LAD 2027_002.pdf

State of Hawai‘i

REQUEST FOR PROPOSALS

RFP NO. LAD 2027-002

KŪKANILOKO STEWARDSHIP SERVICES

ISSUE DATE: July 31, 2026

DUE DATE: September 1, 2026

Office of Hawaiian Affairs 560 N. Nimitz Highway, Suite 200

Honolulu, Hawaiʻi 96817

Notice to Interested Parties: Offerors interested in submitting a proposal are encouraged to register your company by completing the Registration Form and submitting it to the OHA RFP Coordinator via email at proposals@oha.org. See Attachment 2 – RFP Registration Form.

mailto:proposals@oha.org

Notice to Offerors

(Chapter 103D, Hawai‘i Revised Statutes)

REQUEST FOR PROPOSAL (“hereinafter “RFP”) No. LAD 2027-002

Notice is hereby given that pursuant to Chapter 103D, Hawaiʻi Revised Statutes, as amended, (hereinafter “HRS”), the Office of Hawaiian Affairs (hereinafter “OHA”) will be accepting proposals from qualified entities to update its stewardship contract for the Kūkaniloko Birthstones site and surrounding area (approximately 400 meters in diameter centered on the Birthstones, inclusive of the traditional Hawaiian hale and associated grounds) to manage access, maintain the grounds, and implement cultural programming.

This RFP may be downloaded from either the State Procurement Office (hereinafter “SPO”) website at https://hiepro.ehawaii.gov or the OHA website at www.oha.org/solicitations beginning July 31, 2026.

Proposals shall be submitted no later than 2:00 p.m. Hawaiʻi Standard Time (hereinafter “HST”), September 1, 2026. Proposals shall be submitted through the HIePRO website.

The OHA reserves the right to reject any and all proposals and to accept any proposal in whole or in part when in the best interest of the OHA and the State. Questions relating to this solicitation shall be submitted through the HIePRO website.

OFFICE OF HAWAIIAN AFFAIRS

Kaialiʻi Kahele Board of Trustees Chairperson, Chief Procurement Officer, Head of Purchasing Agency http://www.oha.org/solicitations

Table of Contents

Section 1 – Administrative Overview

Section 2 – Scope of Services

Section 3 – Proposal Format and Instructions

Section 4 – Proposal Evaluation & Award

Section 5 - Attachments

Attachment 1 - Proposal Submittal Checklist

Attachment 2 – RFP Registration Form

Attachment 3 – Sample Cover Letter

Attachment 4 – Wage Certificate

Attachment 5 – Offer Form OF-1 and OF-2

Attachment 6 – OHA General Terms and Conditions

Attachment 7 – 2026-2027 Hawai‘i State Government Observed Holidays

Administrative Overview 1 RFP No. LAD 2027-002 Kūkaniloko Stewardship Services

Section 1 – Administrative Overview

I. Authority

In 1978, the Article XII of the State of Hawai‘i Constitutional Convention established the Office of Hawaiian Affairs (hereinafter “OHA”) to address the historical injustices and challenges arising out of those circumstances. Chapter 10 of the Hawaiʻi Revised Statutes, as amended, outlines the OHA’s duties and purposes, including promoting and protecting the rights of Native Hawaiians.

The OHA is a semi-autonomous public agency of the State of Hawai‘i with the legal mandate of bettering the conditions of Native Hawaiians. The OHA’s mission is “To mālama (protect) Hawaiʻi’s people and environmental resources and the OHA’s assets toward ensuring the perpetuation of the culture, the enhancement of lifestyle, and the protection of entitlements of Native Hawaiians while enabling the building of a strong and healthy Hawaiian people and nation, recognized nationally and internationally.”

The OHA seeks to competitively procure and engage a qualified entity to update its stewardship contract at the Waialua Courthouse to expand property management services, including handling utilities, managing repairs, and conducting revenue-generating activities for a commission.

A determination has been made that the OHA is unable to secure these services through a low bid process. Factors included in the determination are: 1) price is not the primary consideration in determining an award; 2) the resulting contract may need to be other than a fixed price type; 3) the specifications for the services cannot be sufficiently described through low bid process; 4) oral or written discussion need to be conducted with Offerors concerning their proposals; 5) Offerors may need to revise their proposal, including price; and 6) the award needs to be based on a comparative evaluation in order to determine the most advantageous offering to the OHA. To that end, a low bid process is not practicable.

This RFP is issued under the provisions of Chapter 103D, HRS, as amended, and its companion administrative rules. Offerors are charged with presumptive knowledge of all requirements of the cited authorities. Submission of a valid executed proposal by any Offeror will constitute admission of such knowledge on the part of such Offeror.

II. RFP Organization

This RFP is organized into five (5) sections:

Section 1: Administrative Overview – Provides Offeror with an overview of the procurement and contracting process.

Administrative Overview 2

Section 2: Scope of Services – Provides Offeror with a general description of the tasks to be performed, delineates Offeror’s responsibilities, and defines deliverables as applicable.

Section 3: Proposal Form and Instruction – Describes the required format and content for the proposal.

Section 4: Proposal Evaluation & Award – Describes how proposals will be evaluated.

Section 5: Attachments

III. Contracting Office

The Contracting Office is responsible for overseeing the procurement and issuing the Contract resulting from this RFP. The Contracting Office is:

Office of Hawaiian Affairs Procurement Services Program 560 North Nimitz Highway, Suite 200 Honolulu, Hawai‘i 96817 Telephone: (808) 594-1888

The RFP Coordinator or his/her designated representative is listed below:

Alison Roney Office of Hawaiian Affairs

Procurement Services Program 560 North Nimitz Highway, Suite 200 Honolulu, Hawai‘i 96817 Email: alisonr@oha.org

The OHA reserves the right to change the RFP Coordinator without prior written notice.

The Legacy Land program is responsible for administering and monitoring the Contract.

The designated Contract Administrator or his/her designated representative is responsible for monitoring the activities performed under the Contract and is identified as:

Keone Oldroyd

560 North Nimitz Highway, Suite 200 Honolulu, Hawai‘i 96817

Any changes to the Contract Administrator or his/her designated representative will be provided in writing to the Offeror. The OHA reserves the right to make the changes to the Contract Administrator.

Administrative Overview 3

Once the Offeror has received the Notice to Proceed, all communications regarding approvals, reports, and requests shall be directed to the Contract Administrator.

IV. Terms and Acronyms

BAFO Best and Final Offer BOT Board of Trustees COGS Certificate of Good Standing CPO OHA Chief Procurement Officer DCCA Department of Commerce and Consumer Affairs FY Fiscal Year GET General Excise Tax HAR Hawaiʻi Administrative Rules HCE Hawaiʻi Compliance Express HOPA Head of Purchasing Agency HRS Hawaiʻi Revised Statues HST Hawaiʻi Standard Time KP Ka Pouhana/Administrator Kūkākūkā Discussion OHA Office of Hawaiian Affairs RFP Request for Proposals

STATE State of Hawaiʻi, including its department, agencies, and political subdivisions

SOP Standard Operating Procedures SPO State Procurement Office TMK Tax Map Key USPS United States Postal Service

V. Procurement Timeline

Activity Scheduled Dates

Release of Request for Proposals Friday, 07/31/26 Site Visit at Kūkaniloko Friday, 08/14/26 at 8:00 a.m. HST Due Date to Submit Questions Monday, 08/17/26 by 2:00 p.m. HST OHA’s Response to Questions Thursday, 08/20/26 by 4:00 p.m. HST Proposals Due Date/Time Tuesday, 09/01/26 by 2:00 p.m. HST Proposal Evaluations 09/02/26 – 09/09/26 Offerors’ Presentation/Discussion (if necessary)

TBD

Best and Final Offer (if necessary)

TBD

Notice of Award September 2026 Contract Start Date September 2026

Administrative Overview 4

The OHA reserves the right to amend or revise the timetable without prior written notice when it is in the best interest of the OHA. The schedule represents the OHA’s best estimate of the schedule that will be followed. All times indicated are HST. If a component of this schedule is delayed, the rest of the schedule may be shifted accordingly.

VI. Site Visit

Individuals or firms are strongly encouraged to attend the site visit that will be held on Friday, August 14, 2026, at 8:00 a.m. Hawaii Standard Time (hereinafter “HST). All individuals or firms shall meet at the Kūkaniloko Birthstones site located near Lake Wilson, Whitmore Avenue, and Kamehameha Highway, Wahiawā, Hawaiʻi 96786, TMK No: 7-1-001:048, 7-1-012:013, 009. Please RSVP by submitting the RFP Registration Form to Alison Roney at alisonr@oha.org by Thursday, July 13, 2026 at 4:00 p.m. HST if you will be attending the site visit.

VII. Submission of Questions

Offerors are encouraged to submit questions pertaining to this RFP. Questions must be submitted to the RFP Coordinator through the HIePRO website no later than the “Due Date to Submit Questions” date, identified in Section 1, Item V. Procurement Timetable.

All questions will be responded to in an addendum to this RFP and posted to the OHA’s website and the SPO website no later than the “OHA’s Response to Questions” date identified in Section 1, Item V. Procurement Timetable.

The only official position of the OHA is that which is stated in writing and issued in this RFP and/or as addenda to this RFP. No other means of communication, whether oral or written, will be construed as a formal or official response or statement and may not be relied upon as such.

VIII. Submission of Sealed Proposal

A. Form/Formats. Proposal forms and formats such as for the price proposal are included in Section 5 – Attachments to this RFP.

B. Proposal Submittal. Proposals must be submitted via the HIePRO website by the date and time designated in this RFP. Any proposals received after the designated date and time will be rejected.

C. Pre-opening Modification or Withdrawal. The Offeror may modify or withdraw a proposal before the proposal due date and time. Any change, addition, deletion of attachment(s), or data entry of an Offer may be made prior to the deadline for submittal of offers.

D. Wages and Labor Law Compliance. Prior to entering into a Contract in excess of

$25,000, an Offeror will certify that it complies with section 103-55, HRS, as

Administrative Overview 5 amended, entitled “Wages, hours, and working condition of employees of Successful Offerors performing services.” Section 103-55, HRS, provides that the services to be performed will be performed by employees paid at wages not less than wages paid to public officers and employees for similar work. Offerors are further advised that in the event of an increase in wages for public employees performing similar work during the period of the Contract, the Offeror will be obligated to provide such increased wages.

Offerors will complete and submit the attached Wage Certificate certifying that the services required will be performed pursuant to section 103-55, HRS. See Attachment 5 – Wage Certificate.

The Offeror will be further obligated to notify his/her employees performing work under this Contract regarding the provisions of section 103-55, HRS, and current wage rates for public employees performing similar work. The Offeror may meet this obligation by posting a written notice to this effect in the Offeror’s place of business in an area accessible to all employees.

Offerors are strongly encouraged to account for salary increases as posted by the State of Hawai‘i Department of Human Resources Development (hereinafter “DHRD”). The OHA will consider requests for increases as a result of wage increases to public officers and employees during the Contract period or any option period that is not published. At the release of this solicitation, the effective wages through January 1, 2028 for state employees performing similar work have been published by the DHRD.

If wages increase after the execution of the Contract, the Offeror may request an increase in Contract price in order to correspondingly increase the wages of the Offeror’s employees performing the work, including 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 health insurance.

The Offeror will not be paid for any reimbursement of retroactive pay negotiated by the State. The Offeror’s request for the increase must meet the following criteria:

1. At the time of the offer, if the Offeror’s hourly wage rate is greater than the prevailing State wage, the Offeror’s requests for increase will not be considered.

2. At the time of the request, the Offeror must or must have provided documentation to show that it is in compliance with section 103-55, HRS (i.e., its employees are being paid no less than the known wage rates of a State position). Documentation will include the employee’s payroll records and a statement that the employees are being utilized for this Contract.

Administrative Overview 6

3. Request for an increase must be made in writing to the OHA on a timely basis as follows:

a. Request for increase for the initial Contract period must be made as soon as practicable after the State wage agreements are made public. Approved requests will be retroactive to the date of increase for the State employees with adequate documentation that the Offeror provided its employees a wage increase.

b. To obtain the current wage information, download the information from the Department of Human Resources Development’s website at the following address:

https://dhrd.hawaii.gov/state-employees/classification-and-compensation/

It is the sole responsibility of the Offeror to comply with section 103-55, HRS, as applicable.

E. Confidential Information. If an Offeror believes that any portion of a proposal contains information that should be withheld as confidential, the Offeror will request in writing nondisclosure of such information and provide justification to support the designation of confidentiality. Such information will accompany the proposal, be clearly marked, and will be readily separable from the proposal documents to facilitate the eventual public inspection of the non-confidential section of the proposal documents. Note the price and the provisions of the minimum required services are not considered confidential and will not be withheld.

Offerors who choose to identify portions of their proposal as confidential will be responsible for ensuring that the minimum services are not included. The OHA will not make any determination of confidentiality for the Offeror.

If the proposal is marked confidential in its entirety, the OHA Procurement Services Program will not make a determination of confidentiality and will refer any request for information to the OHA’s Corporate Counsel Office and/or the State’s Office of Information Practices.

F. Exceptions. Offerors will list any exceptions taken to the terms, conditions, specifications, or other requirements listed herein. Offerors must reference the RFP section where the exception is taken and provide a description of the exception taken and any proposed alternative. The OHA will retain the right to grant exceptions to discretionary policies. Request for exceptions from State, Federal, or local laws will not be approved.

IX. Discussions with Offerors Prior to Proposal Submissions

Administrative Overview 7

Discussion may be conducted with the Offeror to promote understanding of the OHA’s requirements.

X. Opening of Proposals

The date and time recorded for the receipt of any proposals by the OHA, any modification to proposals and withdrawals of proposals will be the date and time of receipt registered on HIePRO. The procurement file will be open to public inspection after a contract has been awarded and executed by all parties. Proposals will not be opened at a public proposal opening.

XI. Additional Materials and Documentation

Proposal samples or descriptive literature should not be submitted unless specifically requested within the RFP. Offerors may include up to five (5) pages of documentation, literature and samples or brochures of related services which demonstrate experiences to related services.

XII. RFP Amendments

The OHA reserves the right to amend this RFP at any time prior to the proposal submission deadline. Offerors will be notified of the availability of amendments through verbal or written communications. All amendments to this RFP will be posted to HIePRO and to the OHA website www.oha.org/solictations.

XIII. Additional Terms and Conditions

The OHA reserves the right to add terms and conditions during contract negotiation and discussions. These terms and conditions may be applicable to the scope of the RFP and will not affect the proposal evaluation.

XIV. Trade Secrets/Confidential Information

If an Offeror believes that any portion of their proposal contains information that should be withheld as confidential, the Offeror will provide a written request for nondisclosure of such information to be kept confidential and provide justification to support confidentiality. Such information will accompany the proposal, will be clearly marked, and will be readily separable from the proposal packet to facilitate eventual public inspection of the non-confidential sections of the proposal packet. Note that price is not considered confidential and will not be withheld.

XV. Intellectual Property Rights

The OHA reserves the right to unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive licenses to use, modify, reproduce, perform, release, display, create http://www.oha.org/solictations

Administrative Overview 8 derivative works from the work product, to disclose the work product, and to transfer the intellectual property to third parties for the OHA’s purposes.

The Offeror understands that the information obtained from these efforts is the sole property of the OHA, that any use of the information must be approved by the Contract Administrator, and that any information and all materials used to complete the project will be returned to the OHA.

XVI. Cancellation of the Request for Proposals

The RFP may be cancelled and any or all proposals rejected in whole or in part, without liability to the OHA, when it is determined to be in the best interest of the OHA.

XVII. Costs for Proposal Preparation and Verification

Any costs incurred by the Offeror in preparing or submitting a proposal are the Offeror’s sole responsibility. Any cost incurred by the Offeror prior to the execution of a contract is not eligible for reimbursement.

Costs incurred in connection with the review, inspection and verification of information provided in the RFP will be the Offeror’s sole responsibility.

Offerors will ensure that the OHA is provided with the written authorization(s) necessary to verify information provided in the Offeror’s proposal.

XVIII. Mistakes in Proposals

While Offerors are bound by their proposals, circumstances may arise where a correction or withdrawal of a proposal is proper. An obvious mistake in a proposal may be corrected, withdrawn, or waived by the Offeror to the extent that it does not conflict with the best interest of the OHA or to the fair treatment of other Offerors. Mistakes in proposals will be handled as provided for in section 3-122, HAR.

XIX. Rejection of Proposals

The OHA reserves the right to consider as acceptable and responsive only those proposals submitted in accordance with all requirements set forth in this RFP and which demonstrate an understanding of the problems involved and comply with the service specifications. Any proposal offering any other set of terms and conditions contradictory to those included in this RFP may be rejected without further notice.

A proposal may be automatically rejected for any one (1) or more of the following reasons:

1. Cancellation of solicitations and rejection of offers (HAR §3-122-95);

Administrative Overview 9

2. Cancellation of solicitation (HAR §3-122-96);

3. Rejection of offers (HAR §3-122-97);

4. Reporting of anti-competitive practices (HAR §3-122-191 to §3-122-196);

5. Rejection for inadequate accounting system (HRS §103D-314(2));

6. Late proposals (HAR §3-122-16.08);

7. Proposal not responsive (HAR §3-122-97(b) and HAR §3-122-97(c)); and

8. Offer not responsible (HAR §3-122-97(b) and HAR §3-122-97(c)).

XX. Notice of Award

Any contract arising out of this solicitation is subject to the availability of funding and the approval by the Division Director as to content, the OHA’s Corporate Counsel as to form, and subject to the approval by the OHA Administrator/Ka Pouhana (“KP”) or designated signing authority, or the Head of Purchasing Agency.

The Offeror will receive a Notice of Award which will indicate that the Offeror has been selected to provide the services under this RFP.

No work is to be undertaken by the Offeror prior to the Contract commencement date.

The OHA is not liable for any work, contract, costs, expenses, loss of profits, or any damage whatsoever incurred by the Offeror prior to the Contract commencement date as specified in the contract.

Pursuant to section 3-122-112, HAR, Responsibility of Offeror, the Offeror will produce documents to the Procurement Officer to demonstrate compliance with this section.

The Offeror receiving the award will be required to enter into a formal written Contract with the OHA. The General Terms and Conditions of the Contract are attached, and minimum service specification are included herein. See Attachment 7 – OHA General Terms and Conditions.

XXI. Protests

Pursuant to sections 103D-701, HRS, as amended, and 3-126-4 HAR, an actual or prospective Offeror who is aggrieved in connection with the solicitation or award of a Contract may submit a protest. An actual or prospective Offeror may protest the solicitation or award of services only for a serious violation of procurement policies and operational procedures. Only the following matters may be protested:

Administrative Overview 10

1. A state purchasing agency’s failure to follow procedures established by Chapter 103D, HRS, as amended.

2. A state purchasing agency’s failure to follow any statute established by Chapter

103D, HRS, as amended.

3. A state purchasing agency’s failure to follow any procedure, requirement, or evaluation criterion in a request for proposals issued by the state purchasing agency.

The Notice of Protest shall be emailed to proposals@oha.org and the Procurement Officer who is conducting the procurement as indicated below 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 will be submitted in writing prior to the date set for receipt of offers, a protest of an award or proposed award will be submitted within five (5) days after the posting of award of the Contract.

Deliveries from other than USPS will be considered hand deliveries and considered to be submitted on the date of actual receipt by the OHA. Any notice of award letter(s), resulting from this solicitation will be posted on the Procurement Reporting System on the State Procurement Office website at https://hands.ehawaii.gov/hands/opportunities and the OHA website at www.oha.org/solicitations.

Head of the OHA Contracting Office Procurement Officer Name: Kaialiʻi Kahele Name: Christopher Stanley Title: Board of Trustees Chairperson, Chief Procurement Officer, Head of Purchasing Agency

Title: Procurement Manager

Mailing: Office of Hawaiian Affairs Address: 560 North Nimitz Highway, Suite 200 Honolulu, Hawai‘i 96817

Address: Office of Hawaiian Affairs 560 North Nimitz Highway, Suite 200 Honolulu, Hawai‘i 96817

XXII. Availability of Funds

The award of a Contract and any allowed renewal or extension thereof, are subject to the availability and allotment of the OHA funds, State, and/or Federal funds.

XXIII. Monitoring and Evaluation

The Offeror’s performance under the Contract will be monitored and evaluated by the Contract Administrator or his/her designated representative, the OHA auditor, and/or other designated representatives.

Failure to comply with all material terms of the Contract may be cause for suspension or termination as provided in the General Terms and Conditions. The Offeror may be mailto:proposals@oha.org https://hands.ehawaii.gov/hands/opportunities

Administrative Overview 11 required to submit additional written reports, including a corrective action plan, in response to monitoring conducted by the OHA. These additional reports will not be considered a change to the scope of work and will continue for a duration of time as deemed necessary by the OHA.

XXIV. General Terms and Special Conditions of Contract

The General Terms and Conditions that will be imposed contractually are included as an attachment. See Attachment 7 – OHA General Terms and Conditions.

Special Conditions may be imposed by the OHA. The OHA reserves the right to make appropriate modifications to the quantity of items or reporting requirements contingent upon unforeseen conditions.

XXV. Cost Principles

The OHA will utilize standard cost principles from section 3-123, HAR, which are available on the SPO website. Nothing in this section will be construed to create an exemption from any cost principle arising under State and Federal laws.

XXVI. Campaign Contributions by State and County Successful Offeror Prohibited

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

(END OF SECTION)

Scope of Services 12

Section 2 – Scope of Services

I. Information

A. Project overview and history

The OHA is the fee simple owner of 511-acres of agricultural land surrounding the Kūkaniloko Birthstones State Historic Site, located near Lake Wilson, Whitmore Avenue, and Kamehameha Highway, Wahiawā, Hawaiʻi 96786, TMK No: 7-1- 012:009, 010, 011, and 013. The OHA manages the state-owned Kūkaniloko Birthstones State Historic Site (TMK No: 7-1-012:012) via executive order.

The OHA requires a steward to manage day-to-day access, maintain the grounds, and implement cultural programming at its Kūkaniloko Birthstones site and surrounding area (approximately 400 meters in diameter centered on the Birthstones, inclusive of the traditional Hawaiian hale and associated grounds) (the "Premises").

B. Funding source and period of availability

Funds are subject to the biennial budget as approved by the OHA Board of Trustees and/or allocation by the Governor and State Legislature. Funding and period of availability may change upon written notice by the OHA.

It is understood that the contract will not be binding unless the OHA can document that there is an available and unexpended appropriation or balance of an appropriation over and above all outstanding contracts sufficient to cover the amount required by the contract. Any contract entered into as a result of this RFP is binding only to the extent that funds are certified as available and allocated and received by the OHA.

The availability of funds in excess of the amount certified as available shall be contingent upon future appropriations or special fund revenues.

It has been determined that there are sufficient funds to pay for the initial term of the Contract and the funds necessary for the remaining term(s) of the Contract are likely to be available from the OHA. Pursuant to Chapter 103D-315, HRS, as amended, the OHA reserves the right to cancel the contract when future funds are not available to support continuation of performance in subsequent contract periods. Nothing in this RFP shall be interpreted to mean that the OHA shall be liable to pay for services provided.

II. General Requirements

A. Qualifying Requirements

1. The Offeror will comply with section HRS §103D-601, as amended, entitled “Cost principles rules required.”

Scope of Services 13

2. The Offeror must have no outstanding balances owing to the OHA. Exception may be granted by the KP of the OHA for debts recently acquired and for debts for which a repayment plan has been approved by the KP of the OHA.

3. Offerors are advised that if awarded a Contract, the Offeror must furnish proof of compliance with the requirements of Section §3-122-112, HAR.

a. Chapter 237, HRS, General Excise Tax Law;

b. Chapter 383, HRS, Hawaiʻi Employment Security Law;

c. Chapter 386, HRS, Workers’ Compensation Law;

d. Chapter 392, HRS, Temporary Disability Insurance;

e. Chapter 393, HRS, Prepaid Health Care Act; and

4. Be registered and incorporated or organized under the laws of the State of

Hawai‘i (hereinafter “Hawai‘i business”).

The Offeror(s) will be one (1) of the following:

a. Hawaiʻi business: A business entity referred to as a “Hawaiʻi business” is registered and incorporated or organized under the laws of the State of Hawaiʻi. As evidence of compliance, the Offeror will submit a CERTIFICATE OF GOOD STANDING issued by the Department of Commerce and Consumer Affairs Business Registration Division (hereinafter “DCCA”). A Hawaiʻi business doing business as a sole proprietorship is not required to register with the DCCA, and therefore not required to submit the certificate. An Offeror’s status as sole proprietor or other business entity and its business street address will be used to confirm that the Offeror is a Hawaiʻi business.

b. Be registered to do business in the State of Hawaiʻi (hereinafter “compliant non-Hawaiʻi business”).

Compliant non-Hawaiʻi business: A business entity referred to as a “compliant non-Hawaiʻi business,” is not incorporated or organized under the laws of the State of Hawaiʻi, but is registered to do business in the State. As evidence of compliance, the Offeror will submit a CERTIFICATE OF GOOD

STANDING.

5. Business Office

Scope of Services 14

The Offeror will have, at a minimum, a telephone number and electronic mail address from which it conducts business and be accessible by telephone from 8:00 a.m. to 5:00 p.m. HST, for meetings, teleconferences, video conferences, concerns or requests that need immediate attention. An answering service is not acceptable. An office location, telephone number and electronic mail address will be identified in the Offerors’ proposal.

6. Certificate of Eligibility

The Offeror will demonstrate compliance with the following:

a. Tax Clearance Form A-6;

b. Department of Labor and Industrial Relation, Applications for Certificate of

Compliance Form LIR#27; and

c. Certificate of Good Standing issued by the DCCA and the Hawaii Compliance Express (hereinafter “HCE”), which allows businesses to register online through a simple wizard interface at:

https://vendors.ehawaii.gov/hce/splash/welcome.html

The HCE provides the applicant with a “Certificate of Vendor Compliance” with current compliance status as of the issuance date, accepted for both contracting purposes and final payment. Business that elect to use the new HCE services will be required to pay an annual fee of $12.00 to the Hawai‘i Information Consortium, LLC (hereinafter “HIC”).

7. Indemnification

The Offeror will defend, indemnify, and hold harmless the State of Hawai‘i, the OHA, its elected and appointed officials, officers, agents and employees, from and against all liability, loss, damage, cost, and expense, including attorneys’ fees, and all claims, suits, and demands arising out of or resulting from the acts or omission of the Offeror or the Offeror’s officers, employees, agents or Subcontractors.

8. Insurance Requirements

To be eligible for award, the Offeror agrees to acquire insurance from an insurance carrier or carriers licensed to conduct business. Prior to the Contract start date, the Offeror shall furnish to the Contracting Office a valid certificate(s) of insurance as evidence of the existence of the following insurance coverage in the amount not less than the amounts specified. The insurance must be maintained in full force and effect throughout the entire performance period.

https://vendors.ehawaii.gov/hce/splash/welcome.html

Scope of Services 15

Failure to maintain the required insurance is considered a material default of the Contract.

Coverage Limits Commercial General Liability (including personal injury, death, and property damage)

$2,000,000 per occurrence; $2,000,000 general aggregate per policy year;

$2,000,000 product and completed operations aggregate limit per policy year.

Personal and Advertising Injury

Umbrella Liability

$1,000,000 each occurrence.

$2,000,000 aggregate.

Automobile Insurance covering all owned, non-owned, and hired automobiles

Bodily injury liability limits of $1,000,000 each person and $1,000,000 per accident; property damage liability limits of $1,000,000 per accident. Or $2,000,000 combined single limit.

Workers Compensation as required by laws of the State of Hawaiʻi

Insurance to include Employer’s Liability.

Such coverage shall apply to all employees of the Offeror and (in case any sub-Successful Offeror fails to provide adequate similar protection for all its employees) to all employees of sub- Successful Offerors

a. The State of Hawai‘i, the OHA, its elected and appointed officials, employees, and volunteers shall be named added as additional insured with respect to occurrences during or in connection with the performance of this contract.

Before the effective date of this contract, the Offeror agrees to provide the OHA with certificate(s) of insurance necessary to satisfy the OHA that the insurance provision of this contract have been complied with and to keep such certificate(s) on deposit with the OHA during the entire term of this contract.

The minimum insurance required shall be in full compliance with the Hawaiʻi Insurance Code throughout the entire term of the contract, including supplemental contracts, and shall be written by a company authorized to do business in the State of Hawaiʻi and rated no less than an AM Best rating of A-VIII. The Offeror and its carriers agree to waive their rights of subrogation with respect to any claims covered, or which should have been covered, by valid and collectible insurance, including any deductibles or self-insurance maintained thereunder. Upon request by the OHA, the Offeror shall furnish a copy of the policy or policies that satisfy the insurance requirements of this Contract.

Scope of Services 16

b. Failure of the Offeror to provide and keep in force such insurance shall be regarded as a material default under this contract, entitling the OHA to exercise any or all the remedies provided in this contract for default of the Offeror.

c. The procuring of such required policy or policies of insurance shall not be construed to limit the Offeror’s liability hereunder or to fulfill the indemnification provisions and requirements of this Contract.

Notwithstanding said policy or policies of insurance, the Offeror shall be obliged for the full and total amount of damage, injury, or loss cause by negligence or neglect connected with this Contract.

d. To satisfy the minimum coverage limits required by this Contract, the Offeror may use an umbrella policy in addition to the mandatory insurance policies (e.g, general liability insurance, automobile Insurance, and workers’ compensation) provided that the OHA approves, and the umbrella policy follows the underlying coverage forms.

e. The Offeror shall notify the OHA in writing of any cancellation or substantive change in insurance at least thirty (30) calendar days prior to the effective date of such cancellation or change.

f. The OHA is a self-insured semi-autonomous state agency. The Offeror’s insurance shall be primary. Any insurance maintained by the State of Hawai‘i and the OHA shall apply in excess of and shall not contribute to insurance provided by the Offeror.

g. Other Additional Insurance

The Offeror may, at its own expense, obtain additional insurance coverage for further protection subject to the OHA’s approval. Request for approval will include a description of the additional insurance coverage, the amount of the premium, and justification for additional insurance.

9. Minority/Women Business Participation (hereinafter “MBE/WBE”)

Whenever possible, the Offeror awarded the contract agrees to subcontract with minority owned business enterprises and/or women owned business enterprises certified as such as recognized.

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10. Using Best Effort to Fulfill Minority/Women Business Participation

In the event that the OHA has reasonable belief that the Offeror will not use its best efforts to meet the MBE/WBE participation goal, the OHA reserves the right to cancel the Contract in whole or in part. Best efforts may be established by demonstrating that the Offeror already is or is working towards being certified as an MBE/WBE or has contracted or solicited bid/quotes from subSuccessful Offerors that are certified as MBE/WBE through the Small Business Administration.

B. Type of Contract

1. The Offeror will be required to execute a contract for goods and services based on competitive sealed proposals.

The contract will be on a reimbursement basis. All costs incurred must be supported by verifiable evidence that payment was made (e.g. invoices and/or receipts). No profit or administrative mark-up will be allowed on project reimbursable expenses, including, without limitation, postage, supplies, and travel.

Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the Offeror will execute and deliver to the OHA a contract in such number of copies as required by the OHA.

The Offeror will be required to enter into a formal written contract with the OHA in accordance with the laws, rules and regulations of the State of Hawai‘i. The stated requirement appearing elsewhere in this RFP will be incorporated and will become part of the terms and conditions of the contract.

By submission of a proposal, the Offeror warrants and represents that they have read and are familiar with the contractual and service requirements set forth in the RFP and its attachments, the provisions of which are expressly incorporated into this RFP by reference.

All proposals will become the property of the OHA. The Offeror’s proposal will be incorporated in the resulting contract by reference.

2. Subcontracting

No work or services will be subcontracted or assigned without the prior written approval of the OHA. No subcontract will under any circumstances relieve the Offeror of his/her obligation and liability under contract with the OHA. All persons engaged in performing the work covered by the contract will be considered employees of the Offeror.

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3. Contract Modification

The contract may be modified only by a written supplemental contract signed by the OHA and the authorized signatory designated to sign contracts on behalf of the Offeror as designated in a corporate resolution, if applicable.

4. Additional Services and Fees

The Offeror and the OHA will negotiate for additional needed services and fees for work not described in the contract by which may arise during the course of the contract. Any agreement will be in writing, executed by all parties, and shall be attached to the contract as a contract amendment to expire at the same time as the original contract or subsequent period.

5. Laws, Rules, Ordinances and Regulations

Reference to Federal, State, City and County laws, ordinances, rules and regulations and standard specifications will include any amendment thereto effective as of the date of the RFP.

6. Bonds

No performance or payment bond is required.

C. Multiple or Alternate Proposals (Refer to HAR §3-122-4) ☐ Allowed ☒ Not allowed

D. Single or Multiple Contract to be Awarded (Refer to HRS §103D-322)

☒ Single ☐ Multiple ☐ Single & Multiple

E. Single or Multi-Term Contract to be Awarded (Refer to HRS §103D-315) ☐ Single term (2 years or less) ☒ Multi-term (more than 2 years)

Initial term of contract: Twenty-four (24) months

Length of each extension: Up to Twenty-four (24) months, may be less than

Twenty-four (24) months when it is in the best interest of the OHA

Maximum Length of Contract: Not to exceed Sixty (60) months

F. Condition for Contract Extensions

The initial period will commence on the contract start date. The following conditions must be met for an extension:

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1. The Offeror experienced cost savings and has unexpended funds available that can be used to provide additional goods and services; or

2. The OHA determines there is an ongoing need for the services and has funds to extend services not to exceed sixty (60) months. Contract extensions will be awarded as agreed upon in the primary contract. Exceptions will be granted upon satisfactory justification such as increase in cost of goods or services; and

3. A supplemental contract must be executed prior to expiration of the primary contract; and

4. The Offeror must obtain the OHA’s approval in writing.

The option to extend the contract will be at the sole discretion of the OHA. The contract will be extended at the same rates as proposed in the original proposal unless price adjustments are negotiated. Submission of a proposal constitutes acknowledgement by the Offeror that the Offeror is able and willing to contract for services for the duration of the contract period. If the Offeror is unwilling or unable to fulfill the scope of services described in the contract, the OHA reserves the right to assign the costs of re-procurement to any payment owed under the contract. These costs may include without limitations reproduction costs, staff time, and postage.

The Offeror will provide the requested insurance information and a completed wage certificate. The Offeror will pay the State of Hawai‘i general excise tax and all other applicable taxes.

G. Contract price adjustments (other than wage rate increases)

Each proposal offered will be firm for a twenty-four (24) month period upon issuance of the Notice to Proceed.

Contract price adjustments will be limited to liability and/or automobile insurance.

The following conditions must be met for the OHA to consider a price adjustment:

1. The Offeror provides adequate documentation of price increase(s), such as an insurance policy statement;

2. The increase will not exceed five percent (5%) of the original price for each budget line item; and

3. The request for increase must be reasonable and there must be sufficient funding available to support the increase.

III. Contract Monitoring and Remedies

A. Monitoring

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1. The satisfactory provision of goods and services will be monitored by the

Contract Administrator. Performance will be monitored on an ongoing basis by the OHA through desk monitoring and/or other methods by the Contract Administrator and his/her designated representative(s).

2. Should the Offeror fail to comply with the requirements of the contract, the OHA may request a written corrective action plan, a timeline for implementation, and the responsible parties to the OHA. The OHA will monitor the Offeror for implementation of the corrective action plan. The OHA reserves the right to request regular or additional report(s) on progress towards compliance with the contract and the corrective action plan.

3. Should the Offeror continue to fail to comply with the requirements of the contract, the OHA reserves the right to engage the services of another to perform the services to remedy the defect or failure and to deduct such costs from monies due to the Offeror or to directly assess the Offeror.

4. In the event the Offeror fails, refuses, or neglects to perform the services in accordance with the requirements of this RFP and the contract, the OHA reserves the right to purchase in the open market corresponding services and to deduct this cost from the monies due or that may thereafter become due to the Offeror. If monies due to the Offeror is insufficient for this purpose, the Offeror shall pay the difference upon demand by the OHA. The OHA may also utilize all other remedies provided under the contract and/or as permitted by law.

5. In the event the Offeror is not performing the required services as contracted, the

OHA reserves the right to extend the contract for intervals of less than twelve (12) months. During this time, the OHA will monitor the Offeror’s performance and/or improvement and the implementation of its corrective action plan to determine whether the OHA will continue to contract with the Offeror.

B. Termination

The OHA reserves the right to terminate the contract without penalty for cause or convenience as provided in the General Terms and Conditions. See Attachment 7 – OHA General Terms and Conditions.

IV. Scope of Services

All services will be in accordance with this RFP, including its attachments and any addenda.

A. Regular Stewardship Services

1. Stewardship Planning

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Work with OHA to develop a stewardship plan for the Kūkaniloko Birthstones and immediate surrounding grounds. The plan shall include goals, objectives, associated projects, and activities anticipated to be implemented, as well as an estimated timeline and required resources.

a. The plan shall be in alignment with OHA's guiding values for its Wahiawā

Lands:

1) Hoʻomana – Protection & Sanctification

2) Hoʻona'auao – Education & Connection

3) Hoʻoulu ʻĀina – Agriculture, Ecological Restoration, Soil Remediation

b. The plan shall also be aligned with any preservation actions required and recommended in any preservation plans for the premises.

c. Examples of stewardship projects and other activities include:

1) Curriculum development

2) Establishment of an internship and/or docent program

3) Creation of an interpretive trail system on the premises

4) Native planting and harvest

5) Astronomy and navigation programming

d. All necessary documentation and other information, including master plans, preservation plans, environmental assessments, site studies, etc., to inform the creation and implementation of the stewardship plan will be provided to the Successful Offeror by the OHA.

2. Access Management

a. Serve as a primary point of contact for all inquiries about visiting the

Kūkaniloko Birthstones, responding to interested visitors, organizations, schools, and community members in a timely and culturally appropriate manner.

b. Schedule, organize, and conduct site visits, tours, and group access consistent with the stewardship plan and approved access protocols; educate all users about appropriate and inappropriate behaviors while on the Premises, including any cultural protocols or kapu areas.

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c. The Successful Offeror shall be responsible for the use of the Premises by any community member, group, Successful Offeror, partner, or third-party service provider that they invite on to the property, unless and until such parties enter into direct agreements with the OHA.

d. The Successful Offeror shall not enter into any agreements with third parties on behalf of the OHA or purport to grant rights to use the Premises without prior written approval from the OHA.

e. The Successful Offeror shall not deny entry to community members, groups, Successful Offerors, partners, or third-party service providers of other OHA Successful Offerors on the Premises. In the event of inappropriate access or behavior by such parties, the Successful Offeror should contact OHA immediately.

3. Education and Outreach

a. Develop and implement a cultural place-based education program that increases awareness of and understanding about Kūkaniloko and its significance to Hawaiian culture and history. Components of the program should be developed and documented in the stewardship plan.

b. Lead and organize site interpretation tours with interested groups and individuals.

c. Lead and facilitate volunteer opportunities. This may include but is not limited to site maintenance and service projects.

4. Maintenance and Operations

a. Provide grounds maintenance to the Kūkaniloko Birthstones and immediately surrounding area and take care of the simpler landscaping and gardening tasks as needed to keep the site beautiful, accessible, and maintain the view plane to the Waiʻanae and Koʻolau Mountains. Groundskeeping may include the following:

1) Lawn mowing, weed whacking, hand-weeding, and shrub trimming;

2) Control of invasive vegetation, with particular care taken to avoid disturbance to the Birthstones, archaeological features, and any culturally significant plants or areas;

3) Approved planting and maintenance of plants;

4) Maintenance of access paths and surrounding grounds; and

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5) Trash and debris removal.

b. Maintain the traditional Hawaiian hale that will be constructed adjacent to the Birthstones in good order and condition. Maintenance activities shall include, but may not be limited to:

1) Routine cleaning and upkeep of the hale and its immediate grounds, including replacement and repair of thatching;

2) Inspection of structural elements and identification of needed repairs; and

3) Pest control as needed.

c. No physical changes nor alterations to the hale, Birthstone site, archaeological features, or landscape features shall be made without prior written approval from the OHA.

d. Machinery and Equipment: The Successful Offeror may operate motorized equipment on the Premises subject to the following requirements:

1) Prior to the commencement of any motorized equipment use, the

Successful Offeror shall submit to the OHA for approval a list of all equipment to be used on the Premises, together with evidence of applicable operator licenses and insurance coverage;

2) All operators of motorized equipment shall be appropriately licensed for the equipment operated;

3) The Successful Offeror shall maintain…