Special Provisions.docx

SPECIAL PROVISIONS

TERMS AND ACRONYMS USED HEREIN

SCOPE

The Department of Accounting and General Services – Central Services Division (DAGS/CSD) is requesting all interested bidders to provide the cost to supply one (1) or more of the items or its approved substitution in accordance with these Special Provisions and 103D General Conditions.

CONTRACT ADMINISTRATOR

For the purpose of this contract, Mr. Gerld Shioji, DAGS-Central Services Division or designee is the Contract Administrator (CA), gerald.m.shioji@hawaii.gov.

TERM OF CONTRACT

The term of contract shall be for the twelve (12) month period commencing from the official date on the Notice to Proceed.

CONTRACT EXTENSION

Unless terminated or in the event of unforeseen circumstances, this contract may be extended without rebidding, upon mutual agreement in writing between the State and the Contractor, prior to the expiration date, for not more than two additional twelve (12) month periods.

CONTRACT MODIFICATION

Any price increase for the list of equipment provided in the solicitation, shall be negotiated between the Contractor and the DAGS/CSD and shall not be over ten percent (10%) of the original offer amount.

QUESTIONS AND ANSWERS

Questions (inquiries) regarding this solicitation are due on or before August 5, 2026, 2:00 p.m. All questions (inquiries) shall be made using the HIePRO Question and Answer Section.

Answers (responses) to questions (inquiries) shall be made by way of HIePRO, Question and Answer Section, on or before August 11, 2026, 2:00 p.m.

OFFEROR QUALIFICATION

Experience. To qualify to bid on the specified goods and/or services, the bidder must be engaged in a business whose primary customary interest is to provide the specified goods and/or services. The bidder must also have the requisite experience, appropriate forms of insurance, and proper licenses. Offeror shall indicate its number of years of experience on the Offer Form A and may be required to produce documentation substantiating its years of experience.

License. The Offeror shall possess at the time of bid submittal, a required business and tax licenses in order to conduct business in the State of Hawaii. Offeror shall provide information on the Offer Form A.

Office/Services Facility Location. Offeror shall have a permanent office and service facility on the island of Oahu from which to conduct business with replacement parts and a shop facility for repairing and servicing the equipment.

Award will not be made to any Offeror failing to meet ALL of the above qualifications. The DAGS/CSD reserves the right to disqualify any potential bidder if, in its discretion, the DAGS/CSD determines that the bidder does not have the requisite experience or expertise to provide the goods and/or services. Failure to meet these qualifications requirements shall result in rejection of the bid. Further, satisfaction of these requirements must be maintained by the Contractor during the entire contract period.

CERTIFICATION OF INDEPENDENT COST DETERMINATION

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

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

b. Unless otherwise required by law, the cost in its offer have not been knowingly disclosed by the Offeror prior to award, directly or indirectly, to any other Offeror or competitor prior to the award of the contract.

c. No other attempt has been made or will be made by the Offeror to influence any other person or firm to submit or not to submit an offer for the purpose of restricting competition, bid rigging or other unlawful purpose.

BID PREPARATION

Offer Form A. Offeror shall submit offer using Offeror’s exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable; and to indicate exact legal name in the appropriate space. Failure to do so may delay proper execution of the contract.

Offeror’s authorized signature shall be an original signature in ink. If unsigned or the affixed signature is a facsimile or a photocopy, the offer shall be automatically rejected unless accompanied by other material, containing an original signature, indicating the Offeror’s intent to be bound.

Taxpayer Preference. For evaluation purposes, pursuant to §103D-1008, HRS, the Offeror's tax-exempt price submitted in response to an IFB shall be increased by the applicable retail rate of general excise tax and the applicable use tax. Under no circumstance shall the dollar amount of the award include the aforementioned adjustment.

Price. Shall include all costs to furnish all labor, equipment, tools, supplies, applicable taxes (including the current Hawaii General Excise Tax), training and any other expenses incurred to provide the goods and services specified herein.

Insurance. Offeror shall provide insurance information as requested on Offer Form A.

Preparation of Offer. An Offeror may submit only one (1) offer for each line item of the solicitation. If an Offeror submits more than one offer in response to a solicitation, then all such offers shall be rejected. Similarly, an Offeror may submit only one offer for each line item (if any) of a solicitation. If an Offeror submits more than one offer per line item, then all offers for that line item shall be rejected.

SUBMISSION OF OFFER

Offers shall be received electronically through the Hawaii State eProcurement called HIePRO. Offers received outside of the HIePRO shall be rejected and not be considered for award. To register for HIePRO, please go to http://hiepro.hawaii.gov. If you need assistance in registering, please call (808) 695-4620 or go to the HIePRO website and click on Help-Chat online.

Offeror’s electronic response to this solicitation shall be deemed an offer to sell the specified materials and services to the State at the price(s) shown in the response and under the terms and conditions of this solicitation.

Offerors must complete and submit the following forms:

These document(s) must be submitted electronically, as an attachment, through the HIePRO. Offerors are responsible for ensuring all forms requested are attached when submitting an offer.

Offeror must bid on all items specified on the Offer Form B pages and submit all of the above reference forms to be considered for award. Failure to do so shall result in rejection of the entire Bid.

If you need assistance in submitting these pages through HIePRO, please call (808) 695-4620 or go to the HIePRO website and click on Help-Chat online.

RESPONSIBILITY OF OFFEROR

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

1. Chapter 237, tax clearance;

2. Chapter 383, unemployment insurance;

3. Chapter 386, workers’ compensation;

4. Chapter 392, temporary disability insurance;

5. Chapter 393, prepaid health care; and

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

The State will verify compliance on Hawaii Compliance Express (HCE) for awards $ 2,500 or greater.

The HCE is an electronic system that allows vendors/contractors/ services 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.

Vendors/contractors and service providers should register online with Hawaii Compliance Express (HCE) prior to submitting an offer at http://vendors.ehawaii.gov.

The annual registration fee is $12.00 payable to Hawaii Information Consortium, LLC (HIC).

If you have any questions, please call:

The “Certificate of Vendor Compliance” is accepted for both contracting and final payment.

Paper documents as proof of compliance are NOT ACCEPTABLE.

Offerors are advised that the following paper compliance documents will no longer be accepted:

Timely Submission of Compliance Document. The “Certificate of Vendor Compliance” must be submitted to the DAGS/CSD within ten (10) working days from the date the request is made. If the certificate is not submitted on a timely basis, an otherwise responsive offer from a responsible Offeror may not receive the award.

It is recommended that Offerors register with Hawaii Compliance Express (HCE) prior to responding to a solicitation to ensure timely submittal when requested. Offerors should be aware that it takes thirty (30) working days to establish a compliance status.

AWARD OF CONTRACT

Method of Award. Award, if made, shall be to the responsible Offeror whose offer is responsive with the lowest bid price and meets all specifications.

Interested Offerors may bid on a single or multiple items (including all costs) on Offer Form B.

Pursuant to HAR §3-122-34, low tie bids are received from responsible bidders that are identical in price meet all requirements and criteria of the bid, at the discretion of the procurement officer, award may be made in any manner to resolve tie bids, including but not limited to:

· Award to business providing goods produced or manufactured in the State or to a business that maintains a business in the State;

· Award to bidder who received the previous award;

· Award may be made by drawing lots.

Timely Submission of Certificates. The qualified Offeror with the lowest responsive offer is required to submit to the DAGS/CSD the following forms:

Certificate of Insurance Certificate of Vendor Compliance W-9, Request for Taxpayer Identification Number and Certification If the certificate(s) and form(s) is not submitted on a timely basis, an otherwise responsive offer from a responsible Offeror may not receive the award.

Cancellation of IFB and Rejection of Offers. Award shall be contingent on the availability of funds. The State reserves the right to cancel this IFB and/or reject any and all offers in whole or in part when it is determined to be in the best interest of the State.

NOTICE TO PROCEED

Work will commence on the official commencement date specified on the Award Notification or Notice to Proceed.

No work is to be undertaken by the Contractor prior to the official commencement date specified on the Award Notification or Notice to Proceed issued by the State upon execution of the contract by both parties.

The State of Hawaii is not liable for any work, contract, costs, expenses, loss of profits, or any damages whatsoever incurred by the Contractor prior to the official commencement date.

INVOICING

Contractor shall submit an original invoice, which includes the Contract Number and IFB Number to:

EXTRA WORK/EQUIPMENT

For extra work/equipment not covered by the Contract, the Contractor shall submit a separate written proposal to the Contract Administrator describing the work/equipment to be done and the cost to perform the work/provide the equipment. If the proposal is found acceptable, and without further solicitation of other bidders, the Contract Administrator may issue a separate Purchase Order to authorize the work.

The invoice from the Contractor shall contain date of work/description of the equipment, listed of parts and materials used or attached copies of invoices of parts and materials purchased.

PAYMENT

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

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

Final Payment Requirements. Contractors are required to submit a “Certificate of Vendor Compliance” for final payment on the contract.

LIQUIDATED DAMAGES

Refer to Section 9 of the General Conditions. Liquidated damages is fixed at the sum of ONE HUNDRED DOLLARS ($100.00) for each calendar day the Contractor delays in the completion of his contract after the required date of said completion.

CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS

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

COMPETENCY OF OFFEROR

Prospective Offeror must be capable of performing the work for which offers are being called. Either before or after the deadline for an offer, the purchasing agency may require Offeror to submit answers to questions regarding facilities, equipment, experience, personnel, financial status or any other factors relating to the ability of the Offeror to furnish satisfactorily the goods or services being solicited by the STATE. Any such inquiries shall be made and replied to in writing; replies shall be submitted over the signatures of the person who signs the offer. Any Offeror who refuses to answer such inquiries will be considered non-responsive.

WORKMANSHIP

All work shall be executed in a professional manner and shall present a neat appearance when completed. All work done shall be subject to inspection and approval of the Contract Administrator; all services rendered shall be in accordance with these specifications and provisions.

REMOVAL OF CONTRACTOR’S EMPLOYEES

Contractor agrees to remove any of its employees from services rendered and to be rendered to the State, upon request in writing by the Contract Administrator.

SUBCONTRACTORS

The Contractor shall not contract any Contractor to perform any of the duties listed in this IFB unless the Contract Administrator has given written approval. The State reserves the right to approve all subcontractors and shall require the primary Contractor to replace any subcontractors found to be unacceptable. The primary Contractor will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract, and shall be responsible for all services whether or not primary Contractor performs them.

PERMITS, LICENSES, AND TAXES

The Contractor shall procure all permits and licenses, during the term of the contract and any extension, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work.

Failure to procure and maintain valid permits and licenses required by law and these specifications may be cause for the State to terminate the contract.

RE-EXECUTION OF WORK

The Contractor shall re-execute any work that fails to conform to the requirements of the contract and shall immediately remedy any defects due to faulty workmanship by the Contractor. Should the Contractor fail to comply, the State reserves the right to engage the services of another company to perform the services and to deduct such costs from monies due to the Contractor.

RIGHTS AND REMEDIES FOR DEFAULT

In the event the Contractor fails, refuses, or neglects to perform the services in accordance with the requirements of these Special Provisions, the Specifications, and the General Conditions herein, the addition to the recourse stated in Section 13 of the General Conditions, the State reserves the right to purchase in the open market, a corresponding quantity of the services specified herein and to deduct from any moneys dues or that may thereafter become due the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. In case any money due the Contractor is insufficient for said purpose, the Contractor shall pay the difference upon demand by the State. The State may utilize all other remedies provided by law.

APPROVALS

Any agreement arising out of this offer may be subject to the approval of the Department of the Attorney General as to form, and is subject to all further approvals, including the approval of the Governor, required by statute, regulation, rule, order, or other directive.

CANCELLATION OF SOLICITATIONS AND REJECTION OF OFFERS

The solicitation may be cancelled, or the offers may be rejected, in whole or in part, when in the best interest of the purchasing agency, as provided in §3-122-95 through §3-122-97, HAR.

NONDISCRIMINATION

No person performing work under this Agreement, including any subcontractor, employee, or agency of the Contractor, shall engage in any discrimination that is prohibited by any applicable federal, state, or county law.

COMPLIANCE WITH LAWS

The Contractor at all times shall observe and comply with all federal, State and local laws or ordinances, rules and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, and the conduct of the work. The Contractor shall also comply with all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the work. Any reference to such laws, ordinances, rules and regulations shall include any amendments thereto.

INDEMIFICATION AND DEFENSE

The Contractor shall defend, indemnify and hold harmless the State of Hawaii, the contracting agency, and their officers, employees, and agents from and against all liability, loss, damage, costs, and expense including attorney’s fees, and all claims, suits, and demands therefore, arising out of or resulting from the acts or omissions of the CONTRACTOR or the CONTRACTOR’S employees, officers, agents, or subcontractors under this Contract. The provisions of this paragraph shall remain in full force and effect notwithstanding the expiration or early termination of this Contract.

TERMINATION FOR CONVENIENCE

The Agency may, when the interests of the State require, terminate this Contract in whole or in part, for the convenience of the State. The Agency shall give written notice of the termination to the Contractor specifying the part of the Contract terminated and when termination becomes effective.

FINAL ACCEPTANCE

The contract will be considered accepted when all work has been fully completed and all required documents have been submitted.

PROTEST

Pursuant to HRS § 103D-701, an actual or prospective offeror who is aggrieved in connection with the solicitation or award of a contract may submit a protest. Any protest shall be submitted in writing to the Procurement Officer (PO) James Kurata, Central Services Administrator, 729 Kakoi Street, Honolulu, Hawaii 96819.

A protest shall be submitted in writing within five (5) working days after the aggrieved person knows or should have known of the facts giving rise thereto; provided that a protest based upon the content of the solicitation shall be submitted in writing prior to the date set for receipt of offers. Further provided that a protest of an award or proposed award shall be submitted within five (5) working days after the posting of award.

Award(s), if any, resulting from this solicitation shall be posted to the State Procurement Office (SPO) website: http://www.hawaii.gov/spo.

SPECIAL PROVISIONS Page 1 of 2 CSD-27-002-O