Solicitation General Information.docx

RELEASE DATE:

The State of Hawaii Department of Land & Natural Resources Ka ʻOihana Kumuwaiwai ʻĀina Land Division

Invitation for Bid Solicitation #IFB-FY27-ODLO-0002

Tree/Vegetation Clearing and Trimming

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

July 20, 2026 (or such later date as may be established by the State of Hawaii by an Addendum to this IFB) BY SUBMISSION TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES, LAND DIVISION, OAHU BRANCH DIRECT ALL QUESTIONS REGARDING THIS IFB, QUESTIONS OR ISSUES RELATING TO THE ACCESSIBILITY OF THIS IFB (INCLUDING THE ATTACHMENTS AND EXHIBITS AND ANY OTHER DOCUMENT RELATED TO THIS IFB) AND REQUESTS FOR ACCOMMODATIONS FOR PERSONS WITH DISABILITIES IN CONNECTION WITH THIS IFB, TO:

OAHU DIVISION LAND OFFICE TELEPHONE

(808) 587-0447 OR EMAIL ADDRESS darlene.bryant@hawaii.gov.

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IFB-FY26-ODLO-005

Table of Contents

IFB Administrative Information

Section 1 General Information

Section 2 Solicitation Information

Section 3 Requirements

Section 4 Instructions to Offerors – Bid quote Submission

Section 5 Evaluation and Award

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 Project Tree/Vegetation Clearing and Trimming

8.2 Chapter 343 – Environmental Assessment Exemption

8.3 Scope and Location of Work

8.4 General Specifications

8.5 Authority of the State

8.6 General Conditions

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

8.8 Responsibility of Offerors

8.9 Bid quote 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 Bid quotes

8.18 Modification Prior to Submittal Deadline or Withdrawal of Offers

8.19 Contract Changes – Unanticipated Amendments

8.20 Re-execution of Work

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TABLE OF CONTENTS IFB-FY27-ODLO-002

IFB Administrative Information

IFB Project Description:

(See Section 1.1 Purpose) The State of Hawaii in conjunction is seeking Contractor(s) to trim and remove the vegetation/trees.

IFB Point of Contact:

(See Section 1.6 State Contract Administrator)

Buyer Name –Darlene Bryant-Takamatsu or Patti Miyashiro Agency Name – Department of Land and Natural Resources, Land Division Agency Address – 1151 Punchbowl Street, Room 220 Buyer email – darlene.bryant@hawaii.gov / barry.w.cheung@hawaii.gov Buyer Phone – (808) 587-0447/587-0408

Submit bid quotes electronically via Hawaii Electronic Procurement System (HIePRO):

(See Section 2.2 Electronic Submission of Bid quotes)

Electronic Submission of bid quote per line item. Jobs are awarded by individual line items and not the total bid amount.

Deadline to Receive Questions:

(See Sections 1.3 Schedule and Significant Dates and 2.6 Electronic Submission of Questions) 7/27/2026, 4:00 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 Hawaii State eProcurement System (HIePRO). Questions must be submitted by the question deadline date.

Term of Contract :

(See Section 1.5 Period of Performance) Contractor(s) shall commence the work within two (2) weeks from the Notice to Proceed email sent by ODLO.

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

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IFB ADMINISTRATIVE INFORMATION IFB-FY27-ODLO-002

Invitation for Bids Tree/Vegetation Clearing and Trimming

Solicitation # IFB-FY27-ODLO-002 Section 1: General Information

1.1 Purpose

Oahu District Land Office (“ODLO”) received complaints for overgrown trees and vegetation on State lands described below.

1.2 Required Submission to be included:

· Bid Quotation form

· Offer Form

· Liability Insurance per Section 8.15 Successful contractor is responsible to furnish labor, materials, equipment, and permit to perform the work described below, and further subject to terms and conditions contained herein.

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 "Bid quotes 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 IFB Schedule and Significant Dates prior to the bid quote due date shall be issued by addendum.

1.4 Contract Type

The contract will be a firm fixed price contract, pursuant to §3-122-136, HAR Fixed-price contract, “(b) The firm fixed-price contract is one type of fixed-price contract. It provides a price that is not subject to adjustment due to variations in the contractor’s cost of performing the work specified in the contract.

1.5 Period of Performance

The Contractor shall commence the work within two (2) weeks from the Notice to Proceed email sent by ODLO. The contract period is open for one (1) year from the date of the Notice to Proceed. The job may extend past this time only if the contractor submits a written statement detailing the reason why extended time is needed and has the approval of the Contract Administrator or their Representative from ODLO, or if an extension is negotiated with Land Division.

Liquidated Damages for failure to complete the work on time is a fixed sum of ONE Hundred DOLLARS ($100) per each and every calendar day the Contractor fails to perform in whole or in part any of his obligations specified herein. Liquidated damages, if assessed, may be deducted from the performance bond or any payments due or to become due to the Contractor.

1.6 EMERGENCY OR UNSCHEDULED WORK:

(a) Definition of Emergency. For the purpose of this contract, an "Emergency" is defined as any situation, condition, or failure of infrastructure that threatens public health, safety, life, property, or the operational continuity of Government missions.

(b) Notification and Response Window. The Contracting Officer (CO) or Contracting Officer’s Representative (COR) will notify the Contractor of an Emergency via the designated emergency telephone number and electronic mail. The Contractor must acknowledge receipt and have qualified personnel or equipment on-site to initiate corrective action within 48 hours of the transmission of such notice.

(c) Right to Substitute Procurement. If the Contractor fails to acknowledge, respond, or initiate corrective actions within the timeframe specified in paragraph (b), the Contractor shall be deemed in non-compliance. The CO may immediately, and without further notice or cure period, procure the required emergency services from a third-party source. The Government's right to substitute performance under this clause is absolute and shall not prejudice any other rights or remedies available under this contract, including Termination for Cause or Default.

(d) Reimbursement and Liability. The Contractor shall be strictly liable to the Government for all costs incurred in connection with the third-party procurement, including excess reprocurement costs, emergency premiums, and administrative overhead.

1.7 Point of Contact

The Oahu Division Land Office is the issuing office for this document and all subsequent addenda relating to it. The reference number for the transaction is Solicitation # IFB-FY26-ODLO-005. This number must be referred to on all bid quotes, correspondence, and documentation relating to the IFB.

The people identified below are the point of contacts (POC) during this procurement process. Offerors and interested persons shall direct to the POCs all questions concerning the procurement process, technical requirements of this IFB, 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 POCs designated by the State of Hawaii, Department of Land and Natural Resources, Land Division, Oahu Division Land Office are:

Darlene Bryant-Takamatsu or Barry Cheung Land Agent/ District Land Agent Department of Land and Natural Resources, Land Division 1151 Punchbowl Street, Room 220 darlene.bryant@hawaii.gov / barry.w.cheung@hawaii.gov Phone: (808) 587-0447/587-0430

1. Definitions 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.

Emergency. For the purpose of this contract, an "Emergency" is defined as any situation, condition, or failure of infrastructure that threatens public health, safety, life, property, or the operational continuity of Government missions.

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 bid quote in response to this Request for Bid quote.

Bid quote means the official written response submitted by an Offeror in response to this IFB.

Proposer has the same meaning as Offeror.

Invitation for Bids or "IFB" means the entire solicitation document, including all parts, sections, exhibits, attachments, and Addenda.

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 IFB, 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

2.1 Governing Laws and Regulations

This procurement is conducted by the Department of Land and Natural Resources, Land Division in accordance with the State Procurement Code. Information about Land Division 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 Submission of Bid quotes

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 IFB, receive Offers, and issue Addenda to the IFB. 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 IFB 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 bid quote deadline.

Offerors are advised that they should not wait until the last minute to submit their bid quote on HIePRO. Offerors should allow ample time to review their submitted bid quote, including attachments, prior to the bid quote deadline.

2.3 IFB Addenda

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

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 IFB addenda or other information relating to the IFB.

2.4 Pre-Bid Conference

Pre Bid conference will be held as follows. Meeting will only be for 30 minutes at each site.

July 23, 2026 Thursday

1. 9:00 AM – 9:30 AM at Shangri-La Estates at end of Waakua St., Manoa

2. 10:15 AM – 10:45 AM at 1938 Pauoa Rd., Nuuanu

3. 11:30 AM – 12 Noon at parking lot 1809 Bachelot St., Honolulu

July 24, 2026 Friday

1. 9:00 AM – 9:30 AM at 99-430 Palaialii Way, Halawa

2. 10:30 AM – 11:00 AM on road near 91-1159 Keahumoa Pkwy.

Bidders are urged to look over the scope of work. See 2.5 Questions Regarding IFB Contents below to submit questions after the conference.

2.5 Questions Regarding IFB Contents

If a Prospective Offeror believes that any provision of the IFB 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 IFB 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 IFB.

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.

Questions and answers are will be openly published. 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. Do not include information that may contain trade secrets or other proprietary data that is to remain confidential.

2.7 Bid quote Due Date

Bid quotes must be received by the posted closing date and time as described in Section 1.3 Schedule and Significant Dates of this IFB.

2.8 Cancellation of Procurement and Bid quote Rejection

The State reserves the right to cancel this IFB and to reject any and all bid quotes 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 IFB, including proposed costs and/or fees will be considered firm for the term of the contract after the bid quote due date.

2.10 Right to Accept All or Portion of Bid Quote

Unless otherwise specified in the solicitation, the State may accept any item or combination of items as specified in the solicitation or of any bid quote unless the Offeror expressly restricts an item or combination of items in its Bid quote and conditions its response on receiving all items for which it provided a bid quote. If the Offeror so restricts its Bid quote, 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 Bid Quote and other Materials Submitted

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

2.12 Additional Information

The Offeror shall provide additional information regarding aspects of an Offeror’s Bid quote within [FIVE] (5) business days of the State’s request unless the State specifies another period. As noted, each Offeror shall submit only one bid per line item. If an Offeror submits more than one bid, then the State reserves the right to reject and or dismiss the Offeror from the IFB Process.

SECTION 2: SOLICITATION INFORMATION 11 IFB-FY27-ODLO-002

Section 3: Requirements

3.1 Mandatory Minimum Administrative Bid Quote 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 bid quote 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 is required to submit its offer using the Offer Form with exact legal name of the business as registered with the Department of Commerce and Consumer Affairs, if applicable; and to indicate exact legal name in the appropriate space on Offer Form.

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

· Bidders must possess a valid State of Hawaii Specialty Contractors "C-27 Landscaping Contractor" or "C-27b Vegetation Trimming and Removal Contractor" license at the time of bidding.

· Offeror must be compliant with the State Rules and Regulations through Hawaii Compliance Express (HCE) at the time of bidding and maintain compliance throughout the contract and must be in compliance as shown via HCE for final payment.

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.

3.6 Additional Contractor Requirements

Each Contractor shall:

The Contractor shall visit the work site and verify all conditions pertinent to the Contract he and/or she is bidding on;

Adhere to its Contract with the State;

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

The work to be performed under this Contract shall include the furnishing and paying for all machinery, tools, equipment, labor, water transportation, preparation and submittal of permits, and materials necessary for removing and disposing of mangroves and other non-native woody vegetation (trees and shrubs);

The Contractor shall observe all applicable Federal, State, and Municipal acts, statutes, ordinance, and rules pertaining to the performance of this job. All fines levied against this project as a result of failing to apply for a required permit or in violation of any Federal, State, and Municipal acts, statutes, ordinance, and rules, shall be borne entirely by the Contractor;

All work to be done during the hours of 8:00AM to 4:30PM, Monday -Friday. Exceptions can be request in writing to ODLO, but will not be effective unless approved;

The Contractor shall be responsible for verifying the location of all utilities and structures. Any damage, injury, and/or loss to any property resulting from the performance of the work shall be the sole responsibility of the Contractor and shall be remedied promptly by the Contractor at his own expense;

The Contractor shall notify ODLO by email, within three (3) days upon completion of the job described herein, to coordinate a site inspection for job quality and compliance with contract.

The Contractor will be responsible for damages resulting from operations of this IFB. Immediately upon discovery, the Contractor shall repair such damage to the satisfaction of the Contract Administrator.

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 NIC Hawaii. NIC 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 – Bid Quote Submission

Section 4: Instruction to Offers- Bid Quote Submission

4.1 Bid Quote Objectives

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

Bid quotes 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 bid quote, it shall be considered a complete plan for accomplishing the tasks described in this IFB and any supplemental tasks the Offeror has identified as necessary to successfully complete the obligations outlined in this IFB.

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

4.2 Bid Quote Structure and Labeling

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

4.3 Bid Quote Submission Instructions

Bid Quotes must be received by May 26, 2026, 2 P.M. HST through the Hawaii Electronic Procurement System (HIePRO). Bid Quotes received after the deadline and/or through any sources other than HIePRO will be rejected.

4.4 Electronic Submission of Bid Quotes

Bid Quotes 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 1.3 Electronic Procurement for further information.)

Submission of a bid quote shall constitute an incontrovertible representation by the Offeror that the Offeror agrees to comply with every requirement of this IFB, and that the IFB 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 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 IFB Process.

4.6 Delivery of Bid quote and Disqualification Bid quotes.

Bidders shall submit and upload the complete bid quote to HIePRO prior to the bid opening date and time. Bid quotes received after said due date and time shall not be considered.

Disqualification of Bidders/Bid quotes. The Department may disqualify a bidder and reject its bid quote for the following reasons:

(1) Submittal of more than one bid quote whether under the same or different name.

(2) Evidence of collusion among bidders. The Department will not recognize participants in collusion as bidders for any future work of the Division until such participants are reinstated as qualified bidders.

(3) Lack of offer guaranty.

(4) Submittal of an unsigned or improperly signed bid quote.

(5) Not providing the minimum requirements under 4.5 Required Format and Content.

Section 5: Evaluation and Award

5.1 Evaluation of Bid quotes

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

In accordance with HRS §103D-302 (or HRS §103D-303), the Hawaii bidder (or offeror) preference is applicable to this solicitation, for evaluation purposes only. Bidders (or offerors) desiring to qualify for the five per cent (5%) preference shall submit a completed Hawaii Bidder/Offeror Preference Certification Form (Form SPO-081) with each bid (or proposal) at or before the time set for receipt of bids (or proposals). Certifications submitted for previous or other solicitations will not be accepted.

5.2 Right to Waive Minor Irregularities

The State in its sole discretion reserves the right to waive minor irregularities in the Bid quote, 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 bid quote rewrite. The State also reserves the right in its sole discretion to waive certain Minimum requirements provided that all of the otherwise responsive bid quotes 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 bid quotes timely received. Unacceptable bid quotes (non-responsive bid quotes not conforming to IFB requirements) will be eliminated from further consideration.

The State reserves the right to award on receipt of initial bid quotes without an opportunity for discussion or bid quote revision, so Offerors are encouraged to submit their most favorable bid quote at the time established for receipt of bid quotes. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of bid quotes. The apparent low bidder may or may not be awarded the contract. Bid award shall be made to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the IFB. As such, after the bids are opened they must be evaluated to determine compliance with all IFB requirements, specifications and ability of the bidders to perform the contract.

The Emergency Work bid quote will be included in the total bid offer of lowest responsible and responsive bidder.

5.4 Discussion with Priority Listed Offerors

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

If numerous acceptable and potentially acceptable bid quotes 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 bid quotes to ensure thorough, mutual understanding. The State in its sole discretion shall schedule the time and location for these discussions, generally within the timeframe indicated in Section X.X Schedule and Significant Dates. The State may also conduct discussions with priority listed Offerors to clarify issues regarding the bid quotes before requesting Best and Final Offers, if necessary.

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

5.5 Best and Final Offers

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.

5.6 Award of Contract

Award shall be made to the responsible Offeror whose bid quote 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 bid quotes.

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 8.8 Responsibility of Offerors.

5.8 Notice of Award

After a final selection is made, the State will issue a notice of award on its electronic procurement system (HIePRO). Upon award, bid quote files are public records are available for review by submitting a Request for Access to Government Record. Information on the Office of Information Practices and forms may be found at 44Thttp://oip.hawaii.gov44T.

5.9 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.

Section 6: Evaluation Criteria After bid opening, award is not automatic and the initial information obtained during the bid opening results in only an apparent low bidder. The apparent low bidder may or may not be awarded the contract. Bid award shall be made to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the IFB. As such, after the bids are opened they must be evaluated to determine compliance with all IFB requirements, specifications and ability of the bidders to perform the contract. The Procurement Officer responsible for the procurement will examine the bid for compliance with all mandatory requirements and substantial conformity with the requirements contained in the IFB.

Section 7: Contract Management

7.1 Post-Award Communications: Contract Administrator

The Contract Administrator identified below is the single point of contact (POC) post-award. The contractor shall direct to the Contract Administrator all questions concerning the post-award process and any other questions that may arise related to the resulting contract. The Contract Administrator designated by the State of Hawaii, Department of Land and Natural Resources, Oahu Division Land Office:

Darlene Bryant-Takamatsu or Barry Cheung Land Agent/ District Land Agent Department of Land and Natural Resources, Land Division 1151 Punchbowl Street, Room 220 darlene.bryant@hawaii.gov / barry.w.cheung@hawaii.gov Phone: (808) 587-0447/587-0430

7.2 Contractor/State Meetings

The contractor shall participate in initial meetings with the State to discuss the contract, including but not limited to; an estimated timeline for transition and implementation, status reports of the transition and implementation, the expectation of deliverables, training sessions, and follow-up meetings.

7.3 Dispute Process and Escalation

The following steps address any issues or concerns that may occur during the transition/implementation stage or at any time throughout the contract period:

· The Contractor may give notice in writing (including email) to the procurement officer(s) of any issues and concerns.

· The Contractor shall continue with performance of the contract in compliance with the directions or orders of the procurement officer, but by so doing, the Contractor shall not be deemed to have prejudiced any claim for additional compensation, damages, or an extension of time for completion; provided:

A. The notice in writing be given:

1. Before the commencement of the work involved, if at that time the Contractor knows of such requirements or the occurrence of such actions or omissions; or

2. Within ten (10) calendar days after the Contractor knows of such requirements or the occurrence of such action or omission if the Contractor did not have such knowledge before the commencement of the work; or

3. Within such further time as may be allowed by the procurement officer in writing.

B. The notice shall clearly state the Contractor's intention to make claim and the reasons why the Contractor believes that additional compensation, changes or an extension of time may be remedies to which the Contractor is entitled; and afford the procurement officer every facility for keeping records of the actual cost of work. Failure on the part of the Contractor to give such notification or to afford the procurement officer proper facilities for keeping strict account of actual cost shall constitute waiver of the claim for such extra compensation. The filing of such notice by the Contractor and the keeping of costs by the procurement officer shall not in any way be construed to prove the validity of the claim.

If the Contractor and the procurement officer cannot reach an agreement, then the issue or concern may be brought to the Chairperson of the Department of Land and Natural Resources. shall be referred to the Chairperson of the Board of Land and Natural Resources for a determination and resolution of the dispute or question. The Chairperson's decision shall be final and binding on the parties herein.

7.4 Quality Control

The Contractor shall provide quality services/products and management oversight of all processes. The Contractor shall use key performance indicators that are acceptable within the Landscaping and Tree trimming industry to manage and monitor quality performance, especially with implementation of quality control actions to mitigate any violation under the Department of Health HAR 11-54 and Federal regulation. The Contractor shall provide accurate data/reports and meet deliverables, with emphasis on the overall success and positive impact on the vegetation trimming within riparian zone. The Contractor shall provide management, support, and qualified personnel to accomplish the objectives of this contract.

7.5 Post Award Deliverables

The contractor shall provide, upon request of the State, the following, including but not limited to deliverable items:

Section 8.15 Liability Insurance

Section 8: Special Provisions

8.1 Project

The State of Hawaii in conjunction is seeking Contractor(s) to trim and remove the vegetation/trees.

8.2 Chapter 343 – Environmental Assessment Exemption

The project activities for this solicitation are considered to be minor in that the activities will only involve vegetation removal and debris and trash removal. In accordance with Hawaii Administrative Rules (“HAR”) § 11-200.1-16 and the Exemption List for the Department of Land and Natural Resources reviewed and concurred on by the Environmental Council on November 10, 2020, the subject request is exempt from the preparation of an environmental assessment pursuant to General Exemption Type 4, that states “Minor alternations in the conditions of land, water, or vegetation.” And Part 4, Item No. 3 that states “Removal of invasive vegetation utilizing cutting, mowing, application of federal and state approved herbicides in conformance with label instructions, distribution of biocontrol agents already approved and permitted by the State of Hawaii, and other approved methods. This exemption would not apply to issuing permits for initial releases of biocontrol of invasive species which are regulated and permitted by the Department of Agriculture or commercial logging.” The subject request probably has minimal or no significant effect on the environment and should be declared exempt from the preparation of an environmental assessment and the requirements of § 11-200.1-17, HAR.

8.3 Scope and Location of Work

1. Work may not proceed without an authorized Notice to Proceed (“NTP”) letter/email from the ODLO.

2. The following is a table of the areas included in this IBF, but not inclusive of all work that is required for each area. Bidders must bid on the Scope of Work for each line item. Electronic Submission of bid quote is per line item. Jobs are awarded by individual line items and not the total bid amount.

3. Please be aware there have been camps with houseless individuals in or around the work areas. When executing the job if there area houseless campsites within the work area. Notify the procurement officer. See attachment A-6 for an example of the ground condition of campsite area.

Location of Work:

See the following table as an overview of the work with tax map key (TMK) for each area. Bidders must review and bid on the scope of work per line item.

8.4 General Specifications

A. Work may not proceed without an authorized Notice to Proceed (“NTP”) letter/email from the ODLO.

B. All work to be done during the hours of 8:00AM to 4:30PM, Monday -Friday. Exceptions can be request in writing to ODLO, but will not be effective unless approved.

C. During the duration of the project, there shall be one (1) qualified arborist certified by the International Society of Arboriculture (ISA Certified Arborist) supervising the job.

D. The Contractor shall be responsible for verifying the location of all utilities and structures. Any damage, injury, and/or loss to any property resulting from the performance of the work shall be the sole responsibility of the Contractor and shall be remedied promptly by the Contractor at his own expense.

E. The Contractor will be provided contact information for the sites to coordinate physical access to the site, if needed.

F. The Contractor shall provide safety signs, barricade, and other devices necessary for the safety and convenience of the general public.

G. The Contractor shall observe all applicable Federal, State, and Municipal acts, statutes, ordinance, and rules pertaining to the performance of this job.

H. The bid award shall be based on the availability of funds.

I. Submission of bid shall be the evidence that the Contractor understands the scope of the job described herein.

8.5 Authority of the State

The State shall decide all questions that may arise as to the work performed hereunder, as to the manner of such performance, as to the interpretation of any law, rule or regulation, policies and procedures, as to compensation, and as to any other matter that may arise under the Contract. The decision of the State in such matters shall be final as long as not in violation of law and not arbitrary, capricious or characterized by abuse of discretion. See 7.3 Dispute Process and Escalation

8.6 General Conditions

The Department of Land and Natural Resources Interim General Conditions dated October 1994, as amended, shall be made a part of these contract specifications and are referred to hereafter as the General Conditions.

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

All Offerors for service contracts shall comply with section HRS §103-55, which provides as follows:

Wages, hours, and working conditions of employees of CONTRACTOR supplying services: Before any prospective Offeror is entitled to submit an offer for the performance of any contract to supply services in excess of $25,000 to any governmental agency, Offeror shall certify that the services to be performed will be performed under the following conditions:

Wages: The services to be rendered shall be performed by employees paid at wages or salaries not less than the wages paid to public officers and employees for similar work.

Compliance with labor laws: All applicable laws of the Federal and State governments relating to workers' compensation, unemployment compensation, payment of wages, and safety will be fully complied with.

No contract to perform services for any governmental contracting agency in excess of $25,000 shall be granted unless all the conditions of this section are met. Failure to comply with the conditions of this section during the period of the contract to perform services shall result in the cancellation of the contract.

It shall be the duty of the government contracting agency awarding the contract to perform services in excess of $25,000 to enforce this section.

This section shall apply to all contracts to perform services in excess of $25,000, including contracts to supply ambulance service and janitorial service.

This section shall not apply to:

1) Managerial, supervisory, or clerical personnel.

2) Contracts for supplies, materials, or printing.

3) Contracts for utility services.

4) Contracts to perform personal services under paragraphs (2), (3), (12), and (15) of section 76-16, paragraphs (7), (8), and (9) of section 46-33, and paragraphs (7), (8), and (12) of section 76-77, Hawaii Revised Statutes, (HRS).

5) Contracts for professional services.

6) Contracts to operate refreshment concessions in public parks, or to provide food services to educational institutions.

7) Contracts with nonprofit institutions.

8.8 Responsibility of Offerors

The Offeror is advised that in order to be awarded a contract under this solicitation, the Offeror will be required, to be compliant with all laws governing entities doing business in the State including the following chapters and pursuant to Hawaii Revised Statutes HRS §103D-310(c):

1. Chapter 237, General Excise Tax Law;

2. Chapter 383, Hawaii Employment Security Law;

3. Chapter 386, Worker’s Compensation Law;

4. Chapter 392, Temporary Disability Insurance;

5. Chapter 393, Prepaid Health Care Act; and

6. §103D-310(c), Certificate of Good Standing (COGS) for entities doing business in the State.

8.8.1 Vendor Compliance - Hawaii Compliance Express (HCE)

Vendors must use the HCE, which is an electronic system that allows vendors/Contractors/service providers doing business with the State to quickly and easily demonstrate compliance with applicable laws. It is an online system that replaces the necessity of obtaining paper compliance certificates from the Department of Taxation, Federal Internal Revenue Service; Department of Labor and Industrial Relations, and Department of Commerce and Consumer Affairs.

8.8.2 Timely Registration on HCE

Vendors/Contractors/service providers intending to use the HCE to demonstrate compliance are advised to register on HCE as soon as possible at 44Thttps://vendors.ehawaii.gov44T. The annual registration fee is $12.00 and the ‘Certificate of Vendor Compliance’ is accepted for the execution of a contract and final payment. If a vendor/Contractor/service provider is not compliant on HCE at the time of award, the Offeror will not receive the award.

8.8.3 Verification of Compliance on the HCE

Vendor compliance will be conducted via Hawaii Compliance Express (HCE). It is the responsibility of the Contractor to ensure they are registered with HCE and their information is updated and accurate. Prior to awarding this contract, the State shall verify compliance of the Contractor(s). If a vendor/Contractor/service provider is not compliant on HCE at the time of award, the Offeror will not receive the award.

8.8.4 Required Review

Before submitting a bid quote, each Offeror must thoroughly and carefully examine this IFB, any attachment, addendum, and any other relevant document, to ensure Offeror understands the requirements of the IFB. Offeror must also become familiar with State, local, and Federal laws, statutes, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work required.

Should Offeror find defects and questionable or objectionable items in the IFB, Offeror shall notify the State in writing prior to the deadline for written questions as stated in the Section 5.8 Schedule and Significant Dates, as amended. This will allow the issuance of any necessary corrections and/or amendments to the IFB by addendum and mitigate reliance on a defective solicitation and exposure of bid quote(s) upon which award could not be made.

8.9 Bid quote Preparation

8.9.1 Offer Form OF-1

Offer Form OF-1 is required to be completed using Offeror’s exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable, in the appropriate space on OFFER FORM page OF-1.

The Offeror’s authorized signature on the OFFER FORM, OF-1 shall be an original signature, which shall be required before an award, if any, can be made. The submission of the bid quote shall indicate Offeror’s intent to be bound.

Completion of Offer Form OF-1 is Offeror’s acknowledgment and agreement to provide services in all categories identified in the IFB, and the understanding of evaluation criteria and process.

8.9.2 Tax Liability and County Surcharge

Work to be performed…