Procurement Officer Stadium Authority

IFB-SA-24-03

https://hiepro.ehawaii.gov/ https://stateofhawaii.na1.adobesign.com/verifier?tx=CBJCHBCAABAAc7X8lda6E0jsDffZZunxKokQfNzDvZoo

TABLE OF CONTENTS

PAGE

SECTION ONE:

1.1 TERMS AND ACRONYMS

1.2 INTRODUCTION

1.3 AUTHORITY

1.4 PROCUREMENT OFFICER

1.5 SCHEDULE

SECTION TWO: SPECIFICATIONS & DELIVERY

2.1 SPECIFICATIONS

2.2 DELIVERY

SECTION THREE: SPECIAL PROVISIONS

3.1 BIDDER QUALIFICATIONS

3.2 BID PREPARATION

3.3 SUBMISSION OF BID

3.4 RESPONSIBILITY OF BIDDERS

3.5 CERTIFICATION OF INDEPENDENT COST DETERMINATION

3.6 DISQUALIFICATION OF BIDS

3.7 CANCELLATION OF SOLICITATIONS AND REJECTION OF BIDS

3.8 CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS

3.9 LIABILITY INSURANCE

3.10 AWARD OF CONTRACT

3.11 EXECUTION OF CONTRACT

3.12 NOTICE OF PROCEED

3.13 PAYMENT

SECTION FOUR: ATTACHMENT AND EXHIBITS

ATTACHMENT A - BID FORMS

EXHIBIT A - SHIPPING CONTAINER DIAGRAMS

EXHIBIT B - AG-008 103D GENERAL CONDITIONS

EXHIBIT C - 103 D GENERAL PROVISIONS

SECTION ONE

1.1 TERMS AND ACRONYMS

AG = State of Hawaii Department of the Attorney General Form AG-008 = State of Hawaii Department of the Attorney General

General Conditions Form Bid = The Bidder’s offer to provide the requested goods and/or services as specified under this IFB Bidder or Offeror = Any individual, partnership, firm, corporation, joint venture, or other entity submitting directly or through a duly authorized representative or agent, a bid/quote for the goods, services, or construction contemplated.

Contractor = The Winning Bidder awarded a contract under this electronic Invitation for Bid

DBEDT = Department of Business, Economic Development and Tourism

GET = General Excise Tax HAR = Hawaii Administrative Rules HCE = Hawaii Compliance Express HIePRO = State of Hawaii Electronic Procurement System HRS = Hawaii Revised Statutes HST = Hawaii Standard Time IFB = Invitation for Bids Procurement Officer = The contracting officer for the Stadium Authority, State of

Hawaii SA = Stadium Authority SPO = State of Hawaii Procurement Office STATE = State of Hawaii, including its departments, agencies, and political subdivisions Winning Bidder = The Bidder awarded a contract under this IFB

1.2 INTRODUCTION

The Stadium Authority (SA), a state agency attached to the Department of Business, Economic Development, and Tourism (DBEDT), is in search of a contractor to renovate, refurbish, furnish and deliver eighteen (18) new one trip steel 40-foot-high cube shipping container retail units intended for use at the Aloha Stadium Swap Meet & Marketplace at 99-500 Salt Lake Boulevard, Aiea, HI 96701 and place them at the approved location.

1.3 AUTHORITY

This IFB is issued under the provisions of the State Procurement Code (HRS Chapter 103D) and the State Procurement Office’s applicable Directives, Circulars, and administrative rules. All prospective Offerors are charged with the presumptive knowledge of all applicable legal authorities. Submission of a valid executed offer by any prospective Offeror shall constitute admission of such knowledge on the part of such prospective Offeror.

Any Agreement arising out of this offer is subject to the approval of the State Department of the Attorney General, as to form and to all further approvals as required by statutes, administrative rules, orders, or other directives.

1.4 PROCUREMENT OFFICER

The Procurement Officer is responsible for administering and overseeing the Contract, including monitoring and assessing performance. The Procurement Officer for the Contract is:

Ryan G. Andrews Stadium Manager 99-500 Salt Lake Boulevard, Aiea, Hawaii 96701 P.O. Box 30666, Honolulu, Hawaii 96820-0666 Phone: (808) 483-2500

1.5 SCHEDULE

The schedule set out below presents the State's best estimate of the anticipated schedule of solicitation event dates. If a component of this schedule, such as the opening date, is delayed, the rest of the schedule will likely be shifted accordingly, by the same number of days or within a reasonable number of days.

HIePRO Posting/Procurement Notice System:

Monday, May 20, 2024

Deadline to Submit HIePRO questions:

Wednesday, May 22, 2024 4:00 p.m. HST

Response to HIePRO questions:

Friday, May 24, 2024 4:00 p.m. HST

Deadline for Solicitation:

Thursday, May 30, 2024 2:00 p.m. HST

Contract Start Date (Tentative):

Monday, June 17, 2024

SECTION TWO

2.1 SPECIFICATIONS

7 (Seven) 40-foot High Cube Shipping Container Retail Units

CATEGORY

MINIMUM SPECIFICATIONS

Dimensions:

(diagram attached*)

• 40' high cube (8' wide, 40' long, 9'6" tall) shipping container

• 1 (one) – standard end side double doors – cargo dimension (w x h) – 7’8” x 7’5”

• 2 (two) - side double doors openings – cargo dimension

(w x h) – 7’8” x 7’5”

Interior:

• 8 (eight) – 12'' x 14'' Louvered Vents for ventilation

• 2 (two) - Whirly Bird Turbine Ventilators

• Marine grade bamboo flooring

• Color – RAL 9010 or equal

Exterior:

• Elastomeric silicone roof coating

• Lock boxes on all doors

• Easy open cargo doors (one handle on right side)

• Forklift pockets

• Color - RAL 6027 or equal

Additional Requirements:

• New one trip steel container

• 12-month warranty

Year of Manufacture:

• New, 2024 or newer

* See Exhibit A

Request for substituting of any equipment or material specified or indicated will be considered if the proposed substitution is judged to be equal or superior for the particular purpose or application specified; or if proof is established that the materials specified or indicated are not available. Substitution request must include side-by-side specification comparisons between the specified item and the proposed substitution.

All materials incorporated in the containers shall be new, without flaws or defects, and of quality and performance specified. The containers shall be protected from damage, deterioration, or loss during delivery and placement in the Aloha Stadium property.

11 (Eleven) 40-foot High Cube Shipping Container Retail Units

CATEGORY

MINIMUM SPECIFICATIONS

Dimensions:

• 40' high cube (8' wide, 40' long, 9'6" tall) shipping container

• 1 (one) – standard end side double doors – cargo dimension

(w x h) – 7’8” x 7’5”

• 2 (two) - side double doors openings – cargo dimension

(w x h) – 7’8” x 7’5”

Interior:

• 8 (eight) – 12'' x 14'' Louvered Vents for ventilation

• 2 (two) - Whirly Bird Turbine Ventilator

• Marine grade bamboo flooring

• 1 (one) – painted plywood interior partition wall centered

(to create 2 – 20' units)

• Color - RAL 9010 or equal

Exterior:

• Elastomeric silicone roof coating

• Lock boxes on all doors

• Easy open cargo doors (one handle on right side)

• Forklift pockets

• Color - RAL 6027 or equal

Additional Requirements:

• New one trip steel container

• 12-month warranty

Year of Manufacture:

• New, 2024 or newer

* See Exhibit A

The Shipping Container warranty shall be complete, in-place, for a period of 12 months from the date of shipment, or as quoted, whichever shall be longer. This warranty does not include vandalism, negligence by others, or act of God. All certificates of warranty shall be handed down to Stadium Authority upon delivery.

2.2 DELIVERY

The Shipping Containers shall be delivered to the Aloha Stadium 99-500 Salt Lake Boulevard, Honolulu, Hawaii 96701 on or before December 31, 2024, between the hours of 8:00am – 4:00pm. All logistics and coordination will be with Samantha Spain:

samantha.l.spain@hawaii.gov and phone: (808) 483-2500.

SECTION THREE: SPECIAL PROVISIONS

3.1 BIDDER QUALIFICATIONS

To assure that the Bidder is capable of performing the work specified herein, the Bidder shall meet the following requirements at the time of bidding:

A. The Bidder shall be established to conduct business and be based in Hawaii for the past 5 (five) years+ providing a similar scope of services and/or goods.

B. The Bidder shall be registered to do business in the State of Hawaii.

C. The Bidder shall be able to provide a minimum of 3 (three) references for similar scope of services and/or goods being provided.

D. The Bidder shall maintain a permanent office and service facility on the island of Oahu at the time of bidding and during the contract period from where the Bidder conducts business during normal working hours and from where the Bidder is accessible for requests and/or complaints.

An award will not be made to any Bidder failing to meet all of the above qualifications.

These qualifications requirements shall be maintained by the Contractor throughout the entire contract period and any extensions if applicable.

3.2 BID PREPARATION

IFB-SA-24-03 Shipping Container Retail Units for the Aloha Stadium Swap Meet & Marketplace will be awarded through the State of Hawaii’s electronic procurement system (HIePRO). All bid responses must be submitted electronically through HIePRO no later than 2:00 pm., Thursday, May 30, 2024. Bids received after the due date and time or received in a form other than electronically through HIePRO will not be considered.

Bidders are advised that they should not wait until the last minute to submit their bid through HIePRO. Bidders are solely responsible for ensuring that their electronic submission through HIePRO is complete and all necessary files are attached to their bid prior to the IFB due date and time. The Stadium Authority shall not be responsible for any delay or failure of any Bidder to submit any materials updated through the IFB process on a timely basis.

Bidders interested in responding to this electronic solicitation must be registered on HIePRO. To register, visit the following link:

https://hiepro.ehawaii.gov/videos/video/vendor_registration.html.

Reference the Vendor Quick Reference Guide for additional information at https://hiepro.ehawaii.gov/static-resources/VendorQuickReferenceGuide.pdf.

HIePRO will be the system of record for the issuance of the IFB and amendments, if any, receiving bids, and awarding the IFB. Amendments, other information, and materials provided through HIePRO may include additions or changes with respect to the due date and time.

Special instructions in HIePRO related to this solicitation are incorporated herein and made a part of this IFB through reference. Bidders shall review all special instructions in HIePRO.

The Stadium Authority may refuse to answer any questions received outside of HIePRO or after the Questions/Answers deadline.

Bidders are responsible for notifying the Administrative Services Officer Ebru Yilmaz- Pedro (email: ebru.yilmaz-pedro@hawaii.gov) for accessibility concerns related to this

IFB.

A. ATTACHMENT A – BID FORMS

The Bidder shall submit its respective bid under the Bidder’s legal name as registered with the State of Hawaii, Department of Commerce and Consumer Affairs. Failure to do so may delay the Stadium Authority’s review of the bid and execution of the contract.

The Bidder’s execution of Bid Form OF-1 shall constitute the Bidder’s intent to be bound by its bid. The authorized signature on the first page of the Bid Form OF-1 shall be an original signature in ink or electronic signature with audit trail. If unsigned or the affixed signature is a facsimile or a photocopy, the offer shall be automatically rejected unless accompanied by other material, containing an original signature, indicating the Bidder's intent to be bound.

The Completed Bid Forms OF-01 through OF-4 are required and must be uploaded as an attachment (s) on HIePRO before the bid closing.

The Stadium Authority reserves the right:

• To accept or reject any or all bids and to waive any minor or inadvertent discrepancy in the bid documents.

• To withhold award of contract for a period of thirty (30) calendar days from the date of bid opening.

https://hiepro.ehawaii.gov/static-resources/VendorQuickReferenceGuide.pdf

B. TAX LIABLITY

Work to be performed under this solicitation is a business activity taxable under Chapter 237, HRS, and Chapter 238, HRS, where applicable. Bidders are advised that the gross receipts derived from this solicitation are subject to the 4.712% general excise tax (GET) imposed by Chapter 237, HRS.

C. HAWAII GENERAL EXCISE TAX LICENSE

The Bidder shall submit its current Hawaii GET I.D. number in the space provided with its bid, thereby attesting that the Bidder is doing business in the State and will pay such taxes on all sales made to the State of Hawaii.

D. TOTAL BID PRICE

The total bid price shall be the all-inclusive cost to the Stadium Authority, including all applicable taxes and fees, for providing the goods and/or services specified. The Stadium Authority is not responsible for and shall not pay overtime pay resulting from the Contractor’s scheduling of staff.

The bid shall include all administrative and personnel costs and any increase in costs for benefits required by law that are automatically increased as a result of increased wages, such as Federal old age benefits, workers’ compensation, temporary disability insurance, unemployment insurance, and prepaid public health insurance.

The award will be made to the lowest, and responsive bid.

E. INSURANCE

The Bidder is required to maintain in full force and effect during the life of the contract, liability insurance on an occurring basis to protect the Bidder from claims for damages for personal injury, accidental death, and property damage, which may arise from operations under the contract, whether such operations be by himself or by anyone directly or indirectly employed by either of them (see Section 3.9 Liability Insurance). The Bidder shall provide the requested insurance information on its Bid Form where indicated.

F. REFERENCES

The Bidder shall list on its Bid Form where indicated a list of companies or government agencies for which the Bidder has provided or is currently providing goods and/or services similar in nature to the services specified herein. The Stadium Authority reserves the right to contact the references provided. The Stadium Authority also reserves the right to reject any Bidder who has performed unsatisfactorily on other jobs of a nature similar to those required by this IFB.

G. WAGE CERTIFICATE

The Bidder shall complete and submit a Wage Certificate, Bid Form OF-4, with its bid, as an attachment on HIePRO, by which the Bidder certifies that services required will be performed pursuant to §103-55, HRS.

Applicable bidders are advised that §103-55, HRS, provides that the services to be performed shall be performed by employees paid at wages not less than wages paid to public officers and employees for similar work.

3.3 SUBMISSION OF BID

The Bidder must complete and submit Bid Forms OF-1 through OF-4. Bid Forms pages may be downloaded from the HIePRO website (see Attachment A).

All required forms and documents must be submitted electronically, as an attachment, through HIePRO by the deadline specified in Section 1.5 Schedule. Bidders are responsible for ensuring that all required forms and documents are attached when submitting their bid, otherwise a responsive bid from a responsible Bidder may not receive the award.

Bids received outside of the specified deadline and/or by any means other than via HIePRO (i.e. hand delivery, regular postal mail, electronic mail, etc.) shall be rejected and will not be considered for award. There shall be no exception to this requirement.

3.4 RESPONSIBILITY OF BIDDERS

The Bidder, if determined to be qualified and submitting the lowest responsive bid, is required to submit a “Certificate of Vendor Compliance” as proof of compliance with the requirements of §103D-310(c), HRS. This involves evidence of the following:

Chapter 237, tax clearance;

Chapter 383, unemployment insurance;

Chapter 386, workers compensation;

Chapter 392, temporary disability insurance;

Chapter 393, prepaid health care; and Chapter 103D-310(c), Certificate of Good Standing (“COGS”) for entities doing business in the State.

As proof of compliance, the Bidder must furnish to the Stadium Authority a current and valid Certificate of Vendor Compliance from the Hawaii Compliance Express (“HCE”) system prior to award of a contract. If the Bidder is not compliant on HCE at the time of award, the Bidder will not receive the award.

Bidders must use the Hawaii Compliance Express in order to provide proof of compliance.

HCE allows businesses to register online through a simple wizard interface at http://vendors.ehawaii.gov to acquire a “Certification of Vendor Compliance.” The HCE provides current compliance status as of the certificate issuance date. The “Certificate of Vendor Compliance” indicating that vendor’s status is compliant with the requirements of §103D-310 (c), HRS shall be required for the execution of a contract and final payment.

The HCE is an electronic system that allows vendors/contractors/service providers doing business with the State to quickly and easily demonstrate compliance with applicable laws. It is an online system that replaces the necessity of obtaining paper compliance certificates from the Department of Taxation, Federal Internal Revenue Service, Department of Labor and Industrial Relations, and Department of Commerce and Consumer Affairs. The SA may check HCE for compliance at any time. Non-compliance may result in a Bidder not receiving an award, delay of payment, or cancellation of award.

The Stadium Authority will verify compliance with Hawaii Compliance Express (HCE) throughout the term of the contract.

3.5 CERTIFICATION OF INDEPENDENT COST DETERMINATION

By submission of a bid in response to this IFB, the Bidder certifies as follows:

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

Unless otherwise required by law, the costs in its bid have not been knowingly disclosed by the Bidder prior to awarding, directly or indirectly, to any other Bidder or competitor prior to the award of the contract.

No other attempt has been made or will be made by the Bidder to indicate any other person or firm to submit or not to submit for the purpose of restricting competition.

3.6 DISQUALIFICATION OF BIDS

The Stadium Authority reserves the right to disqualify any Bidder if, in its sole discretion, determines that the Bidder does not have the requisite experience or expertise to provide the required services.

The Stadium Authority reserves the right to consider as acceptable only those bids submitted in accordance with all requirements set forth in this IFB and which demonstrate an understanding of the specifications listed herein. Any bid offering any other set of terms and conditions contradictory to those included in this IFB may be disqualified without further notice.

http://vendors.ehawaii.gov/

3.7 CANCELLATION OF SOLICITATIONS AND REJECTION OF BIDS

Section 103D-308, HRS, provides that an invitation for bid, or any or all bids, may be rejected in whole or in part as may be specified in the solicitation, when it is in the best interest of the governmental body which issued the invitation, in accordance with rules adopted by the procurement policy board created in Section 103D-104, HRS, and more thoroughly explained in subchapter 11, Sections 3-122-96 and 3-122-97, HAR. The reasons therefore shall be made part of the contract file.

3.8 CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS

CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS

PROHIBITED If awarded a contract in response to this solicitation, BIDDER agrees to comply with HRS §11-355, which states that campaign contributions are prohibited from a State and county government contractor during the term of the contract if the contractor is paid with funds appropriated by the legislative body between the execution of the contract through the completion of the contract.

3.9 LIABILITY INSURANCE

The following minimum insurance coverage(s) and limit(s) shall be provided by the Contractor:

Coverage Limits

Commercial General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage.

Workers’ Compensation: The CONTRACTOR shall maintain workers’ compensation and employer’s liability insurance that comply with statutory limits

Automobile Liability $2,000,000 general aggregate $1,000,000 combined single limit per occurrence for bodily injury and property damage

Each insurance policy required shall contain the following clauses:

1. “This insurance shall not be cancelled, limited in scope of coverage or non-renewed until after 30 days’ written notice has been given to the State of Hawaii, Department of Business, Economic Development and Tourism, Stadium Authority, P.O. Box 30666, Honolulu, Hawaii, 96820-0666”

2. “The State of Hawaii is added as an additional insured as respect to operations performed for the State of Hawaii”

3. “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.”

4. “Waiver of Subrogation”

The minimum insurance required shall be in full compliance with the Hawaii Insurance Code throughout the entire term of the contract, including supplemental agreements.

Prior to the commencement of the work, the Bidder agrees to deposit with the State of Hawaii certificate(s) of insurance necessary to satisfy the State that the insurance provisions have been complied with. Failure of the Bidder to provide and keep in force such insurance shall be regarded as material default, entitling the State to exercise any or all of the remedies provided for the termination of services.

The procuring of such required insurance shall not be construed to limit Bidder’s liability hereunder nor to fulfill the indemnification provisions and requirements.

Notwithstanding said policy or policies of insurance, Bidder shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with the services.

All policies must provide that thirty (30) days prior written notice of cancellation or material change in coverage be given to certificate holders stated above.

Any delay in the submission and approval of insurance certificates shall not be justification of or grounds for a request by the Contractor postponing the issuance of a notice to proceed notwithstanding the fact that the Contractor shall not be allowed to proceed with the work until said certificates are submitted and approved.

Failure to obtain insurance in accordance with the Section, on the part of the Contractor, shall be considered a major breach of the contract; and should the State be forced to expend funds which would have been covered under the insurance, the Contractor agrees to assume the liability for such funds and to indemnify and hold the State harmless.

3.10 AWARD OF CONTRACT

A Notice of Award, if made, will be issued to the responsive, responsible Bidder submitting the lowest total sum bid. The Bidder is required to bid on every line item specified on the Attachment A Bid Forms OF-1 through OF 4 to be considered for award.

In the event the total sum bid of all bidders received exceeds the project control budget, the Stadium Authority reserves the right to make an award to the apparent lowest bidder if additional funds are available, or by negotiating a reduction of the Scope of Work that is mutually agreed upon by both the SA and the apparent lowest Bidder.

The final award of the contract hereunder will be conditioned upon: (1) Stadium Authority having the right to hold all bids for a period of ninety (90) calendar days from the date of bid opening, during which no bids shall be withdrawn, and (2) funding availability and release.

3.11 EXECUTION OF CONTRACT

The Stadium Authority shall forward to the Winning Bidder a formal contract to be signed within seven (7) calendar days or as otherwise indicated by the Stadium Authority.

No work is to be undertaken by the Contractor prior to the commencement date specified on the Notice to Proceed letter issued by the Stadium Authority upon execution of the contract by both parties. No performance and payment bonds are required.

3.12 NOTICE TO PROCEED

Work will commence on the official commencement date specified on the Notice to Proceed letter issued by the Stadium Authority upon execution of the contract.

3.13 PAYMENT

Section 103-10, Hawaii Revised Statutes provides that the Stadium Authority shall have 30 calendar days after receipt of invoice or satisfactory delivery of goods or performance of the services to make payment. For this reason, the State will reject any bid submitted with a condition requiring payment within a short period of time. Further, the State will reject any bid submitted with a condition requiring interest payments greater than that allowed by Section 103-10, HRS, as amended.

The State will not recognize any requirement established by the Contractor and communicated to the State after award of the contract that requires payment within a shorter period or interest payment not in conformance with statue.

The State will base payment on invoices submitted by the Contractor for satisfactorily completed delivery of the goods and/or services.

The Contractor shall submit invoice(s) to:

Aloha Stadium/Fiscal Office P.O. Box 30666 Honolulu, HI 96820-0666

SECTION FOUR

ATTACHMENT AND EXHIBITS

• Attachment A - BID FORMS OF-1 through OF-4

• Exhibit A - SHIPPING CONTAINER DIAGRAMS

• Exhibit B - AG-008 103D GENERAL CONDITIONS

• Exhibit C - 103 D GENERAL PROVISIONS