RFP-09-001-27

RELEASE DATE: September 1, 2026

The State of Hawaii DBEDT – State Foundation on Culture and the Arts

Request for Proposals Solicitation #RFP-09-001-26

SFCA Photographic Services

OFFERS ARE DUE AT 2:00 P.M., HAWAII STANDARD TIME (HST) ON

September 30, 2026

(or such later date as may be established by the State of Hawaii by an Addendum to this RFP)

BY SUBMISSION TO THE DBEDT- STATE FOUNDATION ON CULTURE AND THE ARTS

DIRECT ALL QUESTIONS REGARDING THIS RFP, QUESTIONS OR ISSUES RELATING TO

THE ACCESSIBILITY OF THIS RFP (INCLUDING THE ATTACHMENTS AND EXHIBITS AND

ANY OTHER DOCUMENT RELATED TO THIS RFP) AND REQUESTS FOR ACCOMMODATIONS

FOR PERSONS WITH DISABILITIES IN CONNECTION WITH THIS RFP, TO:

KAMAKANI KONIA, TELEPHONE

(808) 586-9950 OR EMAIL ADDRESS kamakani.p.konia@hawaii.gov.

Karen A. Ewald Procurement Officer

TABLE OF CONTENTS RFP-09-001-27

Table of Contents

RFP Administrative Information

Offer Checklist

Section 1 General Information

Section 2 Solicitation Information

Section 3 Requirements

Section 4 Instructions to Offerors – Proposal Submission

Section 5 Evaluation and Award

Section 6 Evaluation Criteria

6.1 Management Approach

Sub-factor 1: Organization and Approach Sub-factor 2: Key Personnel Sub-factor 3: Training

6.2 Technical Approach

6.3 Past Performance

6.4 Price

Sub-factor 1: Total Price Evaluation Sub-factor 2: Price Reasonableness and Realism

Section 7 Contract Management

7.1 Contract Administrator

7.2 Contractor/State Meetings

7.3 Dispute Process and Escalation

7.4 Quality Control

7.5 Post Award Deliverables

Section 8 Special Provisions

8.1 Scope

8.2 Acceptance and Testing

8.3 Intellectual Property Rights

8.4 Warranties and Disclaimer of Implied Warranties

8.5 Termination for Convenience or Unavailability of Funds

8.6 Preferences

TABLE OF CONTENTS RFP-09-001-27

8.7 Certification of Offeror Concerning Wages, Hours and Working Condition of Employees Supplying Services

8.8 Responsibility of Offerors

8.9 Proposal Preparation

8.10 Confidentiality

8.11 Redaction by the State

8.12 Protest Procedures

8.13 Notice to Proceed

8.14 Contract Execution

8.15 Liability Insurance

8.16 Contract Invalidation

8.17 Mistakes in Proposals

8.18 Modification Prior to Submittal Deadline or Withdrawal of Offers

8.19 Contract Changes – Unanticipated Amendments

8.20 Re-execution of Work

Attachment A FY27 SFCA Photographic Services

Attachment B Cover Form

Attachment C Qualifications Form

Attachment D Budget Form

Attachment E References Form

Exhibit 1 103D-1 General Conditions

RFP ADMINISTRATIVE INFORMATION RFP-09-001-27

RFP Administrative Information RFP Title: SFCA Photographic Services

RFP Project Description:

(See Section 1.1 Purpose)

The State of Hawaii in conjunction is seeking Contractor(s) to SFCA photographic services to document SFCA APP and CWA and exhibitions

RFP Point of Contact:

(See Section 1.6 State Contract Administrator)

Buyer Name – Kamakani Konia Agency Name – State Foundation on Culture and the Arts Agency Address – 250 S. Hotel St. 2nd Floor, Hon. HI 96813 Buyer email – Kamakani.p.konia@hawaii.gov Buyer Phone – (808) 586-9950

Submit proposals electronically via Hawaii Electronic Procurement System (HIePRO):

(See Section 4.4 Electronic Submission of Proposals)

Electronic Submission hiepro.ehawaii.gov

Pre-Proposal Conference:

Pre-Proposal Conference Location:

(See Section 2.4 Pre-Proposal Conference)

N/A

N/A

Deadline to Receive Questions:

(See Sections 1.3 Schedule and Significant Dates and 2.6 Electronic Submission of Questions)

September 16, 2026; 2:00 P.M., Hawaii Standard Time (HST)

Question & Answers:

(Sections 1.3 Schedule and Significant Dates and 2.6 Electronic Submission of Questions)

All questions, including those about Terms and Conditions, must be submitted through HIePro. Questions must be submitted by the question deadline date.

RFP Closing Date: (See Section 1.3 Schedule and Significant Dates)

September 30, 2026

RFP Closing Time: (See Section 1.3 Schedule and Significant Dates)

2:00 P.M. Hawaii Standard Time (HST)

Initial Term of Contract and Renewals:

(See Section 1.5 Period of Performance)

October 5, 2026 to October 4, 2027 Upon mutual agreement, the contract may be extended or amended.

TAKE NOTE THE MANDATORY .75% (.0075) TRANSACTION FEE TO HAWAII INFORMATION CONSORTIUM, LLC DBA NIC HAWAII IS BASED ON SALES FOR AWARDS MADE IN HIEPRO. (DETAILED IN SECTION X.X ELECTRONIC PROCUREMENT AND SECTION X.X

PAYMENT TO HAWAII INFORMATION CONSORTIUM, LLC DBA NIC HAWAII.)

OFFEROR CHECKLIST RFP-09-001-27

Offer Checklist Offeror must address ALL sections and attachments and provide the information and documentation as required in the table below.

No. Description Reference in RFP Completed 1 Offer Checklist – submittal of checklist with all items checked “completed.”

Offer Checklist

2 Offer Form OF-1- Completed and signed

NOTE: Ensure the company name submitted in HIePRO matches the company name on OF-1.

Attachment B through F Offer Form OF-1; Section 8.9.1 Proposal Preparation

3 Table of Contents Section 4.5 Required Format and Content

4 Executive Summary, not to exceed one

(1) page(s)

Section 4.5 Required Format and Content

5 Management Approach, not to exceed five (5) page(s)

Section 6.1 Evaluation Criteria 1

6 Technical Approach, not to exceed five

(5) page(s)

Section 6.2 Evaluation Criteria 2

7 Past Performance Section 6.3 Evaluation Criteria 3;

Offer Form OF-2

8 Price Section 6.4 Evaluation Criteria 4;

Price Proposal Offer Form OF-3

9 Confidential, Protected or Proprietary Information Section

Section 4.5

Authorized Offeror Signature

SECTION 1: GENERAL INFORMATION 6 RFP-09-001-27

REQUEST FOR PROPOSALS

Solicitation # RFP-09-001-27

Section 1: General Information

1.1 Purpose

The State Foundation on Culture and the Arts (SFCA) is issuing this Request for Proposals (RFP) to solicit competitive bids from qualified professional photographers to provide high-quality digital photographic services. The selected Contractor will document the SFCA’s Art in Public Places (APP) collection and Commissioned Works of Art (CWA), encompassing new acquisitions, existing works, exhibitions, and site-specific commissions across a wide variety of artistic media, shapes, and sizes.

The objective is to secure a comprehensive, all-inclusive contract for a twelve (12) month period, from October 5, 2026, through October 4, 2027, to execute twenty-four

(24) primary location photographic sessions and approximately ten (10) off-site and selected neighbor island photographic sessions.

1.2 Background

The State Foundation on Culture and the Arts (SFCA) was established by the Hawaii State Legislature in 1965 to promote, perpetuate, and preserve culture and the arts in Hawaii. Central to this mission is the Art in Public Places (APP) program, which enhances the environmental quality of state public buildings and spaces throughout the islands by acquiring and displaying diverse works of art.

Accurate, professional-grade visual documentation is vital to the SFCA’s operational integrity and public outreach. The imagery generated under this contract serves critical state functions, including official collection registration, digital archiving, exhibition catalogues, and public marketing. Consequently, the SFCA requires specialized photographic services capable of documenting a diverse range of artistic media both at the primary facility and at various site-specific installations across the islands.

1.3 Schedule and Significant Dates

The table below contains the State’s current estimate of the schedule and significant dates. All times are Hawaii Standard Time (HST). If a component of this schedule, such as "Proposals Due Date and Time" is delayed, the rest of the schedule may likely be shifted by the same number of days. Any change to the RFP Schedule and Significant Dates prior to the proposal due date shall be issued by addendum.

Event Date Solicitation Release: September 1, 2026 Pre-Proposal Conference: N/A

SECTION 1: GENERAL INFORMATION 7 RFP-09-001-27

Question Submittal Deadline: September 16, 2026; 2:00 P.M.

Answers to Questions: September 25, 2026; 4:00 P.M.

Proposal Due Date and Time: October 2, 2026; 4:00 P.M.

Evaluations September 30 – October 2, 2026; 4:00

P.M.

Estimated Date for Discussions, if necessary

September 30 – October 2, 2026

Estimated Due Date for BAFO, if necessary

October 2, 2026

Anticipated Award Date: October 2, 2026

1.4 Contract Type

This contract is a Goods and Services contract type.

1.5 Period of Performance (or Term of Contract)

This contract shall be for a period of one (1) year(s) beginning on the date specified on the Notice to Proceed. Unless terminated, the contract may be extended without re-solicitation, upon mutual agreement in writing between the State and the Contractor, prior to the expiration date, for not more than one (1) additional 12-month periods, or parts thereof.

The Contractor of the State may terminate any extended contract period at any time upon ninety (90) days prior written notice.

1.6 Point of Contact

The State Foundation on Culture and the Arts (SFCA) is the issuing office for this document and all subsequent addenda relating to it. The reference number for the transaction is Solicitation # RFP-09-001-27. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

The person identified below is the single point of contact (POC) during this procurement process. Offerors and interested persons shall direct to the POC all questions concerning the procurement process, technical requirements of this RFP, contractual requirements, changes, clarifications, and protests, the award process, and any other questions that may arise related to this solicitation and the resulting contract. The POC designated by the State of Hawaii, State Foundation on Culture and the Arts is:

Kamakani Konia Director, APP Program and Capitol Modern (Hawaiʻi State Art Museum) State Foundation on Culture and the Arts (SFCA) 250 S. Hotel St., 2nd floor, Honolulu, HI 96813 Email: kamakani.p.konia@hawaii.gov Phone: (808) 586-9950

1.7 Definitions

SECTION 1: GENERAL INFORMATION 8 RFP-09-001-27

The following definitions apply to this solicitation.

Contract Administrator means the person designated to manage the various facets of the contract(s) to ensure the Contractor’s total performance is in accordance with the contractual commitments and obligations are fulfilled.

Contractor means the person having a contract with a governmental body.

Fixed-price basis means an established price agreed upon by the Contractor and Purchasing Entity, by agreement or by authority, as the price to be charged for a specified amount of services.

Goods mean all property, including but not limited to equipment, equipment leases, materials, supplies, printing, insurance, and processes, including computer systems and software, excluding land or a permanent interest in land, leases of real property, and office rentals.

Governmental body means any department, commission, council, board, bureau, authority, committee, institution, legislative body, agency, Government Corporation, or other establishment or office of the executive, legislative, or judicial branch, city or county of any U.S. State, (including the Office of Hawaiian Affairs for the State of Hawaii).

Hawaii Administrative Rules (HAR) means the adopted operating procedures for state agencies authorized by the laws of the State of Hawaii.

Hawaii eProcurement System (HIePRO) is the State eProcurement system, a system for issuing solicitations, receiving responses, and issuing notices of award.

Hawaii Revised Statutes (HRS) means the laws that govern the State of Hawaii.

Key Performance Indicator (KPI) means how a quantifiable measure is utilized to assess the success of a Contractor in meeting strategic goals and objectives for performance.

Offeror means the company or firm that submits a proposal in response to this Request for Proposal.

Proposal means the official written response submitted by an Offeror in response to this Request for Proposals.

Proposer has the same meaning as Offeror.

Request for Proposals or "RFP" means the entire solicitation document, including all parts, sections, exhibits, attachments, and Addenda.

SECTION 1: GENERAL INFORMATION 9 RFP-09-001-27

Services means the furnishing of labor, time, or effort by a contractor or Contractor, which involves the delivery or supply of products.

Statement of Work defines the services to be delivered by the Contractor. Note: For the purposes of this RFP, statement of work describes the services within a Task Order when requesting quotes from awarded Contractor(s).

Subcontractor means a Contractor contracted for work by the Prime Contractor.

SECTION 2: SOLICITATION INFORMATION 10 RFP-09-001-27

Section 2: Solicitation Information

2.1 Governing Laws and Regulations

This procurement is conducted by the Department of Business, Economic Development & Tourism (DBEDT), State Foundation on Culture and the Arts (SFCA), in accordance with the State of Hawaii Procurement Code, 103D-303, HRS. Information about SFCA and its governing laws are available at 44Thttp://spo.hawaii.gov/44T.

This procurement shall be governed by the regulations and laws of the State of Hawaii.

Venue for any administrative or judicial action relating to this procurement, evaluation, and award shall be in the State of Hawaii.

2.2 Electronic Procurement

2.2.1 The State has established the Hawaii State eProcurement (HIePRO) System to promote an open and transparent system for vendors to compete for state contracts electronically. Offerors interested in responding to this solicitation must be registered on HIePRO. Registration information is available at the State Procurement Office (SPO) website: 44T https://hiepro.ehawaii.gov/welcome.html, select HIePRO Vendor Registration and then Vendor Registration Guide.

2.2.2 The State will use HIePRO to issue the RFP, receive Offers, and issue

Addenda to the RFP. Addenda and the other information and materials shall be provided by the State through HIePRO, including additions or changes with respect to the dates in Section 1.3 Schedule and Significant Dates. The State shall not be responsible for any person’s or entity’s failure to do so for any reason. The State is not responsible for any delay or failure of any Offeror to receive any materials updated through the RFP Process on a timely basis.

2.2.3 As part of this procurement process, Offerors are informed that awards made for this solicitation, if any, shall be done through the HIePRO and shall, therefore, be subject to a mandatory .75% (.0075) transaction fee, not to exceed $5,000 for the total contract term.

2.2.4 HIePRO Special Instructions. Offeror shall review all special instructions located in HIePRO. Offerors are responsible for ensuring that all necessary files are attached to their offer prior to the proposal deadline.

Offerors are advised that they should not wait until the last minute to submit their proposal on HIePRO. Offerors should allow ample time to http://spo.hawaii.gov/ https://hiepro.ehawaii.gov/welcome.html

SECTION 2: SOLICITATION INFORMATION 11 RFP-09-001-27

review their submitted proposal, including attachments, prior to the proposal deadline.

2.3 RFP Addenda

Changes to this RFP including but not limited to contractual terms and procurement requirements shall only be changed via formal written addenda issued by the SFCA.

The State accepts no responsibility for a prospective Offeror not receiving solicitation documents and/or revisions to the solicitation. It is the responsibility of the prospective Offeror to monitor the Hawaii State eProcurement System (HIePRO) to obtain RFP addenda or other information relating to the RFP.

2.4 Pre-Proposal Conference

A pre-proposal conference will not be held. SFCA will respond to questions on HIePro.

2.5 Questions Regarding RFP Contents

If a Prospective Offeror believes that any provision of the RFP is unclear, potentially defective, or would prevent from providing a meaningful Offer, the Offeror shall submit questions to the State POC requesting clarification on or before the deadline for doing so in Section 1.3 Schedule and Significant Dates. Each question shall identify the page, section number, paragraph, and line or sentence of such provision(s) of the RFP to which the question applies. The State POC will respond by the date for the same in Section 1.3 Schedule and Significant Dates. The State may issue Addenda in response to written questions received regarding the RFP.

2.6 Electronic Submission of Questions

All questions must be submitted through the Hawaii State eProcurement System (HIePRO). Questions must be submitted by the question deadline date and time shown in Section 1.3 Schedule and Significant Dates. Answers will be given via the Hawaii State eProcurement System (HIePRO) site as noted in Section 1.3 Schedule and Significant Dates.

Offerors are cautioned about including context in questions that may reveal the source of questions. The identity of potential Offerors will not be published with the answers, but the text of questions will be restated, to the extent possible, to exclude information identifying potential Offerors.

SECTION 2: SOLICITATION INFORMATION 12 RFP-09-001-27

2.7 Proposal Due Date

Proposals must be received by the posted closing date and time as described in Section

1.3 Schedule and Significant Dates of this RFP.

2.8 Cancellation of Procurement and Proposal Rejection

The State reserves the right to cancel this RFP and to reject any and all proposals in whole or in part, and waive any defects when it is determined to be in the best interest of the State, pursuant to HAR §3-122-96 thru HAR §3-122-97.

2.9 Firm Offers

Responses to this RFP, including proposed costs and/or fees will be considered firm for ninety (90) days after the proposal due date.

2.10 Right to Accept All or Portion of Proposal

Unless otherwise specified in the solicitation, the State may accept any item or combination of items as specified in the solicitation or of any proposal unless the Offeror expressly restricts an item or combination of items in its Proposal and conditions its response on receiving all items for which it provided a proposal. If the Offeror so restricts its Proposal, the State may consider the Offeror’s restriction and evaluate whether the award on such basis will result in the best value to the State. The State may otherwise determine at its sole discretion that such restriction is non-responsive and renders the Offeror ineligible for further evaluation.

2.11 Ownership or Disposition of Proposals and other Materials Submitted

All costs incurred by the Offeror in preparing or submitting a proposal shall be the Offeror’s sole responsibility whether any award results from this RFP. The State shall not reimburse such costs. All proposals become the property of the State of Hawaii.

2.12 Additional Information

The Offeror shall provide additional information regarding aspects of an Offeror’s Proposal within five (5) business days of the State’s request unless the State specifies another period. As noted, each Offeror shall submit only one Proposal. If an Offeror submits more than one Proposal, then the State reserves the right to reject and or dismiss the Offeror from the RFP Process.

2.13 Multiple or Alternative Offers

SECTION 2: SOLICITATION INFORMATION 13 RFP-09-001-27

Unless specifically provided for in this solicitation, multiple or alternative offers shall not be accepted and all such offers shall be rejected.

SECTION 3: REQUIREMENTS 14 RFP-09-001-27

Section 3: Requirements

3.1 Mandatory Minimum Administrative Proposal Requirements

This section contains the minimum requirements that must be met to be considered for the evaluation phase. All items described in this section are non-negotiable. All Offerors must state willingness and demonstrate the ability to satisfy these requirements in the proposal submitted for consideration. Contractors shall be considered non-responsive if unable to cover the minimum requirements which they may not be considered for award.

3.2 Minimum Requirements and Qualifications

Offeror shall provide all services as described in Attachment C, Statement of work.

3.3 Contractor Responsibility for Subcontractors

The Subcontractors providing services shall meet the same service requirements and provide the same quality of service required of the Contractor and in a timely manner.

No subcontract shall relieve the Contractor of its responsibilities for the Services it provides. The Contractor shall manage the quality and performance, project management and schedules, and timely start and completion of services performed by each of its Subcontractors. The Contractor shall be solely responsible and accountable for the completion of all Services it has subcontracted.

3.4 Removal of Subcontractors

In addition to any rights the State has under Law, the State shall have the right to require the removal of a Subcontractor or any of its personnel providing or supporting services for a good cause. In such a case, the State shall specify the deadline for such removal after consultation with the applicable Contractor. A Subcontractor proposed by the Contractor to replace the removed Subcontractor shall be subject to the approval of the State.

3.5 Right to Retain Subcontractors

The State shall have the right to directly retain any Subcontractor after the expiration, termination, or suspension of the Contract under which it is retained, including any Subcontractor providing services subject to any part of a Contract that is terminated or suspended.

SECTION 3: REQUIREMENTS 15 RFP-09-001-27

3.6 Additional Contractor Requirements

Each Contractor shall:

Adhere to its Contract with the State;

Provide all labor, materials, and equipment necessary to meet the RFP Requirements;

Communicate contract requirements to its Subcontractors’ personnel and direct and coordinate project activities to ensure that the services progress efficiently and are completed on schedule;

Ensure that all its and its Subcontractors’ employees can communicate effectively with State employees;

Ensure that it is current with all payments and registration fees and similar financial obligations owed to the State during the term of its Contract with the State;

Fully cooperate and maintain effective communication with the State and cooperate in the resolution of problems, suspected problems, or potential problems;

3.7 Payment

Pursuant to HRS §103-10, the State shall have thirty (30) calendar days after receipt of invoice or satisfactory completion of projects to make payment. For this reason, the State will reject any offer submitted with a condition requiring payment within a shorter period. Further, the State will reject any offer submitted with a condition requiring interest payments greater than that allowed by HRS §103-10, as amended.

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

3.8 Payment to Hawaii Information Consortium, LLC dba NIC Hawaii HlePRO is administered by Hawaii Information Consortium, LLC dba Tyler Hawaii.

Tyler Hawaii shall invoice the Contractor(s) directly for payment of transaction fees.

Payment must be made to NIC Hawaii within thirty (30) days from receipt of invoice.

HIC is an intended third-party beneficiary of transaction fees, which are used to fund the operation, maintenance, and future enhancements of the HlePRO system.

SECTION 4: INSTRUCTIONS TO OFFERORS 16 RFP-09-001-27

Section 4: Instructions to Offerors – Proposal Submission

4.1 Proposal Objectives

One of the objectives of this RFP is to make proposal preparation easy and efficient while giving Offerors ample opportunity to highlight their proposals. The evaluation process must also be manageable and effective.

Proposals shall be prepared straightforwardly and concisely, in a format that is reasonably considered and appropriate for the purpose. Emphasis will be on completeness and clarity and content.

When an Offeror submits a proposal, it shall be considered a complete plan for accomplishing the tasks described in this RFP and any supplemental tasks the Offeror has identified as necessary to successfully complete the obligations outlined in this

RFP.

The proposal shall describe in detail the Offeror’s ability and availability of services to meet the goals and objectives of this RFP.

4.2 Proposal Structure and Labeling

Proposals must be detailed and concise. Each Proposal must be labeled and organized in a manner that is congruent with the requirements and terminology used in this RFP and must include a point-by-point response, structured in form and reference to the RFP, addressing all requirements and the Statement of work elements.

4.3 Proposal Submission Instructions

Proposals must be received by September 30, 2026; 2:00 P.M, HST through the Hawaii Electronic Procurement System (HIePRO). Proposals received after the deadline and/or through any sources other than HIePRO will be rejected.

4.4 Electronic Submission of Proposals

Proposals shall be submitted and received electronically through HIePRO by the date and time listed in Section 1.3 Schedule and Significant Dates. This electronically submitted offer shall be considered the original. Any offers received outside of the HIePRO, including faxed or e-mailed bids, shall not be accepted, or considered for award. Any offer received after the due date and time shall be rejected. (See Section

2.2 Electronic Procurement for further information.) The maximum file size that HIePRO can accept is 100MB. Files larger than 100MB must be reduced into two or more files.

SECTION 4: INSTRUCTIONS TO OFFERORS 17 RFP-09-001-27

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

4.5 Required Format and Content

All Proposals must be submitted in the following format. Detailed information on submitting each of these sections is contained in later sections of this RFP. Proposal shall be submitted in size 12 Arial font or equivalent.

1. Table of Contents. A Table of Contents must be included with each proposal.

All major parts of the proposal shall be identified by referencing page numbers.

2. Offer Checklist. Complete and submit all items noted on the Offer Checklist.

3. Offer Form, OF-1. Offeror shall complete and sign OF-X Offer Form. See

Special Provisions, 8.9 Proposal Preparation.

a. OF Form, OF-1

b. OF Form, OF-2 Past Performance

c. OF Form, OF-3 Price

4. Executive Summary. The executive summary [not to exceed one (1) page] is to briefly describe the Offeror's Proposal. This summary should highlight the major features of the Proposal. The response should demonstrate the Offeror’s understanding of and ability to meet the Administrative and Technical Requirements of the RFP. The State should be able to determine the essence of the Proposal by reading the executive summary. This summary will not be evaluated for points, but rather is a high-level explanation of the entire proposal.

5. Evaluation Criteria Submittals (Refer to Section 5 Evaluation and Award).

This section shall be sub-divided by the evaluation criteria and include the narrative and any other requirements.

a. Management Approach – See Section 6. Submittal limited to five (5) pages.

b. Technical – See Section 6. Submittal limited to five (5) pages

c. Past Performance – See section 6. Submittal limited to five (5) pages

d. Price Proposal. See Section 6. Offeror shall complete the attached OF-3

Pricing Form in which Offeror shall submit all price line items excluding all applicable taxes.

SECTION 4: INSTRUCTIONS TO OFFERORS 18 RFP-09-001-27

6. Confidential, Protected, or Proprietary Information. All confidential, protected, or proprietary information must be included in this section of the proposal response. Do not incorporate protected information throughout the Proposal. Rather, provide a reference in the proposal response directing the State to the specific area of this protected Information section. If Offeror believes that any portion of its proposal, offer, specification, protest, or correspondence contains information that should be withheld as confidential, then the Procurement Officer should be so advised in writing and shall be furnished with justification for confidential status. Price is not considered confidential and shall not be withheld.

Information included in the Confidential, Protected or Proprietary Information section of an Offeror’s proposal is not automatically accepted as protected. All information identified in the section will be subject to review by the State in accordance with the procedures prescribed by the State’s open records statute, freedom of information act, or similar law.

4.6 Each Offeror to Bear its Own Costs

Each Offeror shall be responsible for all costs incurred by it prior to the Notice of Award, including, without limitation, its costs of preparing and submitting its Offer, responding to notices or requests, making Priority-Listed Offeror presentations, demonstrations, and discussions, and otherwise participating in the RFP Process.

SECTION 5: EVALUATION AND AWARD 19 RFP-09-001-27

Section 5: Evaluation and Award

5.1 Evaluation of Proposals

The Procurement Officer of the State Foundation on Culture and the Arts (SFCA), or an evaluation committee of at least three (3) qualified State employees selected by the State Foundation on Culture and the Arts (SFCA) Procurement Officer, shall evaluate proposals for the contract. The evaluation will be based solely on Section 5.8 Evaluation Criteria and the process described in this section.

5.2 Right to Waive Minor Irregularities

The State in its sole discretion reserves the right to waive minor irregularities in the Proposal, which include but are not limited to corrections of deficiencies or clarification of ambiguities that in the judgment of the State do not require a comprehensive proposal rewrite. The State also reserves the right in its sole discretion to waive certain minimum requirements provided that all of the otherwise responsive proposals fail to meet the same minimum requirements and the failure to do so does not materially affect the procurement

5.3 Initial Review and Award without Discussions

In the initial phase of the evaluation process, the State will review all proposals timely received. Unacceptable proposals (non-responsive proposals not conforming to RFP requirements) will be eliminated from further consideration.

The State reserves the right to award on receipt of initial proposals without an opportunity for discussion or proposal revision, so Offerors are encouraged to submit their most favorable proposal at the time established for receipt of proposals. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of proposals.

5.4 Discussion with Priority Listed Offerors

Prior to holding any discussions, a priority list shall be generated consisting of proposals determined to be acceptable or potentially acceptable.

If numerous acceptable and potentially acceptable proposals are submitted, the evaluation committee may limit the priority list to three (3) highest ranked, responsible Offerors.

The State may invite priority listed Offerors to discuss their proposals to ensure thorough, mutual understanding. The State in its sole discretion shall schedule the time

SECTION 5: EVALUATION AND AWARD 20 RFP-09-001-27

and location for these discussions, generally within the timeframe indicated in Section

1.3 Schedule and Significant Dates. The State may also conduct discussions with priority listed Offerors to clarify issues regarding the proposals before requesting Best and Final Offers, if necessary.

In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing Offerors.

5.5 Best and Final Offers (BAFO)

If deemed appropriate by the State in its sole discretion, the State may request each Offeror to submit its BAFO. The request shall be issued via an Addendum, which will provide guidance and additional instructions. Offeror’s BAFOs shall be submitted to the State through HIePRO on or before the deadline called for. If an Offeror fails to do so, its last submitted Offer shall be deemed its BAFO.

The BAFOs will be evaluated by the Evaluation Committee taking into consideration the Evaluation Criteria set forth in Section 5.8 Evaluation Criteria.

5.6 Award of Contract

Award shall be made to the responsible Offeror whose proposal is determined the most advantageous to the State of Hawaii, taking into consideration price and the other evaluation factors set forth in this request for proposals.

5.7 Responsibility of Offeror

Pursuant to HRS §103D-310(c), the selected offeror shall at the time of award be compliant with all laws governing entities doing business in the State of Hawaii. See Special Provisions 8.6 Responsibility of Offerors.

5.8 Evaluation Criteria

The following criteria shall be used in evaluating the Offerors:

Table 1 - Evaluation Criteria

SECTION 5: EVALUATION AND AWARD 21 RFP-09-001-27

Evaluation Category Evaluation Subcategory

Point Breakdown

Points Possible

Evaluation Criteria 1:

Technical Expertise & Visual Portfolio

Visual Portfolio Quality 5

Technical Capabilities 5

Post-Production & File Specification Compliance

Subtotal 15

Evaluation Criteria 2:

Cost Bid/ Price

Price Reasonableness 5

Subtotal 5

Evaluation Criteria 3:

Past Performance

Offeror References 5

Subtotal 5 Total Possible Points 25

5.8 Scoring Process

The evaluation committee shall score proposals by reviewing the narrative for each of the evaluation criteria above.

Evaluators shall use a rating of 0 to 5 for each evaluation criteria. Rating is defined as follows:

0- The Proposal fails to address the criterion or cannot be assessed due to missing or incomplete information. Offeror has not demonstrated sufficient knowledge of the subject matter or has grossly failed to explain how the requirement(s) is met.

1- Poor. The criterion is inadequately addressed, Offeror demonstrates only a slight ability to comply, or there are serious inherent weaknesses.

2- Fair. The Proposal broadly addresses the criterion, but there are significant weaknesses. May have one or more deficiencies, or Offeror has not adequately explained how its services fit the requirement.

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3- Good. The Proposal addresses the criterion well; meets the requirement.

Demonstrates knowledge and understanding of the subject matter, with no deficiencies noted regarding technical approach.

4- Very Good. The Proposal addresses the criterion very well, highly comprehensive. No deficiencies noted.

5- Excellent. The Proposal successfully addresses all relevant aspects of the criterion. Excellent reply that goes beyond the requirements listed in the RFP to provide added value. In addition, the response may cover areas not originally addressed within the RFP and/or include additional information and recommendations that would prove both valuable and beneficial to the agency.

The response includes a full, clear, detailed explanation of how the requirement(s) are met. No errors in technical writing.

The average of each evaluators’ rating for each evaluation criteria shown in Table 1, shall be converted based on the following formula:

Rate Achieved X Points Possible For that Criteria = Points Total Rating Achievable

Example:

4 Very Good X 4 = 4 5

1 Poor X 1 = 1 5

5.9 Notice of Award

After a final selection is made, the State will issue a notice of award on its electronic procurement system (HIePRO).

5.10 Debriefing

Pursuant to HAR §3-122-60, a non-selected Offeror may request a debriefing to understand the source selection decision and contract award.

A written request for debriefing shall be made within three (3) working days after the posting of the award of the contract. The Procurement Officer or designee shall hold the debriefing within seven (7) working days to the extent practicable from the receipt date of the written request.

A protest by the requestor following a debriefing shall be filed within five (5) working days, as specified in HAR §103D-303(h). See Special Provisions Section 8.12 Protest Procedures for submitting a protest.

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Section 6: Evaluation Criteria Evaluation Criteria 1: Management Approach

6.1 Management Approach Submittal

This section contains requirements pertaining to the offeror’s management approach relating to this RFP. Offeror shall submit a narrative of a maximum of five (5) pages showing how they met or exceeded requirements of previous work, project examples, etc. Narratives to be submitted in size 12 Arial font or equivalent.

Management Approach can include sub-factors such as:

Sub-factor 1: Organization and Approach

The State will assess the degree to which the Offeror’s proposed organization and approach for managing the program meet the requirements identified in the SOW (e.g., achieve schedule milestones, submit timely and accurate deliverables, and address risk).

This includes, but is not limited to, the following:

• Organizational Experience - demonstrating the following: Organizational capability, resources, and experience, maintenance, and operation. The Offeror shall explain its prior experience providing the types of services requested by this RFP. Describe at least three (3) major projects or contracts you worked on during the past ten (10) years, on the same or similar projects. Explain the statement of work, duration, number of employees assigned to the project, and significant tasks that were completed.

• Program management

• Staffing plan

• Subcontractor management

• Configuration management

• Data management to include cybersecurity considerations

• Quality assurance - Implementation of quality and cost controls, with effective project and financial tracking and reporting

• System implementation and transition(s) management

The State will assess the degree to which the Offeror’s proposed performance management approach will meet the requirement to ensure high-quality services that meet the performance requirements for the contract including meaningful program metrics that depict, at a minimum, program cost, schedule, and performance attainment

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and describe plans for implementation and monitoring of those metrics.

Sub-factor 2: Key Personnel

The State will assess the degree to which the Offeror’s proposed Key Personnel resumes meet defined labor category requirements with required or equivalent certifications aligned to their proposal and, the degree to which the approach for retaining Key Personnel will support successful and efficient execution of requirements.

Sub-factor 3: Training

The Government will assess the degree to which the Offeror’s proposed management and integration of all implementation activities with overall program support and proposed training design, and development, delivery, and support activities meet the SOW requirements.

Evaluation Criteria 2: Technical Approach

6.2 Technical Approach Submittal

This section contains requirements pertaining to the offeror’s technical approach relating to this RFP. Offeror shall submit a narrative of a maximum of five (5) pages explaining their plan for the project goal and requirements, amount of key personnel allocated, the methodology toward implementing and tracking the success of deliverables including milestones. Narratives to be submitted in size 12 Arial font or equivalent.

Technical Approach can include but is not limited to:

a) A clear understanding of the statement of work required for the project, with a work plan that will ensure the achievement of task objectives;

b) A clear understanding of state laws and regulations and a viable plan for implementing these requirements;

c) A viable transition plan with contingency planning and established milestones;

d) An integrated plan that expands outreach to targeted audiences;

e) An overall effective strategy that accomplishes all project goals as outlined in the

Statement of Work;

f) A risk assessment and risk mitigation plan;

g) A quality control plan that includes key performance indicators as described in

7.4.1 of the Contract Management Section;

h) The approach to tracking and achieving the required deliverables.

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Evaluation Criteria 3: Past Performance

6.3 Past Performance Submittal

Offeror shall submit a narrative of a maximum of five (5) pages not including references.

Narratives to be submitted in size 12 Arial font or equivalent. Offeror shall provide a full narrative to describe past performance establishing the company submitting the proposal has the qualifications and experience to provide the services specified in this

RFP.

Offeror shall complete Offer Form OF-2 Client References, Attachment C with the names and contact information of customer references for at least three (3) clients that received services that are similar to those in the statement of work.

The State reserves the right to conduct reference checks beyond what was provided by references.

The results of the reference checks will be reflected in the evaluation score for this criterion. Full points will not be awarded without confirmation of services from at least three (3) listed clients. Offerors are encouraged to notify references with due notice.

6.3.1 Past Performance Relevancy and Recency Ratings

The State will evaluate the Offeror’s demonstrated record of contract performance in supplying services that meet users’ needs, including price and schedule. The recency and relevancy of the information, the source of the information, the context of the data, and general trends in the Contractor’s performance will be considered. More recent and more relevant performance usually has a greater impact on the confidence assessment than less recent and less relevant performance. The State will perform an independent determination of the relevancy of the data provided or obtained. A relevancy determination will be made in addition to the reference responses received. The State is not bound by the Offeror’s opinion of relevancy. The following relevancy criteria apply and will be assigned to each effort identified in the Offeror’s proposal on past performance.

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PAST PERFORMANCE RELEVANCY RATING

Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Very Relevant – Has provided all services in present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant – Has provided some services in present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant - Has provided few services in present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Not Relevant: Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

For purposes of this evaluation, recency is defined as active or completed efforts performed within the past ten (10) years from the closing date of this solicitation.

The more recent the effort the higher recency score it will receive, as follows:

PAST PERFORMANCE RECENCY RATING

Rating Definition Very Recent Completion of a service project within the last one (1) to two (2) year(s) Recent Completion of a service project within the last three (3) to five (5) year(s) Not Recent Completion of a service project within the last six (6) to ten (10) year(s)

6.3.1.1. Final Performance Rating

Once the evaluation has considered recency and relevancy, it is time to take those considerations and determine an overall rating for past performance in

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respect of whether the information reviewed will allow for successful performance of the current solicited requirements.

Rating Description 6- High Confidence Based on the offeror's performance record, the government has high confidence the offeror will successfully perform the required effort.

5- Significant Confidence Based on the offeror's performance record, the government has significant confidence the offeror will successfully perform the required effort.

4- Satisfactory Confidence

Based on the offeror's performance record, the government has confidence the offeror will successfully perform the required effort. Normal contractor emphasis should preclude any problems.

*3- Unknown Confidence No performance record is identifiable.

2- Little Confidence Based on the offeror's performance record, substantial doubt exists that the offeror will successfully perform the required effort.

1- No Confidence

* Given the number of mergers and acquisitions in today's American business environment, potential offerors may not have existed under their current name for very long. If the key management personnel, subcontractors, or other resources, have experience on contracts similar to the pending requirement for another contractor; state and local government contracts; private contracts; or was a major subcontractor; then the source selection team can perform the appropriate evaluation and risk assessment.

This reduces the chance of needing to "neither reward nor penalize" an offeror with no other relevant past performance information.

If the contractor is truly a new entity and none of the company principals ever performed relevant work for others, the company is considered to have no past performance. In the case of an offeror with respect to which there is no information on past contract performance or with respect to which information on past contract performance is not available, the offeror may not be evaluated favorably or unfavorably on the factor of past contract performance." Thus, the evaluator would, at the minimum, rate this offeror as unknown confidence, allowing for a pass rate of 50% (3/6).

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Evaluation Criteria 4: Price There are two subfactors to Price evaluation:

6.4 Subfactor 1 – Total Price Evaluation

The Offeror’s price proposal is worth [twenty] 20% of the total points, which is [ten] 10 points. Offerors shall enter the total sum price for the one (1) year(s) services as the Unit Price in US Dollars and Cents when submitting their offer in HIePRO

6.4.1 Cost Points Conversion

In converting cost to points, the Lowest Total Cost will automatically receive the maximum number of points allocated to cost shown in Table 1 in Section 5.8. The point allocations for cost on the other Offers for each service category will be determined through the method set out in the following formula: [Lowest Total Cost multiplied by maximum points divided by [Offeror’s Proposed Cost] = Cost Points Awarded.

6.4.2 Price and Rate Guarantee Period (Adjust as Necessary)

All prices shall be guaranteed for the initial period of twelve (12) of the contract.

During the remaining contract period, the Contractor may request an increase in contract price when there is a substantial increase in the cost of materials or freight.

Such requests must be made in writing to the Procurement Officer and shall meet the following conditions:

1. Request for a price increase shall be limited to the costs imposed upon the

Contractor by the manufacturer or supplier of the materials. (No allowances will be given for Contractor's increased labor or operating expenses.)

2. Request for a price increase due to higher transportation costs shall be limited to the cost imposed upon the Contractor by the freight forwarder.

3. Contractor shall submit at the time of such written request, documentation, or verification the increase is the result of a manufacturer or supplier increase in the cost of materials or transportation.

4. No price increase adjustment shall be allowed during the first twelve (12) months of the contract. The Contractor may submit a price increase adjustment request once every twelve (12) months for item(s) awarded provided proper documentation is submitted to substantiate the increase as detailed in items 1 through 3.

The State shall make the final determination for allowance of price increase requests. In the event of a general price decrease, the State will be entitled to reductions; provided, however, the amount of such decrease shall not exceed the amount of any increase granted herein. Contractor shall notify the State within five

(5) business days of such price decrease

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6.5 Subfactor 2 –Price Reasonableness and Realism

6.5.1 Price Reasonableness

Prices shall be evaluated for competitiveness and reasonableness of price. The State may use any or all price analysis techniques and procedures to determine price reasonableness.

6.5.2 Price or Cost Realism

6.5.2.1 Price Realism

The State may use any or all price realism techniques and procedures for the purpose of measuring an offeror’s understanding of the solicitation requirements, or of assessing the risk inherent in an offeror’s proposal.

6.5.2.2 Cost Realism

The State may use any or all cost realism techniques and procedures to determine whether the estimated proposed cost elements are realistic for the work to be performed,…