LLP 2026_003.pdf

State of Hawai‘i

REQUEST FOR PROPOSALS

RFP NO. LLP 2026-003

WAIALUA COURTHOUSE STEWARDSHIP SERVICES

ISSUE DATE: Monday, February 2, 2026

DUE DATE: Monday, March 9, 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. LLP 2026-003

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 at the Waialua Courthouse to expand property management services, including handling utilities, managing repairs, and conducting revenue-generating activities for a commission.

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 Monday, February 2, 2026.

Proposals shall be submitted no later than 2:00 p.m. Hawaiʻi Standard Time (hereinafter “HST”), Monday, March 9, 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. LLP 2026-003 Waialua Courthouse 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: proposals@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.

mailto:proposals@oha.org

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 Monday, February 2, 2026 Site Visit at Waialua Courthouse Thursday, February 12, 2026, 9:00 a.m. HST Due Date to Submit Questions Friday, February 20, 2:00 p.m. HST OHA’s Response to Questions Friday, February 27, 2026, 4:00 p.m. HST Proposals Due Date/Time Monday, March 9, 2026, 2:00 p.m. HST Proposal Evaluations March 10, 2026 – March 17, 2026 Offerors’ Presentation/Discussion (if necessary)

TBD

Best and Final Offer (if necessary)

TBD

Notice of Award March 2026 Contract Start Date March 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 Thursday, February 12, 2026 at 9:00 a.m. Hawaii Standard Time (hereinafter “HST). All individuals or firms shall meet at the Waialua Courthouse located at 66-207 Kamehameha Highway, Haleiwa, Hawaiʻi 96712. Please RSVP by submitting the RFP Registration Form to Alison Roney at alisonr@oha.org by Tuesday, February 10, 2026 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 amended, entitled “Wages, hours, and working condition of employees of contractors

Administrative Overview 5 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.

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

Administrative Overview 6

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

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

Administrative Overview 7

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 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.

http://www.oha.org/solictations

Administrative Overview 8

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);

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

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

Administrative Overview 9

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:

1. A state purchasing agency’s failure to follow procedures established by Chapter

103D, HRS, as amended.

Administrative Overview 10

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 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 mailto:proposals@oha.org https://hands.ehawaii.gov/hands/opportunities

Administrative Overview 11 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 Contractor 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 Contractor 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 manager of the 1.06-acre parcel including the Waialua Courthouse (hereinafter “Courthouse”) located at 66-207 Kamehameha Highway, 96712, Haleʻiwa, Oʻahu, Hawaiʻi, TMK Number: (1) 6-6-009:023. The Courthouse is a historic structure and a margquee landmark near the gateway to Haleʻiwa Town. The Courthouse is managed by the OHA in partnership with the Waialua Hawaiian Civic Club to provide a land base for beneficiaries and beneficiary organizations to gather, meet, plan, and perpetuate Hawaiian culture. As such, community groups such as hula hālau currently use the meeting room facilities once or twice a week.

The OHA is seeking to update its stewardship contract at the Courthouse to allow for increased property management services, including the potential to take over utility payments, execute repair subcontracts with third-party vendors, and pursue and execute revenue generating activities for a commission fee.

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

Scope of Services 13

1. The Offeror will comply with section HRS §103D-601, as amended, entitled

“Cost principles rules required.”

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.

Scope of Services 14

5. Business Office

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

Scope of Services 15 maintained in full force and effect throughout the entire performance period.

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-contractor fails to provide adequate similar protection for all its employees) to all employees of sub-contractors

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 subcontractors 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.

3. Contract Modification

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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. Property Planning and Reporting

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1. Comprehensive Management Plan: The Offeror shall work with the OHA to maintain a comprehensive management plan (hereinafter “CMP”) for the property, outlining, among other things, how the property will be operated, maintained, and improved, including the short-, medium-, and long-term priorities for its use.

2. Property Repair Assessment: The Offeror shall maintain an assessment that identifies all repairs and improvements needed for the property. The assessment shall prioritize repairs based on safety and compliance. The assessment should include cost estimates and a list of requirements to complete the repairs (e.g., permitting, vendor certifications and/or licenses, and requirements of a similar nature).

3. Operating Budget: The Offeror shall prepare and submit to the OHA for its approval on an annual basis, a pro forma budget of any revenues and expenses for the operation, maintenance, and anticipated repair of the property. The Offeror shall manage the property consistent with and subject to the cost limitations set forth in the OHA’s approved budget.

4. Reporting: The Offeror shall provide a monthly report that communicates:

a. The current condition of the Courthouse, including, but not limited to, the condition of the structures, vegetation, and parking lot, and any hazardous or potentially legally noncompliant conditions;

b. Any recommended maintenance, repair, or management actions to remediate or improve those current conditions;

c. A description of the Offeror’s use or maintenance actions conducted at the Courthouse during the month;

d. Any revenue generated from the property and any upcoming revenue generation activities;

e. Any challenges or concerns that arose during the month; and

f. Other pertinent information as requested by the OHA.

B. Site Monitoring

1. The Offeror shall maintain an on-site presence at the Courthouse at least once per week to monitor and assess its condition. Monitoring activities may include, but are not limited to, the following:

a. Reporting trespassers to the Honolulu Police Department;

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b. Conducting weekly site visits and including in quarterly reports to the OHA any vagrant activities observed; and

c. Ensuring only authorized users are utilizing the parking lot.

2. The Offeror shall manage and regulate access to the parking lot. The Offeror shall allow users of the Courthouse to utilize the parking lot and is responsible for denying, towing, and/or citing unauthorized vehicles.

C. Maintenance and Operations

1. The Offeror shall regularly use routine standards to maintain the conditions of the

Courthouse in good order, condition, and repair, reasonable wear and tear excepted. Maintenance activities shall include, but may not be limited to, the following:

a. Landscaping (e.g., maintaining plants, shrubs, and tree trimming);

1) The removal of trees shall be approved in writing in advance by the OHA and done with minimal ground disturbance. Vegetation removal must include steps to minimize erosion and stabilize the ground surface.

b. Cleaning;

c. Payment of utilities;

d. Pest control; and

e. Regular septic maintenance.

2. The Offeror shall purchase in reasonable quantities and at reasonable prices all supplies, materials, tools, and equipment as the Offeror deems necessary or appropriate for the operation and maintenance of the Courthouse.

3. The Offeror may enter into such service and maintenance contracts as the Offeror deems appropriate for the operation and maintenance of the Courthouse consistent with Section H (Professionals and Contractors) below and all contract General Terms and Conditions.

4. All maintenance and operation activities, including the purchase of supplies, materials, tools, and equipment, performed directly by the Offeror are subject to the OHA’s approval. Such services shall be compensated at rates that are reasonable and competitive with prevailing market rates, or as otherwise agreed upon in writing.

D. Repairs

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1. The Offeror, at the OHA’s expense, shall cause such ordinary and necessary repairs to be made to the property and all equipment and systems located in or servicing the Courthouse, subject to written approval by the OHA.

2. No repairs or alterations that would affect the historic character of the property are permitted.

3. Depending on the complexity of the repair and other factors such as cost and liability concerns, the OHA may take over responsibility for the execution of certain repairs from the Offeror.

4. The Offeror shall collaborate with the OHA on any submittals to the State Historic Preservation Division required for the completion of any repairs and improvements.

5. All repair activities, including the purchase of supplies, materials, tools, and equipment, performed…