Active SLED Opportunity · HAWAII · COUNTY OF HAWAII
AI Summary
County of Hawai‘i seeks bids for a one-year agreement (with option years) for tree trimming services around utility lines across the island. Work includes vegetation clearance, requires a specialty contractor license, and must comply with federal and local regulations. Bids due May 8, 2026.
Notice is hereby given that the County of Hawai'i is requesting bids for PRICE TERM AGREEMENT FOR TREE TRIMMING AROUND UTILITY LINES FOR THE COUNTY OF HAWAI’I. Bids are due no later than 2:00 pm on Friday, May 8, 2026. Bids must be submitted through the Procurement Portal at https://procurement.opengov.com/portal/hawaiicounty.
Please use the See What Changed link to view all the changes made by this addendum.
Revised Section 5.4 A to replace
"three (3) person crew consisting of a driver, tree trimmer (cutter) and a spotter (laborer)."
With
"two (2) person crew, with the driver also serving as either a tree trimmer or a spotter."
“During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
The County of Hawaii further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the County of Hawaii so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The County of Hawaii agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The County of Hawaii further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the County of Hawaii agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the County of Hawaii under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such County of Hawaii; and refer the case to the Department of Justice for appropriate legal proceedings.”
| Release Project Date: | April 22, 2026 |
| Question Submission Deadline: | May 1, 2026, 4:30pm |
| Bid Submission Deadline: | May 8, 2026, 2:00pm |
| Execute Contract*: | June 1, 2026 |
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.
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.
This bid is a Price Term Agreement for a one (1) year period beginning on the date of Notice to Proceed, and ending May 31, 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: June 1, 2027 – May 31, 2028
Option Year 2: June 1, 2028 – May 31, 2029
Option Year 4: June 1, 2030 – May 31, 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.
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.
Reserved
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.
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.
Item 1: To completely trim tree branches and other vegetation of various species and sizes away (minimum of twenty feet) from utility lines located in East Hawaii (Districts of South Hilo and Puna) complete as specified:
Item 2: To completely trim tree branches and other vegetation of various species and sizes away (minimum of twenty feet) from utility lines located in North Hawaii (Districts of North Hilo, Hamakua, North Kohala and South Kohala) complete as specified:
Item 3: To completely trim tree branches and other vegetation of various species and sizes away (minimum of twenty feet) from utility lines located in West Hawaii (Districts of South Kona and North Kona) complete as specified:
Item 4: To completely trim tree branches and other vegetation of various species and sizes away (minimum of twenty feet) from utility lines located in South Hawaii (District of Kau) complete as specified:
Work will be billed according to the following rates:
(i.e. required if scope of work under this Contract/Agreement involves insurable exposure(s).)
(e.g. Contracts with service providers providing professional services including but not limited to Accountants, Advertising, Architects & Engineers (design/build), Information Technology Services, Lawyers, Medical Professionals, Property Management, Security, Surveying, and other professionally licensed or certified professions.)
Coverage for any negligent acts, errors, or omissions while rendering, or failing to render, Professional Services. With limits of liability of not less than $1,000,000 each claim and $2,000,000 annual aggregate.
NOTE: Policy(s) may be written on either an occurrence or claims-made basis. If written on a claims-made basis, then the retroactive date must be shown as back to the date of, or prior to, the inception of this Contract. Such claims-made coverage must be maintained for at least five (5) years after completion of the Contract/Agreement of work).
(e.g. Contracts with any services, products, hardware/software related to Information Technology (IT))
The Contractor shall secure adequate technology errors and omissions insurance covering liabilities for financial loss resulting or arising from acts, errors of omissions in rendering computer or information technology services or from data damage/destruction/corruption, including without limitation, unauthorized access, unauthorized use, virus transmission, denial of service and loss of income from network security failures in connection with the services provided under the agreement with a minimum limit of TWO MILLION DOLLARS ($2,000,000) each claim and annual aggregate.
NOTE: If written on a claims-made basis, then the retroactive date must be shown as back to the date of, or prior to, the inception of this Contract. Such claims-made coverage must be maintained for at least five (5) years after completion of the Contract/Agreement of work).
(e.g. Contracts with any services, products, hardware/software related to Information Technology (IT))
The Contractor shall also secure adequate cyber risk liability insurance including privacy breach liability which shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses in connection with the services provided under this agreement with a minimum limit of $2,000,000 each claim. If written on a claims-made basis, then the retroactive date must be shown as back to the date of, or prior to, the inception of this Contract. Such claims-made coverage must be maintained for at least five (5) years after completion of the Contract/Agreement of work).
(e.g. Contracts with County of Hawaii properties rented, leased and/or maintained by contract.)
Tenant or Lessee, shall obtain property insurance coverage written on an all risk, replacement cost basis in an amount not less than 100% of the replacement cost of the building(s) and contents, including tenant improvements and betterments, made by the Tenant or Lessee, located on the premises. Lessee shall agree to be fully responsible for any deductible or self-insured retention, and to provide this coverage on a primary basis. including flood and windstorm.
Certificate of Insurance wording: “County of Hawai’i is included as “Loss Payee” as respect premises leased by, or on behalf of the Insured”.
F. Builder’s Risk G. Installation Floater
Note: Installation Floater - If not covered by Builders Risk, Contractor shall procure and maintain an Installation Floater to cover that portion of work to be constructed, installed, altered, or repaired.
Coverage for Builder’s Risk and/or Installation Floater policy(s) providing coverage to protect the interests of the County, Contractor, subcontractors, architects, and engineers, including property in transit and property on or off premises, which shall become part of the building, and/or Project.
Coverage shall be written on an All Risk, Replacement Cost, and Completed Value Form basis in an amount at least equal to 100% of the projected completed value of the Project as well as subsequent modifications of that sum, unless an agreed amount is otherwise stated between the County and the Contractor. The policy shall insure all work, labor, and materials furnished by the Contractor and the Contractor’s subcontractors against loss occasioned by fire, lighting, windstorm, theft, vandalism, malicious mischief, flood, earthquake, and collapse.
The amount of coverage for the perils of flood and earthquake may be subject to a sublimit. The sub-limit shall provide coverage of at least 25% of the full replacement cost. The policy shall also include coverage for debris removal and reasonable compensation for architect’s and engineer’s services and expenses required as a result of an insured loss. The Contractor shall endorse the policy with a manuscript endorsement eliminating the automatic termination of coverage in the event the building is occupied in whole or in part, or put to its intended use, or partially accepted by the County. The manuscript endorsement shall amend the automatic termination clause to only terminate coverage if the policy expires, is cancelled, the County’s interest in the building ceases, or the building is accepted or insured by the County.
Certificate of Insurance wording: “County of Hawai’i is included as Loss Payee on the Builder’s Risk and/or Installation Floater policy.”
Coverage for employee theft and dishonesty, forgery or alteration, burglary, computer fraud, counterfeit, funds transfer fraud, money and securities or any other similar risks. With limits of coverage of not less than $1,000,000.
(e.g. Contracts involving removal, abatement, encapsulation or other treatment, disposal or remediation of asbestos or other hazardous materials or exposure to pollutants or impairment of the environment.)
Coverage for minimum limits of not less than: $5,000,000 each claim and $5,000,000 annual aggregate for ongoing and completed operations. The policy shall provide coverage for damages against, but not limited to, third-party liability, clean-up, corrective action including assessment, remediation and defense costs. The policy may be written on either an occurrence form or claims made.
(e.g. Contracts involving removal, abatement, encapsulation or other treatment, disposal or remediation of asbestos or other hazardous materials or exposure to pollutants or impairment of the environment.)
Coverage for minimum limits of liability shall be $5,000,000 per occurrence/$5,000,000 annual aggregate.
The policy shall provide coverage for third-party liability, bodily injury, property damage, clean-up for a pollution incident, and corrective action including assessment remediation and defense costs. The policy may be written on either an occurrence or claims-made basis.
NOTE: Policy(s) may be written on either an occurrence or claims-made basis.
If written on a claims-made basis, then the retroactive date must be shown as back to the date of, or prior to, the inception of this Contract. Such claims-made coverage must be maintained for at least three (3) years after completion of the Contract.
NOTE: All Contractors must include the following provisions in full in any subcontracts.
Ҥ 5.5 Contract provisions and related matters.
Required contract clauses.
(1) Minimum wages.
(i) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. As provided in paragraphs (d) (Incorporation of contract clauses and wage determinations by reference) and (e) (Incorporation by operation of law) of this section, the appropriate wage determinations are effective by operation of law even if they have not been attached to the Contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) (Unfunded plans) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph (a)(4) (Apprentices and equal employment opportunity) of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (a)(1)(iii) of this section (Conformance)) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii) Frequently recurring classifications.
(A) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph (a)(1)(iii) (Conformance) of this section, provided that:
(1) The work to be performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;
(2) The classification is used in the area by the construction industry; and
(3) The wage rate for the classification bears a reasonable relationships to the prevailing wage rates contained in the wage determination.
(B) The Administrator will establish wage rates for such classifications in accordance with paragraph (a)(1)(iii)(A)(3) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
(iii) Conformance.
(A) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performance by a classification in the wage determination;
(2) The classification is used in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
(C) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(E) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs (a)(1)(iii)(C) and (D) of this section. The Contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph (a)(1)(iii)(C) or (D) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iv) Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(v) Unfunded plans. If the contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account asset for the meeting of obligations under the plan or program.
(vi) Interest. In the event of a failure to pay all or part of the wages required by the Contract, the Contractor will be required to pay interest on any underpayment of wages.
(2) Withholding.
(i) Withholding requirements. The County of Hawaii may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in paragraph (a) of this section for violation of this Contractor, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the Contractor under this Contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the Contractor liability for which the funds were withheld. In the event of a Contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (other otherwise working in construction or development of the project under a development statute) all or part of the wages required by the Contract, or upon the Contractor’s failure to submit the required records as discussed in paragraph (a)(3)(iv) of this section, the County of Hawaii may on its own initiative and after written notice to the Contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:
(A) A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;
(D) A contractor’s assignee(s);
(E) A contractor’s successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(3) Records and certified payrolls –
(i) Basic record requirements –
(A) Length of record retention. All regular payrolls and other basic records must be maintained by the Contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(B) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contribution or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(C) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph (a)(1)(v) of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141 (2)(B) of the Davis-Bacon Act, the Contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(D) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
(ii) Certified payroll requirements –
(A) Frequency and method of submission. The Contractor or subcontractor must submit weekly, for each week in which any DBA-or Related Acts-covered work is performed, certified payrolls to the appropriate awarding Federal agency if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the appropriate awarding Federal agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit
certified payrolls through an electronic system, as long as the electronic system requires a
legally valid electronic signature; the system allows the contractor, the contracting agency,
and the Department of Labor to access the certified payrolls upon request for at least 3
years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of submission in situations where the
contractor is unable or limited in its ability to use or access the electronic system.
(B) Information required.
The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph (a)(3)(i)(B) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or
its successor website. It is not a violation of this section for a prime contractor to require
a subcontractor to provide full Social Security numbers and last known addresses,
telephone numbers, and email addresses to the prime contractor for its own records,
without weekly submission by the subcontractor to the sponsoring government agency (or
the applicant, sponsor, owner, or other entity, as the case may be, that maintains such
records).
(C) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the Contractor or subcontractor, or the Contractor’s or subcontractor’s agent who pays or supervises the payment of the persons working on the Contract, and must certify the following:
(1) That the certified payroll for the payroll period contains the information required to be provided under paragraph (a)(3)(ii) of this section, the appropriate information and basic records are being maintained under paragraph (a)(3)(i) of this section, and such information and records are correct and complete;
(2) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.
(D) Use of Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (A)(3)(ii)(C) of this section.
(E) Signature. The signature by the Contractor, subcontractor, or the Contractor’s or subcontractor’s agent must be an original handwritten signature or a legally valid electronic signature.
(F) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(G) Length of certified payroll retention. The Contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
(iii) Contractors, subcontracts, and related documents. The Contractor or subcontractor must maintain this Contract or subcontract and related documents, including, without limitation, bids, proposals, and amendments, modifications, and extensions. The Contractor or subcontractor must preserve these Contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
(iv) Required disclosures and access –
(A) Required record disclosures and access to workers. The Contractor or subcontractor must make the records required under paragraphs (a)(3)(i) through (iii) of this section, and any other documents that the County of Hawaii or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the County of Hawaii or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.
(B) Sanctions for non-compliance with records and worker access requirements. If the Contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the Contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews, during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.
(C) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and laws known address, telephone number, and email address of each covered worker, and must provide them upon request to the appropriate awarding Federal agency if the agency is party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the County of Hawaii, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
(4) Apprentices and equal employment opportunity —
(i) Apprentices.
(A) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(B) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the age determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
(C) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph (a)(4)(i)(D) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(4)(i)(A) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.
(D) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor’s registered program must be observed.
(ii) Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The Contractor or subcontractor must insert in any subcontracts the clauses contained in paragraphs (a)(1) through (11) of this section, along with the applicable wage determination(s) and such other clauses or contract modifications as the appropriate awarding Federal agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the Contractor certifies that neither it nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
(iii) The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
(11) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
(i) Notifying any contractor or any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
(ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
(iv) Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.”
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.
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.
East Hawai’i
South Hilo District – Mr. Noble Kaili, 961-8636
Puna District – Mr. Loren Bisel, 966-5806
North Hawai’i
North Hilo & Hamakua District – Mr. Ernest Batacan, 775-7500
North & South Kohala District – Mr. Alvin “Taich” Chong, III, 887-3004
West Hawai’i
North & South Kona – Mr. Dale Gomes, 322-2877
South Hawai’i
Ka’u District – Mr. Leighton Ahnee, 938-9443
Reserved
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.
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.
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.
“Compliance with the Copeland “Anti-Kickback” Act.
Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.
Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12.”
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.
Reserved
An offer security deposit or bond is not required for this IFB.
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 calendar days from the date of the Notice to Proceed. The County of Hawai‘i may reject any bid failing to promise delivery within that time.
Ҥ 5.5 Contract Provisions and related matters.
(b) Contract Work Hours and Safety Standards Act (CWHSSA).
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $33 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages.
(i) Withholding process. The County of Hawaii, may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
(ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:
(A) A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;
(D) A contractor’s assignee(s);
(E) A contractor’s successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(4) Subcontracts. The Contractor or subcontractor must insert in any subcontracts the clauses contained in paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
(5) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
(i) Notifying any contractor or any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;
(ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the CWHSSA or this part;
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
(iv) Informing any other person about their rights under CWHSSA or this part.”
[NOTE: In addition to the required language from clauses (1) through (5) above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any other statutes cited in 29 C.F.R. § 5.1, the following provisions also apply.]
“Further Compliance with the Contract Work Hours and Safety Standards Act.
(1) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and last known address of each such employee, email address, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
(2) Records to be maintained under this provision shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the County of Hawaii and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job.”
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.
A pre-bid conference will not be held.
Reserved
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.
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.
Services must be completed by . The County of Hawai‘i may reject any bid failing to promise completion within that time.
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/goods procured must be delivered and completion of services by TBD calendar days from the date of the Notice to Proceed. The County of Hawai‘i may reject any bid failing to promise delivery within that time.
[NOTE: If the Rights to Inventions Made Under a Contract or Agreement provisions are applicable to this Contract, the procuring County department/agency shall provide the required language set forth in the federal awarding agency’s NOFO or other federal program guidance.]
[Procuring County department/agency shall include here the required provisions language].
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.
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.
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.
Reserved
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.
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.
Clean Air Act and federal Water Pollution Control Act, applies if solicitation is greater than $150,000.
“Clean Air Act.
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
The Contractor agrees to report each violation to the County of Hawaii and understands and agrees that the County of Hawaii will, in turn, report each violation as required to assure notification to the federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.
The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the federal awarding agency.
Federal Water Pollution Control Act.
The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
The Contractor agrees to report each violation to the County of Hawaii and understands and agrees that the County of Hawaii will, in turn, report each violation as required to assure notification to the pass-through entity, if applicable, the federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.
The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the federal awarding agency.”
Reserved
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.
No bid bonds or performance bonds will be required for this IFB/RFP.
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 following bid bonds or performance bonds are required for this IFB/RFP: [include which bonds are applicable].
| Release Project Date: | April 22, 2026 |
| Question Submission Deadline: | May 1, 2026, 4:30pm |
| Bid Submission Deadline: | May 8, 2026, 2:00pm |
| Execute Contract*: | June 1, 2026 |
*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.
Debarment and Suspension, applies if solicitation is greater than $25,000.
“Suspension and Debarment.
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The Contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by the County of Hawaii. If it is later determined that the Contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to the County of Hawaii, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”
Reserved
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.
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.
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.
Byrd Anti-Lobbying Amendment (also requires a certification), applies if solicitation is greater than $100,000.
“Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.”
NOTE: If applicable, contractors must sign and submit certification regarding lobbying. The County procuring department/agency is responsible for attaching the required certification to this Contract.
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.
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.
EXHIBITS
THE FOLLOWING EXHIBITS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. SHOULD THE COUNTY REQUIRE SUBMISSION OF THESE EXHIBITS, THEY WILL BE REQUESTED THROUGH THE VENDOR QUESTIONNAIRE.
Exhibit A Surety Bid/Proposal Bond
Exhibit B Performance Bond (Surety)
Exhibit C Performance Bond
Exhibit D Labor and Material Payment Bond (Surety)
Exhibit E Labor and Material Payment Bond
Exhibit F Reserved
Exhibit G Performance Bond (Surety) for Supplemental Agreement for Goods and Services
Exhibit H Performance Bond for Supplemental Agreement for Goods and Services
Exhibit I Contractor Acknowledgment
Exhibit J Surety Acknowledgment
EXHIBIT A
SURETY [BID] [PROPOSAL] BOND
Bond No. __________
KNOW TO ALL BY THESE PRESENTS:
That we, ________________________________________________________________,
(Full Name or Legal Title of Offeror)
as Offeror, hereinafter called Principal, and __________________________________________,
(Name of Bonding Company)
as Surety, hereinafter called Surety, a corporation authorized to transact business as a Surety
in the State of Hawaii, are held and firmly bound unto __________________________________,
(State/County Entity)
as Owner, hereinafter called Owner, in the penal sum of _________________________________
_______________________________________________________________________
(Required Amount of Bid Security)
Dollars ($______________), lawful money of the United States of America, for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS:
The Principal has submitted an offer for
.
(Project by Number and Brief Description)
NOW, THEREFORE:
The condition of this obligation is such that if the Owner shall reject said offer, or in the alternate, accept the offer of the Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such offer, and give such bond or bonds as may be specified in the solicitation or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof as specified in the solicitation then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed this _______ day of _______________, _______.
(Seal) ____________________________________
Name of Principal (Offeror)
____________________________________
Signature
____________________________________
Title
(Seal) ____________________________________
Name of Surety
____________________________________
Signature
____________________________________
Title
EXHIBIT B
PERFORMANCE BOND (SURETY)
KNOW TO ALL BY THESE PRESENTS:
That _________________________________________________________________,
(Full Legal Name and Street Address of Contractor)
as Contractor, hereinafter called Principal, and ______________________________________
____________________________________________________________________________
(Name and Street Address of Bonding Company)
as Surety, hereinafter called Surety, a corporation(s) authorized to transact business as a
surety in the State of Hawaii, are held and firmly bound unto the ______________________,
(State/County Entity)
its successors and assigns, hereinafter called Obligee, in the amount of __________________
____________________________________________________________________________
DOLLARS ($__________________), to which payment Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above-bound Principal has signed a Contract with Obligee on ___________________, for the following project:
hereinafter called Contract, which Contract is incorporated herein by reference and made a part hereof.
NOW THEREFORE, the condition of this obligation is such that:
If the Principal shall promptly and faithfully perform, and fully complete the Contract in strict accordance with the terms of the Contract as said Contract may be modified or amended from time to time; then this obligation shall be void; otherwise, to remain in full force and effect.
Surety to this Bond hereby stipulates and agrees that no changes, extensions of time, alterations, or additions to the terms of the Contract, including the work to be performed thereunder, and the specifications or drawings accompanying same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions, and agrees that they shall become part of the Contract.
In the event of Default by the Principal, of the obligations under the Contract, then after written Notice of Default from the Obligee to the Surety and the Principal and subject to the limitation of the penal sum of this bond, Surety shall remedy the Default, or take over the work to be performed under the Contract and complete such work, or pay moneys to the Obligee in satisfaction of the surety's performance obligation on this bond.
Signed this ________ day of _______________, _______.
(Seal) ___________________________________
Name of Principal (Contractor)
* __________________________________
Signature
___________________________________
Title
(Seal) ___________________________________
Name of Surety
* ___________________________________
Signature
___________________________________
Title
*ALL SIGNATURES MUST BE ACKNOWLEDGED
BY A NOTARY PUBLIC
EXHIBIT C
PERFORMANCE BOND
KNOW TO ALL BY THESE PRESENTS:
That we, ______________________________________________________________,
(Full Legal Name and Street Address of Contractor)
as Contractor, hereinafter called Contractor, is held and firmly bound unto the
_________________________, its successors and assigns, as Obligee, hereinafter called
(State/County Entity)
Obligee, in the amount of _______________________________________________________
____________________________________________________________________________
(Dollar Amount of Contract)
DOLLARS ($_________________), lawful money of the United States of America, for the payment of which to the said Obligee, well and truly to be made, Contractor binds itself, its heirs, executors, administrators, successors and assigns, firmly by these presents. Said amount is evidenced by:
¨ Legal tender;
¨ Share Certificate unconditionally assigned to or made payable at sight to
________________________________________________________________
Description _______________________________________________________
________________________________________________________________;
¨ Certificate of Deposit, No. _______________, dated ______________, issued by _____________________________________________________________,
drawn on ________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Cashier's Check No. ___________________, dated _______________, issued by _____________________________________________________________,
drawn on ________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Teller's Check No. _____________________, dated _______________, issued by _____________________________________________________________,
drawn on ________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ;
¨ Treasurer's Check No. _________________, dated _______________, issued by _____________________________________________________________,
drawn on ________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Official Check No. ____________________, dated ________________, issued by _____________________________________________________________,
drawn on ________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Certified Check No. ___________________, dated ______________, accepted by a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned ______________________________________
________________________________________________________________;
WHEREAS:
The Contractor has by written agreement dated __________________ entered into a contract with Obligee for the following Project: ______________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________________________________________________________________________________________________
hereinafter called Contract, which Contract is incorporated herein by reference and made a part hereof.
NOW, THEREFORE,
The condition of this obligation is such that, if Contractor shall promptly and faithfully perform the Contract in accordance with, in all respects, the stipulations, agreements, covenants and conditions of the Contract as it now exists or may be modified according to its terms, and shall deliver the Project to the Obligee, or to its successors or assigns, fully completed as in the Contract specified and free from all liens and claims and without further cost, expense or charge to the Obligee, its officers, agents, successors or assigns, free and harmless from all suits or actions of every nature and kind which may be brought for or on account of any injury or damage, direct or indirect, arising or growing out of the doing of said work or the repair or maintenance thereof or the manner of doing the same or the neglect of the Contractor or its agents or servants or the improper performance of the Contract by the Contractor or its agents or servants or from any other cause, then this obligation shall be void; otherwise it shall be and remain in full force and effect.
AND IT IS HEREBY STIPULATED AND AGREED that suit on this bond may be brought before a court of competent jurisdiction without a jury, and that the sum or sums specified in the said Contract as liquidated damages, if any, shall be forfeited to the Obligee, its successors or assigns, in the event of a breach of any, or all, or any part of, the covenants, agreements, conditions, or stipulations contained in the Contract or in this bond in accordance with the terms thereof.
The amount of this bond may be reduced by and to the extent of any payment or payments made in good faith hereunder.
Signed this ________ day of _______________, _______.
(Seal) ___________________________________
Name of Contractor
* ___________________________________
Signature
___________________________________
Title
*ALL SIGNATURES MUST BE ACKNOWLEDGED
BY A NOTARY PUBLIC
EXHIBIT D
LABOR AND MATERIAL PAYMENT BOND (SURETY)
KNOW TO ALL BY THESE PRESENTS:
That _________________________________________________________________,
(Full Legal Name and Street Address of Contractor)
as Contractor, hereinafter called Principal, and ______________________________________
___________________________________________________________________________,
(Name and Street Address of Bonding Company)
as Surety, hereinafter called Surety, a corporation(s) authorized to transact business as a surety in the State of Hawaii, are held and firmly bound unto the ______________________,
(State/County Entity)
its successors and assigns, hereinafter called Obligee, in the amount of _________________
____________________________________________________________________________________ Dollars ($______________), to which payment Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above-bound Principal has signed Contract with the Obligee on ____________________ for the following project:
hereinafter called Contract, which Contract is incorporated herein by reference and made a part hereof.
NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor and materials supplied to the Principal for use in the performance of the Contract, then this obligation shall be void; otherwise, to remain in full force and effect.
1. Surety to this Bond hereby stipulates and agrees that no changes, extensions of time, alterations, or additions to the terms of the Contract, including the work to be performed thereunder, and the specifications or drawings accompanying same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions, and agrees that they shall become part of the Contract.
2. A "Claimant" shall be defined herein as any person who has furnished labor or materials to the Principal for the work provided in the Contract.
Every Claimant who has not been paid amounts due for labor and materials furnished for work provided in the Contract may institute an action against the Principal and its Surety on this bond at the time and in the manner prescribed in Section 103D-324, Hawaii Revised Statutes, and have the rights and claims adjudicated in the action, and judgment rendered thereon; subject to the Obligee's priority on this bond. If the full amount of the liability of the Surety on this bond is insufficient to pay the full amount of the claims, then after paying the full amount due the Obligee, the remainder shall be distributed pro rata among the claimants.
Signed this _______ day of ______________, _______.
(Seal) ___________________________________
Name of Principal (Contractor)
* ___________________________________
Signature
___________________________________
Title
(Seal) ___________________________________
Name of Surety
* __________________________________
Signature
__________________________________
Title
*ALL SIGNATURES MUST BE ACKNOWLEDGED
BY A NOTARY PUBLIC
EXHIBIT E
LABOR AND MATERIAL PAYMENT BOND
KNOW TO ALL BY THESE PRESENTS:
That we, ______________________________________________________________,
(Full Legal Name and Street Address of Contractor)
as Contractor, hereinafter called Contractor, is held and firmly bound unto the
___________________________, its successors and assigns, as Obligee, hereinafter called
(State/County Entity)
Obligee, in the amount of _______________________________________________________
____________________________________________________________________________
(Dollar Amount of Contract)
DOLLARS ($___________________), lawful money of the United States of America, for the payment of which to the said Obligee, well and truly to be made, Contractor binds itself, its heirs, executors, administrators, successors and assigns, firmly by these presents. Said amount is evidenced by:
¨ Legal tender;
¨ Share Certificate unconditionally assigned to or made payable at sight to
________________________________________________________________ Description _______________________________________________________
________________________________________________________________;
¨ Certificate of Deposit, No. ________________, dated ____________, issued by
________________________________________________________________,
drawn on ________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Cashier's Check No. ___________________, dated ______________, issued by ________________________________________________________________,
drawn on ________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Teller's Check No. _____________________, dated ______________, issued by _____________________________________________________________,
drawn on ________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ;
¨ Treasurer's Check No. __________________, dated _____________, issued by
________________________________________________________________,
drawn on ________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Official Check No. ____________________, dated ______________, issued by
________________________________________________________________,
drawn on ________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Certified Check No. ____________________, dated _____________, accepted by a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
WHEREAS:
The Contractor has by written agreement dated ____________________ entered into a contract with Obligee for the following Project: _____________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________
hereinafter called Contract, which Contract is incorporated herein by reference and made a part hereof.
NOW, THEREFORE,
The condition of this obligation is such that, if Contractor shall promptly and faithfully perform the Contract in accordance with, in all respects, the stipulations, agreements, covenants and conditions of the Contract as it now exists or may be modified according to its terms, free from all liens and claims and without further cost, expense or charge to the Obligee, its officers, agents, successors or assigns, free and harmless from all suits or actions of every nature and kind which may be brought for or on account of any injury or damage, direct or indirect, arising or growing out of the doing of said work or the repair or maintenance thereof or the manner of doing the same or the neglect of the Contractor or its agents or servants or the improper performance of the Contract by the Contractor or its agents or servants or from any other cause, and shall promptly pay all persons supplying labor and materials for the performance of the Contract, then this obligation shall be void; otherwise it shall be and remain in full force and effect.
AND IT IS HEREBY STIPULATED AND AGREED that suit on this bond may be brought before a court of competent jurisdiction without a jury, and that the sum or sums specified in the said Contract as liquidated damages, if any, shall be forfeited to the Obligee, its successors or assigns, in the event of a breach of any, or all, or any part of, the covenants, agreements, conditions, or stipulations contained in the Contract or in this bond in accordance with the terms thereof.
AND IT IS HEREBY STIPULATED AND AGREED that this bond shall inure to the benefit of any and all persons entitled to file claims for labor performed or materials furnished in said work so as to give any and all such persons a right of action as contemplated by Sections 103D‑324(d) and 103D‑324(e), Hawaii Revised Statutes.
The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment of mechanics' liens which may be filed of record against the Project, whether or not claim for the amount of such lien be presented under and against this bond.
Signed this ______ day of ________________, _______.
(Seal) ___________________________________
Name of Contractor
* ___________________________________
Signature
___________________________________
Title
*ALL SIGNATURES MUST BE ACKNOWLEDGED
BY A NOTARY PUBLIC
EXHIBIT F
[Reserved]
EXHIBIT G
PERFORMANCE BOND (SURETY)
FOR SUPPLEMENTAL AGREEMENT
FOR GOODS AND SERVICES
KNOW TO ALL BY THESE PRESENTS:
That _________________________________________________________________,
(Full Legal Name and Street Address of Contractor)
as Contractor, hereinafter called Principal, and ______________________________________
___________________________________________________________________________,
(Name and Street Address of Bonding Company)
as Surety, hereinafter called Surety, a corporation(s) authorized to transact business as a surety in the State of Hawaii, are held and firmly bound unto the ______________________,
(State/County Entity)
its successors and assigns, hereinafter called Obligee, in the amount of
____________________________________________________________________________
DOLLARS ($_______________), to which payment Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above-bound Principal has entered into a Contract with Obligee dated __________________ for _______________________________________________________
____________________________________________________________________________
____________________________________________________________________________
___________________________________________________________________________;
and entered into Supplemental Agreement No. ______, dated ______________ for the period _______________________________________;
hereinafter collectively called Contract, which Contract is incorporated herein by reference and made a part hereof.
NOW THEREFORE, the condition of this obligation is such that:
If the Principal shall promptly and faithfully perform, and fully complete the Contract in strict accordance with the terms of the Contract as said Contract may be modified or amended from time to time; then this obligation shall be void; otherwise, to remain in full force and effect.
Surety to this Bond hereby stipulates and agrees that no changes, extensions of time, alterations, or additions to the terms of the Contract, including the work to be performed thereunder, and the specifications or drawings accompanying same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions, and agrees that they shall become part of the Contract.
In the event of Default by the Principal, of the obligations under the Contract, then after written Notice of Default from the Obligee to the Surety and the Principal, Surety shall either remedy the Default, or take over the work to be performed under the Contract and complete such work, subject, however, to the limitation of the penal sum of this bond.
Signed this _______ day of ________________, _______.
(Seal) ___________________________________
Name of Principal (Contractor)
* ___________________________________
Signature
___________________________________
Title
(Seal) ___________________________________
Name of Surety
* ___________________________________
Signature
___________________________________
Title
*ALL SIGNATURES MUST BE ACKNOWLEDGED
BY A NOTARY PUBLIC
EXHIBIT H
PERFORMANCE BOND
FOR SUPPLEMENTAL AGREEMENT
FOR GOODS AND SERVICES
KNOW TO ALL BY THESE PRESENTS:
That we, ______________________________________________________________,
(Full Legal Name and Street Address of Contractor)
as Contractor, hereinafter called Contractor, is held and firmly bound unto the
______________________, its successors and assigns, as Obligee, hereinafter called Obligee,
(State/County Entity)
in the amount of ______________________________________________________________
(Dollar Amount of Contract)
DOLLARS ($__________________), lawful money of the United States of America, for the payment of which to the said Obligee, well and truly to be made, Contractor binds itself, its heirs, executors, administrators, successors and assigns, firmly by these presents. Said amount is evidenced by:
¨ Legal tender;
¨ Share Certificate unconditionally assigned to or made payable at sight to
_______________________________________________________________;
Description ______________________________________________________;
¨ Certificate of Deposit, No. _________________, dated _____________ issued by _____________________________________________________________,
drawn on ________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Cashier's Check No. ____________________, dated ______________, drawn on _____________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Teller's Check No. ______________________, dated ______________, drawn on _____________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Treasurer's Check No. ___________________, dated ______________, drawn on _____________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Official Check No. ______________________, dated _______________, drawn on _____________________________________________________________,
a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ____________________________________
________________________________________________________________;
¨ Certified Check No. ___________________, dated ________________, accepted by a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or unconditionally assigned to ___________________________
________________________________________________________________;
WHEREAS:
The Contractor has by written agreement dated _________________ entered into a contract with Obligee for the following Project: ______________________________________
____________________________________________________________________________
____________________________________________________________________________
and entered into Supplemental Agreement No. _______, dated _____________ for the period ____________________________________________; hereinafter collectively called Contract, which Contract is incorporated herein by reference and made a part hereof.
NOW, THEREFORE,
The condition of this obligation is such that, if Contractor shall promptly and faithfully perform the Contract in accordance with, in all respects, the stipulations, agreements, covenants and conditions of the Contract as it now exists or may be modified according to its terms, and shall deliver the Project to the Obligee, or to its successors or assigns, fully completed as in the Contract specified and free from all liens and claims and without further cost, expense or charge to the Obligee, its officers, agents, successors or assigns, free and harmless from all suits or actions of every nature and kind which may be brought for or on account of any injury or damage, direct or indirect, arising or growing out of the doing of said work or the repair or maintenance thereof or the manner of doing the same or the neglect of the Contractor or its agents or servants or the improper performance of the Contract by the Contractor or its agents or servants or from any other cause, then this obligation shall be void; otherwise it shall be and remain in full force and effect.
AND IT IS HEREBY STIPULATED AND AGREED that suit on this bond may be brought before a court of competent jurisdiction without a jury, and that the sum or sums specified in the said Contract as liquidated damages, if any, shall be forfeited to the Obligee, its successors or assigns, in the event of a breach of any, or all, or any part of, the covenants, agreements, conditions, or stipulations contained in the Contract or in this bond in accordance with the terms thereof.
The amount of this bond may be reduced by and to the extent of any payment or payments made in good faith hereunder.
Signed this _______ day of _________________, _______.
(Seal) ___________________________________
Name of Contractor
* ___________________________________
Signature
___________________________________
Title
*ALL SIGNATURES MUST BE ACKNOWLEDGED
BY A NOTARY PUBLIC
EXHIBIT I
CONTRACTOR ACKNOWLEDGMENT
[FOR USE WITH PERFORMANCE AND PAYMENT BONDS]
CONTRACTOR ACKNOWLEDGMENT:
STATE OF ______________________)
: SS.
___________ COUNTY OF _________)
On this _________ day of ___________________, 20_____, before me appeared ____________________________ and ____________________________________
to me known to be the person(s) described in and, who, being by me duly sworn, did say that he/she/they is/are ____________________________ and ____________________________
of __________________________________________________________________________
the Contractor named in the foregoing instrument, and that he/she/they is/are authorized to sign said instrument in behalf of the Contractor, and acknowledges that he/she/they executed said instrument as the free act and deed of the Contractor.
___________________________________
(Notary Seal) Notary Public
State of ____________________________
My commission expires: ______________
EXHIBIT J
SURETY ACKNOWLEDGMENT
[FOR USE WITH SURETY PERFORMANCE AND PAYMENT BONDS]
SURETY ACKNOWLEDGMENT:
STATE OF __________________________)
: SS.
___________ COUNTY OF _____________)
On this ______ day of _______________, 20_____, before me personally came ___________________________________________ to me known to be the person described in and, who, being by me, did depose and say that ______ resides in ____________________; that ______ is the Attorney-in-Fact of _________________________________ the corporation described in and which executed the attached instrument; that _____ knows corporate seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; and that it was so affixed by order of the Board of Directors of the said corporation; and that _______ signed _________ name thereto by like order.
___________________________________
(Notary Seal) Notary Public
State of ____________________________
My commission expires: ______________
Reserved
Prospective Offerors are directed to the [Proposal/Special Provisions/Specifications] for the requirements related to any brochures, specifications, and questionnaires that must be submitted with its offer.
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.
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.
Procurement of Recovered Materials, applies if solicitation includes work that involves the use of materials and the contract is for more than $10,000.
“In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
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.
Awards exceeding $50,000.00 shall require formal contracts.
The prospective Offeror shall possess the following license(s) to cover the type of work contemplated for this IFB: A specialty contractor classification “C-27 Landscaping contractor” or a “C-27b Tree trimming and removal contractor,” per Chapter 444, Hawai‘i Revised Statutes. 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.
Reserved
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.
There are no licenses required for this IFB.
“Prohibition on Contracting for Covered Telecommunications Equipment or Services.
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the Contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit Contractors from providing—
(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii)Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.”
The procuring department/division intends to use federal funds for this procurement. Prospective Offerors are directed to the FEDERAL SPECIAL PROVISIONS for additional contractual requirements, pursuant to applicable federal law.
Reserved
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.
“Domestic Preference for Procurements.
As appropriate, and to the extent consistent with law, the Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.”
No federal funds will be used for this procurement.
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.
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.
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.
Reserved
“The Contractor agrees to provide the County of Hawaii, the State of Hawaii, the federal awarding agency, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
The Contractor agrees to provide the federal awarding agency administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.”
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.
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.
Reserved
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 Contractor shall not use the federal awarding agency’s seal(s), logos, crests, or reproductions of flags or likenesses of the federal awarding agency officials without specific pre-approval. The Contractor shall include this provision in any subcontracts.”
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.
Reserved
“This is an acknowledgement that federal financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable federal law, regulations, executive orders, federal policies, procedures, and directives.”
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:
Reserved
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.
“The federal government is not a party to this contract and is not subject to any obligations or liabilities to the County of Hawaii, Contractor, or any other party pertaining to any matter resulting from the contract.”
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.
Reserved
“The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”
Reserved
“If subcontracts are to be let, the prime Contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.”
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.
Reserved
“License and Delivery of Works Subject to Copyright and Data Rights.
The Contractor grants to the County of Hawaii, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County of Hawaii or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County of Hawaii data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County of Hawaii.”
Reserved
TBD
TBD
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 labor, material, and equipment to trim various trees around utility lines in various locations around Hawai’i Island, County of Hawai’i, for a one-year period beginning on June 1, 2026, and ending May 31, 2027, with four (4) additional one-year option years., to DEPARTMENT OF PUBLIC WORKS, County of Hawai‘i, at , 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. 6.18).
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.
Example: 30
Example: June 30, 2026
Example: June 30, 2026
Example: Provide applicable amount, e.g., one-tenth of one percent (0.1%) or $150.00
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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