SPECIAL PROVISIONS SP-1 CSD-26-033-O

SPECIAL PROVISIONS

CSD Baseyard - Mezzanine Office Remodel

DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES

CENTRAL SERVICES DIVISION

TERMS AND ACRONYMS USED HEREIN

Procurement Officer

= DAGS/CSD Administrator or his designee

State = State of Hawaii DAGS/CSD = Department of Accounting and General Services - Central

Services Division, 729 Kakoi Street, Honolulu, Hawaii 96819

CA = Contract Administrator Bidder or Offeror = Any individual, partnership, firm, corporation, joint venture, or other entity submitting directly or through a duly authorized representative or agent, a bid for the good, service, or construction contemplated.

HRS = Hawaii Revised Statutes HAR = Hawaii Administrative Rules HlePRO = State of Hawaii eProcurement System AG = Attorney General GC = General Conditions, Form AG-008 issued by the Attorney

General (AG) IFB = Invitation For Bids GET = General Excise Tax

1.0 SCOPE

The furnishing of tenant improvements, for the Department of Accounting and General Services - Central Services Division, shall be in accordance with these Special Provisions, attached sketch, and the attached AG General Conditions Form AG-008.

2.0 CONTRACT ADMINISTRATOR

For the purposes of this contract, Mr. James Kurata, DAGS/CSD, or designee, is the Contract Administrator (CA). The telephone number and email at which he may be reached is (808) 831-6730 or central.services@hawaii.gov. For any questions or further assistance, please contact Dixon Park at mailto:central.services@hawaii.gov

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dixon.j.park@hawaii.gov or at (808) 345-0245.

3.0 TERM OF CONTRACT

The term of this contract shall be for the period noted on the solicitation and commencing from the date on the Notice to Proceed.

4.0 CONTRACT EXTENSION

Unless terminated, the 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 (2) additional 30 day periods, or parts thereof. Provided, however, the total contract price remains the same, subject to any price increase or decreases allowed by the contract or the Contract Adminstrator.

The Contractor or the State may terminate any extended contract period at any time upon thirty (30) days prior written notice.

5.0 EXAMINATION OF PROJECT AREAS

Prospective qualified Offerors should visit the project site and thoroughly familiarize themselves with existing conditions and the amount and kind of work to be performed.

No additional compensation will be made for reason of any misunderstanding or error regarding conditions at the project location or the amount and kind of work to be performed.

6.0 PRE-BID CONFERENCE

Prospective qualified Offerors are invited to attend a pre-bid conference to be held as indicated on the HIePRO solicitation. The purpose of this voluntary meeting is to address any questions and concerns Offerors may have regarding the procurement process, sketches, specifications, and the scope of work.

Offerors are advised that anything discussed at the pre-bid conference does not change any part of this solicitation. All changes and/or clarifications to this solicitation shall be made in the form of written addenda on the HIePRO system.

Submission of a bid in response to this solicitation shall indicate that Offeror understands the scope of services to be provided and accepts the terms and conditions of the resulting contract, if awarded. No additional compensation, after opening of bid, shall be allowed for reason of any misunderstanding or error regarding site conditions or work to be performed.

mailto:dixon.j.park@hawaii.gov

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7.0 WRITTEN INQUIRIES (QUESTIONS AND ANSWERS)

Questions (inquiries) regarding this solicitation are due by the date and time listed for questions in the HIePRO system. All inquiries shall be made using the HlePRO Question and Answer Section. Responses to questions will be provided on the date as indicated in the HIePRO system.

8.0 REQUIREMENTS FOR CONTRACTOR LICENSING CLASSIFICATIONS

Offerors as a General Engineering Contractor holding a 'B' license are reminded that due to the Hawaii Supreme Court's January 28, 2002, decision in Okada Trucking Co., Ltd. V. Board of Water Supply, et al., 97 Haw. 450 (2002), they are prohibited from undertaking any work, solely or as part of a larger project, which would require the General Contractor to act as a specialty Contractor in any area in which the General Contractor has no license.

Offerors are solely responsible for reviewing the project requirements, determining the appropriate licenses required, and ensure that they possess, and that the Subcontractor(s) listed possess, the necessary specialty licenses to perform the work for this project.

9.0 OFFEROR QUALIFICATIONS

Experience and Qualifications. The Offeror shall have a minimum of five (5) consecutive years' experience (immediately prior to the bid opening date), in the field of building tenant improvements and installation of modular furniture. All Offerors must be able to produce documented project experience to substantiate their claim of experience.

Service Facility. The Offeror shall have an office or service facility on the island of Oahu from where they conduct business and will be accessible between 7A to 4P, Monday thru Friday, 5 days a week, to receive telephone calls, text messages, emails, complaints, or emergency service requests. Answering machines/services do not qualify and are in default of these requirements. Service facility shall include where the journeymen trades are dispatched to perform the work specified in this contract.

License. The Offeror shall possess at the time of bid submittal, a valid State of Hawaii contractor license and the required business and tax licenses to conduct business in the State of Hawaii. Both the contractor's license and tax license must be kept in force during the duration of this contract and for any extensions that may be agreed upon. The DAGS/CSD may request Offeror to submit a valid copy of the contractor B license within ten (10) working days from the date the request is made.

Personnel Qualifications. Offeror’s personnel can be listed only once in the

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mechanics spaces provided on Qualification Form Part A.

Falsification of personnel qualifications, inability to perform the work in accordance with these specifications, utilization of unqualified personnel, or excessively high turnover of personnel assigned to this project SHALL CONSTITUTE A BREACH

OF CONTRACT.

9.1 Qualification Form. Offeror must complete and return Qualification Form Part A electronically, as a .pdf attachment, with their bid submittal through HIePRO. Offerors are responsible to ensure all forms requested are attached when submitting an offer.

If Offeror needs assistance in submitting these pages through HIePRO, they can contact HIePRO at (808) 695-4620 or go to the HIePRO website and click on Help- Chat online.

If requested by the State, the Offeror shall have three (3) business days to provide additional information/documentation. Failure to do so may result in disqualification of Offeror.

10.0 CERTIFICATION OF INDEPENDENT COST DETERMINATION

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

a. The costs in its offer have been derived 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 any other unlawful purpose.

11.0 BID PREPARATION

Enter bid prices as noted in the HiEPRO instructions.

Subcontractors. Offeror shall list all subcontractors to be used to perform the services specified herein. The DAGS/CSD reserves the right to request additional information about any subcontractor listed. Such information shall be provided within five (5) working days of the request.

Taxpayer Preference. For evaluation purposes, pursuant to §103D-1008, HRS, the

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Offeror's tax-exempt price submitted in response to an RFQ shall be increased by the applicable retail rate of general excise tax and th e applicable use tax. Under no circumstance shall the dollar amount of the award include the aforementioned adjustment.

Unit Bid Price. Prices shall include costs for all labor, equipment, materials (other than those procured at the State’s expense, applicable taxes (including the current Hawaii General Excise Tax) and any other expenses incurred to provide services as specified herein.

Offer Guaranty. An offer security deposit is not required for this solicitation.

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

Wage Certificate. The Offeror shall complete and submit a Wage Certificate with its Offer, as an attachment on HlePRO, by which the Offeror certifies that services required will be performed pursuant to §103-55, HRS. Refer to section 22.0 below for further information.

Qualification Form A: The Offeror shall complete and submit Qualification Form Part A and submit with its offer, as an attachment on HlePRO, by which the Offeror certifies its full legal business name, location, contact information, personnel, qualifications, and past work (as indicated on the form).

Preparation of Offer. An Offeror may submit only one offer in response to a 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.

HIePRO Fees: HiePRO is an unfunded initiative which means that no funds have been appropriated for the program. There is no cost for vendors to register or to submit quotes or bids. However upon award, the awarded vendor must pay Tyler Hawaii 0.75% of the original awarded amount, capped at $5,000, within 30 days.

Variations to the award amount will not impact the fee due to Tyler Hawaii, unless the actual award amount is less than the original award amount. In these cases, the awarded vendor may contact Tyler Hawaii and request to pay based on the amended amount.

12.0 SUBMISSION OF OFFER

Offers shall be received electronically through the Hawaii State eProcurement called HlePRO. Offers received outside of the HlePRO shall be rejected and not be considered for award. To register for HlePRO, please go to http://hiepro.hawaii.gov.

If you need assistance in registering, please call (808) 695-4620 or go to the HlePRO website and click on Help-Chat online.

http://hiepro.hawaii.gov./

SPECIAL PROVISIONS SP-6 CSD-26-033-O

Offeror's electronic response to this solicitation shall be deemed an offer to sell the specified services/construction 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 all of the following documents:

o Offer Form A o Offer Form B o Wage Certificate o Qualification Form A o Contractor's State of Hawaii License o IRS Form W-9

These document(s) must be submitted electronically, as an attachment, through HlePRO. Offerors are responsible for ensuring all forms requested are attached when submitting an offer. If assistance is needed in submitting these pages through HlePRO, please call (808) 695-4620 or go to the HlePRO website and click on HelpChat online.

Offeror must bid on all items specified on the ‘Line Items’ tab on HIePro to be considered for award. Failure to do so shall result in rejection of your Bid.

13.0 RESPONSIBILITY OF OFFEROR

Offeror is advised that 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(C), Certificate of Good Standing (COGS) for entities doing business in the State.

The State will verify compliance on Hawaii Compliance Express (HCE).

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

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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:

Hawaii Information Consortium, LLC Phone no. (808) 695-4620 Email: info@ehawaii.gov

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

Paper documents as proof of compliance are ACCEPTABLE. Offerors are advised that the following paper compliance documents will be accepted:

• Tax Clearance Form A-6

• Certificate of Compliance, DLIR Form LIR#27

• Certificate of Good Standing, DCCA (BREG)

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 the Offeror responsible 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 may take thirty (30) working days to establish a compliant status.

Final Payment Requirements. Contractors are required to submit a "Certificate Of Vendor Compliance" for final payment on the contract.

14.0 AWARD OF CONTRACT

Method of Award. Award, if made, shall be to the responsible Offeror whose offer is responsive with the lowest evaluated TOTAL SUM BID PRICE. In the event of a tie, the Offeror highest years of experience as indicated in Qualification Form A shall be awarded the bid. In the event of a further tie, a coin flip will determine the awarded Offeror.

http://vendors.ehawaii.gov/ mailto:info@ehawaii.gov

SPECIAL PROVISIONS SP-8 CSD-26-033-O

Offeror must bid on all items noted on the HIePRO ‘line Items’ to qualify for award. Failure to do so shall result in rejection of the entire bid.

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

If the certificate(s) and form(s) is not submitted in HIePRO to be considered to be awarded, 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.

15.0 EXECUTION OF CONTRACT

The State shall provide a Purchase Order to the successful Offeror.

16.0 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.

17.0 INVOICING

Contractor shall submit an electronically-transmitted and contractor certified invoice to the Department of Accounting and General Services, to the mailbox centraservices@hawaii.gov, for approval and processing , which includes the Contract Number, RFQ Number, and the month of service to:

Department of Central Services Division mailto:centraservices@hawaii.gov

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729 Kakoi Street Honolulu, Hawaii 96819 Attn: Dixon Park

Invoice shall include an itemized listing of work completed.

Charges shall not be included in any invoice until the work has been performed. Final payment of all remaining contract funds shall not be approved for payment until the acceptance of all re-work for discrepancy items.

Payment shall be made to the Contractor at the contracted price upon certification, by the State, that the Contractor has satisfactorily performed the required services each month.

Invoices billed from a mainland affiliate must be sent to the Contractor's local office for inclusion of the appropriate paperwork, before being submitted to State. Incomplete invoices will be returned to the Contractor without processing.

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

18.0 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.

PARTIAL PAYMENT

At the Contractor's request, the State will process partial payment(s) based on a monthly amount of the bid price. In the event the maintenance services are not satisfactorily completed, the State reserves the right to withhold payment.

FINAL PAYMENT REQUIREMENTS

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

19.0 EXTRA WORK

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For extra work not covered by the Contract, the Contractor shall submit a separate written proposal to the Contract Administrator describing the work to be done and the cost to perform the work. 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 work performed, location of work, listed of parts and materials used or attached copies of invoices of parts and materials purchased.

20.0 LIQUIDATED DAMAGES

Liquidated damages are fixed at the sum of One Thousand Dollars ($1,000.00) for each calendar day the Contractor delays the completion of the contract after the required date of completion. Refer to Section 9 of the 103D AG General Conditions, Form AG-008.

21.0 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.

22.0 WAGES, HOURS, AND WORKING CONDITIONS OF EMPLOYEES

OF CONTRACTOR PERFORMING SERVICES

All Offerors for service contracts shall comply with Section 103-55, Hawaii Revised Statutes, which provides as follows:

Wages, hours, and working conditions of employees of contractor supplying services: Before any Offeror is entitled to submit any offer for the performance of any contract to supply services more than $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 worker's compensation, unemployment compensation, payment of wages, and safety will be fully complied with.

No contract to perform services for any governmental contracting agency more

SPECIAL PROVISIONS SP-11 CSD-26-033-O

than $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 cancellation of the contract.

It shall be the duty of the governmental contracting agency awarding the contract to perform services more than $25,000 to enforce this section.

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

Wage Certificate. The Offeror shall complete and submit a Wage Certificate with its offer, as an attachment, on HlePRO.

Offeror shall be further obliged to notify his/her employees performing work under this contract of the provisions of Section 103-55, HRS, and of the current wage rates for public employees performing similar work. The Offeror may meet this obligation by posting a notice to this effect in the Offeror's place of business in an area accessible to all employees, or the Offeror may include such notice with each paycheck in the pay envelope furnished to the employee.

No contract to perform services for any government contracting agency more than $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 cancellation of the contract.

It shall be the duty of the governmental contracting agency awarding the contract to perform services more than $25,000 to enforce this section.

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

23.0 PERFORMANCE BOND

Pursuant to HAR §3-122-224, before any contract is entered into, the Contractor shall provide a performance bond to the State. The performance bond shall be in the penal sum of not less than one hundred percent (100%) of the amount of the contract awarded, as security for the faithful performance of the contract.

24.0 LIABILITY INSURANCE

The Contractor shall obtain and maintain insurance described below which shall provide coverage against claims arising out of the Contractor's operations under the contracts, whether such operations be by the Contractor itself or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable during the life of this contract.

SPECIAL PROVISIONS SP-12 CSD-26-033-O

Worker's Compensation The Contractor shall obtain worker's compensation insurance for all persons whom they employ in carrying out the work under this contract. This insurance shall be in strict conformity with the requirements of the most current and applicable State of Hawaii Worker's Compensation Insurance law in effect on the date of the execution of this contract and as modified during the duration of the contract.

General Liability The Contractor shall obtain General Liability insurance with a limit of not less than $1,000,000 per occurrence and $2,000,000 in the Aggregates.

Automobile Liability The Contractor shall obtain Auto Liability Insurance covering all owned, non-owned and hired autos with a combined single limit of not less than $1,000,000 per occurrence.

The Contractor shall maintain in full force and effect during the life of this contract, liability and property damage insurance to protect the Contractor and its subcontractors, if any, from claims for damages for personal injury, accidental death and property damage which may arise from operations under this contract, whether such operations be by the contractor or by a subcontractor or anyone directly or indirectly employed by either of them, or anyone for whose acts any of them may be liable during the life of this contract. If any subcontractor is involved in the performance of the contract, the insurance policy or policies shall name the subcontractor as an additional insured.

As an alternative to the Contractor providing insurance to cover operations performed by a subcontractor and naming the subcontractor as additional insured, Contractor may require subcontractor to provide its own insurance which meets the requirements herein. It is understood that a subcontractor's insurance policy or policies are in addition to the Contractor's own policy or policies.

The following minimum insurance coverage(s) and limit(s) shall be provided by the Contractor, including its subcontractor(s) where appropriate.

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Coverage Limits Commercial General Liability (occurrence form)

$1,000,000 combined single limit per occurrence for bodily injury and property damage $2,000,000 aggregate per occurrence

Automobile Liability Insurance $1,000,000 combined single limit per occurrence

Each insurance policy required by this contract, including a subcontractor's policy, shall contain the following clauses:

1. “The State of Hawaii is added as an additional insured as respects to operations performed for the State of Hawaii.”

2. “It is agreed that any insurance maintained by the State of Hawaii will apply in excess of, and not contribute with, insurance provided by this policy.”

3. “State of Hawaii HIePRO Solicitation: xxxxxx” This number will be indicated on the HIePRO solicitation on the website.

The minimum insurance required shall be in full compliance with the Hawaii Insurance Code throughout the entire term of the contract, including supplemental agreements.

Prior to issuance of the Notice to Proceed, Award Notification or Purchase Order, Contractor must provide to DAGS Central Services Division, 729 Kakoi Street, Honolulu, Hawaii 96819 within ten (10) working days from the date the request is made a CERTIFICATE(S) OF INSURANCE completed by a duly authorized representative of their insurer certifying that the liability coverage(s) is written on an occurrence form.

The certificate of insurance is necessary to satisfy the State that the insurance provisions of this contract have been complied with and to keep such insurance in effect and the certificate(s) therefore on deposit with the State during the entire term of this contract, including those of its subcontractor(s), where appropriate.

Upon request by the State, Contractor shall be responsible for furnishing a completed certified copy of all required insurance policies, including endorsements effecting the coverage required at any time.

The Contractor will immediately provide written notice to the State of Hawaii, Department of Accounting and General Services, Central Services Division, SPECIAL PROVISIONS SP-14 CSD-26-033-O

Purchasing Office, 729 Kakoi Street, Honolulu, Hawaii 96819 should any of the insurance policies evident on its Certificate of Insurance form be cancelled, limited in scope, or not renewed upon expiration.

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

The procuring of such required insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this contract. Notwithstanding said policy or policies of insurance, Contractor shall be obliged for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract.

It is recommended that Offerors apply for the Certificate of Insurance as soon as possible to ensure timely submittal when requested.

25.0 SERVICE REQUIREMENTS AND CONTRACT MODIFICATIONS

Contractor shall be notified of such requirements by a contract modification issued by the State.

The State reserves the right to add or delete work to the contract and will make adjustments by issuing an amended Purchase Order.

26.0 WARRANTY

The Contractor shall submit a written warranty for the replacement of any integral part of equipment listed herein, such as furniture, etc., as guaranteed by the factory.

The warranty shall consist of the period covered from the date of installation, make, model number, serial number, and location of equipment (name of building, floor number, etc.) and shall be provided to the State.

27.0 INSPECTION

All work done and all materials furnished shall be subject to random periodic inspection and approval by the CA so as to ascertain that the services rendered are in accordance with requirements and intentions of the Specifications and Special Provisions. The CA may require additional information as necessary to maintain a record of the service rendered and also request that the Contractor accompany the CA on field inspections to be scheduled periodically.

28.0 RE-EXECUTION OF WORK

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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.

29.0 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 the Offeror to submit answers to questions regarding 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.

30.0 WORKMANSHIP

All work shall be executed in a professional manner and shall present a neat and workmanlike 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 special provisions.

31.0 SERVICE AREAS

The Contractor shall perform the service at the noted facility. It is the Contractor's responsibility to examine the location and condition of the work area.

The State shall notify the Contractor of any subsequent changes of project area and furnish any other pertinent information necessary for the proper execution of the contract.

32.0 CLEANUP

The Contractor shall keep the job site free of debris, litter, refuse, etc. and shall clean all fluids, oils and grease drippings or spills during the daily progress of work. The Contractor shall remove all old replaced malfunctioning parts and equipment from the area upon completion of the work.

33.0 REMOVAL OF CONTRACTOR'S EMPLOYEES

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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.

34.0 SUBCONTRACTORS

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 the primary contractor performs them.

35.0 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.

Contractors, subcontractors, and equipment service companies doing business within the Hawaii Capitol District will be assessed appropriate parking fees. The contractor shall be solely responsible for all parking fees. Parking stalls will be assigned only to company vehicles and subject to availability only. Assignment of parking stalls is NOT guaranteed. Check with the Automotive Management Division (telephone 808-586-0351) to request the number and cost of stalls for the duration of this contract. Each stall will be assessed at the current rate per month as established by the Department’s Rules Governing Parking on State Lands. If the Work involved is less than five working days, check with the Automotive Management Division to coordinate specific parking requirements.

36.0 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.

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37.0 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.

38.0 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.

39.0 CONFIDENTIALITY OF MATERIAL

All material given to or made available to the Contractor by virtue of this contract, which is identified as proprietary or confidential information, will be safeguarded by the Contractor, and shall not be disclosed to any individual or organization without the prior written approval of the State.

All information, data, or other material provided by the Offeror or the Contractor to the State shall be subject to the Uniform Information Practices Act, chapter 92F, HRS. The Offeror shall designate in writing to the Procurement Officer those portions of its unpriced offer or any subsequent submittal that are trade secrets or other proprietary data that the Offeror desires to remain confidential, subject to §3-122-58, HAR, in the case of an RFP, or §3-122-30, HAR, in the case of an RFQ. The Offeror shall state in its written communication to the Procurement Officer, the reason(s) for designating the material as confidential, for example, trade secrets. The Offeror shall submit the material designated as confidential in such manner that the material is readily separable from the offer in order to facilitate inspection of the non-confidential portion of the offer.

Price is not confidential and will not be withheld. In addition, in the case of an IFB, makes and models, catalogue numbers of items offered, deliveries, and terms of payment shall be publicly available at the time of opening regardless of any designation to the contrary.

If a request is made to inspect the confidential material, the inspection shall be subject to written determination by the Office of the Attorney General in accordance with chapter 92F, HRS. If it is determined that the material designated as confidential is subject to disclosure, the material shall be open to public inspection, unless the Offeror protests under chapter 3-126, HAR. If the request to inspect the confidential material is denied, the decision may be appealed to the Office of Information Practices in accordance with §92F-15.5, SPECIAL PROVISIONS SP-18 CSD-26-033-O

HRS.

40.0 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.

41.0 RECORDS RETENTION

The Contractor and any subcontractors shall maintain the books and records that relate to the Agreement and any cost or pricing data for three (3) years from the date of final payment under the Agreement.

42.0 COMPLIANCE WITH LAWS

The Contractor always 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.

43.0 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.

44.0 TERMINATION FOR CONVENIENCE

The Agency may, when the interests of the State so 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.

45.0 ASBESTOS PROHIBITION

SPECIAL PROVISIONS SP-19 CSD-26-033-O

The use of materials or equipment containing asbestos is prohibited under this contract. Contractor warrants that all materials and equipment incorporated in the project are asbestos free.

46.0 GUARANTEE OF WORK

Except as otherwise specified, all work and equipment shall be guaranteed by the Contractor against defects in materials, equipment, or workmanship for one (1) year from the date of final payment for all acceptably completed work. All guarantees of work shall be transmitted in writing.

47.0 MANUFACTURER'S GUARANTEE

Whenever a manufacturer's or installer's guarantee on any product hereinafter specified, exceeds one (1) year, this guarantee shall become part of this contract in addition to the Contractor's guarantee.

48.0 FINAL ACCEPTANCE

The contract will be considered accepted when all work has been fully completed and all required documents have been submitted, and Acceptance of all work by the Contract Administrator or their designated representative.

49.0 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 given 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.

http://www.hawaii.gov/spo