Special Provisions.pdf

SPECIAL PROVISIONS SP-1 CSD-26-010-O

SPECIAL PROVISIONS

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 HIePRO = Hawaii Electronic Procurement System AG = Attorney General GC = General Conditions, Form AG-008, Rev. 4/15/2009 issued by the Attorney General (AG) IFB = Invitation for Bids

GET

SCOPE

= General Excise Tax

The furnishing of all labor, tools, equipment, public safety measures for installation, maintenance, inspection, materials, (which includes bait boxes and traps) and any other items necessary to satisfactorily perform all operations in connection with furnishing rodent, ant, mosquitoes, termites and other pest control services at various State buildings shall be in accordance with these Special Provisions, attached Specifications, and 103d General Conditions - included by reference and available at:

https://spo.hawaii.gov/wp-content/uploads/2014/02/103D-General-Conditions.pdf.

CONTRACT ADMINISTRATOR

For the purpose of this contract, Mr. Gerald Shioji, Central Services Manager, DAGS- Central Services Division or designee is the Contract Administrator (CA) and may be contacted by calling 808-831-6733 or by email at 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 but no earlier than November 1, 2025.

https://spo.hawaii.gov/wp-content/uploads/2014/02/103D-General-Conditions.pdf mailto:gerald.m.shioji@hawaii.gov.

SPECIAL PROVISIONS SP-2 CSD-26-010-O

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 four (4) additional twelve-month periods, or parts thereof.

Provided, however, the contract price for the extended period shall remain the same or lower than the initial contract price, subject to any price increase allowed by the contract.

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

SITE INSPECTION

Prior to submission of an offer, Offeror shall inspect the Job Site to become thoroughly familiar with existing conditions and the amount and type of work to be performed.

Submission of an offer shall be evidence the Offeror understands the scope of work and the Contract requirements and agrees to comply with all Contract requirements including these specifications. No additional compensation will be made by reason of any misunderstanding or error regarding conditions at the service areas or the amount and kind of work to be performed.

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, subsequent to bid opening, shall be allowed by reason of any misunderstanding or error regarding site conditions or work to be performed.

OFFEROR QUALIFICATION

Experience. Offeror must have a minimum number of five (5) consecutive years of experience (immediately prior to bid opening date) as a pest control operator per HRS Chapter 460J and HAR Chapter 49. 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 valid State of Hawaii Pest Control Operator license per HRS Chapter 460J and HAR Chapter 49, and the required business and tax licenses in order to conduct business in the State of Hawaii.

Both the Pest Control Operator’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. Offeror shall provide information on the Offer Form A.

The DAGS/CSD may request Offeror to submit a valid copy of the Pest Control Operator’s license, within ten (10) working days or earlier from the date the request is made.

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Offeror shall provide the license number on the Offer Form A. Award will not be made to any Offeror failing to meet this qualification requirement.

Office/Services Facility Location. Offeror shall have a permanent office and service facility on the island of Oahu from which to conduct business. An answering service is acceptable provided a response is made within twenty-four (24) hours of the initial call.

Offeror shall provide the information on the Offer Form A.

Award will not be made to any Offeror failing to meet ALL of the above qualifications.

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.

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Price. Installation, maintenance, and inspection of exterior bait stations shall include all costs for bait stations, labor costs, monthly written reports, written site-specific recommendations, applicable taxes (including the current Hawaii General Excise Tax) and any other expenses incurred for exterior bait stations as specified herein.

Installation cost shall be included in the monthly maintenance and service cost.

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 HIePRO, by which the Offeror certifies that services are required.

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.

SUBMISSION 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:

Offer Form A Offer Form B Valid State of Hawaii Pest Control Operator license Wage Certificate W-9 Request for Taxpayer Identification

These document(s) must be submitted electronically, as an attachment, through 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 referenced forms to be considered for award. Failure to do so shall result in rejection of the entire Bid.

http://hiepro.hawaii.gov/

SPECIAL PROVISIONS SP-5 CSD-26-010-O

If they 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©:

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:

Hawaii Information Consortium, LLC Phone

no. 695-4620 or 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. VENDOR COMPLIANCE – PAPER DOCUMENTS: Vendors not utilizing HCE shall provide paper certificates that must be valid at the time of award. All applications for applicable http://vendors.ehawaii.gov/ mailto:info@ehawaii.gov

SPECIAL PROVISIONS SP-6 CSD-26-010-O

clearances are the responsibility of the vendor, who must be compliant pursuant to HRS§103D-310(c) with the chapters 1) Chapter 237, General Excise Tax Laws; 2) Chapter 382, 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. Upon receipt of compliance paper documents (A-6, LIR#27, COGS), the purchasing agency reserves the right to verify their validity with the respective issuing agency.

Offerors are advised that the following paper compliance documents will be accepted and are valid for six (6) months from document date. It is the responsibility of the offeror to submit its updated paper compliance documents before the expiration date should the project completion date extend beyond the six (6) months from document date:

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 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 compliance status.

AWARD OF CONTRACT

Method of Award. Award, if made, shall be made to the lowest responsive responsible bidder and based on criteria set forth in IFB. The solicitation may require the submission of samples, descriptive literature, technical date, or other material to verify product acceptability. HAR 3- 122-33.

In the event all bids exceed available funds, the HOPA may under certain conditions (time or economic considerations) negotiate with the lowest responsible, responsive bidder to reduce the scope of work to bring the bid within the available funds. §103D-302(h)

The quantities of bait stations shown in parenthesis ( ) on Offer Form B, are estimates only. No guarantee to purchase/maintain the estimated amount of bait stations is intended or implied. The DAGS/CSD reserves the right to increase or decrease the number of bait stations at the calculated unit price. Unit price shall be calculated by

SPECIAL PROVISIONS SP-7 CSD-26-010-O

dividing the total price by the estimated number of bait stations for that building. The final amount of bait stations deployed at each facility shall be communicated to the Contract Administrator.

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 within ten (10) working days or earlier from the date the request is made. 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.

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

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.

EXECUTION OF CONTRACT

The State shall send a formal contract to the successful Offeror for execution. The contract shall be signed by the successful Offeror and returned to the State within ten

(10) working days after receipt by the Offeror.

If the option(s) to extend is mutually agreed upon, Contractor shall be required to execute a supplement to the contract.

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 damage whatsoever incurred by the Contractor prior to the official commencement date.

SPECIAL PROVISIONS SP-8 CSD-26-010-O

INVOICING

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

Department of Accounting and General Services Central Services Division 729 Kakoi Street Honolulu, Hawaii 96819 Attn: Mr. Gerald Shioji

EXTRA WORK

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.

Extra work may include, but not be limited to, the installation and monitoring of spring traps, cage traps, and glue traps as may be necessary. Extra work may include pest control for roaches, ants, centipedes, wasps, mosquitoes, spot termite treatment, other pests, and bee removal at various locations. Written reports of each service shall include summary of service/treatment, chemicals used, and pest activity observed before and after service/treatment. The Contractor must have the proper licenses and certifications to perform the pest control extra work when ordered.

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

For authorized extra work, not covered by the contract, but approved by the Contract Administrator (CA), a separate detailed invoice is required. The invoice shall contain date or work, description of work performed, location of work, listed of parts and materials used or attached copies of invoices of parts and materials purchased. Any extra work will be paid for outside of this contract either by a purchase order or a purchasing card.

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.

SPECIAL PROVISIONS SP-9 CSD-26-010-O

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.

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 and every 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.

WAGES, HOURS, AND WORKING CONDITIONS OF EMPLOYESS OF

CONTRACTOR PERFORMING

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 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 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 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 cancellation of the contract.

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

SPECIAL PROVISIONS SP-10 CSD-26-010-O

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

Wage Certificate. The Offeror shall complete and submit a Wage Certificate, as a attachment on HIePRO, by which the Offeror certifies that services required will be performed pursuant to Section 103-55, HRS.

The Wage Certificate must be submitted as an attachment on HIePRO. SERVICE

REQUIREMENTS AND CONTRACT MODIFICATIONS

It is understood and agreed that in addition to the buildings listed herein, Contractor shall be required to furnish additional rodent control services (exterior and/or interior) specified herein to any new buildings or any building not initially listed in this IFB and to provide additional rodent control services (exterior and/or interior) to existing buildings, when such rodent control services (exterior and/or interior) are required. Contractor will be notified of such requirements by a contract modification issued by the State.

For new buildings and any buildings not listed in this IFB, Contractor shall furnish a proposal to the State listing the quantities of bait boxes for exterior of buildings, spring traps, cage traps and glue traps for interior of buildings to be installed and monthly cost for maintenance and monitoring. Installation cost shall be included in the monthly maintenance and service cost. Any adjustments will be made through a contract modification.

For Existing buildings requiring additional bait boxes for exterior of buildings, spring traps, cage traps and glue traps for interior of buildings the Contractor will furnish a proposal to the State listing the quantities of bait boxes stations, spring traps, cage traps and glue and any additional monthly cost for maintenance and monitoring. Any adjustments will be made through a contract modification.

The State reserves the right to add or delete buildings, increase or decrease any exterior and interior maintenance and monitoring services required and increase or decrease the amount of bait boxes, spring traps, cage traps and glue traps to the contract.

Installation cost shall be included in the monthly maintenance and service cost. Any adjustments will be made through a contract modification.

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-11 CSD-26-010-O

Worker’s Compensation – The Contractor shall obtain worker’s compensation insurance for all persons whom they employ in carrying out he 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 his 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.

Coverage Limits

Commercial General Liability $1,000,000 combined single (occurrence form) limit per occurrence for bodily injury and property damage $2,000,000 aggregate per occurrence

Automobile Liability Insurance $1,000,0000 combined single limit per occurrence

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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."

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 or earlier 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 copies of all required insurance policies, including endorsements effecting the coverage required at any time.

The Contractor will immediately provide written notice to the Department State of Hawaii, Department of Accounting and General Services, Central Services Division, Purchasing Office, 729 Kakoi Street, Honolulu, Hawaii 96819 should any of the insurance policies evidence 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.

SPECIAL PROVISIONS SP-13 CSD-26-010-O

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.

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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

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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 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.

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.

http://www.hawaii.gov/spo