SLED Opportunity · HAWAII · COUNTY OF HAWAII
AI Summary
County of Hawai'i seeks bids for a Price Term Agreement to supply kennel technician uniforms for the Animal Control and Protection Agency. The contract includes women's and men's scrub tops and pants, with delivery within 30 days of order. Bids due March 30, 2026, via the OpenGov Procurement System.
Notice is hereby given that the County of Hawai'i is requesting bids for PRICE TERM AGREEMENT FOR ANIMAL CONTROL AND PROTECTION AGENCY KENNEL TECHNICIAN UNIFORMS FOR THE COUNTY OF HAWAI’I. Bids are due no later than 2:00 pm on Monday, March 30, 2026. Bids must be submitted through the Procurement Portal at https://procurement.opengov.com/portal/hawaiicounty.
All offers or proposals shall be submitted through the OpenGov Procurement System, and the Signature Page for the offer or proposal shall be signed by the bidder or proposer and shall include its business address and telephone number. The County of Hawai‘i will not be responsible in any way for any errors in the bidder’s or proposer’s transmission or failure to receive the bid or proposal by the deadline. If applicable, any exhibits attached to the County of Hawai‘i’s General Terms and Conditions for Goods and Services, dated May 10, 2023, that require the bidder or proposer to complete and/or sign shall be returned to the County at the time of bid or proposal submission to the County.
| Release Project Date: | March 17, 2026 |
| Question Submission Deadline: | March 23, 2026, 4:30pm |
| Bid Submission Deadline: | March 30, 2026, 2:00pm |
| Execute Contract*: | On date of Notice to Proceed |
Animal Control and Protection Agency (ACPA) Kennel Technician Uniforms
ITEMS:
Item 1: ACPA Kennel Technician Uniform - Women’s Scrub Top - Short Sleeve, as specified.
Item 2: ACPA Kennel Technician Uniform - Women’s Scrub Pant, as specified.
Item 3: ACPA Kennel Technician Uniform - Men's Scrub Top - Short Sleeve, as specified.
Item 4: ACPA Kennel Technician Uniform - Men's Scrub Pant, as specified.
The General Terms and Conditions for Goods and Services for the County (referred to as the “general terms and conditions”), incorporated by reference in the solicitation document and the awarded contract, represent the County’s policy and legal requirements relating to contracts as authorized by Hawai‘i Revised Statutes (“HRS”), Chapter 103D, as amended, and its promulgated rules under Hawai‘i Administrative Rules (“HAR”), Title 3, Department of Accounting and General Services (referred to as the “Procurement Code”), as amended.
References to HAR provisions in these general terms and conditions are included for convenience only and may not be complete. Should any contractual term herein be inconsistent with the Procurement Code, the Procurement Code shall govern.
Before submitting a bid or a proposal, the offeror shall be responsible for reading and examining the solicitation and/or proposal documents, including any offer pages, scope of work, special provisions, exhibits, these general terms and conditions, addenda (if any), and any other sections or documents attached hereto, and all applicable requirements by law. Submission of an offer shall be deemed verification of such reading and examination.
No offeror shall, in any way, be relieved of any obligation with respect to its offer or the contract due to its failure or neglect to secure, receive, examine, familiarize itself with, acquaint itself with, or understand the work requirements, the solicitation and/or proposal documents, or any addenda hereto, applicable standards or requirements, or existing conditions, difficulties, restrictions or obstacles. No claim for additional compensation to the offeror shall be allowed based on lack of knowledge or misunderstanding.
This section incorporates the definitions not listed herein and are contained in §103D, HRS, as amended and Title 3, Department of Accounting & General Services, Subtitle 11, Procurement Policy Board, Chapters 120 through 131, HAR, as amended. Terms as used in these general terms and conditions, unless the context requires otherwise, shall have the following meaning:
ADDENDUM/ADDENDA
A written document issued during the solicitation period involving changes to the solicitation documents, which shall be considered and made a part of the solicitation documents and resulting contract.
AMENDMENT
Amendment shall have the same meaning as “contract modification” or “modification” as hereafter defined.
AWARD
The notification of the County’s acceptance of a bid or proposal, or the presentation of a contract to the selected offeror.
BEST VALUE
The most advantageous offer determined by evaluating and comparing all relevant criteria in addition to price so that the offer meeting the overall combination that best serves the County is selected. These criteria may include, but is not limited to, the total cost of ownership, performance history of the offeror, quality of goods, services, or
construction, delivery, and proposed technical performance.
BID
The executed document submitted by a bidder in response to an invitation for bids, or a multi-step bidding procedure.
BIDDER
Any individual, partnership, firm, corporation, joint venture, or other legal entity submitting, directly or through a duly authorized representative or agent, a bid for the good, service, or construction contemplated.
BID OR PROPOSAL FORM
The prescribed form or format which an offeror uses to submit his offer.
BID OR PROPOSAL GUARANTY OR SECURITY
Bid guaranty, bid security, proposal guaranty, or proposal security means the security when required, furnished by an offeror with his offer to ensure that the offeror will enter into the contract with the County and execute the required contract and payment bonds covering the work contemplated, if his offer is accepted.
CHANGE ORDER
A written order signed by the procurement officer, directing the contractor to make changes which the changes clause of the contract authorizes the chief procurement officer to order without the consent of the contractor.
CHIEF PROCUREMENT OFFICER
The procurement officer of the County (director of finance) as provided in chapter 103D-203, HRS, as amended, or the officer’s designee.
CONTRACT
The combination of the solicitation and/or proposal, including any instructions to offerors, the specifications, scope of work, the special provisions, and the general terms and conditions; the offer and any best and final offers; and any amendments to the solicitation or to the contract; and any terms implied by law.
CONTRACT BOND
The approved form of security furnished by the contractor and his surety or sureties or by the contractor alone, to ensure completion and satisfactory performance of the contract in accordance with the terms of the contract and to guarantee full payment of all claims for labor, materials and supplies furnished, used or incorporated in the work.
CONTRACT MODIFICATION
Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.
CONTRACTOR
An individual, partnership, firm, corporation, joint venture or other legal entity undertaking the execution of work under the terms of the contract with the County of Hawai‘i, and acting directly or through his, their or its agents, employees or
subcontractors.
COST ANALYSIS
The evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid, and costs to be reimbursed.
COST DATA
Information concerning the actual or estimated cost of labor, material, overhead, and other cost elements which have been actually incurred or which are expected to be incurred by the contractor in performing the contract.
COUNTY OR COUNTY OF HAWAI‘I
All departments of the executive branch and all governmental bodies administratively attached to it; all departments of the legislative branch and all governmental bodies administratively attached to it; and any and all autonomous and semi- autonomous government agencies which may operate under the auspices of the County.
DAYS
Days means calendar days unless otherwise specified.
DESIGNEE
A person appointed by the director of finance or the officer in charge, to act on its behalf with delegated authority.
DIRECTOR
The County of Hawai‘i Director of Finance.
DISCUSSION
The exchange of information to promote understanding of a County’s agency’s requirements and offeror’s proposal and to facilitate arriving at a contract that will be the best value to the County. Discussions are not permissible in competitive sealed bidding, except to the extent permissible in the first phase of multi-step sealed bidding to determine the acceptability of technical offers.
GENERAL TERMS AND CONDITIONS
General terms and conditions mean these General Terms and Conditions for Goods and Services, dated May 10, 2023.
GOODS
All property, including but not limited to, equipment, equipment leases, materials, supplies, printing, insurance, and processes, including computer systems and software, but excluding land or a permanent interest in land, leases of real property, and office rentals.
HAR
The Hawai‘i Administrative Rules of the State of Hawai‘i, as amended.
HEAD OF THE PURCHASING AGENCY
The head of any agency with delegated procurement authority by law or from a chief procurement officer of the County to enter into any and administer contracts.
HRS
The Hawai‘i Revised Statutes of the State of Hawai‘i, as amended.
INVITATION FOR BIDS OR IFB
All documents, whether attached or incorporated by reference, utilized for soliciting bids under the competitive sealed bidding source selection method.
LOW TIE BIDS
Bids from responsive, responsible bidders that are identical in price, and which meet all the requirements and criteria set forth in the invitation for bids or IFB.
NOTICE TO PROCEED
The document issued to the contractor designating the official commencement date of the performance under the contract.
OFFER
A bid or proposal as defined herein, in response to any solicitation.
OFFEROR
Offeror means (1) any individual, partnership, firm, corporation, joint venture or other legal entity submitting, directly or through a duly authorized representative or agent, an offer for the work or services contemplated in response to a solicitation; or (2) the contractor in a negotiated contract.
OFFICER IN CHARGE
The person responsible, or delegated designee, for carrying out the provisions of the contract and advising the director on contractual matters.
OPENING
The date set for the opening of bids, receipt of unpriced technical offers in multi-step sealed bidding, or receipt of proposals in competitive sealed proposals.
OVERHEAD
Continuous or general costs occurring in the normal course of business, including but not limited to, the costs for labor, rent, taxes, royalties, interest, discounts paid, insurance, bonds, lighting, heating, cooling, accounting, legal fees, equipment and facilities, telephone systems, depreciation, and amortization.
PERSON
Individuals, partnerships, corporation, associations, or public or private organizations or any character other than a governmental body.
PRICE ANALYSIS
The evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.
PRICE DATA
Factual information concerning prices, including profit, for goods, services, or construction substantially similar to those being procured. In this definition, “prices” refers to offered or proposed selling prices, historical selling prices, and current selling prices of such items. This definition refers to data relevant to both the general contractor and subcontract prices.
PRIORITY-LISTED OFFERORS
Three or more responsive and responsible offerors who have submitted the highest ranked proposals.
PROCUREMENT
Buying, purchasing, renting, leasing, or otherwise acquiring any good, service, or construction. The term also includes all functions that pertain to the obtaining of any good, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration.
PROCUREMENT OFFICER
The person with procurement delegation duly authorized to enter into and administer contracts and make written determinations with respect to the contract. The term includes an authorized representative acting within the limits of authority. The delegated authority is received from the chief procurement officer directly or through the head of a purchasing agency or designee to the procurement officer.
PROPOSAL
The executed document submitted by an in response to a request for proposals.
OPENGOV PROCUREMENT SYSTEM
The County’s electronic procurement system.
PURCHASING AGENCY
Purchasing agency means any governmental body which is authorized by the HRS or HAR, or by way of delegation, to enter into contracts for the procurement of goods, services, or construction.
REQUEST FOR PROPOSALS OR RFP
All documents, whether attached or incorporated by reference, utilized for soliciting proposals under the competitive sealed proposal source selection method.
RESPONSIBLE BIDDER OR OFFEROR
A person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
RESPONSIVE BIDDER OR OFFEROR
A person who has submitted an offer which conforms in all material respects to the IFB or RFP.
SERVICES
The furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance.
SOLICITATION
An invitation for bids (IFB), used in the competitive sealed bidding process, or a request for proposals (RFP), used in the competitive sealed proposal process, or a request for quotations, or any other document issued by the County for the purpose of soliciting bids or proposals to perform a County contract.
SPECIAL PROVISIONS
The terms and conditions pertaining to the specific solicitation in which they are contained; including but not limited to terms and conditions describing the preparation of solicitations, evaluation of offers, determination of award, plus those applicable to performance by the contractor.
Additions or revisions to the general terms and conditions, which shall be considered a part of the general terms and conditions, setting forth conditions or requirements applicable to the particular project or contract under consideration shall be included in the special provisions. Should any special provisions conflict with these general terms and conditions, said special provisions shall govern.
SPECIFICATIONS
Any description of the physical or functional characteristics, or of the nature of a good, service, or construction item. The term includes descriptions or any requirement for inspecting, testing, or preparing a good, service, or construction item for delivery.
STATE
The State of Hawai‘i.
SUBCONTRACTOR
Any person who enters into an agreement with the contractor to perform a portion of the work for the contractor.
SURETY
The individual, firm, partnership, or corporation other than the contractor, which executes a bond with and for the contractor to ensure the contractor’s acceptable performance of the contract.
WARRANTY
A written statement that promises the good condition of a product and states that the maker is responsible for repairing or replacing the product for a certain period of time after its purchase.
WORK
The furnishing by the contractor of all labor, services, materials, equipment, and other incidentals necessary for the satisfactory performance of the contract.
WORKING DAY
Any day on the calendar, exclusive of State holidays, Saturdays, and Sundays. Unless another meaning is intended, “working days” shall mean consecutive working days.
Prospective Offerors may be furnished with solicitation forms which may include but not be limited to a statement of work, the location, description and the contract time of the contemplated work, the various quantities being requested, estimated and/or firm, and items of work to be performed or materials to be furnished, along with a schedule of items for which unit prices and/or lump sum prices are asked, depending on the type of solicitation, e.g. invitation for bids or request for proposals.
The General Terms and Conditions, Proposal, Specifications, Special Provisions and other documents referenced in or attached to the Solicitation shall be considered a part of the offer whether attached to the Solicitation or not at the time of its submission. Such documents shall not be altered in any way when the proposal is submitted, and any alterations so made by the Offeror may be cause for rejection of the offer.
Whenever an article, product, or equipment is specified by the manufacturer, number, brand, or trade name, it is understood that the words “or equal” follow thereafter. The burden of proof of equality shall be on the bidder or proposer, and the decision of the Director of Finance shall be final.
This bid is a Price Term Agreement for a one (1) year period beginning on the date of Notice to Proceed, and ending April 30, 2027 (Initial Year), with four (4) additional one-year Option Years available at the sole discretion of the County, at the unit prices indicated within this bid. The County reserves the right to cancel any items at any time during the contract term without penalty.
The Option Years are defined as follows:
Option Year 1: May 1, 2027 – April 30, 2028
Option Year 2: May 1, 2028 – April 30, 2029
Option Year 4: May 1, 2030 – April 30, 2031
Bidders are required to submit pricing for the Initial Year, however bidders need not bid on all items. Submission of pricing for the Option Years is encouraged to continue services; however, it is not mandatory for a bid to be deemed responsive. Bidders electing not to submit pricing for an Option Year must clearly indicate “No Bid” for that period in the pricing table. Failure to provide pricing for the Initial Year will render the bid non-responsive.
Unless otherwise stated in the Special Provisions, the following additional insurance coverage(s) for cybersecurity insurance and certificate shall be required to cover the work contemplated in this IFB. The County of Hawai‘i and its officers and employees shall be named as “Additional Insured”. The Contractor is required to notify the County at least thirty (30) calendar days prior to the Contractor seeking to modify or cancel any of the insurance policies required by the Contract. The Contractor shall notify the County immediately of any modification or cancellation of any required insurance policy that is initiated by the insurance carrier.
Cybersecurity Insurance Requirements:
2.1 ORDER OF PRECEDENCE; CONFLICTING PROVISIONS
(a) The terms and conditions stated in the solicitation shall not apply to any transaction if the provisions conflict with any federal laws or if it shall prevent the County from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement.
(b) The special provisions, specifications, these general terms and conditions, contract documents, and all supplemental documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. Each document is intended to be complementary and describe and provide for the
complete work. In case of conflict or discrepancy within any part of the contract, the stricter requirements, including State statutory requirements, shall govern. Unless it is apparent that a different order of precedence is intended, the following is the precedence list with one (i) taking precedence over two (ii), two (ii) taking precedence over three (iii), etc.:
(1) Contract
(2) Special Provisions
(3) General Terms and Conditions
(4) Specifications
2.2 SOLICITATION FORMS
Prospective offerors may be furnished with solicitation forms, which may include, but is not limited to, a statement of work, the location, description and the contract time of the contemplated work, the various quantities being requested, estimated and/or firm, and items of work to be performed or materials to be furnished, along with a schedule of items for which unit prices and/or lump sum prices are asked, depending on the type of solicitation, e.g. invitation for bids or request for proposals.
These general terms and conditions, specifications, special provisions and other documents referenced in or attached to the solicitation shall be considered a part of the offer whether attached to the solicitation or not at the time of its submission. Such documents shall not be altered in any way when the proposal is submitted, and any alterations so made by the offeror may be cause for rejection of the offer.
2.3 COUNTY’S ESTIMATES
Any estimate provided by the County is for the convenience of the offeror only, and the County does not represent or warrant its accuracy. An offeror should conduct its own review and analysis and not base its offer on the County’s estimate.
2.4 PRE-BID OR PRE-PROPOSAL CONFERENCE
Pre-bid or pre-proposal conference, if held, shall be announced in the solicitation document, or in an addendum. Unless specified otherwise in the solicitation, pre-offer conferences shall be nonmandatory. Nothing stated at the pre-offer conference shall change the solicitation unless a change is made by written addendum.
2.5 PRICE ITEMS
(a) Unless otherwise specified in the solicitation document, offerors must provide a price for all items listed in the solicitation document.
(b) In figuring the offer price, offerors shall take into consideration the cost of all freight and delivery charges, insurance, taxes, permits, and other applicable or related costs/fees, unless specified otherwise.
(c) The cost of furnishing and installing all equipment as called for in the specifications, including warranty repairs of the complete unit shall be included. Whenever installation is specified, installation shall include all necessary labor, materials and other incidentals required to make a complete operative unit. When an offeror is in doubt as to the proper item to which the anticipated cost of any incidental item is to be allocated, the cost in the lump sum or unit price for the items that is deemed most appropriate shall be included.
(d) When alternates are provided for in the solicitation, offerors should enter a price for each and every item listed setting forth the amount to be added to, or deducted from, the offeror's total basic price should such alternate be incorporated into the contract. Failure to enter a price for each and every item may result in the offeror’s offer not being considered for award, provided that if award is based on the item or items on which offers have been submitted, the offeror's offer may be considered for award.
(e) Whenever required herein, offeror shall indicate the exact brand name and number, or make and model of the item on which they are bidding. Failure to do so may be sufficient cause for rejection of bid.
(f) In submitting an offer, the offeror certifies that the price submitted was independently arrived at without collusion.
(g) Offers in which prices are unbalanced, which contain omissions, erasures, alterations, or additions not called for, or irregularities of any kind shall be cause for rejection of an offer.
(h) Prices shall remain valid for sixty (60) days after the established bid submission deadline.
2.6 BRAND NAMES, MODEL, MAKE, OR METHOD
(a) Whenever one or more manufacturers' brand or trade name is specified, an offeror shall base the offer on one of the specified brands. However, other manufacturers' brands may also qualify if found to be equal to or better than those specified.
(b) The burden of proof as to whether an alternate item is equal to or superior to the item specified shall lie with the offeror. The offeror understands and agrees that the Officer in Charge reserves the sole and final right to determine whether alternate brands are equivalent to and meet indicated standards of quality.
2.7 NO SUBSTITUTES ON RESTRICTIVE SPECIFICATIONS
Whenever the specifications restrict offers to only a specific manufacturer’s make or model, offers for other products will not be accepted.
2.8 REQUESTS FOR CLARIFICATION
(a) Unless otherwise specified in the solicitation or special provisions, any prospectiveofferor should examine and review the solicitation document with care. If a
prospective offeror believes that any of the matters in, or related to, the solicitation are not sufficiently described or explained in the solicitation, or that any discrepancy
exists between different parts of the solicitation, or that the full intent of the solicitation is not clear, then the offeror shall submit a written request via the
County’s OpenGov Procurement System for clarification no later than five (5) days prior to the submittal deadline stated in the solicitation document.
(b) The offeror submitting the inquiry shall be responsible for proper transmission. If additional information is deemed necessary, such information will be issued in an
addendum by the head of the purchasing agency. The addendum will be issued via OpenGov Procurement System (provided the solicitation or special provisions specifies that
the procurement is an electronic procurement via OpenGov Procurement System) to all persons who have properly registered and obtained the solicitation. If the solicitation
or special provisions state that the procurement is via means other than through the OpenGov Procurement System, any addendum shall be issued and provided in accordance
with the solicitation and/or special provisions. All addenda issued shall be made a part of the contract.
(c) If the solicitation is a RFP and, during discussions with priority-listed offerors, there is a need for any substantial clarification or change in the RFP, the RFP shall be
amended by an addendum to incorporate the clarification or change. All addenda to the RFP shall be distributed only to priority-listed offerors.
2.9 SOLICITATION ADDENDA
(a) All addenda issued shall be a part of the contract. Oral interpretations, clarifications, changes, or approved substitutions will be without legal effect. Only interpretations,
clarifications, changes, or approved substitutions provided by formal written addenda to the solicitation shall be binding and have legal effect. Notifications of addenda will
be issued to all registered vendors under the OpenGov Procurement System. If the solicitation or special provisions state that the procurement is via means other than
through the OpenGov Procurement System, any addendum shall be issued and provided in accordance with the solicitation and/or special provisions. If the solicitation is a RFP,
notifications will be sent to those offerors who submitted proposals or who are “priority listed.”
(b) Should an addendum modify the description and/or quantifies of a price item, it shall be the responsibility of the offeror to modify or withdraw its submitted offer, if
necessary.
2.10 CANCELLATION OF SOLICITATION
A solicitation may be canceled in whole or in part and at any time during the solicitation process for reasons specified in, but not limited to, §3-122-96, HAR, as amended.
All offers shall be electronically submitted via the OpenGov Procurement System, in accordance with the requirements of this Solicitation. Offers transmitted via any other means other than as specified in the solicitation shall be deemed unacceptable and shall be rejected. Offers that cannot transmit successfully as a result of system failure on the County’s behalf shall be addressed via the issuance of an appropriate addendum.
1. General Specifications and Quality Standards
2. Contractor's Responsibility
Liability of the Contractor
The liability of the Contractor shall not cease when acceptance is made of services, goods or materials covered by the contract, but shall continue as provided by the terms of the contract and by law. In addition, the Contractor shall hold the County of Hawaii and all its officers, agents and employees harmless against any and all claims arising out of, or occasioned by, any acts or omissions of the Contractor, its officers, agents or employees, pursuant to the contract and from any and all claims arising out of or occasioned by, any damaged or defective materials or goods.
Any errors or costs involved in the initial judgment to select the uniform type and correction of the situation shall be the responsibility of the vendor, at no additional cost to the County of Hawaii.
To expedite the general fitting process, the Contractor shall have a complete set of all sizes for the various groups of uniform, or at a minimum, the most general sizes in each garment type to be provided. For Contractors not based in Hawaii County, a full set of sizing uniforms shall be provided to the Animal Control & Protection Agency administration personnel for sizing of personnel in house at no cost.
Upon award the contractor shall provide one printed sample at no cost, to confirm the color of the shirt, as well as color and placement of printing.
The Contractor shall, within thirty (30) calendar days from the time an order is finalized, have the completed uniform item(s) delivered or shipped to:
Animal Control & Protection Agency
25 Aupuni St. Suite 1008
Hilo Hawaii 96720.
Unless specified by an authorized County personnel to expedite or delay work request items or services.
The garment shall not have incomplete sewn hems or loose threads.
Stitching must be of proper tension and size and maintained throughout the garment to eliminate loose stitching, which may result in unraveling or seam failure. Tight stitching, which may result in bunching or gathering, shall also be eliminated.
The material quality, construction, and appearance shall be without flaws and maintained consistent with each garment.
All silk screening shall be done professionally and shall utilize the highest quality and best industrial practices when producing and screening the garments specified. Any screening that is crooked, has blurry designs, is not visually centered or artistically pleasing, is of poor quality, or has any type of misprint shall be rejected. Any returns due to these issues shall be incurred by the vendor with replacement of defective garment or full refund.
Should additional demands be made of the vendor or a service is requested that does not appear to be covered under this contract, the Contractor shall contact the authorized Animal Control & Protection Agency personnel for approval before proceeding with the request.
The Contractor shall charge the individual requesting these additional services this preapproved amount.
All garments and other items being offered shall meet or exceed when applicable all NFPA and ASTM requirements for the intended use of the garments being offered. The County of Hawaii reserves the right to request proof of compliance prior to award. Failure to provide proof of compliance shall be grounds for rejection of the bid.
Multiple Size Restriction: The Vendor shall not sell or issue multiple sizes of the same item number to a single employee without prior written approval from the Animal Control & Protection Agency Administration. Any exceptions will be reviewed on a case-by-case basis.
3. Warranty, Quality Assurance, and General Contract Requirements
Guarantees/Warranty:
All guarantees, warranties and stipulations for each make and model of garment being provide shall be documented in writing from the manufacturer and certified by the Contractor, unless otherwise approved by the County of Hawaii.
The Contractor shall guarantee that if bidding on other than an approved make and model, each item deemed an equivalent, shall have a warranty or guarantee that is equal to or better than the terms and conditions listed below, at no additional cost to the County of Hawaii.
If the manufacturer's standard warranty or guarantee for the item does not reflect the requirements of this bid, the Contractor shall be responsible to get all written assurances from the respective manufacturer(s) for the garment(s) to cover these guarantee/warranty requirements as specified, for approval by the Animal Control & Protection Agency and Hawaii County. The guarantee/warranty time frame shall commence following the final acceptance of the completed uniform piece.
All costs and arrangements connected therein to honor the guarantee/warranty including making all arrangements to provide all necessary personnel, equipment and transportation needed to pack any defective or rejected items to be sent to the Contractor or manufacturer as needed, the return of any repaired or replacement items back to the agency and any shipping costs as necessary for this coverage shall be the responsibility of the Contractor. The manufacturer's warranty as specified herein and all costs affiliated to honor the warranty, shall be the responsibility of the Contractor and include, but not be limited to, all long-distance telephone and other communication charges and any additional shipping and return costs. Except for the exclusions as listed herein below, the following guarantee/warranty shall apply:
The Contractor shall be responsible to ensure that the components of each garment provided shall be free of defects in material and workmanship. Defects shall include but not be limited to: fading, fraying, unraveling of stitching, detaching of patches or buttons. During the warranty period, commencing on the date of the original delivery and final acceptance, the Contractor shall furnish the exchange or replacement of any defective item and the labor required thereof, free of charge. This manufacturer's warranty shall be for a minimum of one year.
All warranties listed herein shall still apply after any and all vendor alterations.
The Contractor shall provide both male and female cut scrub top and scrub pant as part of this contract.
Exclusions:
Warranty and guarantee coverage shall not apply to:
Damage, exchanges, or replacements necessitated by negligence, abuse, or accidental damage caused by or attributed to County personnel.
Damage caused by theft, vandalism, fire, flood, or acts of God.
Defective or Rejected Items:
No item or service that is defective, damaged, or does not meet the requirements of this contract shall be deemed accepted due to the failure of County personnel to identify such defects at the time of delivery. No payment, whether partial or final, shall constitute acceptance of defective items or services.
The County of Hawaii reserves the right to reject any item or service that does not conform to the specifications herein. The Contractor shall promptly reclaim and remove any rejected item and shall replace or correct such items or services immediately and at no cost to the County of Hawaii.
Condition of the Items to be Provided and Quality of Workmanship:
All items being offered shall be new and unused (no display, demonstration, refurbished, previously laundered or sample models), of good quality, neatly and professionally sewn and produced, preferably in the United States. Each item to be provided shall be free from defects in material and workmanship. All workmanship shall be of the highest caliber, performed in accordance with the best standard industrial practice used in the manufacture of similar uniforms or items. The sewing must have clean, even stitching as per manufacturer's specifications. The garments being provided shall have sturdily sewn buttons and snaps, clean patch attachments and without loose threads for a neat, crisp uniform appearance.
The finished uniforms must be inspected by the Contractor and deemed to meet the requirements as stated herein for a professional, neatly sewn product, before the final pickup and acceptance by the ordering County personnel. The appearance of the items being provided and the packing of the garments must meet the standards as described in the requirements herein, when making distribution of the order.
Trademark, Copyright, and Patent Designation:
Whenever a brand or manufacturer's name or designation appears in connection with the specified item, such name or designation indicates the type of application and the standard of quality desired and the reference shall be in compliance to applicable trademark, copyright or patent laws.
Also, the manufacturer, the manufacturer's authorized dealer or distributor shall fully indemnify the County of Hawaii against all actions, claims, demands, costs, charges and expenses arising from or incurred by reason of any infringement of letters patent or copyright protected in the U.S. in which the work is to be carried out by the use of any articles, equipment or material supplied by the manufacturer.
Lost or Damaged Items:
In the event of any loss of an item or irreparable damage is attributed to the negligence of the Contractor while performing additional services for items already purchased by the ordering County employee, such loss or damage shall be reconciled by the Contractor to the satisfaction of the individual and subject to the final approval of the authorized County representatives.
Discontinues or Obsolete Items:
If any item, make and model or part number listed in the specifications is discontinued or made obsolete by the manufacturer, it is the Contractor's responsibility to provide, in a timely manner the current make and model number or offer an equal substitution for the item subject to the Director of Budget and Fiscal Services approval.
Prior to, and for the period of the contract, the Contractor shall be responsible for notifying the County of Hawaii, of any changes to, or any discrepancy in the items being offered, such as discontinuation of a make and model, fabric or specification change immediately to the authorized County personnel - the Animal Control & Protection Agency administration. Failure to do so may be cause for the termination on the contract.
Estimated Quantities:
All quantities specified are estimates only and do not constitute a purchase commitment. The County of Hawaii reserves the right to order more or fewer quantities as needed, with unit pricing remaining unchanged.
Failure by the County of Hawaii to order estimated quantities shall not constitute grounds for equitable adjustment by the Contractor.
Additions or Deletions of Items:
The County of Hawaii reserves the right to delete any item during the contract period without entitlement to equitable adjustment for lost profits.
If additional sizes, styles, or services are required, the County may negotiate pricing and terms with the Contractor. Any additions or deletions shall be executed by formal contract amendment.
Bid or proposal price quotation shall be F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED, AND INCLUSIVE OF ALL APPLICABLE TAXES, INCLUDING HAWAI‘I GENERAL EXCISE TAX AND USE TAXES. It is understood and agreed that the goods and/or services to be furnished are for the exclusive use of the County of Hawai‘i and are therefore exempt from Federal Excise Taxes and that the net bid price excludes such Federal Excise Tax. Please note that, effective January 1, 2020, the maximum General Excise tax rate that may be charged of the County of Hawai‘i is 4.7120%. The County of Hawai‘i is exempt from the City and County of Honolulu, 0.5% General Excise Tax Surcharge.
Any estimate provided by the County is for the convenience of the Offeror only, and the County does not represent or warrant its accuracy. An Offeror should conduct its own review and analysis and not base its offer on the County’s estimate, unless otherwise specified.
The County of Hawai‘i reserves the right to delete, decrease or increase any individual item (or items) if required to do so in relation to funds available. The County also reserves the right to negotiate with low bidders for additional units with slightly different configurations and/or accessories.
3.1 COMPETENCY OF OFFEROR
(a) Prospective offerors must be capable of performing the work for which offers are being called.
(b) 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 his ability to furnish satisfactorily the goods or services being solicited by the County. 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
may be considered a non-responsible offeror.
(c) The purchasing agency reserves the right to visit an offeror's place of business to inspect his facilities and equipment and to observe his methods of operation in order
to facilitate evaluation of performance capabilities.
3.2 BROCHURES, SPECIFICATIONS, AND QUESTIONNAIRES
(a) Whenever a questionnaire is attached to the solicitation document, offerors shall complete and submit such questionnaire with their offer. Supporting specifications
and brochures may be submitted wherein available.
(b) The director reserves the right to request offerors to provide, at their own expense and within ten (10) days from the date of the request, all specifications and
brochures regarding the item or items offered. Failure to comply with the County's request within the time specified shall be sufficient cause for rejection of the offer.
(c) Whenever the preparation and submission of a questionnaire is required, all specifications and brochures submitted by the offeror shall be properly annotated
identifying all applicable data on the item(s) being offered and shall fully substantiate the information requested in the questionnaire. In the event the information
requested in the questionnaire cannot be substantiated by the manufacturer's specifications and brochures, the manufacturer shall certify in writing that the item(s)
will be manufactured in accordance with the solicitation questionnaire and manufacturer's specifications.
In answering the respective questions, offerors are warned that a response of "as specified" may not be acceptable and may also be cause for rejection of the offer.
Accordingly, offerors are directed to avoid using phrases similar or comparable to "as
specified" when answering the questionnaire.
3.3 PREPARATION OF OFFER
(a) Proposals submitted in response to a RFP shall be in the format prescribed by the RFP.
(b) The bids submitted in response to a IFB must be prepared in full accordance with the instructions and forms, if any, given by the purchasing agency.
(c) Where the IFB involves the furnishing and delivery of goods, the price shall include the cost of delivery to the specified destination, at which point acceptance of said
goods will be made by authorized personnel. Should special requirements involving additional costs to the vendor be necessary, the requirements will be stated in the
special provisions and offers for the costs therefore shall be governed by the special provisions.
(d) Only one bid in response to an IFB for the same work from an individual, firm, partnership, corporation or joint venture under the same or different name will be
accepted. If more than one bid is offered for the same work, only the lowest priced bid may be considered; all others will be automatically rejected.
(e) Competing subsidiary or jointly-owned companies may submit bids or proposals and these may be accepted for evaluation and award if such companies submit with their proposals a certificate of non-collusion, sworn to before a notary, which acknowledges that the offer is without collusion.
(f) All prices shall include applicable federal, state and local taxes. Any illegible or otherwise unrecognizable price offer shall cause automatic rejection of the offer.
(g) Offers submitted in response to an IFB or RFP shall be signed by (1) the owner of a sole proprietorship, (2) one or more members of a partnership, (3) one or more
members or officers of each firm representing a joint venture, (4) one or more officers of a corporation, or (5) an agent of the offeror duly authorized to submit
offers on the offeror’s behalf.
(h) All costs to prepare and submit an offer shall be at the offeror’s expense. The County will not reimburse any offer costs, or any best and final offer costs incurred
by any offeror, any prospective offeror, or any other person.
3.4 OFFER GUARANTY
Unless required by the special provisions, a bid or proposal security deposit, performance and payment bonds, or any other guaranty is not required on any offer for goods or services.
When required by the special provisions, and unless a different amount is otherwise specified in the special provisions, an acceptable bid or proposal security deposit shall be in an amount equal to at least five percent of the amount offered and shall be limited to:
(a) A bond in a form satisfactory to the County underwritten by a company licensed to issue bonds in this State;
(b) Legal tender; or
(c) A certificate of deposit, share certificate, cashier's check, treasurer's check, teller's check, or official check drawn or a certified check accepted by, a bank, a savings
institution, or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, and payable at sight or unconditionally
assigned to the Director of Finance, County. A Certificate of deposit, share certificate, cashier's check, treasurer's check, teller's check, official check, or certified
check may be utilized only to a maximum of $100,000.00, provided however, if the required security or bond amount totals over $100,000.00, more than one instrument
not exceeding $100,000.00 each and issued by different financial institutions, may be submitted.
If an offer does not comply with the security requirements, the offer shall be rejected as nonresponsive, unless the failure to comply is determined by the chief procurement officer, the head of a purchasing agency, or the designee of such officer to be nonsubstantial pursuant to §3-122-223, HAR, as amended.
3.5 CERTIFICATION OF OFFEROR CONCERNING WAGES, HOURS AND WORKING CONDITIONS OF EMPLOYEES SUPPLYING SERVICES
When the procurement for the goods and/or services are at least $25,000 or more, the offeror is required to submit proper certification pursuant to §§ 103-55 and 103D-328, HRS, as amended. Failure to submit the required certification prior to award may be grounds for disqualification of the offeror’s offer. The certification form shall be used to certify that, if awarded the contract, the offeror will comply with HRS §103-55, relating to wages, hours and working conditions of employees of contractor supplying services.
The certification form further certifies that the services to be performed will be performed under the following conditions:
(a) 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.
(b) Compliance with labor laws. Contractor shall be responsible for and comply with all applicable labor laws of the Federal and State governments, including workers’ compensation, unemployment compensation, payment of wages and safety standards.
3.6 CERTIFICATE OF COST OR PRICING DATA
When an offer in response to a RFP is in excess of $100,000.00, a certificate of cost or pricing data form shall be completed and transmitted with the offeror’s offer. Failure to transmit the required certification may be grounds for disqualification of the offeror’s offer. The certificate of cost or pricing data shall be used to certify that the offeror’s transmitted cost or pricing data is accurate, complete, and current as of the date of the offer.
3.7 PROPRIETARY OR CONFIDENTIAL
Offeror shall clearly label any proprietary information as confidential, and the information shall be readily separable from the offer to facilitate public inspection of the solicitation documents. Any information labeled as confidential will remain confidential to the extent provided by law. Offers submitted to the County shall become the property of the County. Failure to label proprietary information as confidential shall result in the information being available for public inspection.
3.8 OFFER SUBMISSION
(a) Electronic Submission Required When Specified in Solicitation. For solicitations posted and hosted on the OpenGov Procurement System, all offers shall be electronically
submitted via the OpenGov Procurement System, in accordance with the requirements of the solicitation. Offers transmitted via any other means other than as specified in the
solicitation shall be deemed unacceptable and shall be rejected. Offers that cannot transmit successfully as a result of system failure on the County’s behalf shall be
addressed via the issuance of an appropriate addendum.
(b) Non-Electronic Submissions When Specified in Solicitation. The County may choose, in its sole discretion, not to use the OpenGov Procurement System for some solicitations. In the event the County chooses not to use the OpenGov Procurement System, the solicitation and/or special provisions shall specify how offerors shall submit offers. Offers transmitted via any other means other than as specified in the solicitation and/or special provisions shall be deemed unacceptable and shall be rejected.
3.9 PRE- OPENING MODIFICATION OR WITHDRAWAL OF OFFER
Offers may be modified or withdrawn prior to the deadline for submittal of offers by the following documents:
(a) Withdrawal offers. A written notice received in the office designated in the solicitation; a written notice faxed to the office designated in the solicitation; or an electronic mail (e-mail) received in the office designated in the solicitation prior to the time and date set for opening.
(b) Modification of offers. A written notice accompanying the actual modification received in the office designated in the solicitation, stating that a modification to the bid or
proposal is submitted; or a facsimile or electronic notice accompanying the actual modification submitted either by facsimile machine, electronic mail, or via OpenGov Procurement System to the office designated in the solicitation; provided if other than through the OpenGov Procurement System, offeror submits the actual written notice and
modification within two working days of receipt of the facsimile or the electronic transmittal.
4.1 PUBLIC BID OPENING OF IFB ELECTRONIC SOLICITATIONS AND OTHER NON-ELECTRONIC SOLICITATIONS
(a) For electronic IFB solicitations posted and hosted by the County on the OpenGov Procurement System, all electronic offers shall be received up to the submittal deadline and recorded immediately. Inspection of submitted bids shall not occur until the time and date set for bid opening.
(b) For electronic IFB solicitations posted and hosted by the County on the OpenGov Procurement System, subsection (c)(3) through (8) of this section 4.1 of these GTCs shall apply.
(c) For non-electronic IFB solicitations or solicitations where the County chooses not to use the OpenGov Procurement System, the following provisions shall apply:
(1) Upon its receipt, each bid and modification(s) shall be time-stamped but not opened and shall be stored in a secure place by the chief procurement officer until the time and date set for bid opening. Copies of bids transmitted via facsimile machine, by hardcopy form, or by electronic mail (e-mail) shall not be acceptable, except that bids submitted in hardcopy form may be accepted if (i) it is provided for in the special provision specific to the solicitation; and (ii) the hardcopy form of the bid is received by the chief procurement officer by the time and date set for bid opening.
(2) Bids and modification(s) shall be opened publicly, in the presence of one or more witnesses, at the time, date, and place designated in the solicitation and/or special provisions. The name of each bidder, the bid price(s), and such other information as is deemed appropriate by the chief procurement officer or his designated representative, shall be read aloud or otherwise made available. If practicable, such information shall also be recorded at the time of bid opening; that is, the bids shall be tabulated, or a bid abstract made. The name(s) and address(es) of the required witnesses shall also be recorded at the opening.
(3) The opened bids shall be available for public inspection at the time of bid opening, except to the extent that the bidder designates trade secrets or other proprietary data to be confidential. Bidders shall ensure that material so designated as confidential shall be readily separable from the bid in order to facilitate public inspection of the nonconfidential portion of the bid. Prices and makes and model or catalogue numbers of items offered, deliveries, and terms of payment shall be publicly available at the time of bid opening
regardless of any designation to the contrary.
(4) The procurement officer, or his designated representative, shall examine the bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. If the parties do not agree as to the disclosure of data, the chief procurement officer or his designated representative shall inform the bidders present at the bid opening that the material designated for nondisclosure shall be subject to written determination by the corporation counsel for confidentiality. If the corporation
counsel determines in writing that the material so designated as confidential is subject to disclosure, the bidder submitting the material under review and other bidders who were present at the bid opening shall be so notified in writing and the material shall be open to public inspection unless the bidder protests under §3-126, HAR, as amended.
(5) The bids shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.
(6) When the purchasing agency denies a person access to a County procurement record, the person may appeal the denial to the office of information practices in accordance with §92F- 42(12), HRS, as amended.
(7) The opening and reading of a bid do not imply, indicate, or mean that a bid is responsive and responsible. A complete review and evaluation of all pertinent factors will be conducted by the County after the bids are read and recorded. Accordingly, bidders should not presume that they are entitled to an award until a written award is issued. The successful vendor will be notified via electronic transmission of the letter of award that the vendor is being awarded the contract; provided that if the amount of the award is less than $50,000.00, a purchase order incorporating the terms and conditions herein, may be issued.
(8) Bids shall be unconditionally accepted without alteration or correction, except as allowed in section 4.3 (LATE OFFERS, LATE WITHDRAWALS, AND LATE MODIFICATIONS); section 5.1 (MISTAKES IN IFBS); and section 5.2 (MISTAKES IN RFPS) of these GTCs.
4.2 RECEIPT OF RFPs (ELECTRONIC AND NON-ELECTRONIC SUBMISSIONS)
(a) For electronic RFP solicitations posted and hosted by the County on the OpenGov Procurement System, all electronic offers shall be received up to the submittal deadline and recorded immediately. Proposals and modifications shall not be opened publicly and shall be shown only to members of the evaluation committee. For competitive sealed proposals (or RFP), except for confidential portions, the proposals shall be made available for public inspection upon notice of award.
(b) For non-electronic RFP solicitations, the following provisions shall apply:
(1) Proposals and modifications shall be time-stamped upon receipt and held in a secure place by the chief procurement officer until the established due date. Proposals shall not be opened publicly but shall be opened in the presence of two or more procurement officials. Proposals and modifications shall be shown only to County personnel having legitimate interest in them.
(2) After the date established for receipt of proposals, a register of proposals shall be prepared which shall include for all proposals: the name of each offeror; the number of modifications received, if any; and a description sufficient to identify the good or service item offered. The register of proposals shall be open to public inspection only after award of the contract.
(3) An offeror shall request in writing nondisclosure of designated trade secrets or other proprietary data to be confidential. Offerors shall ensure that such data so designated as confidential shall be readily separable from the proposals in order to facilitate eventual public inspection of the nonconfidential portion of the proposal.
(4) Proposals of the offeror(s) shall be open to public inspection after award of the contract as provided in §3-122-58, HAR, as amended.
4.3 LATE OFFERS, LATE WITHDRAWALS, AND LATE MODIFICATIONS
Any notice of withdrawal, notice of modification of an offer with the actual modification, or any offer received at the place designated for receipt and opening of an offer after the time and date set for receipt and opening of offers is late. A late offer, late modification, or late withdrawal shall not be considered late if received before contract award and would have been timely but for the action or inaction of personnel within the County. A late offer or late modification that will not be considered for award shall be returned to the bidder unopened as soon as practicable and accompanied by a letter from the County stating the reason for its return. A late withdrawal request shall be responded to with a statement of the reason for non-acceptance of the withdrawal.
The County of Hawai‘i reserves the right to delete, decrease or increase any individual item (or items) if required to do so in relation to funds available. The County also reserves the right to negotiate with low bidders for additional units with slightly different configurations and/or accessories. ALL OFFERORS AND/OR CONTRACTORS ARE CAUTIONED THAT THIS IS A PRICE TERM AGREEMENT WITHOUT ANY ESTIMATED QUANTITY, AND, IN FACT, AS FEW AS NONE OF ANY ITEM MAY BE PURCHASED, EVEN IF FORMAL CONTRACTS ARE COMPLETED.
An offer security deposit, performance and payment bond, or any other bid guaranty is required for this IFB. All Offerors are directed to the Special Provisions No. 6 for further detail and requirements.
The completion, installation, or delivery date will be calculated from the official commencement date, which shall be either the date of the “Notice to Proceed” or the date of the Purchase Order.
All equipment or goods procured must be delivered within TBD from the date of the Notice to Proceed. The County of Hawai‘i may reject any bid failing to promise delivery within that time.
5.1 MISTAKES IN IFBs
(a) An obvious mistake in a bid may be corrected or withdrawn or waived by the offeror to the extent that it is not contrary to the best interest of the purchasing agency or to the fair treatment of other bidders.
(b) A mistake in a bid discovered before the deadline for receipt of bids may be corrected or withdrawn as provided in §3-122-16.07, HAR, as amended.
(c) A mistake in a bid discovered after the deadline for receipt of bids but prior to award may be:
(1) Corrected or waived under the following conditions:
(A) If the mistake is attributable to an arithmetical error, the chief procurement officer shall correct the mistake. In case of error in extension of bid price, unit price shall govern.
(B) If the mistake is a minor informality which shall not affect price, quantity, quality, delivery, or contractual conditions, the chief procurement officer may waive the informalities or allow the bidder to request correction by submitting documentation that demonstrates a mistake was made. Examples of mistakes include typographical errors, transposition errors; or failure of a bidder to sign the bid or provide an original signature, but only if the unsigned bid or photocopy is accompanied by other material indicating the bidder’s intent to be bound.
(C) If not allowable under clauses (a) and (b) of this subsection (1) but is an obvious mistake that, if allowed to be corrected or waived, is in the best interest of the purchasing agency and is fair to other bidders.
(2) Withdrawn if the mistake is attributable to an obvious error that shall affect price, quantity, quality, delivery, or contractual conditions, provided:
(A) The bidder requests withdrawal by submitting documentation that demonstrates a mistake was made; and
(B) The chief procurement officer prepares a written approval or denial in response to this request.
(d) A mistake in a bid discovered after award of contract may be corrected or withdrawn if the chief procurement officer or head of purchasing agency makes a written determination that it would be unreasonable not to allow the mistake to be remedied or withdrawn.
(e) The determination required by this section shall be final and conclusive unless clearly erroneous, arbitrary, capricious, or contrary to law.
5.2 MISTAKES IN RFPs
(a) Mistakes shall not be corrected after award of contract.
(b) When the chief procurement officer knows or has reason to conclude before award that a mistake has been made, the chief procurement officer should request the offeror to confirm the proposal. If the offeror alleges mistake, the proposal may be corrected or withdrawn pursuant to this section.
(c) Once discussions are commenced or after best and final offers are requested, any priority-listed offeror may freely correct any mistake by modifying or withdrawing the proposal until the time and date set for receipt of best and final offers.
(d) If discussions are not held, or if the best and final offers upon which award will be made have been received, mistakes shall be corrected to the intended correct offer whenever the mistake and the intended correct offer are clearly evident on the face of the proposal, in which event the proposal may not be withdrawn.
(e) If discussions are not held, or if the best and final offers upon which award will be made have been received, an offeror alleging a material mistake of fact which makes a proposal nonresponsive may be permitted to withdraw the proposal if: the mistake is clearly evident on the face of the proposal but the intended correct offer is not; or the offeror submits evidence which clearly and convincingly demonstrates that a mistake was made.
(f) Technical irregularities are matters of form rather than substance evident from the proposal document, or insignificant mistakes that can be waived or corrected without prejudice to other offerors; that is, when there is no effect on price, quality, or quantity. If discussions are not held or if best and final offers upon which award will be made have been received, the chief procurement officer may waive such irregularities or allow an offeror to correct them if either is in the best interest of the County. Examples include the failure of an offeror to: return the number of signed proposals required by the request for proposal; sign the proposal, but only if the unsigned proposal is accompanied by other material indicating the offeror's intent to be bound; or to acknowledge receipt of an amendment to the request for proposal, but only if it is clear from the proposal that the offeror received the amendment and intended to be bound by its terms; or the amendment involved had no effect on price, quality or quantity.
5.3 [Reserved]
5.4 DISQUALIFICATION OF OFFERORS
An offeror shall be disqualified, and his offer automatically rejected for any one or more of the following reasons:
(a) Proof of collusion, in which case, all offers involved in the collusive action will be rejected and any participant to such collusion will be barred from future solicitations until reinstated;
(b) Offeror's lack of responsibility and cooperation as shown by past work or services;
(c) Offeror's being in arrears on existing contracts with the County or having defaulted on previous contracts;
(d) Offeror's lack of proper equipment and/or sufficient experience to perform the work contemplated;
(e) Offeror does not possess proper license, if required to cover the type of work contemplated;
(f) Offeror who has uncompleted work on contracts in force, or a record of unsatisfactory work performance or delays on completed contracts in force which, in the judgment of the County, might hinder or prevent the prompt completion of additional work if awarded;
(g) Offeror who has complaints filed against the offeror for abusive or threatening language or behavior during previous contracts toward any County employee;
(h) Offeror who has failed to comply, or is delaying compliance with, the requirements for final inspection or final payment of the County’s general terms and conditions for any contract in force;
(i) Offeror is deemed non-responsible, or offeror's failure to pay, or satisfactorily settle, all bills overdue for labor and material on former County contracts at the time of issuance of solicitation;
(j) Offeror was paid for services to develop or prepare the specifications or work statements.
(k) If the required offer guaranty received separately from the offer is not identifiable as guaranty for a specific offer, or is received after the date and time set for the opening;
(l) If the required offer guaranty is not in accordance with section 3.4 (OFFER GUARANTY) of these GTCs;
(m) If the offeror or surety fails to sign the surety bond submitted as offer guaranty;
(n) If offeror fails to use the surety bond form furnished by the County or identical wording contained in a substantially similar form when submitting a surety bond as proposal guaranty; or
(o) If the offer shows any non-compliance with applicable law or contains any unauthorized additions or deletions, conditioned, incomplete, or irregular or is in anyway making the proposal incomplete, indefinite, or ambiguous as to its meaning; or unbalanced offers in which the price for any item is obviously out of proportion to the prices for other items.
5.5 STANDARDS OF CONDUCT
All offerors should be certain that their bids are not in violation of §84-15, HRS, as amended. The submittal form states that by submitting this offer, offeror certifies that his offer does not pose a conflict with §84-15, HRS, as amended. Contracts awarded shall be void if there is a violation of §84-15, HRS, as amended. This section shall not apply to a personal contract of employment with the County.
5.6 [Reserved]
5.7 MULTIPLE OR ALTERNATE OFFERS
Unless specifically provided for in the solicitation, multiple or alternate offers shall not be accepted, and all such offers shall be rejected. This includes offers submitted by any one person under the same or different names. Without limiting the generality of the foregoing provision, a person shall be considered to have submitted more than one offer if such person submits more than one offer under the same name, or through agents, or through joint ventures, partnerships or corporation in which such person has more than a twenty-five per cent interest in each of them, or through any combination thereof.
5.8 CONDITIONED OFFERS
Any offer which is conditioned upon receiving a contract other than as provided for in the solicitation shall be deemed nonresponsive and not acceptable. This includes any offer that is conditioned upon receiving award of both the particular contract being solicited and another County contract.
5.9 NON-RESPONSIVE OFFERS OR NON-RESPONSIBLE OFFERORS
Offers submitted by offerors who have been determined to be non-responsive or non-responsible shall be rejected. An offer is considered non-responsive when it does not conform in all material respects to the solicitation by reason of its failure to meet the requirements of the specifications or permissible alternates or other acceptability criteria set forth in the solicitation.
5.10 REJECTION OF OFFERS
The County reserves the right to reject any or all offers when in the County's opinion; such rejection will be in the best interest of the County. Reasons for rejection of an offer includes but is not limited to the reasons stated in these instructions and the reasons stated in §3-122-97, HAR, as amended.
An offer security deposit or bond is not required for this IFB.
A pre-bid conference will be held at the time, date and location indicated on the cover page of this Solicitation. All prospective Offerors are strongly encouraged to attend. The intent of the pre-bid conference is to assist the Offerors to more fully understand the requirements of the Solicitation. Bidders are encouraged to submit questions in advance to enable the Purchasing Division to prepare responses; questions should be submitted through the Question and Answer section of the Procurement Portal. Unless specified otherwise in the Specifications of the bid, attendance at the pre-bid conference is NO VALUE. Nothing stated at the pre-bid conference shall change the Solicitation unless a change is made by written Addendum.
6.1 PRIORITY LISTED OFFERS
The County may establish a priority list consisting of at least three (3) offerors for discussions and Best and Final Offers (BAFOs). Those offerors who are selected for the priority list are referred to as the "Priority-Listed Offerors (PLO)." The County will not publicly identify the Priority-Listed firms prior to the notice of award being posted.
6.2 DISCUSSIONS
Discussions will be limited to only PLOs. Discussions are held to: (1) Promote understanding of the County’s requirements and the priority listed offerors’ proposals; and (2) facilitate arriving at a contract that will provide the best value to the County, taking into consideration the evaluation factors set forth in the request for proposals. PLOs shall be accorded fair and equal treatment with respect to any opportunity for discussions and revisions of offers; however, offers may be selected without such discussion. Addenda to this RFP after establishment of a priority list shall be distributed only to PLOs. New proposals or amendments to the existing solicitation that, in the County’s sole judgment, significantly change the nature of the procurement will not be permitted. Should the County believe it is in its best interest to go forward with a significant change, then the solicitation may be cancelled, and a new solicitation issued. During the discussion process, contents of any offer shall not be disclosed to competing offerors.
6.3 BEST AND FINAL OFFERS
Although the County reserves the right to issue a request for BAFOs, the County is under no obligation to do so. The County may make its selection and award based on the initial offers submitted. If the County requests BAFOs, Priority-Listed Offerors may be informed of and requested and/or allowed to revise their offers, including correction of any weaknesses, minor irregularities, errors, and/or deficiencies identified to the Priority-Listed Offerors by the County following initial evaluation of the offers. The request for BAFOs will allow adequate time for the Priority-Listed Offerors to revise their offers. Upon receipt of any BAFOs, the process of evaluation will be repeated. The process will consider the revised information and re-evaluate and revise scores as appropriate. If discussions are held, the County will attempt to limit the selection process to a single BAFO, but this does not preclude the County from additional discussions or BAFOs in compliance with §3-122-54(b), HAR, as amended.
The completion, installation, or delivery date will be calculated from the official commencement date, which shall be either the date of the “Notice to Proceed” or the date of the Purchase Order.
The County of Hawai‘i may reject any bid failing to promise delivery within that time.
7.1 [Reserved]
7.2 PREFERENCE FOR HAWAI‘I PRODUCTS
(a) This section shall not apply whenever its application will disqualify the County from receiving federal funds or aid.
(b) All offers shall comply with the preferences, as applicable, set forth in §3-124, HAR, as amended.
A pre-bid conference will not be held.
No bid bonds or performance bonds will be required for this IFB/RFP.
The following bid bonds or performance bonds are required for this IFB/RFP: [include which bonds are applicable].
The County’s General Terms and Conditions for Goods and Services, dated May 10, 2023 (“General Terms and Conditions”), is incorporated herein by reference. Offers submitted with any alterations to the County’s General Terms and Conditions so made by the Offeror without prior approval by the County may be sufficient cause for rejection of the offer.
8.1 INVITATION FOR BID SOLICITATIONS
For IFB solicitations under HRS §103D- 302, the contract shall be awarded with reasonable promptness by written notice to the lowest responsive, responsible offeror whose offer meets the requirements and criteria set forth in the IFB and posted pursuant to §103D-701, HRS, as amended, for five (5) working days. In the event additive alternates are included in the solicitation, the lowest offer will be determined after adding to the total base price, the alternate or alternates considered for award. Alternates, if any are awarded, shall be awarded in the order listed in the offer. Award of alternates shall be dependent upon the availability of funds.
8.2 LOW TIE BIDS FOR IFB SOLICITATIONS
(a) In the discretion of the chief procurement officer or the head of a purchasing agency, award shall be made in any permissible manner that will resolve tie bids, including but not limited to:
(1) Award the contract to a business providing goods produced or manufactured in this State or to a business that otherwise maintains a place of business in this State;
(2) Where identical low bids include the cost of delivery, award the contract to the tie bidder farthest from the point of delivery; and
(3) Award the contract to the identical bidder who received the previous award and continue to award succeeding contracts to the same bidder so long as all low bids are identical.
(b) Where there are multiple items in the same solicitation, award the contract on the tied bid item(s) to the bidder whose other contract award is largest.
(c) If no permissible method will be effective in resolving tie bids and a written determination by the Chief procurement officer is made so stating, award may be made by drawing lots.
(d) Records in accordance with §3-122-34, HAR, as amended, shall be made a part of the procurement file.
8.3 ACCEPTANCE OF OFFER
(a) Acceptance of offer, if any, will be made within sixty (60) days after the opening of offers, and the prices quoted by the offeror shall remain firm for the sixty (60) day period. Unless otherwise provided, each individual item or group of items will be awarded to the responsive and responsible offeror whose offer complies with all the solicitation requirements. In determining the responsive and responsible offeror, offers will be evaluated not only on the amounts thereof, but on all factors relating to the satisfactory performance of the contract. Products must be of a quality and nature that will meet the needs and purposes of the intended use and must conform to all requirements prescribed in the specifications. The offeror must have the ability to perform as called for in the contract terms. The County shall be the sole judge of product or vendor capability. The successful vendor will be notified by letter that the offer has been accepted and that the vendor is being awarded the contract.
(b) If the offer is rejected or if the vendor to whom the contract was awarded fails to enter into the contract and furnish satisfactory security, if applicable, the purchasing agency may, at its discretion, award the contract to the next lowest or remaining responsible offeror or may publish another call for offers; provided in the case of only one remaining responsible offeror, the head of the purchasing agency may negotiate with such bidder to reduce the scope of work, if available funds are exceeded, and to award the contract at a price which reflects the reduction in the scope of work.
(c) The head of the purchasing agency further reserves the right to cancel the contract award at any time prior to execution of said contract by all parties, without any
liability to the awardee and to any other offeror.
8.4 EXECUTION OF CONTRACT
(a) In cases where the contract award amounts to $50,000.00 or more, the County shall forward a formal contract to the successful offeror for execution. The contract shall be signed by the successful vendor and returned, together with a satisfactory contract bond, if required, and other supporting documents, within ten (10) days after receipt by the vendor or within such further time as the chief procurement officer may allow in writing.
(b) No such contract shall be considered binding upon the County until the following has occurred:
(1) The contract has been fully and properly executed by all the parties thereto, with an authorized person of the contractor signing first and the Mayor, or his/her designee signing last;
(2) The Director of Finance has, in accordance with the County charter, approved the contract as to the availability of funds in the amounts and for the purposes set forth therein if they involve financial obligations of the County; with the exception of a multi-term contract, whereby, the Director of Finance shall only be required to certify that there is an appropriation or balance of an appropriation over and above all outstanding contracts, that is sufficient to cover the amount required to be paid under the contract during the fiscal year or remaining portion of the fiscal year of each term of the multi-year contract;
(3) Be authorized by the council by resolution if legislative action is necessary to implement the contract;
(4) Be approved by the corporation counsel as to form and legality; and
(5) Except as otherwise provided, be signed by the mayor.
(c) In any contract involving not only State or County funds but supplemental funds from the federal government, this section shall be applicable only to that portion of the contract price as is payable out of State or County funds. As to the portion of the contract price as is expressed in the contract to be payable out of federal funds, the contract shall be construed to be an agreement to pay the portion to the contractor, only out of federal funds to be received from the federal government. This paragraph shall be liberally construed so as not to hinder or impede the County in contracting for any project involving financial aid from the federal government.
(d) If the successful offeror is other than a sole proprietorship, it shall submit satisfactory evidence, e.g., certificate or corporate resolution, power of attorney or other such evidence of authority of the signers' authority to execute on the contract date the contract on behalf of the successful bidder. If such document has been submitted to the purchasing agency on a previous occasion, the successful offeror may submit a copy of this document, provided there has been no amendment, modification or rescission of the document previously submitted, and provided further, that the document previously submitted is still effective as of the date of execution of the contract. If there has been a modification, amendment or rescission of the evidence of authority previously submitted, then the superseding document shall be attached to the contract.
8.5 CONTRACT BOND
(a) When required by the special provisions, a performance bond and a payment bond shall be delivered by the contractor to the County at the same time the executed contract is delivered.
(b) The acceptable performance and payment bonds are the same as the acceptable bid or proposal security deposit specified in section 3.4 (OFFER GUARANTY) of these GTCs. (Refer to Exhibits for the forms to be submitted.) If a surety bond is submitted for either the performance or payment bond, in addition to the form prescribed, a power of attorney for the surety's attorney-in-fact executing the bond shall be provided.
(c) If an offer does not comply with the security requirements, the offer shall be rejected as nonresponsive, unless the failure to comply is determined by the chief procurement officer, the head of the purchasing agency, or the designee of such officer to be nonsubstantial pursuant to §3-122-223, HAR, as amended.
8.6 FAILURE TO EXECUTE CONTRACT
(a) If the offeror to whom a contract is awarded shall fail or neglect to enter into the contract and to furnish satisfactory security as required by section 8.5 (CONTRACT
BOND) of these GTCs, within ten (10) days after such award or within such further time as the chief procurement officer may allow, the purchasing agency shall pay the
amount of offeror's IFB or RFP guaranty as required under section 3.4 (OFFER GUARANTY) of these GTCs, into the County Treasury as a realization of the County. The chief procurement officer may thereupon award the contract to the next lowest responsive, responsible offeror or may call for new offers, whichever method the chief procurement officer may deem is in the best interest of the County.
8.7 RETURN OF OFFER GUARANTIES
All offer guaranties submitted as required by subchapter 24, §3-122, HAR, as amended shall be retained until the successful offeror enters into the contract and furnishes satisfactory security or if the contract is not awarded or entered into, until the chief procurement officer's determination is made to publish another call for offers. At such time, all offer guaranties, except surety bonds, will be returned.
8.8 SUBMISSION OF INSURANCE CERTIFICATION
(a) The contractor agrees to deliver to the County, when contract documents are executed, a certificate of insurance evidencing any and all insurance required by the
solicitation and/or special provisions. Said certificate shall contain an endorsement that such insurance may not be cancelled except upon thirty (30) days’ notice to the
County. It shall also contain a statement to the effect that the County is named additional insured under the policy(s).
(b) Failure of the contractor to provide and keep in force insurance policy(s) as required shall be regarded as material default under this contract, entitling the County to
exercise any or all of the remedies provided in this contract for a default of the contractor.
(c) If a contractor is providing services on County property, adequate insurance coverage and proof of insurance shall be required, including the County being listed as an additional insured. The solicitation and/or special provisions shall specify adequate insurance coverage provisions.
8.9 CANCELLATION OF AWARD
The County reserves the right to cancel the solicitation in accordance with §3-122-96, HAR, as amended.
Any prospective Offeror should examine and review the Solicitation document in detail. Any request for approval to substitute any item or take exception to any specification, Special Provision, general term or condition, or clarification must be received through the OpenGov Procurement System on or before the date set forth in the Notice to Bidders.
The Offeror submitting the inquiry shall be responsible for proper transmission. If additional information is deemed necessary, such information will be issued in an Addendum by the head of the purchasing agency. The Addendum will be issued via the OpenGov Procurement System to all persons who have properly registered and obtained the Solicitation. All Addenda issued shall be a part of the Contract.
When the word “Standard” is used in the Specifications to describe an item of equipment or an assembly, it shall be construed to mean that the item or assembly so described shall be the regular current product of the manufacturer thereof identified by a model or other designation without modification or omission of any of its usual parts or the substitution of others therefor, except as hereafter specified; and the details, capacities and ratings shall conform in every respect with the said manufacturer’s catalog or other printed matter describing the items or assembly. “Standard” sub-assemblies, accessories, fittings and finishes shall be construed to be those which are regularly furnished as part of the principal unit or assembly and included in the selling price thereof.
9.1 DEBRIEFING
(a) Debriefing shall apply only to RFP solicitations. The purpose of a debrief is to inform the non-selected offerors of the basis for the source selection decision and contract award. A written request for a debriefing shall be made within three (3) Working Days after the posting of the award.
(b) Debriefing shall be held by the chief procurement officer or designee, to the maximum extent practicable, within seven (7) Working Days; provided the chief procurement officer or designee may determine whether or not to conduct individual or combined debriefings.
(c) A protest by the requestor submitted pursuant to §103D-701, HRS, as amended, following a debriefing shall be filed within five (5) Working Days, as specified in §103D-303(h), HRS, as amended.
9.2 COMPLAINTS AND PROTESTS
(a) A protest of an award shall be subject to the requirements specified in §103D-701, HRS, as amended, and §3-126, HAR, as amended.
(b) Protests shall be made in writing or as otherwise specified in the solicitation to the chief procurement officer, and shall be filed within five (5) Working Days after the protestor knows or should have known of the facts giving rise therein; provided that a protest of an award or proposed award shall in any event be submitted in writing or
as otherwise specified in the solicitation within five (5) Working Days after the posting of award of the contract either under §§103D-302 or 103D-303, HRS, as applicable;
provided further that no protest based upon the content of the solicitation shall be considered unless it is submitted in writing prior to the date set for the receipt of offers. A protest is considered filed when received by the chief procurement officer. Protests filed after the five (5) day period shall not be considered.
(c) To expedite handling of protests, the envelope or communication should be labeled "Protest" and either served personally, sent by registered or certified mail, return receipt requested, to the chief procurement officer, or as otherwise specified in the solicitation. The written protest shall include as a minimum the following:
(1) The name and address of the protestor;
(2) Appropriate identification of the procurement and, if a contract has been awarded, its number;
(3) A statement of reasons for the protest; and
(4) Supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time in which case the availability date shall be indicated.
(d) When a protest has been filed, no further action shall be taken until the protest has been settled, unless the chief procurement officer makes a written determination,
after consulting with the Head of the purchasing agency, that the award of the contract is necessary to protect the substantial interests of the State.
9.3 AUTHORITY TO DEBAR OR SUSPEND
The County, in accordance with §103D-702, HRS, as amended, and subchapter 2 of §3-126, HAR, as amended, may debar or suspend an offeror for cause from consideration for award of contracts. The period of debarment shall be limited to not more than three (3) years. The period of suspension shall be limited to not more than three (3) months.
9.4 SOLICITATIONS OR AWARDS IN VIOLATION OF LAW
If a solicitation or award is found to be in violation of law, it shall be resolved in accordance with §§103D-705, 103D-706, and 103D-707, HRS, as amended; and subchapter 4 of §3-126, HAR, as amended.
All Addenda issued shall be a part of the Contract. Oral interpretations or clarifications, changes or approved substitutions will be without legal effect. Only interpretations or clarifications, changes or approved substitutions provided by formal written Addendum to the Solicitation shall be binding and have legal effect. Notifications of Addenda will be issued to all vendors following the project through the Procurement Portal.
The Director of Finance reserves the right to waive and/or accept any minor deviations from the Specifications, if in his/her opinion, such waiver will be in the best interest of the County of Hawai‘i, and that such waiver shall not affect in any way the standards or performance, operations, capacities or quality of the equipment offered.
10.1 INDEPENDENT CONTRACTOR
It is expressly understood and agreed that the contractor is an independent contractor, with the authority to control and direct the performance and details of the work and services herein contemplated; however, the County retains the general right of inspection by a designated representative in order to judge, whether in the County's opinion, such work is being performed by the contractor in accordance with the terms of this agreement. Under no circumstances will the contract be considered an agreement of partnership or joint venture between the County and the contractor.
10.2 CONSTRUCTION OF CONTRACT
The masculine shall be deemed to embrace and include the feminine and the singular shall be deemed to embrace and include the plural, whenever required in the context of the contract.
10.3 COMPLIANCE WITH CONTRACT TERMS, ETC.
The contractor shall perform in conformity with the specifications and each and every requirement of these general terms and conditions and other provisions forming a part of the contract. In the event the contractor fails to so perform, the chief procurement officer or Head of the purchasing agency, in addition to any other recourse, reserve the right to suspend the contractor from bidding on any or all County contracts pursuant to §3-126, HAR, as amended.
10.4 EXAMINATION OF SITE
(a) Examination of site. When applicable, the offeror shall carefully examine the site of the proposed work before submitting an offer. The submission of an offer shall be considered as a warranty that the offeror has made such examination and is satisfied with the conditions to be encountered in performing the work.
(b) Materials and equipment. The County does not assume any responsibility for the availability of any materials or equipment required under this contract. Unless
otherwise specified in the solicitation, the offeror shall be considered as having taken into account when submitting an offer, the availability of materials or equipment
required under the contract.
10.5 PRICE INCLUSIVE OF ALL APPLICABLE TAXES
Unless otherwise specified in the solicitation document, the offeror shall include in its unit price and be responsible for paying all taxes, which shall be applicable to the goods, services, or the furnishing and sale thereof. offerors are directed to contact the Department of Taxation of the State of Hawai'i for assistance as to whether the State of Hawai'i excise tax, the applicable use tax, or other taxes will apply to the offeror. offeror shall not pass through any increases in taxes to the County.
10.6 CHANGE ORDERS AND MODIFICATIONS
The contractor will not undertake to perform the portion of the work affected by the changes until a Change Order or modification has been approved and issued, pursuant to section 12 (MODIFICATIONS AND TERMINATIONS OF CONTRACTS FOR GOODS AND SERVICES) of these GTCs.
10.7 LIQUIDATED DAMAGES
The contractor understands and agrees that time is an essential factor of this contract, and that the County will suffer material loss by reason of delays that may occur in the contractor’s performance of the work or any portions of the work within the time or times fixed in the contract or any extensions thereto. When the contractor is given notice of delay or nonperformance, in accordance with section 12.11 (TERMINATION FOR DEFAULT) of these GTCs and fails to cure in the time specified, the contractor shall pay to the County, as liquidated damages for any such delays, the sum set forth in the solicitation, special provisions, and/or the contract for each and every calendar day of delay or nonperformance from the day set for cure until either the County reasonably obtains similar Goods or Services if the contractor is terminated for default, or until the contractor provides the Goods or Services if the contractor is not terminated for default. The sums of each and every calendar day of delay or nonperformance shall be deducted from the contract price. It is expressly stipulated by and between the contractor and the County that any such sums shall be deemed and taken to be
liquidated damages for the contractor’s failure to perform within the specified time and not be in the nature of a penalty. To the extent that the contractor's delay or nonperformance is excused under section 12.11(d) (EXCUSE FOR NONPERFORMANCE OR DELAYED PERFORMANCE) of these GTCs, liquidated damages shall not be due the County. The contractor remains liable for damages caused other than by delay.
10.8 DELIVERY
(a) The number of calendar days for delivery of Goods or Services for the completion of the contract shall be calculated from the official commencement date as established in the Notice to Proceed or from the date of the purchase order.
(b) Should the contractor begin work or make delivery before the official commencement date set forth in the Notice to Proceed, the contractor understands and agrees that such work or delivery shall be considered as having been done at his own risk and expense, as a gift of services or goods, and no payment will be owed to him for such premature work or delivery.
(c) The contractor shall deliver the goods and furnish services at such particular location designated and, in the manner, specified or ordered in the contract.
(d) Whenever equipment is specified, the contractor shall deliver the equipment completely assembled, unless provided for otherwise.
(e) contract prices shall be based on delivery F.O.B. place of destination and shall include all freight, handling, delivery, and related charges.
10.9 NOTICE TO PROCEED
(a) After the contract is fully executed, the procurement officer will issue a written "Notice to Proceed" establishing the official commencement date. Until said Notice to Proceed is issued, the County may find cause for cancellation of the award and any expenses incurred before the official commencement date shall be done at the contractor's own risk and expense.
(b) The number of days for completion of the contract will be calculated from the official commencement date.
(c) In cases where the amount of the award is less than $50,000.00 and a purchase order is issued, no notice to proceed will be made.
10.10 DISPUTES
(a) All controversies between the County and the contractor which arise under, or are by virtue of, this contract and which are not resolved by mutual agreement, shall be decided by the chief procurement officer in writing, within ninety (90) days after a written request by the contractor for a final decision concerning the controversy; provided that if the Director does not issue a written decision within ninety (90) days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision had been received.
(b) The chief procurement officer shall immediately furnish a copy of the decision to the contractor, by certified mail, return receipt requested, or by any other method that
provides evidence of receipt.
(c) Any such decision shall be final and conclusive, unless fraudulent, or the contractor brings an action seeking judicial review of the decision in the Third Circuit Court of the State of Hawai‘i within the six (6) months from the date of receipt of the decision.
(d) The contractor shall comply with any decision of the Director and proceed diligently with performance of this contract pending final resolution by the Third Circuit Court of the State of Hawai‘i of any controversy arising under, or by virtue of, this contract, except where there has been a material breach of contract by the County; provided that in any event the contractor shall proceed diligently with the performance of the contract where the chief procurement officer has made a written determination that continuation of work under the contract is essential to the public health and safety.
10.11 REMEDIES
Any dispute arising under or out of this contract is subject to §3-126, HAR, as amended.
10.12 COUNTY’S RIGHT OF OFFSET
The County may offset any monies or other obligations the County owes to the contractor under this contract, any amount owed to the County by the contractor under this
contract, or any other contract, or pursuant to any law or other obligation owed to the County, including, but not limited to, the payment of any fees, landfill tipping fees, taxes or levies of any kind or nature. The County shall notify the contractor in writing of any exercise of its right of offset and the nature and amount of such offset. For the purposes of this paragraph, amounts owed to the County shall not include debits or obligations which have been liquidated by agreement with the contractor, and that are covered by an installment payment or other settlement plan approved by the County, provided, however, that the contractor is current, and in compliance with, and not delinquent on, any payments, obligations, or duties owed to the County under such payment or other settlement plan.
10.13 TIME IS OF THE ESSENCE
Performance of the contract shall commence on the commencement date designated in the Notice to Proceed and shall be completed within the time specified in the contract, except as modified by mutual agreement. contractor acknowledges that time is of the essence in the completion of the work within the designated time in the contract.
Solicitation may be canceled in whole or in part and at any time during the Solicitation process for reasons specified in, but not limited to, § 3-122-96, HAR.
11.1 LAWS TO BE OBSERVED
11.1 LAWS TO BE OBSERVED
(a) Comply with all laws. The contractor shall at all times observe, perform, 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 performance of the work, the manufacture and sale of materials and equipment required under the contract, 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. If any discrepancy or inconsistency is discovered in the contract for the work in relation to any such laws, ordinances, rules and regulations, orders or decrees, the contractor shall forthwith report the same to the chief procurement officer in writing.
(b) Indemnification for violation of law. The contractor shall indemnify, hold harmless and defend the County and all its officers, agents, employees, and representatives from all suits, actions, claims, damages, and judgments, of any character or kind, that may arise from, or which are based on the violation of any such laws, ordinances, rules and regulations, orders and decrees, whether such violation is committed by the contractor or his subcontractor or the employee or either or both.
(c) The contractor’s attention is especially directed to §§103 and 103D, HRS, as amended; subtitle 11 Procurement Policy Board of title 3 Department of Accounting and General Services, HAR, as amended; the Hawai’i County Charter (2022 Edition, as amended); and the Hawai’i County Code 1983 (2016 Edition, as amended) The applicable provisions of the aforementioned shall be deemed to be a part of the contract as though fully set forth herein. If any discrepancy or inconsistency is discovered in the contract for the work in relation to any such laws, ordinances, rules and regulations, orders or decrees, the contractor shall forthwith report the same to the chief procurement officer in writing.
11.2 WARRANTY OF TITLE
The contractor shall warrant absolute title and full and clear right to sell or provide the goods or services, as specified herein, to the County and that there are no liens, claims or encumbrances of any kind on said Goods or Services. The contractor shall hold the County free, clear, and harmless against any adverse claim of title.
11.3 COPYRIGHT
The County shall have ownership of the work product that is produced by the contractor in the performance of work under the contract with the County, including an unrestricted, royalty-free, nonexclusive and irrevocable license to reproduce, publish, translate or otherwise use and to authorize others to publish and use all materials obtained or produced in connection with the work hereunder, which may be copyrighted by the County.
If the contractor uses or licenses any design, device, material, process, technology or any other intellectual property (“Intellectual Property”) covered by patent, copyright, trademark or other Intellectual Property protection, the right for such use shall be procured by the contractor from the appropriate owner. The contractor shall indemnify and hold the County and all its officers, agents, employees and representatives harmless against all claims arising from the use of any claims for infringement by reason of the use of any such Intellectual Property in connection with providing services under this contract.
11.5 SUBCONTRACTING AND ASSIGNING
The contractor shall not subcontract any of the work to be performed under this contract with the County, nor shall he assign the contract to any other person or firm without written permission from the chief procurement officer, or his/her designee, and no subcontract or assignment made without such permission will be recognized. No subcontract shall, under any circumstances, relieve the contractor of his obligation and liability under his contract with the County, and all persons engaged in performing the work covered by the contract shall be considered agents of the contractor, and shall be subject to the provisions of the contract.
11.6 ASSIGNMENT OF ANTITRUST CLAIMS
Vendor and purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges which result from antitrust violations commencing after the price is established under this order or contract and which are not passed on to the purchaser under an escalating clause.
11.7 INDEMNIFICATION
The contractor shall indemnify, hold harmless and defend the County and its officers, employees, agents, and representatives from all suits, actions, claims, damages, and judgments of any character that may be brought against the County by whomsoever, on account of any injuries or damages sustained by any person and property, due to the negligent acts or omissions by the contractor, or any of his officers, employees, subcontractors, assignees, or representatives, in the performance of the contract. In the event the County and the contractor are found to be joint tortfeasors with respect to any such injuries or damages, the contractor's obligations to indemnify the County under this section shall extend only to the contractor's pro rata share of negligence as determined in accordance with §663-12, HRS, as amended.
11.8 PERSONAL LIABILITY OF PUBLIC OFFICIALS
In carrying out any of the provisions of the contract or in exercising any power or authority granted to them by the contract, there shall be no liability upon the chief procurement officer or his/her authorized representatives, either personally or as officials of the County, it being understood that in such matters, they act solely as agents and representatives of the County.
11.9 [Reserved]
11.10 RECORD RETENTION AND RIGHT TO AUDIT RECORDS
(a) The contractor and/or any of its subcontractors shall maintain the books and records that relate to the contract and any cost or pricing data for three (3) years from the
date of final payment under the contract.
(b) The County, at reasonable times and places, may audit the books and records of any contractor who has submitted cost or pricing data.
11.11 NON-DISCRIMINATION
(a) The contractor and/or subcontractor shall not discriminate on the basis of race, religion, color, national origin, sex, sexual orientation, gender identity, age, marital status, pregnancy, parenthood, disability, or political affiliation in the performance of this contract. Failure to comply with this requirement may be cause for termination of this contract or such other remedy as the County deems appropriate.
(b) Pursuant to Executive Order No. 142, County of Hawai‘i, dated February 11, 2005, during the performance of this contract, the contractor shall:
(1) Comply with all requirements set forth in Federal and State laws and regulations relative to Title VI of the Civil Rights Act of 1964, as amended, which provide for non-discrimination in federally assisted programs.
(2) Not discriminate against any employee or applicant for employment because of sex, pregnancy, race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran’s status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by state or federal law. Contractor shall assure that applicants are employed and that employees are treated during employment without regard to sex, pregnancy, race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran’s status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by state or federal law. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. Contractor agrees to post in conspicuous places notes to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause.
(3) In all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants shall receive consideration for employment without regard to sex, pregnancy, race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran’s status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by state or federal law.
(4) In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled or suspended in whole or in part and the contractor may be declared ineligible for further County contracts until such time that the contractor, by satisfactory evidence, in good faith, ceases such discriminatory practices or procedures.
(5) If contractor subcontracts any portion of the contract, it shall assure the County that such subcontractor shall abide by the nondiscrimination provisions stated herein and agrees that any subcontractor who is found in violation of such provisions shall subject the principal contractor’s contract with the County to be terminated or suspended pursuant to subsection section 11.11(b)(4).
(6) The County may direct any bidder, prospective contractor, or subcontractor to submit a statement in writing signed by an authorized officer, agent, or employee of the contracting party that the signer’s practices and policies do not discriminate on the grounds of sex, pregnancy, race, ancestry/national origin, religion, color, disability, age, marital status, military status, veteran’s status, sexual orientation, lactation, arrest and court record, citizenship, or any other classification protected by state or federal law, and that the terms and conditions of employment under the proposed contract shall be in accordance with the purposes, and any bidder, prospective contractor or subcontractor shall comply with all such present state and federal laws, ordinances, codes, rules and regulations, and all amendments thereto. If any discrepancy or inconsistency is discovered between this Agreement and any such law, ordinance, code, rule or regulation, the contractor shall forthwith report the same in writing to the County.
11.12 RESPONSIBILITY OF CONTRACTOR AND TAX CLEARANCE
The following applies to any procurement of $25,000 or more and/or any County contract of $25,000 or more:
(a) Upon award of the contract, §103D-310, HRS, as amended, specifies that all offerors shall comply with all laws governing entities doing business in the State, including, but not limited to, §§237, 383, 386, 392, and 393, HRS, as amended.
(b) In addition, pursuant to §§103D-328 and 103-53, HRS, as amended, no contract shall be binding or effective until the purchasing agency confirms tax clearance from the Director of Taxation and the Internal Revenue Service. The contractor shall provide updated tax clearances as required by the Director of Finance to comply with §103-53, HRS, as amended.
(c) As proof of compliance with the above, the purchasing agency shall verify contractor compliance using Hawai'i Compliance Express (HCE), as a pre-requisite to award, for the following requirements:
(1) Tax Clearance from the Department of Taxation and Internal Revenue Service to demonstrate compliance with §237, HRS, General Excise Tax Law, and §103D-328, HRS, Tax Clearance;
(2) Compliance from the Department of Labor and Industrial Relations to verify current compliance with §383 (Hawai‘i Employment Security Law), §386 (Workers’ Compensation Law); §392 (Temporary Disability Insurance Law); and §393 (Prepaid Healthcare Act), HRS, as amended; and
(3) Good Standing Certificate from the Department of Commerce and Consumer Affairs.
11.13 CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS
If awarded a contract in response to this solicitation, offeror agrees to comply with §11-355, HRS, as amended. Questions regarding this statute should be directed to the State Campaign Spending Commission.
If applicable, the bidder or proposer shall list on a separate sheet of paper any variations from, or exceptions to, the Specifications of this bid or proposal. This sheet shall be labeled “Exceptions(s) to Bid/Proposal Specifications.” Bidder should indicate “yes” to the right of each listed Specification if the product exactly meets the specification or includes the requested option. Bidder/Proposer should indicate “no” to the right and reference the item number and specification number on his exception list, regardless of whether the specification is deficient or exceeds listed criteria. HOWEVER, ALL BIDDERS/PROPOSERS ARE CAUTIONED THAT ANY EXCEPTIONS TO ANY SPECIFICATION, SPECIAL PROVISION, GENERAL CONDITION OR THE PROPOSAL ITSELF WILL IN ALL LIKELIHOOD RESULT IN THE BID/PROPOSAL BEING REJECTED IN ACCORDANCE WITH 3-122-33, HAR, AND 3-122-97, HAR. The only acceptable exceptions are those which are, solely in the opinion of the County, totally inconsequential to the performance, characteristics, quality or utility of the requested item, or are of the nature of correcting typographical errors in bid documents or allowing exception when a specification clearly cannot be met by any bidder/proposer or is in conflict with another specification.
Bidders or Proposers wishing to take any other exception or requesting a clarification or interpretation regarding any part of the bid document must submit their request in writing on or before the deadline date provided in the Notice to Bidders and receive written clarification or authorization for such change or have an addendum applicable to all bidders or proposers issued.
All bids or proposals must be submitted with all necessary specifications and brochures properly annotated identifying all applicable data regarding the equipment being offered; bids or proposals which fail to do so may be rejected.
| Release Project Date: | March 17, 2026 |
| Question Submission Deadline: | March 23, 2026, 4:30pm |
| Bid Submission Deadline: | March 30, 2026, 2:00pm |
| Execute Contract*: | On date of Notice to Proceed |
*NOTE: Events preceded by an asterisk are estimated dates. Estimated dates are for information only. These Scheduled dates may be changed via Addenda to the Solicitation, if appropriate.
12.1 GENERAL
(a) Pursuant to §3-125-1, HAR, as amended, the contract clauses in this section 12 (MODIFICATIONS AND TERMINATIONS OF CONTRACTS) of these GTCs are required for use in invitation for bids or requests for proposals and may be used in other contracts subject to §103D, HRS, as amended. Clauses that are specific for a certain category of goods, services, or construction are not required for contracts of another category. For example, specific clauses applicable only to goods and services are not required for construction contracts.
(b) If the clauses set forth in §3-125, HAR, as amended, are plainly inappropriate for use in a proposed contract, then the chief procurement officer or the head of purchasing agency shall make a written determination describing the circumstances requiring a material variation, provided that notice of any variation shall be stated in the invitation for bids or requests for proposals.
(c) Any material variation from these clauses shall be described in the solicitation documents in substantially the following form:
“General Terms and Conditions Section no._______________, entitled ________________, is not a part of the general terms and conditions of this contract and has been replaced by Special Provisions clause no.__________________, entitled __________________.”
(d) In accordance with applicable law and in consultation with the corporation counsel and the chief procurement officer and his/her designee, alternative clauses are allowed in some instances to permit accommodation of differing contract situations.
12.2 CONTRACT CHANGE ORDERS
(a) Generally. By written order, at any time, and without notice to any surety, the chief procurement officer may, unilaterally, order of the contractor:
(1) Changes in the work within the scope of the contract; and
(2) Changes in the time of performance of the contract that do not alter the scope of the contract work.
(b) Adjustments of prices or performance time. If any such Change Order increases or decreases the contractor’s cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the Change Order, an adjustment shall be made and the contract modified in writing accordingly and signed by the parties. Any adjustment in contract price made pursuant to this section shall be determined in accordance with section 12.8 (PRICE ADJUSTMENT) of these GTCs. Failure of the parties to agree to an adjustment in contract price shall be resolved in accordance with section 12.8 (PRICE ADJUSTMENT) of these GTCs. Failure of the parties to agree to an adjustment shall not excuse the contractor from proceeding with the contract as changed, provided that the chief procurement officer within fourteen (14) days after the changed work commences, makes the provisional adjustments in time as the Chief Procurement Office deems reasonable. The right of the contractor to dispute the contract price or time, or both, shall not be waived by its performing the work; provided, however, that the contractor files a claim in accordance with section 12.2(c) (CONTRACT CHANGE ORDERS) of these GTCs.
(c) Time period for claim. Except as may be provided otherwise by §103D-501(b), HRS, as amended, the contractor must file a written claim disputing the contract price or time, or both, provided in a Change Order, within ten (10) days after receipt of a written Change Order, unless such period for filing is extended by the chief procurement officer in writing. The requirement for filing a timely written claim cannot be waived and shall be a condition precedent to the assertion of a claim.
(d) Claim barred after final payment. No claim by the contractor for an adjustment hereunder shall be allowed if the claim is not received by the Director of Finance prior to final payment under this contract.
(e) Other claims not barred. In the absence of such a Change Order, nothing in this clause shall be deemed to restrict the contractor’s right to pursue a claim as permitted under the contract or for breach of contract.
12.3 CONTRACT MODIFICATIONS
(a) Contract modification. By a written order, at any time, and without notice to any surety, the chief procurement officer or his/her designee, subject to mutual agreement of the parties to the contract and all appropriate adjustments, may make modifications within the general scope of this contract to include any one or more of the following:
(1) Drawings, designs, or specifications, for the goods to be furnished;
(2) Method of shipment or packing;
(3) Place of delivery;
(4) Description of services to be performed;
(5) Time of performance (i.e., hours of the day, days of the week, etc.);
(6) Place of performance of the services; or
(7) Other provisions of the contract accomplished by mutual action of the parties to the contract that are within the general scope of the contract.
(b) Adjustments of price or time for performance. If any modification increases or decreases the contractor’s cost of, or the time required for, performance of any part of the work under this contract, an adjustment shall be made, and the contract modified in writing accordingly. Any adjustment in contract price made pursuant to this clause shall be determined, where applicable, in accordance with the price adjustment clause of this contract or as negotiated.
(c) Claim barred after final payment. No claim by the contractor for an adjustment hereunder shall be allowed if the claim is not received by the Director of Finance prior to final payment under this contract.
(d) Other claims not barred. In the absence of such a contract modification, nothing in this clause shall be deemed to restrict the contractor’s right to pursue a claim under the contract or for breach of contract.
12.4 AUTHORIZATION FOR A STOP WORK ORDER FOR GOODS AND SERVICES CONTRACTS
(a) Section 12.5 (STOP WORK ORDERS) of these GTCs applies to any fixed-price contract under which work stoppage may be required for reasons such as advancements in the state of the art, production modifications, engineering changes, or realignment of programs. A stop work order shall not be used in lieu of the issuance of a termination notice after a decision to terminate has been made.
(b) Stop work orders shall not exceed sixty (60) days and shall include, as appropriate:
(1) A clear description of the work to be suspended;
(2) Instructions as to the issuance of further orders by the contractor for material or services;
(3) Guidance as to action to be taken on subcontracts; and
(4) Other instructions and suggestions to the contractor for minimizing costs.
(c) As soon as feasible after a stop work order is issued: (1) The contract will be terminated; or (2) the stop work order will be canceled or extended in writing beyond the period specified in the order.
(d) In any event, such action must be taken before the specified stop work period expires. If an extension of the stop work order is necessary, it must be evidenced by a supplemental agreement signed by the parties. Any cancellation of a stop work order shall be subject to the same approvals as were required for the issuance of the order.
12.5 STOP WORK ORDERS
(a) Order to stop work. The chief procurement officer, may, by written order to the contractor, at any time, and without notice to any surety, require the contractor to stop all or any part of the work called for by this contract. This stop work order shall be for a specified period not exceeding sixty (60) days after the stop work order is delivered to the contractor unless the parties agree in writing to any further period. Any such stop work order shall be identified specifically as a stop work order issued pursuant to this subsection. Upon receipt of such a stop work order, the contractor shall forthwith comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to the work covered by the stop work order during the period of work stoppage. Before the stop work order expires, or within any further period to which the parties shall have agreed to in writing, the chief procurement officer shall either: (1) Cancel the stop work order; or (2) Terminate the work covered by such stop work order as provided in section 12.11 (TERMINATION FOR DEFAULT) or section 12.12 (TERMINATION FOR CONVENIENCE) of these GTCs.
(b) Cancellation or expiration of the stop work order. If a stop work order issued under this subsection is canceled at any time during the period specified in the stop work order, or if the period of the stop work order or any extension thereof expires, the contractor shall have the right to resume work. An appropriate adjustment shall be made in the delivery schedule or contract price, or both, and the contract shall be modified in writing accordingly, if: (1) The stop work order results in an increase in the time required for, or in the contractor's cost properly allocable to, the performance of any part of this contract; and (2) The contractor asserts a claim for such an adjustment within thirty (30) days after the end of the period of work stoppage; provided that, if the chief procurement officer decides that the facts justify such action, any such claim asserted may be received and acted upon at any time prior to final payment under this contract.
(c) Termination of stopped work. If a stop work order is not canceled and the work covered by such order is terminated for default or convenience, the reasonable costs
resulting from the stop work order shall be allowable by adjustment or otherwise.
(d) Adjustment of price. Any adjustment in contract price made pursuant to this clause shall be determined in accordance with section 12.8 (PRICE ADJUSTMENT) of these GTCs.
12.6 VARIATIONS IN QUANTITIES FOR DEFINITE QUANTITY CONTRACTS
Upon the agreement of the parties, the quantity of goods or services, or both, specified in this contract may be increased by a maximum of ten percent (10%) provided: (1) the unit prices will remain the same except for any price adjustments otherwise applicable; and (2) the chief procurement officer makes a written determination that such an increase will either be more economical than awarding another contract or that it would not be practical to award another contract.
12.7 VARIATIONS IN ESTIMATED QUANTITIES FOR INDEFINITE QUANTITY CONTRACTS
(a) Except as provided for in this section, no clause is provided here because in indefinite quantity contracts, the flexibility as to the County’s obligation to order, and the contractor's obligation to deliver, should be designed to meet using agency needs, while still making the contract as attractive as possible to potential contractors, to obtain maximum practicable competition, and to assure the best economy for the County. However, in each case, the contract shall state:
(1) The minimum quantity, if any, the County is obligated to order, and the contractor is required to provide;
(2) Whether there is a quantity the County expects to order and how this quantity relates to any minimum and maximum quantities that may be ordered under the contract;
(3) Any maximum quantity the County may order, and the contractor must provide; and
(4) Whether the County is obligated to order its actual requirements under the contract, or in the case of a multiple award as defined in §3-122-145, HAR, as amended, the County will order its actual requirements from the contractors under the multiple award subject to any minimum or maximum quantity stated.
12.8 PRICE ADJUSTMENT
(a) Any adjustment in contract price pursuant to a provision in the contract shall be made in one or more of the following ways:
(1) By agreement on a fixed price adjustment before commencement of the pertinent performance;
(2) By unit prices specified in the contract or subsequently agreed upon before commencement of the pertinent performance;
(3) By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon before commencement of the pertinent performance;
(4) In any other manner as the contracting parties may mutually agree upon before commencement of the pertinent performance; or
(5) In the absence of agreement between the parties, the provisions of §103D-501(b)(5), HRS, as amended, shall apply.
(b) The contractor shall be required to submit cost or pricing data if any adjustment in contract price is subject to the provisions of §103D-312, HRS, as amended. The submission of any cost or pricing data shall be made for any price adjustment subject to the provisions of subchapter 15, §3-122-123, HAR, as amended. A fully executed change order or other document permitting billing for the adjustment in price under any method listed in paragraphs (a)(1) through (a)(5) of this subsection shall be issued within ten (10) days after agreement on the method of adjustment.
12.9 NOVATION OR CHANGE OF NAME
(a) No assignment. No County contract is transferable, or otherwise assignable, without the written consent of the chief procurement officer or the head of the purchasing agency provided that a contractor may assign monies receivable under a contract after due notice to the County.
(b) Recognition of a successor in interest; assignment. When in the best interest of the County, a successor in interest may be recognized in an assignment agreement in which the transferor, the transferee, and the County shall agree that: the transferee assumes all of the transferor's obligations; the transferor remains liable for all obligations under the contract but waives all rights under the contract as against the County; and the transferor shall continue to furnish, and the transferee shall also furnish, all required bonds.
(c) Change of name. When a contractor requests to change the name in which it holds a contract with the County, the chief procurement officer responsible for the contract shall, upon receipt of a document indicating such change of name (for example an amendment to the articles of incorporation of the corporation), enter into an agreement with the requesting contractor to effect such a change of name. The agreement changing the name shall specifically indicate that no other terms and conditions of the contract are thereby changed.
(d) Reports. All change of name or assignment agreements effected hereunder other than by the chief procurement officer shall be reported to the chief procurement officer within thirty (30) days of the date that the agreement becomes effective.
12.10 CLAIMS BASED ON A PROCUREMENT OFFICER’S ACTIONS OR OMISSIONS
(a) Notice of claim. If any action or omission on the part of the chief procurement officer or his/her designee, requiring performance changes within the scope of the contract constitutes the basis for a claim by the contractor for additional compensation, damages, or an extension of time for completion, the contractor shall continue with performance of the contract in compliance with the directions or orders of such officials, but by so doing, the contractor shall not be deemed to have prejudiced any claim for additional compensation, damages, or an extension of time for completion; provided:
(1) The contractor shall have given written notice to the chief procurement officer or his/her designee:
(A) Prior to the commencement of the work involved, if at that time the contractor knows of the occurrence of such action or omission;
(B) Within thirty (30) days after the contractor knows of the occurrence of such action or omission, if the contractor did not have such knowledge prior to the commencement of the work;
(C) Within such further time as may be allowed by the chief procurement officer or his/her designee, in writing.
(2) This notice shall state that the contractor regards the act or omission as a reason which may entitle the contractor to additional compensation, damages, or an extension of time. The chief procurement officer, or his/her designee, upon receipt of such notice may rescind such action, remedy such omission, or take such other steps as may be deemed advisable;
(3) The notice required by subparagraph (1) describes as clearly as practicable at the time the reasons why the contractor believes that additional compensation, damages, or an extension of time may be remedies to which the contractor is entitled; and
(4) The contractor maintains and, upon request, makes available to the chief procurement officer or his/her designee, within a reasonable time, detailed records to the extent practicable, of the claimed additional costs or basis for an extension of time in connection with such changes.
(b) Limitation of clause. Nothing herein contained, shall excuse the contractor from compliance with any rules of law precluding any County officers and any contractor from acting in collusion or bad faith in issuing or performing change orders which are clearly not within the scope of the contract.
(c) Adjustments of price. Any adjustment in the contract price made pursuant to this subsection shall be determined in accordance with section 12.8 (PRICE ADJUSTMENT) of these GTCs.
12.11 TERMINATION FOR DEFAULT
(a) Termination for default. If the contractor refuses or fails to perform any of the provisions of this contract with such diligence as will ensure its completion within the time specified in this contract, or any extension thereof, otherwise fails to timely satisfy the contract provisions, or commits any other substantial breach of this contract, the chief procurement officer or his/her designee may notify the contractor in writing of the delay or non-performance, and if not cured in ten (10) days or any longer time specified in writing, the chief procurement officer or his/her designee may terminate the contractor's right to proceed with the contract or such part of the contract as to which there has been delay or other breach of contract. In the event of termination in whole or in part, the County may procure similar goods or services in a manner and upon terms deemed appropriate. The contractor shall continue performance of the contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services.
(b) Contractor’s duties. Notwithstanding termination of the contract and subject to any directions from the chief procurement officer or his/her designee, the contractor shall take timely, reasonable, and necessary action to protect and preserve property in the possession of the contractor in which the County has an interest.
(c) Compensation. Payment for completed goods delivered and accepted by the County shall be at the contract price. Payment for the protection and preservation of property shall be in an amount agreed upon by the contractor and the chief procurement officer; if the parties fail to agree, the chief procurement officer shall set an amount subject to the contractor’s rights under §3-126, HAR, as amended. The County may withhold from amounts due the contractor such sums as the Chief Procurement Officer deems to be necessary to protect the County against loss because of outstanding liens or claims of former lien holders and to reimburse the County for the excess costs incurred in procuring similar goods and services.
(d) Excuse for nonperformance or delayed performance. Except with respect to defaults of subcontractors, the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms, including any failure by the contractor to make progress in the prosecution of the work hereunder which endangers such performance, if the contractor has notified the chief procurement officer or his/her designee within fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the County and any other governmental body in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather; or for delay due to reasons beyond the contractor’s control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the contractor shall not be deemed to be in default, unless the goods or services to be furnished by the subcontractor were unreasonably obtainable from other sources in sufficient time to permit the contractor to meet the contract requirements. Upon request of the contractor, the chief procurement officer shall ascertain the facts and extent of such failure, and, if the chief procurement officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the contractor's progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the County under section 12.12 (TERMINATION FOR CONVENIENCE) for fixed-price contracts, and under section 12.13 (TERMINATION FOR COST-REIMBURSEMENT CONTRACTS) for cost-reimbursement contracts of these GTCs. As used in this subsection, the term "subcontractor" means subcontractor at any tier.
(e) Additional rights and remedies. The rights and remedies provided in this section 12.11 are in addition to any other rights and remedies provided by law or under this contract.
12.12 TERMINATION FOR CONVENIENCE
(a) Termination for convenience. The chief procurement officer may, when the interests of the County so require, terminate this contract in whole or in part, for the convenience of the County. The chief procurement officer shall give written notice of the termination to the contractor specifying the part of the contract terminated and when termination becomes effective.
(b) Contractor's obligations. The contractor shall incur no further obligations in connection with the terminated work and on the dates set in the notice of termination the contractor will stop work to the extent specified. The contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work subject to the County’s approval. The chief procurement officer may direct the contractor to assign the contractor's right, title, and interest under terminated orders or subcontracts to the County. The contractor must still complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so.
(c) Right to goods. The chief procurement officer may require the contractor to transfer title and deliver to the County in the manner and to the extent directed: any completed goods; and the partially completed goods and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights, hereinafter called "manufacturing material," as the contractor has specifically produced or specially acquired for the performance of the terminated part of this contract. The contractor shall, upon direction of the chief procurement officer, protect and preserve property in the possession of the contractor in which the County has an interest. If the chief procurement officer does not exercise this right, the contractor shall use best the contractor's efforts to sell such goods and manufacturing materials. Use of this section in no way implies that the County has breached the contract by exercise of the termination for convenience clause.
(d) Compensation.
(1) The contractor shall submit a termination claim specifying the amounts due based on the termination for convenience together with cost or pricing data to the extent required by subchapter 15, §3-122, HAR, as amended, bearing on such claim. If the contractor fails to file a termination claim within one (1) year from the effective date of termination, the chief procurement officer may pay the contractor, if at all, an amount set in accordance with subparagraph (3) below.
(2) The chief procurement officer and the contractor may agree to settlement provided the contractor has filed a termination claim supported by cost or pricing data to the extent required by subchapter 15, §3-122, HAR, as amended, and that the settlement does not exceed the total contract price plus settlement costs reduced by payments previously made by the County, the proceeds of any sales of goods and manufacturing materials under section 12.12(c) (RIGHT TO GOODS) of these GTCs, and the contract price of the work not terminated.
(3) Absent complete agreement under subparagraph (2), the chief procurement officer shall pay the contractor the following amounts, provided payments agreed to under subparagraph (2) shall not duplicate payments under this paragraph for the following:
(A) Contract prices for goods or services accepted under the contract.
(B) Costs incurred in preparation and performing the terminated portion of the work plus a five percent (5%) markup on actual direct costs on such portion of the work, such markup shall not include anticipatory profit or consequential damages, less amounts paid or to be paid for accepted goods or services; provided, that if it appears that the contractor would have sustained a loss if the entire contract would have been completed, no markup shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss.
(C) Subject to prior approval of the chief procurement officer, the costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to subparagraph (3)(B). Subcontractors shall be entitled to a markup of no more than ten percent (10%) on direct costs incurred to the date of termination. These costs must not include costs paid in accordance with subparagraph (3)(B).
(D) The total sum to be paid the contractor under this subparagraph (3) shall not exceed the total contract price reduced by the amount of payments otherwise made, the proceeds of any sales of goods and manufacturing materials under section 12.12(d)(2) (TERMINATION FOR CONVENIENCE) of these GTCs, and the contract price of work not terminated.
(e) Cost claimed, agreed to, or established under clauses (B) and (C) of subparagraph (3) shall be in accordance with §3-123, HAR, as amended.
12.13 TERMINATION FOR COST-REIMBURSEMENT CONTRACTS
The only cost recognized as allowable shall be in accordance with the cost principles set forth in §3-123, HAR, as amended, provided that if a written determination is approved by the chief procurement officer, such cost principle may be modified by the contract.
The submission of a bid shall constitute an acknowledgement upon which the County may rely that the Offeror has thoroughly examined, and is familiar with, all requirements and documents in accordance with the Solicitation, including any addenda and has reviewed and inspected all applicable statutes, regulations, and ordinances addressing or relating to the Solicitation and/or offer documents, including any offer pages, scope of work, Special Provisions, exhibits, General Terms and Conditions, Addenda (if any), and any other sections or documents attached to the Solicitation, and all applicable requirements by law. Submission of an offer shall be deemed verification of such reading and examination. No Offeror shall, in any way, by relieved of any obligation with respect to its offer or the contract due to its failure or neglect to secure, receive, examine, familiarize itself with, acquaint itself with, or understand the work requirements, the Solicitation and/or proposal documents, or any addenda hereto, applicable standards or requirements, or existing conditions, difficulties, restrictions or obstacles. No claim for additional compensation to the Offeror shall be allowed based on lack of knowledge or misunderstanding.
13.1 METHOD OF PAYMENT
Payments will be authorized by the chief procurement officer after completion of performance, or delivery and acceptance by the Officer-in-Charge of all goods, and services stipulated in the contract or Purchase Order. Payments will be made as soon thereafter as the regular course of business will allow; provided, however, that payments shall be made no later than thirty (30) days following receipt of the statement for goods received and services completed, and that all statutory and contractual requirements for final payment are satisfied.
13.2 FINAL PAYMENT
In accordance with §103-53, HRS, as amended, final payment under any contract of $25,000 or more shall not be made until the contractor has filed with the purchasing agency a tax clearance from the State Director of Taxation that all delinquent taxes levied or accrued under State statutes have been paid.
13.3 INTEREST
Interest on amounts ultimately determined to be due to a contractor or the County shall be payable at the statutory rate applicable to judgments against the County under §662, HRS, as amended, from the date the claim arose through the date of decision or judgment, whichever is later.
13.4 PROMPT PAYMENT BY CONTRACTORS TO SUBCONTRACTORS
(a) Generally. Any money paid to a contractor shall be disbursed to subcontractor within ten (10) days after receipt of the money in accordance with the terms of the subcontract; provided that the subcontractor has met all the terms and conditions of the subcontract and there are no bona fide disputes on which the procurement agency has withheld payment.
(b) Final payment. Upon final payment to the contractor, full payment to the subcontractor, including retainage, shall be made within ten (10) days after receipt of the money; provided that there are no bona fide disputes over the subcontractor's performance under the subcontract.
(c) Penalty. The Procurement Officer or the contractor, as applicable, will be subject to a penalty of one and one-half per cent (1.5%) per month upon outstanding amounts due that were not timely paid by the responsible party under the following conditions. Where a subcontractor has provided evidence to the contractor of satisfactorily completing all work under their subcontract and has provided a properly documented final payment request as described in section 13.4(d) (PROMPT PAYMENT BY CONTRACTORS TO SUBCONTRACTORS) of these GTCs, and:
(1) Has provided to the contractor an acceptable performance and payment bond for the project executed by a surety company authorized to do business in the State, as provided in §103-32.1, HRS, as amended; or
(2) The following has occurred:
(A) A period of ninety (90) days after the day on which the last of the labor was done or performed and the last of the material was furnished or supplied has elapsed without written notice of a claim given to contractor and the surety, as provided for in §103D-324, HRS, as amended; and
(B) The subcontractor has provided to the contractor, an acceptable release of retainage bond, executed by a surety company authorized to do business in the State, in an amount of not more than two times the amount being retained or withheld by the contractor; any other bond acceptable to the contractor; or any other form of mutually acceptable collateral, then, all sums retained or withheld from a subcontractor and otherwise due to the subcontractor for satisfactory performance under the subcontract shall be paid by the chief procurement officer to the contractor and subsequently, upon receipt from the chief procurement officer, by the contractor to the subcontractor within the applicable time periods specified in section 13.4(b) (PROMPT PAYMENT BY CONTRACTORS TO SUBCONTRACTORS) of these GTCs and §103-10, HRS, as amended. The penalty may be withheld from future payment due the contractor if the contractor was the responsible party. If a contractor has violated section 13.4(b) (PROMPT PAYMENT BY CONTRACTORS TO SUBCONTRACTORS) of these GTCs three or more times within two (2) years of the first violation, the contractor shall be referred by the chief procurement officer to the contractor’s respective license board for action under §444-17(14), HRS, as amended.
(d) Final payment request form. A properly documented final payment request from a subcontractor, as required by section 13.4(c) (PROMPT PAYMENT BY CONTRACTORS TO SUBCONTRACTORS) of these general terms and conditions, shall include:
(1) Substantiation of the amounts requested;
(2) A certification by the subcontractor, to the best of the subcontractor’s knowledge and belief, that:
(A) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the subcontract;
(B) The subcontractor has made payments due to its subcontractor and suppliers from previous payments received under the subcontract and will make timely payments from the proceeds of the payment covered by the certification, in accordance with their subcontract agreements and the requirements of this section; and
(C) The payment request does not include any amounts that the subcontractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of their subcontract; and
(3) The submission of documentation confirming that all other terms and conditions required under the subcontract agreement have been fully satisfied.
(4) The chief procurement officer shall return any final payment request that is defective to the contractor within seven (7) days after receipt, with a statement identifying the defect.
(5) In the case of a construction contract, a payment request made by a contractor to the chief procurement officer that includes a request for sums that were withheld or retained from a subcontractor and are due to a subcontractor may not be approved under section 13.4(c) (PROMPT PAYMENT BY CONTRACTORS TO SUBCONTRACTORS) of these general terms and conditions unless the payment request includes:
(A) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the subcontract;
(B) The subcontractor has made payments due to its subcontractor and suppliers from previous payments received under the contract and will make timely payments from the proceeds of the payment covered by the certification, in accordance with their subcontract agreements and the requirements of this section; and
(C) The payment request does not include any amounts that the contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of their subcontract.
(D) The chief procurement officer shall return any final payment request that is defective to the contractor within seven (7) days after receipt, with a statement identifying the defect.
(e) This section 13 of these GTCs shall not be construed to impair the right of a contractor or a subcontractor at any tier to negotiate and to include in their respective subcontracts provisions that provide for additional terms and conditions that are requested to be met before the subcontractor shall be entitled to receive final payment under section 13.4(c) (PROMPT PAYMENT BY CONTRACTORS TO SUBCONTRACTORS) of these GTCs; provided that any such payments withheld shall be withheld by the chief procurement officer.
Awards exceeding $50,000.00 shall require formal contracts.
Any contract entered into as a result of this bid or proposal shall be signed by a person authorized to sign and legally bind the entity and be duly notarized. Additionally, if the awarded bidder or proposer is a partnership or corporation, a copy of the appropriate partnership or corporation resolution authorizing that individual to enter into contracts on behalf of the partnership or corporation shall be provided by the awarded bidder/proposer with its executed contract.
14.1 HEADINGS
All headings are for convenience only and shall not affect the interpretation of this contract.
14.2 NO WAIVER
No failure of either County or contractor to insist upon the strict performance by the other of any covenant, term or condition of this contract, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this contract, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this contract, and each and every covenant, condition, and term hereof shall continue in full force and effect without respect to any existing or subsequent breach.
14.3 SEVERABILITY
The unenforceability, invalidity, or illegality of any provision of this contract shall not render any other provision of this contract unenforceable, invalid, or illegal.
14.4 DELEGATION OF AUTHORITY TO PROCUREMENT OFFICER
(a) Subject to subsection (b), unless a provision of the contract specifies that the authority to settle and resolve controversies and to issue decisions is reserved to the head of the purchasing agency, the authority is delegated to the chief procurement officer.
(b) The settlement or resolution of controversies involving claims in excess of fifty thousand dollars ($50,000.00) is subject to the prior written approval of the head of the purchasing agency. The chief procurement officer shall prepare a recommended decision for the head of purchasing agency.
14.5 DRAFTING AMBIGUITIES
The Parties acknowledge that they have the right to be advised by legal counsel with respect to the negotiations, terms and conditions of this contract, and the decision of whether to seek advice of legal counsel with respect to this contract is the sole responsibility of each Party. This contract shall not be construed in favor of or against either Party by reason of the extent to which each party participated in the drafting of the contract.
14.6 AMENDMENTS
Neither this contract nor any provision hereof may be changed, modified, amended or waived except by a written agreement executed by duly authorized representatives of County and contractor. Any alleged oral amendments have no force or effect.
14.7 SURVIVAL OF OBLIGATIONS
All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with this contract, as well as all continuing obligations indicated in this contract, shall survive, completion and acceptance of performance and termination, expiration or completion of the contract.
14.8 CONFIDENTIALITY OF SERVICES
All services performed by contractor, and any subcontractor(s) if applicable, including but not limited to all drafts, data, information, correspondence, proposals, reports of any nature, estimates compiled or composed by contractor, are for the sole use of County, its agents, and employees. Neither the documents nor their contents shall be released by contractor or any subcontractor to any third party without the prior written consent of County. This provision does not apply to information that: (1) was publicly known, or otherwise known to contractor, at the time it was disclosed to contractor by County; (2) subsequently becomes publicly known through no act or omission of contractor; or (3) otherwise becomes known to contractor other than through disclosure by County.
14.9 NO THIRD PARTY OBLIGATIONS
Except as may be specifically set forth in this contract, none of the provisions of this contract are intended to benefit any third party not specifically referenced herein. No party other than County and contractor shall have the right to enforce any of the provisions of this contract.
14.10 INSOLVENCY
If contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, contractor agrees to furnish, by certified mail or electronic commerce method
authorized by the contract, written notification of the bankruptcy to the purchasing agency and the Officer in Charge responsible for administering the contract. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of County contract numbers and contracting offices for all County contracts against which final payment has not been made. This obligation remains in effect until final payment is made under this contract.
14.11 ACTIONS OF THE COUNTY IN ITS GOVERNMENTAL CAPACITY
Nothing in this contract shall be interpreted as limiting the rights and obligations of the County in its governmental or regulatory capacity.
14.12 GOVERNING LAW
This contract shall be deemed to be made under, construed in accordance with, and governed by the laws of the State of Hawai‘i without regard to the conflicts or choice of law provisions hereof.
14.13 COUNTERPARTS
This contract may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding on the parties as of the date of the last signature. Delivery of counterpart may be effectuated by transmitting a signed signature page by emailed PDF or other mutually agreeable electronic means.
14.14 NOTICES REQUIRED UNDER EXECUTED CONTRACT
Any notice required to be given by a party to this contract shall be (a) delivered personally, or (b) sent by United States first class mail, postage prepaid (or by a recognized
courier service, such as Federal Express or UPS), or (c) sent by email. Notice to the County shall be sent to the Officer-in-Charge’s mailing address or email address indicated in the contract. Notice to the contractor shall be sent to the contractor’s mailing address or email address indicated in the contract. A notice shall be deemed to have been received three (3) days after mailing or at the time of actual receipt, whichever is earlier. Either party may change its mailing address or email address by giving written notification of the change to the other party.
Prospective Offerors 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 his ability to furnish satisfactorily the goods or services being solicited by the County. 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 may be considered a non-responsible Offeror.
Prospective Offerors are directed to the Specifications for the requirements related to any brochures, specifications, and questionnaires that must be submitted with its offer.
Any protest regarding procurement law or procedure shall strictly follow the procedures described in Chapter 103D, Part VII, Hawai‘i Revised Statutes, as amended and Chapter 126, Hawai‘i Administrative Rules, Department of Accounting and General Services, Subtitle 11, Procurement Policy Board, as amended. All protests must be filed in writing to the Director of Finance of the County of Hawai‘i. It shall be the responsibility of any protester to review all public documents relating to this procurement, and his or any other bidder’s or proposer’s contract award within the applicable time period in accordance with applicable Hawai‘i law. While the County of Hawai‘i may make efforts to notify all participants of awards, failure to receive such notification shall not relieve any aggrieved bidder or proposer of their responsibility of reviewing public records on a timely basis and filing his or her protest within the applicable time period in accordance with applicable Hawai‘i law. Any protest shall be timely filed and either hand delivered to the Director of Finance of the County of Hawaiʻi or sent via certified or registered mail, return receipt requested, to the Director of Finance of the County of Hawaiʻi. The envelope shall be labeled “PROTEST” to expedite its handling at the County.
When submitting its offer, one (1) redacted copy of the offer shall be provided at the same time the offer is submitted via the Procurement Portal. In the redacted copy, Offerors shall properly redact any proprietary or confidential information. Any information redacted as confidential will remain confidential to the extent provided by law. Offers submitted to the County shall become the property of the County. Failure to redact proprietary and confidential information will result in the information being available for public inspection. The County shall not be liable for the public disclosure of any proprietary or confidential information that the Offeror did not redact, or properly redact.
No other action or proceeding involving this contract shall be commenced by either party except in the Circuit or District Courts of the Third Circuit, County of Hawai‘i, State of Hawai‘i; nor shall any action commenced in such court be removed or transferred to any other state or federal court.
The “General Terms and Conditions for Goods and Services,” including exhibits of appropriate contract and bond documents, dated May 10, 2023, shall be a part of any contract entered into as a result of this Solicitation. All bidders are responsible to be familiar with these general terms and conditions, a copy of which is on file at the Purchasing Division and will be made available to any interested person upon request at no charge. Where any conflict might appear, these Special Provisions shall take precedence over the General Terms and Conditions.
The prospective Offeror shall possess the following license(s) to cover the type of work contemplated for this IFB: TBD. If required by the Proposal, Specifications, or Special Provisions, all prospective Offerors shall provide adequate documentation of proper licensing, which shall be submitted at the time proposals are due. Failure to include the proper and adequate documentation of licensing may result in a rejection of the offer.
Liquidated damages, per section 10.7 of the General Terms and Conditions for Goods and Services, dated May 10, 2023, shall be assessed at one-tenth of one percent (0.1%) for each and every calendar day of delay or nonperformance and shall be pursued in accordance with section 10.7 of the General Terms and Conditions for Goods and Services dated May 10, 2023.
There are no licenses required for this IFB.
Award will be made with reasonable promptness to the lowest responsible, responsive bidder for this IFB, in accordance with HRS § 103D-302(h) and HRS § 103D-303(g) for an RFP.
The procuring department/division intends to use federal funds for this procurement. Prospective Offerors are directed to Special Provisions No. 23 for additional contractual requirements, pursuant to applicable federal law.
No federal funds will be used for this procurement.
For IFB awards, award will be made to lowest responsible bidder on a per item basis, bidders need not bid on all items. If savings can be realized, bidders may offer an “all-or-none” bid for groups of items in addition to the item prices they propose, based upon being awarded more than one item and being able to order and ship all simultaneously. If the “all-or-none” bid of any bidder is lower than the combined total of the lowest respective individual item bids by all bidders and funds are available to complete the order at the quantities listed, the “all-or-none” award may be made.
Offeror/Proposer is advised that if awarded a contract under this solicitation, for any single item exceeding $2,500.00, Offeror/Proposer shall, upon award of the contract, furnish proof of compliance with the requirements of §3-122-112, HAR:
Offeror shall produce documents to the procurement officer to demonstrate compliance with this section. Refer to the Method of Award provision herein for instructions on furnishing the documents that are acceptable to the County of Hawai‘i as proof of compliance with the above-mentioned requirements.
Upon award of the contract, the following requirements must be met:
Certificate of Vendor Compliance: Proof of a vendor’s compliance shall be mandatory for all awards $2,500.00 or greater. Acceptable proof shall be provided to the County upon award of the contract and for final payment of the contract. In lieu of the certificates referenced below, Contractor may make available proof of compliance through a state procurement office designated certification process (Hawai‘i Compliance Express or “HCE” compliance). HCE provides a vendor’s proof of compliance for the following:
As proof of compliance with the aforementioned, the purchasing agency shall verify Contractor compliance using HCE. Vendors can register with Hawai‘i Compliance Express at http://vendors.ehawaii.gov, which charges a nominal subscription fee and takes approximately two weeks to establish an account.
If a vendor is unable to obtain its “compliant” HCE certificate within a reasonable amount of time, and there is an urgent need for the requested good or service, the County of Hawai‘i, upon written notification to the winning bidder, may proceed to the next lowest responsive and responsible bidder.
LOWEST RESPONSIBLE/RESPONSIVE BIDDER: Award will be made with reasonable promptness to the lowest responsible, responsive bidder for this IFB/RFP, in accordance with HRS § 103D-302(h) and HRS § 103D-303(g) for an RFP.
Pursuant to Executive Order No. 142, County of Hawai‘i, dated February 11, 2005: During the performance of this contract, the contractor agrees as follows:
ALL OFFERORS AND/OR CONTRACTORS ARE CAUTIONED THAT THIS IS A PRICE TERM AGREEMENT WITHOUT ANY ESTIMATED QUANTITY, AND, IN FACT, AS FEW AS NONE OF ANY ITEM MAY BE PURCHASED, EVEN IF FORMAL CONTRACTS ARE COMPLETED.
Pursuant to Section 12.7 of the General Terms and Conditions for Goods and Services, dated May 10, 2023, and pursuant to Section 3-122-145, HAR, this is a multiple award contract and will be a contract resulting from an award of an indefinite quantity requirement for one or more similar goods that may result in an award to more than one bidder.
The bid award shall be made to the lowest responsive and responsible bidder who meets with the requirements and criteria as set forth in this solicitation. Should at any time, the first awarded bidder not be able to perform when called upon, the County has a right to call upon the next lowest responsive and responsible bidder and so forth until the order is satisfied.
The bidder/proposer shall not be debarred by the State of Hawai‘i or the United States Federal government at the time of bidding, and shall immediately notify the County of Hawai‘i should its debarment status change anytime during the agreement period.
If bidder or proposer is an officer or employee of the County of Hawai’i, or a business in which an officer or employee or officer or employee’s immediate family has a controlling interest, the provisions of Hawai'i County Code §2-83(c) must be complied with before a contract for goods or services may be entered into with any County agency.
No oral interpretations of the solicitation will be made to any Bidder. All questions and any explanations must be requested in writing and directed to the Bid/Proposal Contact specified in this solicitation. Oral explanations or instructions are not binding. Communications concerning this solicitation with other than the listed Bid/Proposal Contact or Purchasing staff may cause the Bidder/Proposer to be disqualified. Any information modifying a solicitation will be furnished to all Bidders/Proposers by addendum. Communications concerning this bid/proposal with someone other than the listed Bid/Proposal Contact may cause the Bidder/Proposer to be disqualified.
For RFPs, if, during discussions with priority-listed Proposers, there is a need for any substantial clarification or change in the RFP, the RFP shall be amended by an addendum to incorporate the clarification or change. Addenda to the RFP shall be distributed only to priority-listed proposers.
The procuring department/division intends to use federal funds for this procurement. The following provisions are hereby made a part of this Contract and are incorporated herein by reference. Please refer to the Appendix to Special Provisions for full language of the federal provisions applicable to this Contract. In some instances, the procuring department/agency may choose to attach its own document(s) showing all applicable federal provisions. In that case, the document showing all applicable federal provisions shall take precedence and prevail over paragraph 23 of these Special Provisions and the Appendix to Special Provisions.
REQUIRED FEDERAL PROVISIONS
Equal Employment Opportunity (41 C.F.R. § 60-1.4(b)), applies if solicitation involves construction work.
Davis-Bacon Act (29 C.F.R. § 5.5(a)), applies if solicitation involves construction work.
Copeland “Anti-Kickback” Act, applies if solicitation involves construction work greater than $2,000.
Contract Work Hours and Safety Standards Act (29 C.F.R. § 5.5(b)), applies if solicitation is greater than $100,000 and involves use of mechanics and laborers.
Rights to inventions made under a contract or agreement.
Clean Air Act and federal Water Pollution Control Act, applies if solicitation is greater than $150,000.
Debarment and Suspension, applies if solicitation is greater than $25,000.
Byrd Anti-Lobbying Amendment (also requires a certification), applies if solicitation is greater than $100,000.
Procurement of Recovered Materials, applies if solicitation includes work that involves the use of materials and the contract is for more than $10,000.
Prohibition on Contracting for Covered Telecommunications Equipment or Services.
Domestic Preferences for Procurements.
Procuring Department/Agency is responsible for including any additional federal provisions required by the federal grant award.
RECOMMENDED CONTRACT PROVISIONS
Access to Records.
Seal, Logo, and Flags.
Compliance with Federal Law, Regulations, and Executive Orders.
No obligation by Federal Government.
Program Fraud and False or Fraudulent Statements or Related Acts
Affirmative Socioeconomic Steps.
Copyright.
It is understood and agreed that any services to be provided in accordance with the terms of this contract may be terminated immediately, in whole or in part, upon a finding by the County that the services must be provided by public employees pursuant to Civil Service Laws or that such services will be discontinued. It is further understood that should such a finding be made, the County will not be liable under this contract for any resulting damages, and such a termination will not be considered a breach of this agreement.
It is understood and agreed that any services to be provided in accordance with the terms of this contract may be terminated immediately, in whole or in part, upon a finding by the County that the services must be provided by public employees pursuant to Civil Service Laws or that such services will be discontinued. It is further understood that should such a finding be made, the County will not be liable under this contract for any resulting damages, and such a termination will not be considered a breach of this agreement.
Director of Finance
County of Hawai‘i
Hilo, Hawai‘i
Dear Sir/Madam:
The undersigned hereby proposes to furnish and deliver the following goods or services: Furnish and deliver animal control and protection agency kennel technician uniforms for the County of Hawai’i for a period beginning on the date of Notice to Proceed, ending April 30, 2027, with four (4) one-year option periods., to ANIMAL CONTROL AND PROTECTION AGENCY, County of Hawai‘i, at 25 Aupuni St Ste 1008, Hilo, HI 96720, Hawai‘i, complete as specified, all in strict compliance with the Specifications and Special Provisions attached hereto and General Terms and Conditions for Goods and Services dated May 10, 2023, made a part hereof.
It is understood and agreed that the goods and/or services to be furnished are for the exclusive use of the County of Hawai‘i and are therefore exempt from Federal Excise Taxes and that the net bid price excludes such Federal Excise Tax. Please note that effective January 1, 2020, the maximum General Excise Tax rate that may be charged of Hawai‘i County is 4.7120%. The County of Hawai‘i is exempt from the City and County of Honolulu, 0.5% General Excise Tax Surcharge.
The undersigned further agrees that he has carefully read and understands the Proposal for this contract and that the Director of Finance, County of Hawai‘i, reserves the right to accept or reject any and/or all bids or proposals, or accept other than the low bid, if in his/her judgment, by so doing, it will be for the best interest of the public and the County of Hawai‘i.
All successful Offerors, for any single item exceeding $2,500.00, will be required to furnish proof of compliance with the requirements of § 3-122-112, Hawai‘i Administrative Rules (see Special Provisions No. 18).
Upon acceptance and award of this Proposal by the Director of Finance, the undersigned hereby agrees to enter into and execute the Contract as required by law within ten (10) calendar days after the award.
Please download the below documents, complete, and upload.
Insert number of days.
Example: Provide applicable amount, e.g., one-tenth of one percent (0.1%) or $150.00
Q (Embellishments?): Do any of the items require embellishments such as embroidery, printing, or patch sewings? If so, can you please provide details of what is needed on each item.
A: No embellishments required.
Q (Local Presence): Is a local presence or location required to be awarded this bid?
A: Local presence or location is not required to be awarded this bid.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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