Hawaii Island Farmer Education and Development Program

Agency: State Government of Hawaii
State: Hawaii
Type of Government: State & Local
Caegory:
  • U - Education and Training Services
Posted Date: Sep 20, 2018
Due Date: Oct 22, 2018
Solicitation No: OC-19-03
Bid Source: Please Login to View Page
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General Information

Department Solicitation Number OC-19-03
Jurisdiction Executive
Department Agriculture
Division Office of the Chair
Category Goods & Services
Type of Notice Competitive Sealed Proposal (RFP)
Solicitation Title Hawaii Island Farmer Education and Development Program
Solicitation Description The HDOA requests proposals for a qualified entity to develop a Hawaii Island Farmer Education and Development Program
Release Date 09/20/2018
Offer Due Date & Time (HST) 10/22/2018 12:00 PM
Other
Islands Hawaii
Comments --
Files 103D General Conditions.pdf
HAWAIIFARMER19 RFP.pdf
NOTICE TO BIDDERS_HAWAIIFARMER19.pdf
Commodity Code(s) 115115 Agriculture production or harvesting crews
541715 Agriculture research and development laboratories or services (except biotechnology and nanotechnology research and development)

Attachment Preview

GENERAL CONDITIONS
Table of Contents
Page(s)
1. Coordination of Services by the STATE .........................................................................................................2
2. Relationship of Parties: Independent Contractor Status and Responsibilities, Including Tax
Responsibilities................................................................................................................................................2
3. Personnel Requirements ..................................................................................................................................3
4. Nondiscrimination ...........................................................................................................................................3
5. Conflicts of Interest .........................................................................................................................................3
6. Subcontracts and Assignments ........................................................................................................................3
7. Indemnification and Defense...........................................................................................................................4
8. Cost of Litigation.............................................................................................................................................4
9. Liquidated Damages ........................................................................................................................................4
10. STATE'S Right of Offset.................................................................................................................................4
11. Disputes ...........................................................................................................................................................4
12. Suspension of Contract....................................................................................................................................4
13. Termination for Default...................................................................................................................................5
14. Termination for Convenience ..........................................................................................................................6
15. Claims Based on the Agency Procurement Officer’s Actions or Omissions...................................................8
16. Costs and Expenses .........................................................................................................................................8
17. Payment Procedures; Final Payment; Tax Clearance ......................................................................................9
18. Federal Funds ..................................................................................................................................................9
19. Modifications of Contract................................................................................................................................9
20. Change Order.................................................................................................................................................10
21. Price Adjustment ...........................................................................................................................................11
22. Variation in Quantity for Definite Quantity Contracts ..................................................................................11
23. Changes in Cost-Reimbursement Contract....................................................................................................11
24. Confidentiality of Material ............................................................................................................................12
25. Publicity.........................................................................................................................................................12
26. Ownership Rights and Copyright ..................................................................................................................12
27. Liens and Warranties .....................................................................................................................................12
28. Audit of Books and Records of the CONTRACTOR....................................................................................13
29. Cost or Pricing Data ......................................................................................................................................13
30. Audit of Cost or Pricing Data ........................................................................................................................13
31. Records Retention..........................................................................................................................................13
32. Antitrust Claims.............................................................................................................................................13
33. Patented Articles............................................................................................................................................13
34. Governing Law ..............................................................................................................................................14
35. Compliance with Laws ..................................................................................................................................14
36. Conflict between General Conditions and Procurement Rules .....................................................................14
37. Entire Contract...............................................................................................................................................14
38. Severability....................................................................................................................................................14
39. Waiver ...........................................................................................................................................................14
40. Pollution Control ...........................................................................................................................................14
41. Campaign Contributions................................................................................................................................14
42. Confidentiality of Personal Information........................................................................................................14
AG-008 103D General Conditions
1
GENERAL CONDITIONS
1. Coordination of Services by the STATE. The head of the purchasing agency (“HOPA”) (which term
includes the designee of the HOPA) shall coordinate the services to be provided by the CONTRACTOR in
order to complete the performance required in the Contract. The CONTRACTOR shall maintain
communications with HOPA at all stages of the CONTRACTOR'S work, and submit to HOPA for resolution
any questions which may arise as to the performance of this Contract. "Purchasing agency" as used in these
General Conditions means and includes any governmental body which is authorized under chapter 103D,
HRS, or its implementing rules and procedures, or by way of delegation, to enter into contracts for the
procurement of goods or services or both.
2. Relationship of Parties: Independent Contractor Status and Responsibilities, Including Tax Responsibilities.
a. In the performance of services required under this Contract, the CONTRACTOR is an "independent
contractor," with the authority and responsibility to control and direct the performance and details of
the work and services required under this Contract; however, the STATE shall have a general right to
inspect work in progress to determine whether, in the STATE'S opinion, the services are being
performed by the CONTRACTOR in compliance with this Contract. Unless otherwise provided by
special condition, it is understood that the STATE does not agree to use the CONTRACTOR
exclusively, and that the CONTRACTOR is free to contract to provide services to other individuals
or entities while under contract with the STATE.
b. The CONTRACTOR and the CONTRACTOR'S employees and agents are not by reason of this
Contract, agents or employees of the State for any purpose, and the CONTRACTOR and the
CONTRACTOR'S employees and agents shall not be entitled to claim or receive from the State any
vacation, sick leave, retirement, workers' compensation, unemployment insurance, or other benefits
provided to state employees.
c. The CONTRACTOR shall be responsible for the accuracy, completeness, and adequacy of the
CONTRACTOR'S performance under this Contract. Furthermore, the CONTRACTOR intentionally,
voluntarily, and knowingly assumes the sole and entire liability to the CONTRACTOR'S employees
and agents, and to any individual not a party to this Contract, for all loss, damage, or injury caused by
the CONTRACTOR, or the CONTRACTOR'S employees or agents in the course of their
employment.
d. The CONTRACTOR shall be responsible for payment of all applicable federal, state, and county
taxes and fees which may become due and owing by the CONTRACTOR by reason of this Contract,
including but not limited to (i) income taxes, (ii) employment related fees, assessments, and taxes,
and (iii) general excise taxes. The CONTRACTOR also is responsible for obtaining all licenses,
permits, and certificates that may be required in order to perform this Contract.
e. The CONTRACTOR shall obtain a general excise tax license from the Department of Taxation, State
of Hawaii, in accordance with section 237-9, HRS, and shall comply with all requirements thereof.
The CONTRACTOR shall obtain a tax clearance certificate from the Director of Taxation, State of
Hawaii, and the Internal Revenue Service, U.S. Department of the Treasury, showing that all
delinquent taxes, if any, levied or accrued under state law and the Internal Revenue Code of 1986, as
amended, against the CONTRACTOR have been paid and submit the same to the STATE prior to
commencing any performance under this Contract. The CONTRACTOR shall also be solely
responsible for meeting all requirements necessary to obtain the tax clearance certificate required for
final payment under sections 103-53 and 103D-328, HRS, and paragraph 17 of these General
Conditions.
f.
The CONTRACTOR is responsible for securing all employee-related insurance coverage for the
CONTRACTOR and the CONTRACTOR'S employees and agents that is or may be required by law,
and for payment of all premiums, costs, and other liabilities associated with securing the insurance
coverage.
AG-008 103D General Conditions
2
g. The CONTRACTOR shall obtain a certificate of compliance issued by the Department of Labor and
Industrial Relations, State of Hawaii, in accordance with section103D-310, HRS, and section 3-122-
112, HAR, that is current within six months of the date of issuance.
h. The CONTRACTOR shall obtain a certificate of good standing issued by the Department of
Commerce and Consumer Affairs, State of Hawaii, in accordance with section 103D-310, HRS, and
section 3-122-112, HAR, that is current within six months of the date of issuance.
i.
In lieu of the above certificates from the Department of Taxation, Labor and Industrial Relations, and
Commerce and Consumer Affairs, the CONTRACTOR may submit proof of compliance through the
State Procurement Office’s designated certification process.
3. Personnel Requirements.
a. The CONTRACTOR shall secure, at the CONTRACTOR'S own expense, all personnel required to
perform this Contract.
b. The CONTRACTOR shall ensure that the CONTRACTOR'S employees or agents are experienced
and fully qualified to engage in the activities and perform the services required under this Contract,
and that all applicable licensing and operating requirements imposed or required under federal, state,
or county law, and all applicable accreditation and other standards of quality generally accepted in
the field of the activities of such employees and agents are complied with and satisfied.
4. Nondiscrimination. No person performing work under this Contract, including any subcontractor, employee,
or agent of the CONTRACTOR, shall engage in any discrimination that is prohibited by any applicable
federal, state, or county law.
5. Conflicts of Interest. The CONTRACTOR represents that neither the CONTRACTOR, nor any employee or
agent of the CONTRACTOR, presently has any interest, and promises that no such interest, direct or indirect,
shall be acquired, that would or might conflict in any manner or degree with the CONTRACTOR'S
performance under this Contract.
6. Subcontracts and Assignments. The CONTRACTOR shall not assign or subcontract any of the
CONTRACTOR'S duties, obligations, or interests under this Contract and no such assignment or subcontract
shall be effective unless (i) the CONTRACTOR obtains the prior written consent of the STATE, and (ii) the
CONTRACTOR'S assignee or subcontractor submits to the STATE a tax clearance certificate from the
Director of Taxation, State of Hawaii, and the Internal Revenue Service, U.S. Department of Treasury,
showing that all delinquent taxes, if any, levied or accrued under state law and the Internal Revenue Code of
1986, as amended, against the CONTRACTOR'S assignee or subcontractor have been paid. Additionally, no
assignment by the CONTRACTOR of the CONTRACTOR'S right to compensation under this Contract shall
be effective unless and until the assignment is approved by the Comptroller of the State of Hawaii, as
provided in section 40-58, HRS.
a.
Recognition of a successor in interest. When in the best interest of the State, a successor in interest
may be recognized in an assignment contract in which the STATE, the CONTRACTOR and the
assignee or transferee (hereinafter referred to as the "Assignee") agree that:
(1) The Assignee assumes all of the CONTRACTOR'S obligations;
(2) The CONTRACTOR remains liable for all obligations under this Contract but waives all
rights under this Contract as against the STATE; and
(3) The CONTRACTOR shall continue to furnish, and the Assignee shall also furnish, all
required bonds.
b. Change of name. When the CONTRACTOR asks to change the name in which it holds this Contract
with the STATE, the procurement officer of the purchasing agency (hereinafter referred to as the
"Agency procurement officer") shall, upon receipt of a document acceptable or satisfactory to the
AG-008 103D General Conditions
3
Agency procurement officer indicating such change of name (for example, an amendment to the
CONTRACTOR'S articles of incorporation), enter into an amendment to this Contract with the
CONTRACTOR to effect such a change of name. The amendment to this Contract changing the
CONTRACTOR'S name shall specifically indicate that no other terms and conditions of this Contract
are thereby changed.
c.
Reports. All assignment contracts and amendments to this Contract effecting changes of the
CONTRACTOR'S name or novations hereunder shall be reported to the chief procurement officer
(CPO) as defined in section 103D-203(a), HRS, within thirty days of the date that the assignment
contract or amendment becomes effective.
d. Actions affecting more than one purchasing agency. Notwithstanding the provisions of
subparagraphs 6a through 6c herein, when the CONTRACTOR holds contracts with more than one
purchasing agency of the State, the assignment contracts and the novation and change of name
amendments herein authorized shall be processed only through the CPO's office.
7. Indemnification and Defense. The CONTRACTOR shall defend, indemnify, and hold harmless the State of
Hawaii, the contracting agency, and their officers, employees, and agents from and against all liability, loss,
damage, cost, and expense, including all attorneys' fees, and all claims, suits, and demands therefore, arising
out of or resulting from the acts or omissions of the CONTRACTOR or the CONTRACTOR'S employees,
officers, agents, or subcontractors under this Contract. The provisions of this paragraph shall remain in full
force and effect notwithstanding the expiration or early termination of this Contract.
8. Cost of Litigation. In case the STATE shall, without any fault on its part, be made a party to any litigation
commenced by or against the CONTRACTOR in connection with this Contract, the CONTRACTOR shall
pay all costs and expenses incurred by or imposed on the STATE, including attorneys' fees.
9. Liquidated Damages. When the CONTRACTOR is given notice of delay or nonperformance as specified in
paragraph 13 (Termination for Default) and fails to cure in the time specified, it is agreed the CONTRACTOR
shall pay to the STATE the amount, if any, set forth in this Contract per calendar day from the date set for
cure until either (i) the STATE reasonably obtains similar goods or services, or both, if the CONTRACTOR is
terminated for default, or (ii) until the CONTRACTOR provides the goods or services, or both, if the
CONTRACTOR is not terminated for default. To the extent that the CONTRACTOR'S delay or
nonperformance is excused under paragraph 13d (Excuse for Nonperformance or Delay Performance),
liquidated damages shall not be assessable against the CONTRACTOR. The CONTRACTOR remains liable
for damages caused other than by delay.
10. STATE'S Right of Offset. The STATE may offset against any monies or other obligations the STATE owes
to the CONTRACTOR under this Contract, any amounts owed to the State of Hawaii by the CONTRACTOR
under this Contract or any other contracts, or pursuant to any law or other obligation owed to the State of
Hawaii by the CONTRACTOR, including, without limitation, the payment of any taxes or levies of any kind
or nature. The STATE will notify the CONTRACTOR in writing of any offset and the nature of such offset.
For purposes of this paragraph, amounts owed to the State of Hawaii shall not include debts or obligations
which have been liquidated, agreed to by the CONTRACTOR, and are covered by an installment payment or
other settlement plan approved by the State of Hawaii, provided, however, that the CONTRACTOR shall be
entitled to such exclusion only to the extent that the CONTRACTOR is current with, and not delinquent on,
any payments or obligations owed to the State of Hawaii under such payment or other settlement plan.
11. Disputes. Disputes shall be resolved in accordance with section 103D-703, HRS, and chapter 3-126, Hawaii
Administrative Rules ("HAR"), as the same may be amended from time to time.
12. Suspension of Contract. The STATE reserves the right at any time and for any reason to suspend this
Contract for any reasonable period, upon written notice to the CONTRACTOR in accordance with the
provisions herein.
a.
Order to stop performance. The Agency 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 performance called for by this Contract. This order shall be for a specified
AG-008 103D General Conditions
4
period not exceeding sixty (60) days after the order is delivered to the CONTRACTOR, unless the
parties agree to any further period. Any such order shall be identified specifically as a stop
performance order issued pursuant to this section. Stop performance orders 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. Upon receipt of such an order, the CONTRACTOR shall forthwith comply with its terms and
suspend all performance under this Contract at the time stated, provided, however, the
CONTRACTOR shall take all reasonable steps to minimize the occurrence of costs allocable to the
performance covered by the order during the period of performance stoppage. Before the stop
performance order expires, or within any further period to which the parties shall have agreed, the
Agency procurement officer shall either:
(1) Cancel the stop performance order; or
(2) Terminate the performance covered by such order as provided in the termination for default
provision or the termination for convenience provision of this Contract.
b. Cancellation or expiration of the order. If a stop performance order issued under this section is
cancelled at any time during the period specified in the order, or if the period of the order or any
extension thereof expires, the CONTRACTOR shall have the right to resume performance. 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 performance 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 performance stoppage; provided that, if the Agency 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 performance. If a stop performance order is not cancelled and the
performance covered by such order is terminated for default or convenience, the reasonable costs
resulting from the stop performance order shall be allowable by adjustment or otherwise.
d. Adjustment of price. Any adjustment in contract price made pursuant to this paragraph shall be
determined in accordance with the price adjustment provision of this Contract.
13. Termination for Default.
a.
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 Agency procurement officer 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 by the Agency procurement officer, such officer 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 a failure to properly perform. In the event of termination in whole or in part, the
Agency procurement officer may procure similar goods or services in a manner and upon the terms
deemed appropriate by the Agency procurement officer. 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 Agency procurement officer, the CONTRACTOR shall take timely, reasonable, and
AG-008 103D General Conditions
5

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