REQUEST FOR PROPOSALS SEALED OFFERS FOR PROJECT MANAGEMENT FOR AIR CONDITIONING CHILLER REPLACEMENT WORK WILL BE RECEIVED UP TO 12 P.M.

Transcription

1 RELEASE DATE: FEBRUARY 2, 2015 REQUEST FOR PROPOSALS SEALED OFFERS FOR PROJECT MANAGEMENT FOR AIR CONDITIONING CHILLER REPLACEMENT WORK WILL BE RECEIVED UP TO 12 P.M. (HST) ON MONDAY, APRIL 20, 2015 TO COLLIERS INTERNATIONAL, 220 SOUTH KING STREET, #1800 HONOLULU, HAWAII DIRECT QUESTIONS RELATING TO THIS SOLICITATION TO CHIKAKO SAM DOLD, TELEPHONE (808) , FACSIMILE (808) (ATTN: SAM) OR AT Chikako Sam Oshiro Dold Property Manager Colliers International Real Estate Management Services (HI), LLC. Managing Agent for Maui Research & Technology Center

2 TABLE OF CONTENTS Page SECTION ONE: INTRODUCTION, TERMS AND KEY DATES 2 SECTION TWO: BACKGROUND AND SCOPE OF WORK 5 SECTION THREE: PROPOSAL FORMAT AND CONTENT 7 SECTION FOUR: EVALUATION CRITERIA AND CONTRACTOR SELECTION 12 SECTION FIVE: RFP PROCESS 16 SECTION SIX: SPECIAL PROVISIONS 23 SECTION SEVEN: ATTACHMENTS AND EXHIBITS 24 Attachment 1: INTENT TO BID FORM Attachment 2: OFFER FORM, OF-1 Attachment 3: OFFER FORM, OF-2 i

3 Notice to Offerors Colliers International Real Estate Management Services (HI), LLC. (Colliers) is requesting proposals for project management service to re-design the replacement of the air conditioner chiller system to improve energy efficiency, solicit bids, and to oversee the entire project to its completion and testing, at the Maui Research & Technology Center, Building A, located in 590 Lipoa Parkway, Kihei, Maui Beginning February 2, 2015, a hard copy of the RFP may be obtained at: Colliers International at: 220 South King Street, Suite 1800, Honolulu, Hawaii 96813; or requested by telephone: (808) or by sam.dold@colliers.com If you are interested in bidding, please register your company by submitting Intent to Bid form (Attachment 1) with Colliers. If you do not register, any addenda will not be sent to you, and your offer may be rejected and not considered for award. Prospective Offerors are invited to attend an informational conference, attendance at which is optional, to be held on Wednesday, March 18, 2015 at 10:00 am (HST) at the Maui Research & Technology Center, 590 Lipoa Parkway, Kihei, Maui. A brief site tour of the facility will follow. Attendance at the informational presentation is not mandatory and will not be a condition of Colliers acceptance of proposals. Colliers would like the informational conference to be relevant to attendees to better understand the services being requested. Colliers will accept written questions up to March 9, 2015 at 12:00 pm. (HST) from prospective Offerors so responses to the questions can be incorporated into the informational conference. Official responses to prospective Offerors timely written questions shall be made through written addenda issued to all prospective Offerors who have registered with Colliers. Proposals for services will be received up until 12:00pm (HST), Monday, April 20, 2015 at Colliers at its main office at 220 South King Street, Suite 1800, Honolulu, Hawaii. Colliers reserves the right to cancel this request for proposals and reject any and all proposals when it is in the best interest of Maui Research & Technology Center. Inquiries pertaining to this RFP may be directed to Chikako Sam Dold, Contracts Administrator, in writing to Colliers International, 220 South King Street, Suite 1800, Honolulu, Hawaii 96813, or by phone at , or to address sam.dold@colliers.com. 1

4 1.01 INTRODUCTION SECTION ONE INTRODUCTION, TERMS AND ACRONYMS, KEY DATES Colliers International Real Estate Management Services (HI), LLC (Hereinafter Colliers ) on behalf of High Technology Development Corporation, a State Agency is requesting proposals for project management service to 1) re-design a replacement of AC chiller, 2) solicit bids and 3) oversee the installation of the work and testing of the system upon completion TERMS AND ACRONYMS USED THROUGHOUT THE SOLICITATION BAFO CA DAGS GC GET GP = Best and Final Offer = Contract Administrator = Department of Accounting and General Services = General Conditions, issued by the Department of the Attorney General = General Excise Tax = General Provisions State = State of Hawaii, including its departments, agencies, and political subdivisions 1.03 CANCELLATION The Request for Proposals (RFP) may be cancelled and any or all proposals rejected in whole or in part, without liability to the State, when it is determined to be in the best interest of the State OFFICIAL CONTACT PERSON The official contact person for all communications regarding this RFP is: Chikako Sam Dold, Contract Administrator Colliers International 220 South King Street, Suite 1800 Honolulu, Hawaii Phone: (808) Fax: (808) sam.dold@colliers.com 2

5 1.06 PRE-PROPOSAL INFORMATIONAL CONFERENCE & SITE TOUR The purpose of the pre-proposal conference is to provide Offerors an opportunity to be briefed on this procurement and to ask any questions about this procurement. The preproposal conference is not mandatory; however, Offerors are encouraged to attend to gain a better understanding of the requirements of this RFP. Offerors are advised that anything discussed at the pre-proposal conference does not change any part of this RFP. All changes and/or clarifications to this RFP shall be done in the form of an addendum. The pre-proposal conference will be held as follows: Date: Wednesday, March 18, 2015 Time: Location: 10:00 AM Maui Research & Technology Center 590 Lipoa parkway Kihei, Maui INTENT TO BID Offeror is advised that if interested in responding to this solicitation, Offeror may choose to submit intent to Bid form (Attachment 1) to Colliers no later than March 2, :00 pm. This is to ensure that Colliers is aware of Offeror s interest. If Offeror does not submit such form, Offeror is in jeopardy of not receiving an addenda, if any, and its offer may be rejected and not considered for award. 4

6 SECTION TWO 2.01 PROJECT OVERVIEW AND HISTORY BACKGROUND AND SCOPE OF WORK The purpose of this RFP is to establish a contract with a qualified contractor (hereinafter referred to as Contractor ) to provide project management to replace the A/C chiller at the Building A, Maui Research & Technology Center (MRTC), located at 590 Lipoa Parkway, Kihei, Maui Maui Research and Technology Center (MRTC) MRTC is located in Kihei, Maui, and adjacent to the Maui High Performance Computing Center, above the Piilani Highway and Ellair Golf Course. Both the land and the building belong to State of Hawaii. Built in 1991, sitting on approximately 5.1 acres of land, MRTC consists of a concrete two-story building with 32,000 gross square feet (Building A), and onestory 8,000 gross square feet building with parking (Building B). The core of MRTC Building A is a multi-tenant facility whereas the Building B is leased to a single tenant which maintains the whole building including all utilities associated to it. The A/C chiller replacement work only applies to the Building A. The A/C chiller at MRTC is over 20 years old and is about to reach its life span. In order to reduce the number of breakdown and also to save on energy cost, the replacement of the aging A/C chiller is to be carried out. The scope includes salvaging and utilizing of the existing equipment (i.e. ducting, AHU, etc.) as much as possible. Furthermore, in an effort to achieve energy savings when the building is not fully occupied or after-hours, a new Energy Management System (EMS) will be installed SCOPE OF WORK This RFP is to seek project management service to: 1. Redesign and create specification for the replacement of the air conditioning chiller system. The redesign shall include the following conditions: a. Replace the existing rooftop 90 ton air-cooled chiller with a 90 ton air-cooled high efficiency chiller or a new chiller that is in quality and class equal to or superior than the original chiller. b. Use the existing duct system. c. The design to include recommendations to prolong the lifespan of the new air conditioning chiller such as installing a protective shelter. d. Install variable frequency drives (VFD) on chilled water pumps and air handling unit, and any other mechanical units, e. Install Energy Management System (EMS) controlling 4 quadrants of the facility independently, a. The EMS should include the capability of temperature control per quadrant basis and turning it on/off on a quadrant basis for special request use. f. The design to include the most cost effective way to have the ability to operate the air conditioning system for 24 hours, 7 days a week in one quadrant or to make a 5

7 recommendation for an alternative option to running a quadrant 24/7 (i.e. installing a separate split system). 2. Solicit for Colliers review and approval a minimum of three (3) qualified bids based on the scope and design as previously specified above. 3. Coordinate and oversee the removal of the existing system, installation of the new system. Provide weekly project management reports on status of the project completion. 4. Coordinate and test the new system to ensure the proper operation. 5. Provide close out reports, certifications of warranties and workman clearances upon completion of the project installation VENDOR QUALIFICATIONS This project will require the Offerors to have as a minimum the following qualifications: - Five (5) or more years of related experience - Experience working with building and property managers - Knowledge, use and design experience in the required fields, - Strong knowledge and/or experience in requested service(s) - A demonstrated internal Health and Safety Program - Ability to meet any required deadlines as demonstrated by prior project history - References from other employers directly related to the required services - Acceptance of Insurance Requirements as provided in this RFP TERM OF CONTRACT The contract shall be for a period of twelve (12) months and is intended to begin approximately on June 15, 2015 and end on May 31, Unless terminated, the Contractor and Colliers may extend the term of the contract for an additional period of six (6) months or portions thereof without the necessity of resoliciting, upon mutual agreement in writing at least sixty (60) days prior to the expiration of the contract. The contract price or commission paid to the Contractor for the extended period shall remain the same or as described in the offer. When interests of Colliers or the Contractor so require, Colliers or the Contractor may terminate the contract for convenience by providing six (6) weeks prior written notice to the other party CONTRACT ADMINISTRATOR For the purposes of this contract, Chikako Sam Dold, Property manager, (808) , or authorized representative, is designated the Contract Administrator. 6

8 SECTION THREE PROPOSAL FORMAT AND CONTENT 3.01 OFFEROR S AUTHORITY TO SUBMIT AN OFFER Colliers will not participate in determinations regarding an Offeror's authority to sell a product or service. If there is a question or doubt regarding an Offeror's right or ability to obtain and sell a product or service, the Offeror shall resolve that question prior to submitting an offer REQUIRED REVIEW Before submitting a proposal, each Offeror must thoroughly and carefully examine this RFP, any attachment, addendum, and other relevant document, to ensure Offeror understands the requirements of the RFP. Offeror must also become familiar with State, local, and Federal laws, statutes, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work required Should Offeror find defects and questionable or objectionable items in the RFP, Offeror shall notify the Colliers in writing prior to the deadline for written questions as stated in the RFP Schedule and Significant Dates, as amended. This will allow the issuance of any necessary corrections and/or amendments to the RFP by addendum, and mitigate reliance of a defective solicitation and exposure of proposal(s) upon which award could not be made PROPOSAL PREPARATION COSTS 3.04 TAX LIABILITY Any and all costs incurred by the Offeror in preparing or submitting a proposal shall be the Offeror s sole responsibility whether or not any award results from this RFP. Colliers shall not reimburse such costs Work to be performed under this solicitation is a business activity taxable under HRS Chapter 237, and if applicable, taxable under HRS Chapter 238. Contractor is advised that they are liable for the Hawaii GET at the current 4.5% for sales made on Oahu, and at the 4% rate for the islands of Hawaii, Maui, Molokai, and Kauai. If, however, an Offeror is a person exempt by the HRS from paying the GET and therefore not liable for the taxes on this solicitation, Offeror shall state its tax exempt status and cite the HRS chapter or section allowing the exemption Federal I.D. Number and Hawaii General Excise Tax License I.D. Offeror shall submit its current Federal I.D. No. and Hawaii General Excise Tax License I.D. number in the space provided on Offer Form, page OF-1, thereby attesting that the Offeror is doing business in the State and that Offeror will pay such taxes on all services provided to Colliers. 7

9 3.05 PROPERTY OF COLLIERS All proposals become the property of Colliers CONFIDENTIAL INFORMATION If an Offeror believes that any portion of a proposal, offer, specification, protest, or correspondence contains information that should be withheld from disclosure as confidential, then the Offeror shall inform the Contract Administrator named on the cover of this RFP in writing and provided with justification to support the Offeror s confidentiality claim. Price is not considered confidential and will not be withheld An Offeror shall request in writing nondisclosure of information such as designated trade secrets or other proprietary data Offeror considers to be confidential. Such requests for nondisclosure shall accompany the proposal, be clearly marked, and shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal EXCEPTIONS Should Offeror take any exception to the terms, conditions, specifications, or other requirements listed in the RFP, Offeror shall list such exceptions in this section of the Offeror s proposal. Offeror shall reference the RFP section where exception is taken, a description of the exception taken, and the proposed alternative, if any. Colliers reserves the right to accept or not accept any exceptions. No exceptions to statutory requirements of the General Conditions shall be considered PROPOSAL OBJECTIVES One of the objectives of this RFP is to make proposal preparation easy and efficient, while giving Offerors ample opportunity to highlight their proposals. The evaluation process must also be manageable and effective Proposals shall be prepared in a straightforward and concise manner, in a format that is reasonably consistent and appropriate for the purpose. Emphasis will be on completeness and clarity and content When an Offeror submits a proposal, it shall be considered a complete plan for accomplishing the tasks described in this RFP and any supplemental tasks the Offeror has identified as necessary to successfully complete the obligations outlined in this RFP The proposal shall describe in detail the Offeror s ability and availability of services to meet the goals and objectives of this RFP as stated in Section 2.02 SCOPE OF WORK Offeror shall submit a proposal that includes an overall strategy, timeline and plan for the work proposed as well as expected results and possible shortfalls. 8

10 3.09 PROPOSAL FORMS To be considered responsive, the Offeror s proposal shall respond to and include all items specified in this RFP and any subsequent addendum. Any proposal offering any other set of terms and conditions that conflict with the terms and conditions providing in the RFP or in any subsequent addendum may be rejected without further consideration Offer Form, Page OF-1. Offer Form, OF-1 is required to be completed using Offeror s exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable, in the appropriate space on Offer Form, OF-1 (SECTION SEVEN, Attachment 2). Failure to do so may delay proper execution of the Contract. The Offeror s authorized signature on the Offer Form, OF-1 shall be an original signature in ink, which shall be required before an award, if any, can be made. The submission of the proposal shall indicate Offeror s intent to be bound Offer Form, Page OF-2. Pricing shall be submitted on Offer Form OF-2 (SECTION SEVEN, Attachment 3). The price shall be the all-inclusive cost, including the GET, to Colliers. No other costs will be honored. Any unit prices shall be inclusive PROPOSAL CONTENTS Proposals must: Include a cover letter to confirm that the Offeror shall comply with the requirements, provisions, terms, and conditions specified in this RFP Include a signed Offer Form OF-1 with the complete name and address of Offeror s firm and the name, mailing address, telephone number, fax number, and address of the person Colliers should contact regarding the Offeror s proposal If subcontractor(s) will be used, append a statement to the cover letter from each subcontractor, signed by an individual authorized to legally bind the subcontractor and stating: a. The general scope of work to be performed by the subcontractor; b. The subcontractor s willingness to perform for the indicated Provide all of the information requested in this RFP in the order specified Be organized into sections, following the exact format using all titles, subtitles, and numbering, with tabs separating each section described below. Each section must be addressed individually and pages must be numbered. 9

11 a. Cover Letter b. Attachment 2, Offer Form OF-1, See Section c. Experience and Capabilities. 1) Company information and profile. 2) The number of years Offeror has been in business and the number of years Offeror has performed services specified by this RFP. 3) A list of key personnel and associated resumes for those who will be dedicated to this project. 4) A list of at least three (3) references from the Offeror's client listing that may be contacted by Colliers as to the Offeror's past and current job performance. Offeror shall provide names, titles, organizations, telephone numbers, and postal addresses. 5) A summary listing of judgments or pending lawsuits or actions against; adverse contract actions, including termination(s), suspension, imposition of penalties, or other actions relating to failure to perform or deficiencies in fulfilling contractual obligations against your firm. If none, so state. 6) A list of sample projects and/or examples of written plans. d. Proposal including an overall strategy, timeline and plan. e. Pricing. Attachment 3, Offer Form OF-2. See Section f. Exceptions. Section 3.07 g. Original Proposal and Copies to be Submitted. Offeror shall submit one (1) original proposal marked "ORIGINAL" and four (4) copies of the original marked "COPY". It is imperative to note that the Offeror submit only one original and the required number of copies. DO NOT SUBMIT MORE THAN ONE ORIGINAL. Offeror is encouraged to submit typewritten offers. If handwritten, it should be clearly printed. Offeror is cautioned that illegible offers of any item(s) may be automatically rejected to avoid any errors in interpretation by the reviewers during the evaluation process RECEIPT AND REGISTER OF PROPOALS Proposals will be received and receipt verified by Colliers on or after the date and time specified in Section One, or as amended. 10

12 3.12 BEST AND FINAL OFFER (BAFO) If Colliers determines a BAFO is necessary, it shall request one from the Offeror. The Offeror shall submit its BAFO and any BAFO received after the deadline or not received shall not be considered MODIFICATION PRIOR TO SUBMITTAL DEADLINE OR WITHDRAWAL OF OFFERS The Offeror may modify or withdraw a proposal before the proposal due date and time Any change, addition, deletion of attachment(s) or data entry of an Offer may be made prior to the deadline for submittal of offers MISTAKES IN PROPOSALS Mistakes shall not be corrected after award of contract When the Colliers knows or has reason to conclude before award that a mistake has been made, Colliers should request the Offeror to confirm the proposal. If the Offeror alleges mistake, the proposal may be corrected or withdrawn pursuant to this section 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 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 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 non-responsive 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. 11

13 SECTION FOUR EVALUATION CRITERIA AND CONTRACTOR SELECTION Evaluation criteria and the associated points are listed below. The award will be made to the responsible Offeror whose proposal is determined to be the most advantageous to MRTC based on the evaluation criteria listed in this section. The total number of points used to score this contract is ) Cost of services for Project Manager (40) 2) Previous experience, capability and proficiency in project management and redesigning A/C chiller replacement work (20) a. Number of years in the business and number of years performing services specified in this RFP b. Reference and client listings 3) Knowledge and proficiency with the A/C chiller system for commercial buildings. (20) 4) Project Proposal (20) a. Methodology b. Timeline c. Expected Results d. Possible Shortfalls 12

14 CONTRACTOR SELECTION AND CONTRACT AWARD 4.01 EVALUATION OF PROPOSALS Colliers on behalf of HTDC shall evaluate proposals. The evaluation will be based solely on the evaluation criteria set out in Section Four of this RFP. Prior to holding any discussion, a priority list shall be generated consisting of offers determined to be acceptable or potentially acceptable. However, proposals may be accepted without such discussions. If numerous acceptable and potentially acceptable proposals are submitted, the evaluation committee may limit the priority list to the three highest ranked, responsible Offerors DISCUSSION WITH PRIORITY LISTED OFFERORS Colliers may invite priority listed Offerors to discuss their proposals to ensure thorough, mutual understanding. Colliers in its sole discretion shall schedule the time and location for these discussions, generally within the timeframe indicated in RFP Schedule and Significant Dates. Colliers may also conduct discussions with priority listed Offerors to clarify issues regarding the proposals before requesting Best and Final Offers, if necessary AWARD OF CONTRACT Method of Award. Award will be made to the responsible Offeror whose proposal is determined to be the most advantageous to Colliers based on the evaluation criteria set forth in the RFP RESPONSIBILITY OF OFFERORS Offeror is advised that in order to be awarded a contract under this solicitation, Offeror will be required, to be compliant with all laws governing entities doing business in the State including the following chapters and pursuant to HRS 103D-310(c): 1. Chapter 237, General Excise Tax Law; 2. Chapter 383, Hawaii Employment Security Law; 3. Chapter 386, Worker s Compensation Law; 4. Chapter 392, Temporary Disability Insurance; 5. Chapter 393, Prepaid Health Care Act; and D-310(c), Certificate of Good Standing (COGS) for entities doing business in Hawaii PROPOSAL AS PART OF THE CONTRACT This RFP and all or part of the successful proposal shall be incorporated into the contract. 13

15 4.06 CONTRACT EXECUTION Successful Offeror receiving award shall enter into a formal written contract with Colliers International. No performance or payment bond is required for this contract. No work is to be undertaken by the Contractor prior to the effective date of contract. Colliers is not liable for any work, contract, costs, expenses, loss of profits, or any damages whatsoever incurred by the Contractor prior to the official starting date. If an option to extend is mutually agreed upon, the Contractor shall be required to execute a supplement to the contract for the additional extension period INSURANCE Prior to the contract start date, the Contractor shall procure at its sole expense and maintain insurance coverage acceptable to Colliers in full force and effect throughout the term of the Contract. The Offeror shall provide proof of insurance for the following minimum insurance coverage(s) and limit(s) in order to be awarded a contract. The type of insurance coverage is listed as follows: 1. Commercial General Liability Insurance Commercial general liability insurance coverage against claims for bodily injury and property damage arising out of all operations, activities or contractual liability by the Contractor, its employees and subcontractors during the term of the Contract. This insurance shall include the following coverage and limits specified or required by any applicable law: bodily injury and property damage coverage with a minimum of $1,000,000 per occurrence; personal and advertising injury of $1,000,000 per occurrence; broadcasters liability insurance of $1,000,000 per occurrence; and with an aggregated limit of $2,000,000. The commercial general liability policy shall be written on an occurrence basis and the policy shall provide legal defense costs and expenses in addition to the limits of liability stated above. The Contractor shall be responsible for payment of any deductible applicable to this policy. 2. Automobile Liability Insurance Automobile liability insurance covering owned, non-owned, leased, and hired vehicles with a minimum of $1,000,000 for bodily injury for each person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage for each accident. 3. Appropriate levels of per occurrence insurance coverage for workers compensation and any other insurance coverage required by Federal or State law The Contractor shall forward Colliers on or before the effective date of the Contract, certificate(s) of insurance necessary to Colliers that the 14

16 provisions of the Contract have been complied with, and to keep such insurance in effect and provide the certificate(s) of insurance to Colliers during the entire term of the Contract. Upon request by Colliers, the Contractor shall furnish a copy of the policy or policies The Contractor will immediately provide written notice to Colliers and contracting department or agency should any of the insurance policies evidenced on its Certificate of Insurance form be cancelled, limited in scope, or not renewed up expiration The certificates of insurance shall contain the following clauses: 1. As respects to operations performed at Maui Research & Technology Center, the following entities should be added as additionally insureds a) State of Hawaii, b) High Technology Development Corporation, and c) Colliers International Real Estate Management Services (HI), LLC, 2. It is agreed that any insurance maintained by the State of Hawaii will apply in excess of, and not contribute with, insurance provided by this policy Failure of the Contractor to provide and keep in force such insurance shall constitute a material default under the Contract, entitling Colliers to exercise any or all of the remedies provided in the Contract (including without limitation terminating the Contract). The procuring of any required policy or policies of insurance shall not be construed to limit the Contractor s liability hereunder, or to fulfill the indemnification provisions of the Contract. Notwithstanding said policy or policies of insurance, the Contractor shall be responsible for the full and total amount of any damage, injury, or loss caused by the Contractor s negligence or neglect in the provision of services under the Contract PAYMENT The payment arrangement shall be made as a part of the proposal CONTRACT INVALIDATION If any provision of this contract is found to be invalid, such invalidation will not be construed to invalidate the entire contract. 15

17 SECTION FIVE RFP PROCESS 5.01 OVERVIEW OF THE RFP PROCESS The following is a general overview of the RFP process. Further detail and explanation of each step is provided in the sections referenced below. A. The open bidding process begins with the issuance of the RFP and the formal response to any written questions or inquiries regarding the RFP. Changes to the RFP will be made only by Addendum. B. A non-mandatory informational Conference will be held by Colliers for all prospective Offerors. C. Written questions regarding the RFP will be accepted until the deadline provided in Section Deadline to Submit Formal Written Inquires After Informational Conference. D. Formal responses to written questions and changes to the RFP will be made only by Addendum. E. Proposals shall be prepared in accordance with the requirements of this RFP and follow the additional guidelines in Section F. Proposals must be received by the date and time provided in Section 1.05 RFP Schedule and Significant Dates, as evidenced by the Colliers time clock. G. The evaluation committee along with contract administrator shall evaluate the proposals in accordance with the evaluation criteria in Section Four. H. Any Offeror is allowed to modify or withdraw their proposal prior to the established proposal due date by following the procedure described in Section I. All proposals and other material submitted by Offerors become the property of Colliers International. J. Colliers reserves the right to request additional information or have discussions and presentations from the priority listed Offerors prior to the submission of the best and final offer (BAFO). K. If during discussions there is a need for any substantial clarification or change in the RFP, the RFP shall be amended by an addendum to incorporate such clarification or change. Addenda to the RFP shall be distributed only to priority listed Offerors who submit acceptable or potentially acceptable proposals. L. Following any discussions, Priority Listed Offerors will be invited to submit their BAFO, if required. The Procurement Officer or an evaluation committee reserves the right to have additional rounds of discussions with the top three (3) Priority Listed Offerors prior to the submission of the BAFO. 16

18 M. The date and time for Offerors to submit their BAFO, if any, is indicated in Section 1.05, RFP Schedule and Significant Dates. If Offeror does not submit a notice of withdrawal or a BAFO, the Offeror s immediate previous offer shall be construed as its BAFO. N. After receipt and evaluation of the BAFOs in accordance with the evaluation criteria in Section Four, the evaluation committee makes its recommendation. Based on the recommendation, the contract administrator will award the contract to the Offeror whose proposal is determined to be the most advantageous to MRTC taking into consideration price and the evaluation factors set forth in Section Four. O. The contract administrator reserves the right to determine what is in the best interest of MRTC for purposes of reviewing and evaluating proposals submitted in response to the RFP. The contract administrator will conduct a comprehensive, fair and impartial evaluation of proposals received in response to the RFP. P. The RFP, any addenda issued, and the successful Offeror's proposal shall become a part of the contract. All proposals shall become the property of Colliers ISSUANCE OF THE RFP The Notice will be posted on the State and County Procurement Notice website at: and on the State of Hawaii procurement notice website INFORMATIONAL CONFERENCE AND SITE TOUR An Informational Conference and site tour of the Maui Research & Technology Center will take place at the date, time, and place specified in Section The site tour of MRTC will take place immediately following the Information Conference. This Informational Conference and site tour is strongly suggested for all Offerors. Offerors may submit written inquiries to be answered at the informational conference by the date specified in Section 1.05 under Deadline to Submit Written Inquiries: To be answered at the Informational Conference. These inquiries, and new oral questions as time permits, will be answered at the Informational Conference. Spontaneous answers to these oral questions will be provided by Colliers; however, Offerors must understand that responses to the oral questions will not be binding on Colliers. If an Offeror wishes to receive a formal answer to oral questions arising from discussions at the informational conference, the Offeror must submit such questions to the contact person specified in Section 1.04 by the date specified in Section 1.05 under Deadline to Submit Formal Written Inquiries After Informational Conference. 17

19 5.04 REQUIRED REVIEW Offeror shall carefully review this solicitation for defects and questionable or objectionable matter. Comments concerning defects and questionable or objectionable matter must be made in writing and should be received by Colliers prior to the deadline for written questions as stated in the RFP Schedule and Significant Dates, Section This will allow issuance of any necessary corrections and/or amendments to the RFP. It will help prevent the opening of a defective solicitation and exposure of Offeror s proposal upon which award could not be made. Any exceptions taken to the terms, conditions, specifications, or other requirements listed herein, must be listed in the Exceptions section of the Offeror s proposal, if the exception is unresolved by the Proposal Due date QUESTIONS PRIOR TO OPENING OF PROPOSALS All questions must be submitted in writing and directed to the Contact Person specified in Section The State will respond to written questions by the date indicated in Section 1.05 RFP Schedule and Significant Dates, under Deadline to Submit Formal Written Inquiries After Informational Conference or as amended. Written inquiries must be received by the contact person as specified in Section 1.04 by that date and time, not simply post marked. Written inquiries must state the page, paragraph, and line or sentence of the RFP to which the question relates. All written inquiries received by the final deadline for written inquiries shall receive an official response that will be provided in writing as an addendum to the RFP and become, thereby, a part of the RFP ADDENDA This RFP shall be changed only through a duly issued written addendum which shall be mailed, faxed, or ed to registered Offerors at the address, fax or address preferred and given to Colliers at the time of company registration as specified in Section PROPOSAL PREPARATION OFFER FORM, OF-1. See Attachment 2. Proposals shall be submitted using Offeror's exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable; and to indicate exact legal name in the appropriate spaces on Offer Form page OF-1. Failure to do so may delay proper execution of the contract. The authorized signature on the first page of the Offer Form shall be an original signature in ink. If unsigned or the affixed signature is a facsimile or a photocopy, the offer shall be automatically rejected 18

20 unless accompanied by other material, containing an original signature, indicating the Offeror's intent to be bound Offer Guaranty. An offer guaranty is NOT required for this RFP Tax Liability. Work to be performed under this solicitation is a business activity taxable under HRS Chapter 237, and if applicable, taxable under HRS Chapter 238. Vendors are advised that they are liable for the Hawaii GET and the applicable use tax. If, however, an Offeror is a person exempt by the HRS from paying the GET and therefore not liable for the taxes on this solicitation, Offeror shall state its tax exempt status and cite the HRS chapter or section allowing the exemption Taxpayer Preference. For evaluation purposes, pursuant to HRS 103D-1008, the Offeror's tax-exempt price offer submitted in response to an RFP shall be increased by the applicable retail rate of general excise tax and the applicable use tax. Under no circumstance shall the dollar amount of the award include the aforementioned adjustment Costs for developing the Proposal are solely the responsibility of the Offeror, whether or not any award results from this solicitation. Colliers will not reimburse such costs All proposals become the property of Colliers SUBMISSION OF PROPOSAL The submission of a proposal shall constitute an incontrovertible representation by the Offeror of compliance with every requirement of the RFP, and that the RFP documents are sufficient in scope and detail to indicate and convey reasonable understanding of all terms and conditions of performance of the work. Before submitting a proposal, each Offeror must: Examine the solicitation documents thoroughly. Solicitation documents include this RFP, any attachments, plans referred to herein, any addenda, and any other relevant documents; Become familiar with State, local, and federal laws, statutes, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work. Offers shall be received at Colliers International, Attn: Chikako Sam Dold no later than the date and time stated in Section 1.05, RFP Schedule and Significant Dates, or as amended. Timely receipt of offers shall be evidenced by the date and time registered by the Colliers time clock. Offers received after the deadline shall be returned unopened. Electronic mail and facsimile transmissions shall not be accepted. 19

21 5.09 MODIFICATIONS OR WITHDRAWL OF PROPOSALS Any Offeror is allowed to modify or withdraw their proposal prior to the established proposal due date by submitting the following documents: 1. Modification of Proposals a. Written notice accompanying the actual modification received by the Contact Person stating that a modification to the proposal is submitted; or b. A written notice accompanying the actual modification by facsimile machine or to the Contact Person. 2. Withdrawal of Proposals 5.10 PROPOSAL OPENING a. A written notice received by the Contact Person; or b. A notice by facsimile machine or to the Contact Person. Proposals will be opened at the date, time, and place specified in Section 1.05, or as amended. Proposals shall not be opened publicly, but shall be opened in the presence of another member of evaluation committee. The register of proposals shall be open for public inspection upon posting of award. The register will consist of: 1) The name of each Offeror, 2) The number of modifications if any; and 3) a description sufficient to identify the service offered EVALUATION OF PROPOSALS An evaluation committee shall evaluate proposals. The evaluation will be based solely on the evaluation criteria set out in Section Four of this RFP. The evaluation committee reserves the right to determine what is in the best interest of the State for purposes of reviewing and evaluating proposals submitted in response to the RFP. Proposals shall be classified initially as acceptable, potentially acceptable, or unacceptable. Discussions and presentations (if requested) may be conducted with Priority Listed Offerors who submit proposals determined to be acceptable, or potentially acceptable of being selected for award, but proposals may be accepted without such discussions. The objective of these discussions is to clarify issues regarding the Offeror s proposals before the best and final offer, if necessary. 20

22 5.12 PRIORITY LIST OF PROPOSALS If numerous acceptable and potentially acceptable proposals are submitted, the evaluation committee may rank the proposals and limit the Priority List to three responsive, responsible Offerors who submitted the highest-ranked proposals. Alternatively, if one proposal is clearly superior to all others, Colliers may elect to proceed directly to selection of a Contractor DISCUSSION WITH PRIORITY LISTED OFFERORS The Official Contact Person or an evaluation committee reserves the right to request additional information or have discussions and presentations from the Priority Listed Offerors prior to the submission of the best and final offer (BAFO). The objective of these discussions is to clarify issues regarding the Offeror s proposals before BAFO, and may include: 1. Promote better understanding of the Offeror s proposal. 2. Promote understanding of Colliers requirements. 3. Facilitate arriving at an agreement that will be most advantageous to the State. Colliers will establish procedures and schedules for conducting discussions and shall make a record of the date, time, place, and purpose of the meeting and those in attendance. Proposals may be accepted on evaluation without any discussion. All priority listed Offerors will be accorded fair and equal treatment with respect to any opportunity for discussions and revisions of the proposal. Any substantial oral clarification of a proposal shall be reduced to writing by the priority- listed Offeror. If during discussions there is a need for any substantial clarification or change in the RFP, Colliers shall issue an addendum to only the priority listed Offerors who shall be invited to submit new proposals or amend their proposal already submitted. The content of any proposal shall not be disclosed or made available to other Offerors during the discussion or negotiation process. Best and Final Offers from the Priority Listed Offerors will be scheduled after discussions have been closed. 21

23 5.14 BEST AND FINAL OFFER A proposal may be withdrawn in writing at any time without obligation to any party before best and final offers are received. Best and Final Offers will be received on the date stated in Section The following shall be applied to best and final offers: 1. No discussion of or change in the Best and Final Offer shall be allowed prior to the award. 2. A proposal may not be withdrawn after the Best and Final Offer has been submitted. 3. After Best and Final Offers are received, final evaluations will be conducted for an award. 22

24 SECTION SIX SPECIAL PROVISIONS 6.1 OFFER GUARANTY A proposal security deposit is NOT required for this RFP. 6.2 WARRANTIES AND DISCLAIMER OF IMPLIED WARRANTIES Warranty shall be for the period from the project completion date within which defects may be identified for the new equipment purchased in the scope of work for the AC chiller replacement work. Describe any implied warranty disclaimer applicable to this purchase. 23

25 SECTION SEVEN ATTACHMENTS AND EXHIBITS Attachment 1: INTENT TO BID FORM Attachment 2: OFFER FORM, OF-1 Attachment 3: OFFER FORM, OF-2 24

26 Attachment 1 COLLIERS INTERNATIONAL REAL ESTATE MANAGEMENT SERVICES (HI) LLC. INTENT TO BID FORM NOTICE TO VENDOR: Please scan and e mail or fax this completed Intent to Bid Form to Colliers before the deadline indicated in Section 1.05 of RFP. ATTENTION: I hereby acknowledge reading the RFP Proposal in its entirety and agree to accept and abide by the conditions stated in Section Two (Background and Scope of Work), and section 4.07 (Insurance Requirements), as part of my organization s Proposal submission and contractual obligations as a successful proponent. VENDOR ACCEPTANCE (must be signed by an Officer of the Company) Company Legal Name Doing Business As (Marketing Name) Accepted By (Print Name) Position Signature Date Contact Phone Number Contact Address Or, VENDOR DECLINE (we will not be bidding on this RFP) Company Legal Name Doing Business As (Marketing Name) END OF DOCUMENT

27 Attachment 2 OFFER FORM OF-1 Project Management for AC chiller replacement work Contract Administrator, Colliers International Real Estate Management Services (HI), LLC. 220 South King Street, Suite 1800, Honolulu, Hawaii Dear Contract Administrator: The undersigned has carefully read and understands the terms and conditions specified in the Specifications and Special Provisions attached hereto, and in the General Conditions, by reference made a part hereof and available upon request; and hereby submits the following offer to perform the work specified herein, all in accordance with the true intent and meaning thereof. The undersigned further understands and agrees that by submitting this offer, 1) he/she is declaring his/her offer is not in violation of Chapter 84, Hawaii Revised Statutes, concerning prohibited State contracts, and 2) he/she is certifying that the price(s) submitted was (were) independently arrived at without collusion. Offeror is: Sole Proprietor Partnership *Corporation Joint Venture Other *State of incorporation: Hawaii General Excise Tax License I.D. No. Federal I.D. No. Payment address (other than street address below): City, State, Zip Code: Businesses address (street address): City, State, Zip Code: Respectfully submitted: Date: Telephone No.: Fax No.: (x) Authorized (Original) Signature Name and Title (Please Type or Print) Address: ** Exact Legal Name of Company (Offeror) **If Offeror is a dba or a division of a corporation, furnish the exact legal name of the corporation under which the awarded contract will be executed:

28 Attachment 3 OFFER FORM OF-2 Total contract cost for accomplishing the development and delivery of the services. Breakdown: PRE-DESIGN COSTS: Assessment of existing A/C Consulting & Design fees $ Materials/Equipment: $ Freights $ Supplies $ Total Labor cost & Labor rate $ Contingency fee $ Cost for rental Equipment such as Crane $ POST CONSTRUCTION: Cost of disposal of the old unit $ Taxes (GET needs to be a separate line item) $ Proposed Payment Term: TIMELINE (SCHEDULE) The replacement work is to be done on one weekend to minimize disruption to the tenants at MRTC. Offeror Name of Company