Prison Phone Justice

STATE OF HAWAll

CONTRACT FOR GOODS OR SERVICES
BASED UPON
COMPETITIVE SEALED PROPOSALS

QC T

This Contract, executed on the respective dates indicated below, is effective as of
2 3, 2~, between Department of Public Safety f!l/llllllllll/llllllllllllflllfllllllfllflllflf!ll/ll/lllllll/lllll
(lns•rl name ofstatt department. agency. board or commission)

State of Hawaii ("STATE"), by its Director /lflllflllfllfllllflllllllllflllllllfllllllllllllll/llllllllllfllllllllllflllllflflllllll!llll!lfflllllll ,
(Insert title ofperson signing for State)

{hereafter also referred to as the HEAD OF THE PURCHASING AGENCY or designee ("HOPA")),
whose address is 919 Ala Moana Boulevard, Room 400, Honolulu, Hawaii 96814 /l///f/Jfl/lllllflllllllllllllllllllllllllllllll
l/llllllllllllllllll/lllfl/l/l/lllll/ll/lllll/lll/l/!1/lllllflllllllllllllllllllllllll and Global Tei-Link Corporation llllllflllllllllllllll/lll/llll/llll/llll
("CONTRACTOR"), a Corporation tlllllllllllllllllllllfllllllllflllllllllllllllllllllllllllllll/llIIllllllllllllllllllllllllllllllllllllfllIIlllllllllll
(ltrsert corporation, partnership.joint venwrr. sol• proprietorship. orothtr legal form ofthe Contractor)

under the laws of the State of Idaho llllllllllllllllllllllllllllfll/llll/l/llllllll/lll , whose business address and federal
and state taxpayer identification numbers are as follows: 12021 Sunset Hills Road, Suite 1OOllllllll/llflllllll/lf/ll
Reston, Virginia 20190;
l/llllllll/l/lllllllllllllllllllllll/llll/llllllllll/lllllllllllllllllllllll

RECITALS
A.
The STATE desires to retain and engage the CONTRACTOR to provide the
goods or services, or both, described in this Contract and its attachments, and the CONTRACTOR is
agreeable to providing said goods or services or both.
B.
The STATE has issued a request for competitive sealed proposals, and has
received and reviewed proposals submitted in response to the request.
C. The solicitation for proposals and the selection of the CONTRACTOR were
made in accordance with section 103D-303, Hawaii Revised Statutes ("HRS"), Hawaii Administrative
Rules, Title 3, Department of Accounting and General Services, Subtitle 11 ("HAR"), Chapter 122,
Subchapter 6, and applicable procedures established by the appropriate Chief Procurement Officer
("CPO").
D.
The CONTRACTOR has been identified as the responsible and responsive
offeror whose proposal is the most advantageous for the STATE, taking into consideration price and the
evaluation factors set forth in the request.
E.
Pursuant to Hawaii Revised Statutes, Chapters 1030-303 and 353 C2
, the STATE
fugal 0111/iority 10 enter Into this Contracl)

is authorized to enter into this Contract.
F.
Money is available to fund this Contract pursuant to:
( 1) Nat Applicable /ff/Ill/fl/fl/IIll/lllllllf/Ill/IIII/II/Ifl/llllllllllllllllll//I/JI/I/III/I/Ill/II/If/1111 /fll/lllll//lllII/IIlll//lll!llllllllllIIIIIll/IIllllllll/lllJI
(ldenlijj! state sources)

or (2) Not Appllca ble IIllllllI l!l/llfl!lllllllllflllllf/IIIIJ/JIJIIlllllllllllllllll/llllllllllllllllllllJ/JJ/J/11flI/If/II/lllll/llllllllllllllllflllflll!lllll/llllflll
(Identify federal sorrrces)

or both, in the following amounts:

State $ Not Applicable J/flflllllllllll/llflllll/lllllllllllllllfllll//Jllllllllff/IJllll/ftJllll/llllfll
Federal $ Not Applicable lllJlllllllllllllllllllllllJlllllllllllJ/JJJ/JIJllllllJl/llllfllfllllflllllllJllll

NOW, THEREFORE, in consideration of the promises contained in this Contract, the
STATE and the CONTRACTOR agree as follows:
I.
Scope of Services. The CONTRACTOR shall, in a proper and satisfactory
manner as determined by the STATE, provide all the goods or services, or both, set forth in the
request for competitive sealed proposals number PSD 16-COR-17 ("RFP") and the CONTRACTOR'S
accepted proposal ("Proposal"), both of which, even if not physically attached to this Contract, are
made a part of this Contract.
2.
Compensation. The CONTRACTOR shall be compensated for goods supplied
AG-004 Rev. 11/15/2005

or services performed, or both, under this Contract in a total amount not to exceed
Not Applicable 111111!111111IfIllIfI!/IfIII11111IIIfII!IIllIIIIIfII!!IIIIIIIl!lIllIllIIllllIIIIl!lIIIIllIllIIIIIIllIIllII!IIf1111/IIIIllllIllIf111111111

DOLLARS

($ NA
), including approved costs incurred and taxes, at the time and in the manner set
forth in the RFP and CONTRACTOR'S Proposal.
3.
Time of Performance. The services or goods required of the CONTRACTOR
under this Contract shall be performed and completed in accordance with the Time of Performance set
forth in Attachment-S3, which is made a part of this Contract.
4.
Bonds. The CONTRACTOR D is required to provide or [{] is not required to
provide: D a performance bond, D a payment bond, [{] a performance and payment bond in the
amount of Not Applicable lllllllfllllllllllllllllllllllllllll!l!llflllllllfllll!llllf!llllll/l/f DOLLARS ($ NA
).
5.
Standards of Conduct Declaration. The Standards of Conduct Deelaration of the
CONTRACTOR is attached to and made a part of this Contract.
6.
Other Tenns and Conditions. The General Conditions and any Special
Conditions are attached to and made a part of this Contract. In the event of a conflict between the
General Conditions and the Special Conditions, the Special Conditions shall control. In the event of a
conflict among the documents, the order of precedence shall be as follows: ( 1) this Contract, including
all attachments and addenda; (2) the RFP, including all attachments and addenda; and (3) the Proposal.
7.
Liquidated Damages. Liquidated damages shall be assessed in the amount of
Not Applicable IfIIIIllII1111////fII!Ifl!I 11111IIIffl/IIIfIIIllIllfl/I/I/II111IIll/f///11//Illfl/III/I/IIIIIII1111IllIfIllIllIllI/1111IIIIIfIfI/IllIf DOLLARS
($ NA

) per day, in accordance with the terms of paragraph 9 of the General Conditions.
8.
Notices. Any written 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. Notice to
the STATE shall be sent to the HO PA'S address indicated in the Contract. Notice to the CONTRACTOR
shall be sent to the CONTRACTOR'S 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. The
CONTRACTOR is responsible for notifying the STATE in writing of any change of address.
IN VIEW OF THE ABOVE, the parties execute this Contract by their signatures, on the
dates below, to be effective as of the date first above written.

""

·'

/.L--~...-_,,,_,.!!!!!!!!!!!!!!!!!!!!!!!!!!""""'="'"""""''""""'""""'""""'""""'""""""""""­
(Signature)

Nolan P. Espinda
(Print Name)

Director
(Print Titfe)

rnaieJ

{

O

/i,z.? J
I

CONTRACTOR
Global Te1•unk Corporation

\

-

Jeffrey B. Haidinger

I

(Pn·m Name)

President & Chief of Business Solutions
(Prim Title)

(Date)

J...J~}-'U.\.J

L--..lL.U.L.ll"')' '-'f"llV1QJ

..__

*Evidence of authority' of the CONTRACTOR'S representative to sign this Contract for the CONTRACTOR must be attached.

AG-004 Rev 1111512005

2

*

STATE OF HAWAII

CONTRACTOR'S ACKNOWLEDGMENT
S'fA!fE OF Commonwealth of Virginia

------

)

)SS.
)

COUNTY OF Fairfax

On this 25th

-------- day of September

Jeffrey Haidinger

2017

---

before me appeared

and llllllfllllllllllll//1111//lll/llll/1111/lll/l/lll/llll/llllll//11/ll/llllll/lllll , 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
President & Chief of Business Solutions

and /////II/ I////I/IIIllIllIllIII/II11111II/II IIll II/////IllIIIll II1111I1111III

0f

-----------------~

Global Tel"Link Corporation //////lllll/lllll//1/llf//l/l/ll/lllllll////f/fl/f//l/llllflll/llfl/f//lf//l/lllll/l///fl/ll//lfllll///ll////lllJll//////lllllll/I , the

CONTRACTOR named in the foregoing instrument, and that he/she/they is/are authorized to sign said
instrument on behalf of the CONTRACTOR, and acknowledges that he/she/they executed said
instrument as the free act and deed of the CONTRACTOR.
·

Andrea Payne Melara
(Print Nnm•)

Notary Public, State ef
My commission expires:

Doc. Date:

--------~

Notary Name: Andrea Payne Melera

#Pages: 40

----~

- - - - Circuit

Doc. Description: State of Hawaii, Contract for Goods or Services,
Based Upon Competitive Sealed Proposals /lllll/llllllll///llll/lllllllllll//llll
IllIfIfIll/IllIllIII!IIllI/I/II/I11111IllIll II/II//IIIIIllIIII/I/IIIll II/ III/11111111/11111IllIll//111111111II

September 25, 2017
Notary ;:s1gnarure

v

NOTARY CERTIFICATION

AG-009 Rev 7/25/08

Date

Commonwealth of Virginia
March 31, 2018

STATE OF HAWAII

CONTRACTOR'S
STANDARDS OF CONDUCT DECLARATION
For the purposes of this declaration:
"Agency" means and includes the State, the legislature and its committees, all executive
departments, boards, commissions, committees, bureaus, offices; and all independent
commissions and other establishments of the state government but excluding the courts.
"Controlling interest" means an interest in a business or other undertaking which is sufficient in
fact to control, whether the interest is greater or less than fifty per cent (50%).
"Employee" means any nominated, appointed, or elected officer or employee of the State,
including members of boards, commissions, and committees, and employees under contract to
the State or of the constitutional convention, but excluding legislators, delegates to the
constitutional convention, justices, and judges. (Section 84-3, HRS).
On behalf of Global Tel*Link Corporation //lll/f//llllll//ll//lllllllllll///lll/f//llllll//ll!/lllllf//l/l/l//ll , CONTRACTOR, the
undersigned does declare as follows:
1.

2.

CONTRACTOR D is• ~ is not a legislator or an employee or a business in which a legislator
or an employee has a controlling interest. (Section 84-15(a), HRS).
CONTRACTOR has not been represented or assisted personally in the matter by an individual
who has been an employee of the agency awarding this Contract within the preceding two years
and who participated while so employed in the matter with which the Contract is directly
concerned. (Section 84-15(b), HRS).

3.

CONTRACTOR has not been assisted or represented by a legislator or employee for a fee or other
compensation to obtain this Contract and will not be assisted or represented by a legislator or
employee for a fee or other compensation in the perfonnance of this Contract, if the legislator or
employee had been involved in the development or award of the Contract. (Section 84-14 (d),
HRS).

4.

CONTRACTOR has not been represented on matters related to this Contract, for a fee or other
consideration by an individual who, within the past twelve (12) months, has been an agency
employee, or in the case of the Legislature, a legislator, and participated while an employee or
legislator on matters related to this Contract. (Sections 84-18(b) and (c}, HRS).

CONTRACTOR understands that the Contract to which this document is attached is voidable on behalf
of the STATE if this Contract was entered into in violation of any provision of chapter 84, Hawaii
Revised Statutes, commonly referred to as the Code of Ethics, including the provisions which are the
source of the declarations above. Additionally, any fee, compensation, gift, or profit received by any
person as a result of a violation of the Code of Ethics may be recovered by the ST A TE.

CONTRACT
• Reminder to Agency: If the "is" block is
checked and ifthe Contract involves goods or
services ofa value in excess of$10,000, the
Contract must be awarded by competitive
sealed bidding under section 1030-302, HRS,
or a competitive sealed proposal under section
l03D-303, HRS. Otherwise, the Agency may
not award the Contract unless it posts a notice
of its intent to award it and files a copy of the
notice with the State Ethics Commission.
(Section 84-IS(a), HRS).

AG-010 Rev I 1/ 15/2005

By
(Signature) - - - - - - - - - - - . . . . , , - - - -

Print Name

Jeffrey Haidinger

Print Title

President & Chief of Business Solutions

Name of Contractor Global Tel*Link Corporation Ill/I/I

Date

4uh1,

Attachment- Sl

STATE OF HAWAII

SCOPE OF SERVICES
The CONTRACTOR agrees to perform those seNices described in the "Request for Proposals",
RFP Number PSD 16-COR-17, Inmate Telephone System (ITS) for Correctional Facilities
Statewide, dated May 8, 2016, Addenda A (5/9/16), B (5/16/16), C (5/25/16), D {5/27/16), E
(6/9/16), F (6/14/17) and G - BAFO (8/1/16), the CONTRACTOR's Proposal submitted on June
30, 2016 and Best and Final Offer submitted on August 31, 2016, are referenced herein, and
made a part of this contract. Such terms and conditions include, but are not limited 1o the
following;
1. The CONTRACTOR shall install and provide maintenance for a secure, one-way,
automated, account paid debit ITS for its local, intraLATA, interLATA, international, and
telecommunications device for the deaf (TDD) telephone calls for the PSD's eight
correctional facilities statewide.
2. The CONTRACTOR shall install/replace/add ITS equipment as described and listed in
RFP Number PSD 16-COR-17, Inmate Telephone System (ITS) for Correctional Facilities
Statewide, Addendum D (revised site maps), dated May 27, 2016. Site location maps are
attached in this contract for reference.
3. The CONTRACTOR agrees to include its "Investigative Features" module in its entirety to
include the following: Voice IQ Voice Biometrics Identification, GTL Data IQ Advanced
Investigative Data Analysis, Call IQ Keyword Search, Standard Visitation Phone
Recording and PIN Implementation, Called Party IQ Inmate to Inmate Call Detection,
Location IQ Location Based SeNices, Phone IQ Phone Type Identification, and Mobile IQ
Mobile Device Detection & Analysis to ITS.

4. The CONTRACTOR shall consult with the PSD to review and discuss strategy and
projected timetable of the ITS ordering, installation, acceptance testing, cutover, and
training of PSD personnel. The CONTRACTOR shall submit a project timeline for review
and approval prior to the start of installation.
·

5. The CONTRACTOR shall agree to obtain PSD's written permission before proceeding
with any work that requires cutting into or through girders, beams, concrete or tile floors,
partitions or ceilings, and any work that may impair fireproofing or moisture proofing, or
potentially cause any structural damage.

6. The CONTRACTOR shall be responsible for all installation of equipment in accordance
with the specifications contained in the manufacturer's installation instructions.

7. PSD does not make any representation regarding condition or the fitness for use, of
existing or in-place conduit, raceways, cable ways, cable, inside wiring, telephone set
mountings, switches, terminal boxes, and terminals within the correctional facilities; and
the use of these things by the CONTRACTOR are at the risk of the CONTRACTOR. No
exposed wiring will be permitted. Ownership of any wiring or conduit placed under this
Contract becomes PS D's property upon termination and/or expiration of this Contract.

8. Conduit placement will be contingent upon the approval of the PSD.

The
CONTRACTOR'S placement or use of any conduit shall meet all building codes, comply
with prison security concerns and provide applicable "as-built" drawings to the facility and
1of4

Attachment- Sl

STATEOFHAWAil

SCOPE OF SERVICES
PSD's Administrative Services Office. Security concerns may result in disapproval of use
of a conduit In certain areas of the institution.
9. The CONTRACTOR agrees that if any cabling work is required as part of any installation,
new cables shall be used and marked clearly and legibly at both ends, and must meet all
applicable Electronic Industries Alliance (EIA)frelecommunications Industry Association
(TIA) wiring standards for commercial buildings. Use of existing or used cables is
prohibited.
10. The CONTRACTOR shall install additional telephones and monitoring and recording
equipment as determined by PSD, at no cost to the PSD. This includes expansion to the
existing facilities and any newly constructed correctional facilities. This shall be done
throughout the Contract period and all subsequent renewal periods.
11. The CONTRACTOR shall provide and install adequate surge and lightening protection
equipment on all lines used for the ITS. Any electrical work must be coordinated through
the PSD's administrative department.

12. Installation of all telephones and related equipment shall be accomplished during normal
business hours (7:45a - 4:30p) at each correctional facility, or as directed by the PSD's
Administrator or facility's Warden.

13. The CONTRACTOR shall clean up and remove all debris and packaging material resulting
from work performed.
14. The CONTRACTOR shall restore to original condition any damage to the PSD's property
caused by maintenance or installation personnel, including repairs to walls, ceilings, etc.

15. The CONTRACTOR shall install, repair, and maintain all provided equipment and lines at
no cost to the PSD. All costs of equipment provided under this agreement, installation,
maintenance and repair costs, as well as all costs or losses due to vandalism, shall be the
total responsibility of the CONTRACTOR.

16. Upon completion of initial installation and ongoing installations, the CONTRACTOR shall
provide the PSD with a list of station ID numbers, serial numbers, and locations of each
unit.
17. The CONTRACTOR shall indicate the physical size of any controlling equipment to be
installed at the PSD to PSD's Administrator and facility Warden during the initial site survey
visits prior to installation.

18. The CONTRACTOR shall ensure that any environmental conditions required for the
proposed controlling equipment are reasonable and appropriate for the correctional
facilities; and shall report the space, environmental and electrical power requirements for
the ITS and associated equipment.

19. The CONTRACTOR shall provide copies of subcontractor agreements if used in any
aspect of the installation, operation, service and maintenance of the ITS.
2of4

Attachment - SI

STATE OF HAWAll

SCOPE OF SERVICES

20. The CONTRACTOR shall provide PSD staff, adequate training and training materials to
successfully operate (i.e. monitor audio recordings of all non-legal calls) the ITS. The
CONTRACTOR shall provide training to the PSD's staff at the location where the
equipment is installed. Additional training shall be provided to new staff assigned during
the Contract period at no cost to the PSD. The CONTRACTOR shall make informational
pamphlets available for inmates regarding features and functionalities of the ITS, when
requested by the PSD.
21. The CONTRACTOR shall work with the PSD, its authorized/designated staff, and any
incumbent ITS provider to ensure an orderly transition of services and responsibilities
under the Contract, and to ensure the continuity of the services required by the PSD.
22. The CONTRACTOR shall provide the necessary labor, parts, materials, and
transportation to maintain all telephones in good working order and in compliance with the
equipment manufacturer's specifications throughout the llfe of the Contract. No charge
shall be made to the PSD for the maintenance of the ITS.

23. The CONTRACTOR shall be responsible for supplying all backup tapes/disks for the
storage calls

at no cost to the PSD.

24. The CONTRACTOR shall maintain all cable related to the ITS.
25. The CONTRACTOR shall provide technical support twenty-four (24) hours a day, 365
days a year. The CONTRACTOR shall respond to repair requests from the PSD's
authorized/designated staff by promptly arriving within eight (8) business hours for a
regular repair and within six (6) clock hours for an emergency repair at the site upon official
notification, on a twenty-four (24) hours a day, 365 days a year basis.

26. Either party shall report to the other party any misuse, destruction, damage, vandalism,
etc. of the ITS. The CONTRACTOR shall be responsible for any and all the damages that
may result. In addition, the CONTRACTOR shall ensure that all inmate telephones are
operable and maintained at an acceptable level.

27. All maintenance will be coordinated with the contracting officer of the PSD, and provided
by the CONTRACTOR. Each case of trouble reported to the CONTRACTOR for action

will be researched as to the cause and documented in the trouble logbook along with the
action that resolved the trouble. A notation stating only that the problem was resolved is
not acceptable. The trouble logbook shall remain at a PSD specified location.

28. The CONTRACTOR shall perform system checks and preventative maintenance on a
monthly basis to ensure the system is operating at optimum efficiency and performance.
A system check and preventative maintenance logbook, that includes the findings & action
taken, will be maintained by the CONTRACTOR and remain at a PSD-specified location.

29. The CONTRACTOR will maintain a history report of each system change which shall
include: date and time change, facilities affected, change implemented, testing completed

3of 4

Attachment - Sl

STATE OF HAWAII

SCOPE OF SERVICES
and the date of acceptance of the change by the PSD authorized/designated staff. A copy
of the history report will be given to the facility Warden.

30. ITS commission funds up to $200,000 from the account paid inmate telephones shall be
provided to PSD's Fiscal Office by the CONTRACTOR to cover costs related to the Hawaii
Statewide Automated Victim Information and Notification System.

*******************************************END OF SE CTI ON****************************************
Scope of Services
PSD 16-COR-17

4of4

Attachment - 82

STATE OF HAWAll

COMPENSATION AND PAYMENT SCHEDULE
For the provision of the inmate pay telephone setvices specified herein, the Contractor is authorized
to charge the Inmate users of the system the following charges:
Local (On Island)
Outer Island
Long-Distance
International Calls

$0.071 minute
$0.07/ minute
$0.01/ minute
$0.01/ minute

Commissions to the State will be 40% of gross revenue*.
*Gross revenue on which monthly commission will be paid does not include: (i) taxes and
tax-related surcharges; (ii) credits; (iii) transaction fees; (iv) revenue from interstate calls;
and (iv) any amount GTL collects for, or pays to, third parties, including but not limited to
payments in support of statutory or regulatory programs mandated by governmental or
quasi-governmental authorities, such as the Federal Universal Setvice Fee, and any costs
incurred by GTL in connection with such programs.
The required $200,000.00 funds for the State Automated Victim Information Notification (SAVIN)
System will be provided to the State as part of GTL's commission offer. The required SAVIN
amount will accrue annually, beginning with the first calendar year following the effective date of this
Contract. At the start of each such calendar year, GTL will redirect monthly to the SAVIN fund all
commission amounts owed to the State until the SAVIN amount for that year is satisfied; at which
point, remaining commission payments to the State, if any, will resume in the ordinary course.
For each allowed call type gross revenue is defined as the product of total billable minutes times the
agreed upon rate for completed calls (Local, In-State, or International} -meaning those accepted by
the called party (for both "collect" calls, and connected calls using debit cards).
The following fees to users are limited by the FCC for pre-paid accounts:
Call Center Representative:
$5.95
Automated Interactive Voice Response System: $3.00
ConnectNetwork (online access)
$3.00
When Customers Choose Paper Invoices:
Single Bill Cost Recovery Fee

$2.00

Payments to the State in satisfaction of the required payments to the Automated Victim Information
Notification Special Fund, shall be made to:
State of Hawaii
Department of Public Safety, Fiscal Office
919 Ala Moana Boulevard, Room 402
Honolulu, Hawaii 96814
Reference: Inmate Pay Telephone Commission

AG-012 Rev I l/IS/2005

Attachment - S3

STATE OF HAWAII

TIME OF PERFORMANCE

This agreement is for the operational period of thirty-six (36) months, commencing upon the
Installation Acceptance Date. The attached Implementation Schedule from October 23, 2017
to February 28, 2018 shall be followed. A written Notice of Acceptance shall be issued,
which will start the service period of this contract.
The contract may be extended by mutual agreement without the necessity of rebidding for up
to two (2) additional twelve (12) month periods, or parts thereof, provided that the contract
price for the extended periods shall remain the same as or lower than the contract price for
the original term.
The State or the Contractor may terminate any extended contract period upon at least onehundred twenty (120) calendar days prior written notice.

AG-013 Rev l l/15/200S

Hawaii Department of Corrections
Implementation Plan
Task Name

ID
1

-y-

---r-

-4
- 6s

--=;--

-a
9

10"
~

Hawaii Department of Corrections
Contract
Contract effective date
Implementation Meeting
Conduct implementation meeting v.;th the Hawaii DOC

---w-

j

Finish

IPredecesso

-

10 days
1 day

Tue 1117/17 Mon 11120117
Tue 1117117

Fri 11117/17 Mon 11/20117

Perform detailed site survey at each Hawaii DOC location

Set-up of new validation server
Network, \\iring and access needs
PIN and Allow List parameters delivered to MIS
Rate tables loaded and tested
Local routing tables loaded and tested

12 days Mon 10/23/17
Odays Tue 1117117
5 days Mon 10/23117

6

Tue 11f7/17
Fri 10127117

Thu 1112117
Fri 1211117
Thu 1112117 Tue 11114117

5

16
17

0.75 days Tue 11128117 Tue 11128/17
0.5 days Tue 11/28117 Wed 11129/17

18
19

0.5 days Wed 11/29/17 Wed 11/29117

20

Rating tables loaded in Houston and Mobile

o. 75 days Wed 11/29117 Thu 11/30/17

21

25

-

Routing tables loaded in Houston and Mobile

0.75 days Wed 11129117 Thu 11/30/17

21

Facility Allow List profile loaded (as required)

0.5 days Thu 11130/17 Thu 11130117

22

Facility PIN profile loaded (as required)

0.5days Thu 11/30/17 Thu 11/30117
Fri 12/1/17
1day
Fri 1211117

22

Testing and ceriification
JMS and Commissary Interface
Establish in1erface .with elCisting JMS vendor
Estabfish interface with elCiting .commissary vendor

29

30

"'"31
32

"""33

34·
36
36

Testing of commissary and JMS interfaces
Line & Equipment Orders
Order network connectivity ror ITS
Order analog support lines for each Hawaii DOC location
System Production Activities
Contract procurement
Controller I sv.;tching equipment assembly

-

~
38

System operating system loaded
ICM software loaded

39

ICM configurations set

---;jQ

Basic lunctionatity testing begins

-

24days Wed 11/8117 Mon 12111117
22 days Wed 1118117 Thu 1217/17

,~

1tl
'I

25

5
29

45 days
45days

Thu 11/2117
Thu 1112117

3

10 days

Thu 1217/17Wed12120117·2FS-20day

34days
15 days

Thu 11/2/17 Tue 12/19/17
Thu 1112117 Wed 11/22/17

5days Thu 11/23117 Wed 11129117
0.25 days Thu 11130/17 Thu 11130117
1 day Thu 11130117
0.5 days
0.25 days

Fri 12/1117
Fri 1211117

~

-

22 days Wed 1118117 Thu 1217117
Fri 1218117 Mon 12/11/17
2days
Wed 1/3118
Wed 113118

..

~

14
15

22

-:zr

~

3

3 days Wed 11115117 Fri 11117117
0.5 days Mon 11120/17 Mon 11/20/17
4 days Mon 11120117 Fri 11124/17
1.5days Fri 11124117 Mon 11/27/17

Inmate IVR set-up and testing

23
24
25
25

•---..

10

20
-----z1-

Establish Validation LAN

---- ----

-

Tue 1117/17

2 days Mon 10130117 Tue 10131117
2 days Mon 10/30/17 Tue 10/31117
22 days
9days

--

Tue 11nl17

2days

Site Surveys
Schedule site surveys

...

~119,'17
~r5
'17
'lY.v1 T I F·s
I ~,29,'17
iuh'twlTIFls
MhlwlTIFIS N°t~f'
SMIT'J.~1 T I F I s
MfrlwlTIFls ~~f;-'J~,1 TI F

Ocl~~·!T
S.S

1 day Wed 1111117 Wed 1111117
1 day Wed 1111117 Wed 11/1117

Review of Transition Plan by the Hawaii DOC

1'4
17
18

Start

Fri 11/10/17 Thu 11/16/175FS+2 days

Validation Activities
Order necessary hardware for GTL Validation

-

I

88 days Mon 10123117 Wed 2121118

5days

Network Design
Review network architecture for improvements

15
16

ouratton

Create detailed Transition Expectation Plan

12

- 13

I

5

,

3
35

i

36

Fri 1211/17

37

Fri 1211/17
Fri 1211117

38
39
Page 1

-

Hawaii Department of Corrections
Implementation Plan
ID

74
75
76
77

78"
79

Task Name
Validation lasting
Specific site configurations loaded
Pin files loaded
Allow List files loaded
Pre-shipment inspection and testing
System packaging
System readied for delivery
Shipping
Training & Instructional Materials
Develop training material
Create inmate dialing and trouble report instructions
Edil bHJing and Advance Pay brochures
Distribution to Hawaii DOC
Cutover Facilities
Oahu Community Correctional Center
Sile prep and replacement of 52 phones
Wiring and instalation of 38 additional phones
Installation of network interface unit
Lightning Protection I nstaHation
Cross-Connect Block Installation
Workstation cabting
Workstation set-up
Setup of the ICM Platform
Activation of the voice and data network.
Preliminary system testing (lnstalation Document L 1 com1
System Turn Up and cutover
System Test and Acceptance (Installation Document L2 cc
Remove old equipment
Technician Training of facility staff
Clean-up and monitoring of the ICM system
Formal facility training
Laumaka Furlough Program
Sile prep and replacement of 10 phones
lnstaUadon of network interface unit
Lightning Protection lnstalation
Cross-Connect Block Installation
Workstation cabting
Workstation set-up
Setup of the ICM Platform
Activation of the voice and data network.

Duration

0.4days
0.2 days
0.2 days
0.2 days
2days
0.5 days
0.5 days
1 day
16 days
10days
1 day
3days
3days
36 days
26 days
2 days
5days
0.25 days
0.13 days
0.12 days
0.13days
0.12 days
0.25days
0.13 days
0.5days
0.5days
0.5days
Odays
0.25 days
0.12 days
1 day
20 days
1 day
0.25 days
0.13 days
0.12 days
0.13 days
0.12 days
0.25days
0.13days

Start
Mon 1214/17
Mon 1214/17

Mon 12/4/17
Mon 1214117
Tue 1215117
Thu 1217117
Thu 1217117
Tue 12119/17
Thu 11/16117
Thu 11116/17
Thu 11/30117
Thu 11/30/17
Tue 1215117
Wed 113118
Wed 113118
Wed 113/18
Fri 115/18
Fri 1112118
Fri 1112118
Fri 1112118
Fri 1112118
Fri 1/12118
Fri 1112/18
Mon 215/18
Mon 215/18
Mon 215/18
Tue 216118
Tue2/6/18
Tue 2/6/18
Tue 216118
Wed217118
Mon 1115/18
Mon 1115/18
Tue 1116118
Tue 1/16/18
Tue 1/16118
Tue 1/16/18
Tue 1/16118
Tue 1116118
Wed 217118

Finish

Predecess

Mon 1214117
40
Mon 1214117
41
Mon 12/4117
42
Mon 1214117
43
Wed 1216117
44
Thu 1217117
45
Thu 1217/17
46
Tue 1211911717FS+7 da .
Thu 1217117
Wed 11/29/17lFS+10 da
Thu 11/30117
50
Mon 12/4/17
50
Thu 1217117
52
Wed 2121118
Wed 217118
Thu 1/4118
Thu 1111118
56
Fri 1112118
57
Fri 1/12/18
58
Fri 1/12118
59
60
Fri 1112118
Fri 1/12118
61
Fri 1/12118
62
Mon 215118
Mon215/18
64
Tue 216118
65
Tue 216/18
66
Tue 216/18
67
Tue 216118
68
Tue 2/6118
69
70
Wed 217118
Fri 219118
Mon 1115118
Tue 1116/18
Tue 1116/18
Tue 1116118
Tue 1/16118
Tue 1/16118
Tue 1116118
Wed 217118

63
73
74
75
76
77
78
70
Page2

Hawaii Department of Corrections
Implementation Plan
ID

Task Name

Duration

0.5days
Preliminary system tesUng (lnstallalion Document L1 ccm1
System Tum Up and cutcver
O,Sdays
System Test and Acceptance {Installation Document L2 a
0.5days
Remove old equipment
Odays
Technician Training of facillty staff
0.25 days
Clean-up and monitoring of the ICM system
0.12 days
Formal facillty !raining
1 day
Woman's Community Correctional Center
21 days
Sile prep and replacement of 17 phones
1 day
Installation or network inlerface unit
0.25days
0.13days
Lightning Protection Installation
0.12 days
Cross-Connect Block Installation
0.13days
Workslatlon cabling
0.12 days
Workstation set.up
0.25days
SeluJ> of tt1e ICM Platform
Activation of the voice and dale netY«>rk.
0.13days
Preliminary system testing (Installation Document L1 comj" O.Sdays
Sysiem Tum Up and cutovar
· o.5days
System Test and Acceptance (Installation Document l2 cc 0.5days
Remove old equipment
Odays
Tschnlclan Training of facility staff
0.25days
D.12days
Clean-up and monitoring of the ICM system
1 day
Fonnal facility training
21 days
Halawa Correctional Facility
2days
Sile prep and replacement or 50 phones
3days
Wiring and installation of 39 addilional phones
lm;tallalion of netwmk interface unit
.. 0.25 days
0.13 days
Lightning ProtecUon lnstatiatlon
0.12 days
Cross-Connect Block Installation
0.13days
Workstation cabling
Workstation sat-up
0.12 days
0.25 days
Setup of the ICM Platform
0.13 days
Activation of the voice and data network.
O.Sdays
Preliminmy system testing (Installation Document L1 com1
0.5days
System Turn Up and cutover
System Test and Acceptance (Installation Document l2 ci:' 0.5days
Odays
Remove old equipment
· · 0.25 days
Technician Training or facility staff
Clean-up and monitoring of the ICM system
Formal facility training

0.12 days
1 day

Start
Wed217/18
Wed W/18
Thu 218118
Thu 218118
Thu 216118
Thu 218118
Fri219/18

Finish

Predecess

Wed 217/18
Thu218H8
Thu218H8
Thu 218118Thu 218110
Thu218H8 ..
Fri 219/18

w8d 111111a . wed 2114118
Wed 1/17118
Thu 1118/18Thu 1118118
Thu 1118118
Thu 1118118
Thu 1118/18.
Thu 1N8118
Man 2112/18
Mon 2112118·.

Wed 1/17118"
Thu 111811fi""
Thu 1/18/18
Thu 1118/18
Thu 1118118..
Thu 1/18118
Thu 1118/18 ..
Mon 2112118
Mon 2112118'
Mon 2112/18 Tue 2113118 .. ·
Tue 2113/18 Tue2113118
Tue 2113118. Tue 2/13118 ..

80
81
82
83
04
85
86
79
89
90
91
92
93
94
87
96
'ifl

98
99
100
101
102

Tue2113118 Tue 2/13118
Tue 2113118 Tue 2113118 ·
Wed 2114118 Wed2114/18
Fri 1/19/18
Fri 2116118
95
Fri 1/19118 Mon 1122118..
Tue 1/23118 Thu 1/25118
105
Fri 1/26118
106
Fri 1/26118
Fri 1126/18:
Fri 1/2&18
107
Fri 1/26118
Fri 1126118
10B
•... ..
Fri 1/26/18
Fri 1/26118
109
Fri 1/26118
Fri 1/26118
110
Fri 1/2&18
111
Fri 1/26118
Wed 2114/18 Wed2114118
102
113
Wed2114/18 Wed 2114/18
Wed2114/18 Thu 2115/18
114
Thu 2115118 Thu 2115118 ·· 115
..
Thu 2/15/18 Thu 2115118 .. 116
Thu 2115118 Thu 2/15118._. . 117

Thu 2115118
Fri 2116118

Thu 2/15118
Fri 2116118

118
119
Page3

Hawaii Department of Corrections
Implementation Plan
ID

122

Task Name

Duration

Start

Finish

Predecesso

Walawa Correctional Facility
Sile prep and replacement or 14 phones
Wiring and installation of 7 additional poones
Installation of neMork interface unit
lightning Protection Installation
Cross-Connect Block lnslallation
Workstation cabling
Wockstation set-up
Setup of the ICM Platfonn
Activation of the voice and dala network.
Preliminaiy system testing (Installation Document L1 com1
System Tum Up and cutover
System Test and Acceptance (Installation Document L2 cc
Remove old equipment
Technician Training of facilily start
Clean-up and monHoring the ICM system
Fonnal facility training

18 days
D.5 days
1.5days
0.25days
0.13 d8ys
D.12 days
0.13days
0,12 days
0.25days
0.13 days
D.5days
0.5days
D.5days
Ddays
0.25days
0.12 days
1 day

Hawaii Community Correction Center
Sile prep and replacement of 8 phones
Wiring and inslallalion of 4 addillonal phones
lnstallaUon of network interface unit
Lightning Protection lnstellallon
Cross-Connect Block Installation
Workstation cabUng
Workstation set-up
Setup of the ICM Platform
Activation or the voice and data network.
Preliminary system testing (lnslallation Document L1 com1
System Tum Up and culOver
Syslem Test and Acceptance {Installation Document L2 cc
Remove old equipment
Technician Training of facility staff
Clean.up and monitoring of the ICM system
Formal faclli\y training
Hale Nani Furlough PrOlJram
Site prep and replacement of 6 phones
...
tnstallaUon of netwoik lntedace unit
Lightning Protection Installation
Cross.Connect Block lnstalaroon

11 da)IS Wed 113118 Wed 1/17118
1 day Wed 1/3/18- Wed 1/3f1848FS+1 da
1 day
Thu 114/18
Thu 1/4118
140
0.25dsy:I
Fri 1/5/18
Fri 1/5118
141
Fri 1/5/18
Fri 115118
0.13 days
142
Fri 1/5/18
Fri 115118
143
0.12 days
Fri 115/18
0.13 days
144
Fri 115118
145
0.12 days
Fil 1/5118
Fri 115/18
Fri 1/5/18.
Frl 1/5118
0.25 days
146
0.13days Mon 1/l5M8 · Mon 1115118
0.5days Man 1/15118.. Mon 1115118
148
0.5days Man 1/15/18 Tue 1/16118
149
0.5days Tue 1/16M8 Tue 1/18/18
150
Odays Tue 1/16/18 Tue 1116118
151
0.25 days Tue1/16/18 Tue 1/18/18
152
153
0.12 days Tue 1116118 Tue 1/16118
1 day Wed 1/17/18 Wed 1117118
154
10 days Mon 1/8118: Fri 1119/18
1 day. Mon 1/8118
Mon 118/18
147
Tue 119/18. Tue 1/9118.
0.25days
157
0.13 days
Tue 1/9118
Tue 119118
158
0.12days
Tue 119118
Tue 1/9118
159

oi

Man 1129118 Wed 2121118
Mon 1129118 Mon 1129118.
Mon 1129118. Tue 1130/18
Wed 1131118 Wed 1/31118
Wed 1131/18. Wed 1/31118
Wed 1131/16 Wed 1131118
Wed 1131/18 Wed 1/31/18..
Wed 1/31/18 Wed 1131/18
Wed 1131/18 Wed 1/31/18
Mon 2/19118 Mon 2119i18
Mon 2119/18 Mon 2119/18
Mon 2/19118 Tue 2120/18
Tue 2120/18 Tue 2120/18
Tue 2120/1 B· Tue 2120/18
Tue 2120/18 Tue 2/20f18
Tue 2/2011
Tue2/20/18
Wed 2/21/18 Wed 2121/18

a:

s

112
122
123
124
125
126
127
128
120
130
131
132
133
134
135
136

Page4

Hawaii Department of Corrections
Implementation Plan
ID
161
162

199
200

Task Name
Workstalion cabnng
Workstation set.up
Setup of lhe ICM Platform
Aclivalion of lhe voice and data network.
Preliminary system lasting (lnstallauon Document L1 com1
Syslem Turn Up and cuiiiver
System Test and Acceplance (Installation Document L2 e<
Remove aid equipment
Technician Training of facility Slatt
Clean-up and monitoring of the· ICM system
Formal facility training
Ku lani Correctional Facillty
Sile prep and replacemenl of 8 phones
Wiring and lnstallaUon of 2 additional phones
lnslallation of nelwork interface unil
Lightning Protecllon IMlallallon
Cross-Connect Block lnslallalion
Workstation cabling
Workslation set-up
Setup of Iha ICM Platform
Activation of Ille voice and data network.
Preliminary system testing (Installation Document L1 comi·
System Tum Up and cutover
System Test and Ac<;eptance (lnslallation Document l2 cc
Remove old equipment
Technician Training of facility staff
Clean-up and monitoring of lhe ICM system
Formal facUity !raining
Maul Community Correctional Center
Sile prep and replacement of 19 phones
Wiring and installation of 1 additional phone
lnstalladon of network interface unil
Ughlnlng Protection Installation
Cross-Connect Block lnstallallon
Worlcslalion cabling
Woiftslalion set-up
Setup of the ICM Platform
Activation of Ille voice and data network.
Preliminary system testing (lnslallation Document L1 comi·
Syslem Tum Up and cutover

Duration
0.13days
0.12 days
0.25 days
0.13 days
0.5 days
0.5days
0.5days
Odays
0.25days
0.12 days
1 day
11 days
0.25 days
1.75 days
0.25days
11.13 days
0.12days
0.13days
0.12days
0.25days
0.13days
0.5days
0.5days
0.5days
Ddays
0.25days
0.12 days
1 day
6days
1 day
1 day
0.25 days
0.13days
0.12 days
0.13days
0.12 days
0.25daya
0.13days
0.5days
0.5days

SIart

Finish

Tue 119/18
Tue 119118
160
Tue 119118
Tue 119118
161
Tue 119118
Tue 119118
162
Wed 1/17/18. Wed1/17118
154
Wed 1/17118 Wed 1/17118
164
Wed 1/17/18. Thu 1118118
165
,.
Thu 1118/18 Thu 1/18118
166
Thu 1/18/18 Thu 1/18/18
167
Thu 1/18/18 Thu 1/18118"
.. 188
Thu 1/18/18 Thu 1/18118
169
Fri 1119118
Fri 1119/18
170
Wed 1/10118 Wed 1124118"
Wed 1110/18 Wed 11111/18
.. 163
Wed 1/10/18 Thu 1/11118
173
Fri 1112118"
Fri 1/12118
174
Fri 1112118
Fri 1/12118
175
Fri 1112118Fri 1112118
176
Fri 1/12118.. Fri1112118' . 177
Fri 1112118.. Fri 1112118
178
Fri 1/12/18
Fri 1/12/18'
179
Mon 1/22/18 Mon 1/22/18
171
Mon 1/22118 Mon 1122/18
181
182
Mon 1122118 Tue 1123118
Tue1/23/18 Tue 1/23118
183
Tue1/23/18 Tue 1/23118
184
Tue1/23/18 Tue 1/23118
185
Tue 1/23/18 Tue 1123118
.. 186
187
Wed 1124118 Wed 1i24/18
Frl 212118
Fri 1126118
Fri 1/26118:. Fri 1/26/18ii7FS+2 d
Mon 1129118 Mon 1129/18
190
191
Tue 1130118 Tue 1/30/18
Tue 1/30118 Tue 1/30/18
192
Tue 1/30/18 Tue 1/30/18:
193
194
Tue 1130/18 Tue 1130/18
Tue 1!30119· Tue 1/30/18
.. .. 195
Tue 1130118.. Tue 1/30/18
196
Wed 1/31/18 Wed 1/31/18
197
Wed 1/31/18 Wed 1/31118
198
199
Wed 1131/16
Thu 2/1/18
Page5

ask Name

Duration

System Test and Acceptance (lnstallatfon Document L2 e< 0.5days
Remove old equipment
Odays
Technician Training of facitily staff
0.25days
Clean-up and monitoring of the ICM syslem
0.12 days
Formal facility training
1 day
Kauai Community Correctional Canter
6days
Site prep and replacement of 4 phones
0.25days
Wiring and lnstaDalion of 4 additional phone
1.75 days
lnstallaUon of networl< interface unit
0.25days
Lightning Protection Installation
0.13days
0.12days
Cross-Connect Black Installation
Workstation cabling
0.13 days
0.12 days
Workstation set-up
Setup of the ICM Platform
0.25days
AcllvaliOll of Iha voice and data network.
0.13 days
PreUminary syslem testing (lnstaDallon Oocume11t L1 comr 0.5days
0,5days
System Tum Up and cutover
..
System Test and Acceptance (Installation Document L2 ci 0.5days
Remove old equipment
Odays
0.25days
Technician Training of facility staff
0.12 days
Clean-up and monitoring of the ICM system
1 day
Formal facilHy training

Start

Finish

Thu 211118
Thu 211118
Thu 211/18
Thu 211118
Thu 211/18
Thu 2/1/18
Thu 211/18- Thu 211/18
Fri 212118
.. Fri 2/2118
Fri 212118
Fri 219/18
Fri 212118Fr1 212/18
Fri2/2118 .... Mon 215118
Tue 216/18
Tue216/1B.
Tue218/18
Tue 216118
Tue 218/18
Tue 218/18.
Wed2/7/18
Wed 2/7118:
Wed 217/18
..
Thu 218118
Thu 218/18
Thu 218/18
Thu 218118
Fri 219118

200
201
202
203

204

...

Tue 216118 ..
Tue 216118
Tue 216118
Tue 216118
Tue 2/6118
Tue 216118:
Wed2/7/18
Wed217/18
Thu2/8118:
·· ·thu 2i'Bl18 ·····
Thu2/8/18
Thu 21811 ti'
Thu 2/8/18
Fri 219/18

204
207
200
200
210
211
212
213
214
215
216
217
218
219
220

221

Pages

Hawaii Department of Corrections
Implementation Plan
bec3 '17

~10,'17

FIS iit.ihiwlTIF Is S 1..iir lwlT IF Ii::

~,31,'17
'18
P:f~7. '17
81I I I
~,. '11?.,1 T I FIR
· I 1Feb4
J~? 111' '1?.i1ITIFiR
·I I IRiM
iir lwlTI F Ii:: P:f~4,'17
ilTiWITll'"IR
MITlwlTIFls J:~~·1'i,w1 TI FI s iSIMIT
~~7~1".1
11 I FIR
I J~
T 8WT
RIMIT
ii~hTwlr IF Is "ef
SMTWTFiS
~:f~r;1~IT I

if1

"""

•

~

~

-

rl

h

Page7

-

Hawaii Department of Corrections
Implementation Plan
~3 '17
~24,'17
~r·
1 ~17,'17
FIS s MhiwlrlFls Def
Mlriwlrlr::ls
SMTWTIFS
s MiTIWIT I FIS

'17,1 ,

'

-

;::__
-

·---··-

Janna,,

~·1 ' 1 ~..,1 T I F Il!'l ·i:i
MIT iwlr IF Is 1J~7
SIMIT

~31,'17

1Jan 2 1.'.1~1.T I Fi"
I
MT WT 1F 1ll'l ISIMIT

1w··1a
~f~/·~1~,1
·I I S "'
~:/ .~'~ 11~,f T I " I s sit,ll riwl T IF Is SM
T
TIF
1i:i M rlwlrl
il'eb 4 '18

M-~M-----

~

ilRlb.

\
t

i:-

>-

\

~

I ill

'

t
-

Page8

~

.

'n

Hawaii Department of Corrections
Implementation Plan

Page9

Hawaii Department of Corrections
Implementation Plan

Page 10

Hawaii Department of Corrections
Implementation Plan

Page11

Hawaii Department of Corrections
Implementation Plan

~

\\
Page 12

Attachment - 84

STATE OF HAWAII

CERTIFICATE OF EXEMPTION
FROM CIVIL SERVICE

1.

By Heads of Departments Delegated by the Director of the Department of Human Resource~
Development ("DHRD").*

Pursuant to a delegation of the authority by the Director of DHRD, I certify that the services to
be provided under this Contract, and the person(s) providing the services under this Contract are exempt
·
aii Revised Statutes
j

(1/Z).

(Signature)

'

~-f~o~~~3~-~h~/J~~~~~
(Date)
'

Nolan Espinda
(Print Name)

Director
(Print Tille)

* This part of the form may be used by all department heads and the heads of attached agencies to whom the Director
of DHRD expressly has delegated authority to certify§ 76-16, HRS, civil service exemptions. The specific paragraph(s) of
§ 76-16, HRS, upon which an exemption is based should be noted in the contract file. If an exemption is based on
§ 76-16(b)(15), the contract must meet the following conditions:
(1) lt involves the delivery of completed work or product by or during a specific time;
(2) There is no employee-employer relationship; and
(3) The authorized funding for the service is from other than the" A" or personal services cost element.
NOTE: Not all attached agencies have received a delegation under § 76-16(b)(15). If in doubt, attached agencies should
check with the Director of DHRD prior to certifying an exemption under § 76-16(b)(15). Authority to certify exemptions
under §§76-16(b)(2), and 76-16(b)(12), HRS, has not been delegated; only the Director ofDHRD may certify§§ 76-16(b)(2),
and
76-16{b)(l2) exemptions.

2.

By the Director ofDHRD, State of Hawaii.

I certify that the services to be provided under this Contract, and the person(s) providing the
services under this Contract are exempt from the civil service, pursuant to §76-16, HRS.
IllIllIfIIII/II/IIIllIll11/III/IIllJIIIIIIIIIIJIIll/II/Ifl/I IIIIIfIfIllIfJIII1111
(Signature)

Ill11111JI111111II/IIIllIllI/II IIllIIllIllII/IIIllIIllIII/I/flJ!II/IIIllI/fl/fl//
(Print Name)

1111111111/flIllIll11111IIIIIllI11111Ill1111IIIllIIIIIIllIIIllII/I IIllIllII111111
(Print Tille, if desisnee of the Director of DHRD)

AG-014 Rev 612612006

{Dale)

Attachment - S5

STATE OF HAWAII

SPECIAL CONDITIONS
The State agrees that Contractor has not advised the State with respect to any law, regulation, or
guideline that may govern or control any telephone recording or monitoring by the State {including
PSD), or compliance therewith. The State has its own legal counsel to advise it concerning any and all
such Jaw, regulation, or guideline, and compliance therewith, and makes its own determination on when
and how to use the telephone monitoring and recording capabilities supplied through this Agreement.
Facsimile or electronic copy: This Contract may be executed and transmitted by facsimile or other
electronlc means. Facsimile or electronic signatures shall be acceptable and effective to the same
extent as original signatures, and shall be deemed the original of the Contract.

**"'*****************-************************'** END OF SECTION ***•***"'*************************•**********'***
SPECIAL CONDITIONS
PSD 16-COR-17

AG·O IS Rev I 1115/2005

GENERAL CONDITIONS
Table of Contents
Page(s)
1.

2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.

20.
21.
22.

23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.

35.
36.
37.

38.
39.
40.
41.

42.

Coordination of Services by the STATE .................................................•..............................................•........ 2
Relationship of Parties: Independent Contractor Status and Responsibilities, Including Tax
Responsibilities................................................................................................................................................ 2
Personnel Requirements .................................................................................................................................. 3
Nondiscrimination ........................................................................................................................................... 3
Conflicts of Interest ......................................................................................................................................... 3
Subcontracts and Assignments ........................................................................................................................ 3
Indemnification and Defense ...........................................................................................................................4
Cost ofLitigation ............................................................................................................................................. 4
Liquidated Damages ....................................................................................................................................... .4
STATE'S Right ofOffset. ................................................................................................................................4
Disputes .......................................................................................................................................................... .4
Suspension ofContract ....................................................................................................................................4
Te1mination for Default ................................................................................................................................... 5
Tennination for Convenience .......................................................................................................................... 6
Claims.Based on the Agency Procurement Officer's Actions or Omissions ................................................... 8
Costs and Expenses .........................................................................................................................................8
Payment Procedures; Final Payment; Tax Clearance ...................................................................................... 9
Federal Funds .................................................................................................................................................. 9
Modifications of Contract ................................................................................................................................ 9
Change Order................................................................................................................................................. I 0
Price Adjustm.ent ........................................................................................................................................... 11
Variation in Quantity for Definite Quantity Contracts .................................................................................. 11
Changes in Cost-Reimbursement Contract .................................................................................................... 11
Confidentiality of Material ............................................................................................................................ 12
Publicity......................................................................................................................................................... 12
Ownership Rights and Copyright .................................................................................................................. 12
Liens and Warranties ..................................................................................................................................... 12
Audit of Books and Records of the CONTRACTOR.................................................................................... 13
Cost or Pricing Data ...................................................................................................................................... 13
Audit of Cost or Pricing Data ........................................................................................................................ 13
Records Retention .......................................................................................................................................... 13
Antitrust Claims ............................................................................................................................................. 13
Patented Articles............................................................................................................................................ 13
Governing Law ..............................................................................................................................................14
Compliance with Laws .................................................................................................................................. 14
Conflict between General Conditions and Procurement Rules ..................................................................... 14
Entire Contract ............................................................................................................................................... 14
Severability .................................................................................................................................................... 14
Waiver ........................................................................................................................................................... 14
Pollution Control ........................................................................................................................................... 14
Campaign Contributions ................................................................................. :.............................................. 14
Confidentiality of Personal Infonnation ........................................................................................................ 14

AG-008 1030 General Conditions

I

GENERAL CONDITIONS
1.

Coordination of Services by the STATE. The head of the purchasing agency ("HOPA") (which tenn
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 perfonnance of this Contract. "Purchasing agency" as used in these
General Conditions means and includes any governmental body which is authorized Wlder 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 Resoonsibilities.
a.

In theperfonnance of services required under this Contract, the CONTRACTOR is an "independent
contractor," with the authority and responsibility to control and direct the perfonnance 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 STA1E'S opinion, the services are being
performed by the CONTRACTOR in compliance with this Contract. Unless otherwise provided by
special condition, it is Wlderstood 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 perfonnance 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 ofTaxation, 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 1030 General Conditions

2

3.

g.

The CONTRACTOR shall obtain a certificate of compliance issued by the Department ofLabor and
Industrial Relations, State of Hawaii, in accordance with sectionl 030-310, HRS, and section 3-122112, 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 ofTaxation, 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.

Personnel Requirements.
a.

The CONTRACTOR shall secure, at the CONTRACTOR'S own expense, all personnel required to
perfonn 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 oflnterest. 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.

b.

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 STA TE; and
·

(3)

The CONTRACTOR shall continue to furnish, and the Assignee shall also furnish, all
required bonds.

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 l03D 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 tenns 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, ifthe CONTRACTOR is
tenninated 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 Perfonnance),
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 ofHawaii 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 ofany 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 ofHawaii, 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 perfonnance. 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 1030 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; ~d (4) Other instructions and suggestions to the CONTRACTOR for minimizing
costs. Upon receipt of such an order, the CONTRACTOR shall forthwith comply with its tenns and
suspend all ped'onnance 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:

b.

13.

(1)

Cancel the stop perfonnance 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.

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 perfonnance. 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 perfonnance 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 perfonnance. If a stop performance order is not cancelled and the
performance covered by such order is tenninated 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
detennined in accordance with the price adjustment provision of this Contract.

Termination for Default.
a.

Default. If the CONTRACTOR refuses or fails to perfonn 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. Jn the event of tennination 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 tennination of the Contract and subject to any directions
from the Agency procurement officer, the CONTRACTOR shall take timely, reasonable, and

AG-0-08 1030 General Conditions

5

necessary action to protect and preserve property in the possession of the CONTRACTOR in which
the STATE has an interest.

14.

c.

Compensation. Payment for completed goods and services delivered and accepted by the STATE
shall be at the price set forth in the Contract. Payment for the protection and preservation of property
shall be in an amount agreed upon by the CONTRACTOR and the Agency procurement officer. If
the parties fail to agree, the Agency procurement officer shall set an amount subject to the
CONTRACTOR'S rights under chapter 3-126, HAR. The STATE may withhold from amounts due
the CONTRACTOR such sums as the Agency procurement officer deems to be necessary to protect
the STATE against loss because of outstanding liens or claims and to reimburse the STATE for the
excess costs expected to be incurred by the STATE in procuring similar goods and services.

d.

Excuse for nonperfqnnance or delayed performance. The CONTRACTOR shall not be in default by
reason of any failure in perfonnance of this Contract in accordance with its tenns, including any
failure by the CONTRACTOR to make progress in the prosecution of the performance hereunder
which endangers such perfonnance, if the CONTRACTOR has notified the Agency procurement
officer within fifteen ( 15) days after the cause of the delay and the failure arises out of causes such as:
acts of God; acts of a public enemy; acts of the State 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. If the failure to perform is caused by
the failure of a subcontractor to perfonn 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 and services to be furnished by the subcontractor were reasonably obtainable from other
sources in sufficient time to permit the CONTRACTOR to meet the requirements of the Contract.
Upon request of the CONTRACTOR, the Agency procurement officer shall ascertain the facts and
extent of such failure, and, if such officer determines that any failure to perfonn was occasioned by
any one or more of the excusable causes, and that, but for the excusable cause, the CONTRACTOR'S
progress and perfonnance would have met the tenns of the Contract, the delivery schedule shall be
revised accordingly, subject to the rights of the STATE under this Contract. As used in this
paragraph, the term "subcontractor" means subcontractor at any tier.

e.

Erroneous termination for default. If, after notice of termination of the CONTRACTOR'S right to
proceed under this paragraph, it is detennined for any reason that the CONTRACTOR was not in
default under this paragraph, or that the delay was excusable under the provisions of subparagraph
l 3d, "Excuse for nonperformance or delayed performance,'' the rights and obligations of the parties
shall be the same as if the notice of termination had been issued pursuant to paragraph 14.

f.

Additional rights and remedies. The rights and remedies provided in this paragraph are in addition to
any other rights and remedies provided by law or under this Contract.

Termination for Convenience.
a.

Termination. The Agency procurement officer may, when the interests of the STATE so require,
terminate this Contract in whole or in part, for the convenience of the STATE. The Agency
procurement officer shall give written notice of the termination to the CONTRACTOR specifying the
part of the Contract tenninated and when termination becomes effective.

b.

CONTRACTOR'S obligations. The CONTRACTOR shall incur no further obligations in connection
with the terminated performance and on the date(s) set in the notice of termination the
CONTRACTOR will stop performance to the extent specified. The CONTRACTOR shall also
terminate outstanding orders and subcontracts as they relate to the terminated performance. The
CONTRACTOR shall settle the liabilities and claims arising out of the termination of subcontracts
and orders connected with the terminated perfonnance subject to the STATE'S approval. The
Agency procurement officer may direct the CONTRACTOR to assign the CONTRACTOR'S right,
title, and interest under terminated orders or subcontracts to the STATE. The CONTRACTOR must
still complete the performance not terminated by the notice of termination and may incur obligations
as necessary to do so.

AG-008 1030 General Conditions

6

c.

Right to goods and work product. The Agency procurement officer may require the CONTRACTOR
to transfer titJe and deliver to the STATE in the manner and to the extent directed by the Agency
procurement officer:
(1)

Any completed goods or work product; and

(2)

The partially completed goods and materials, parts, tools, dies, jigs, fixtures, plans, drawings,
infonnation, and contract rights (hereinafter called "manufacturing material") as the
CONTRACTOR has specifically produced or specially acquired for theperfonnance of the
terminated part of this Contract.

The CONTRACTOR shall, upon direction of the Agency procurement officer, protect and preserve
property in the possession of the CONTRACTOR in which the STATE has an interest. Ifthe Agency
procurement officer does not exercise this right, the CONTRACTOR shall use best efforts to sell
such goods and manufacturing materials. Use of this paragraph in no way implies that the STATE
has breached the Contract by exercise of the termination for convenience provision.
d.

Compensation.
(1)

The CONTRACTOR shall submit a tennination claim specifying the amounts due because of
the tennination for convenience together with the cost or pricing data, submitted to the extent
required by chapter 3-122, HAR, bearing on such claim. If the CONTRACTOR fails to file
a tennination claim within one year from the effective date of tennination, the Agency
procurement officer may pay the CONTRACTOR. if at all, an amount set in accordance with
subparagraph 14d{3) below.

(2)

The Agency procurement officer and the CONTRACTOR may agree to a settlement
provided the CONTRACTOR has filed a tennination claim supported by cost or pricing data
submitted as required and that the settlement does not exceed the total Contract price plus
settlement costs reduced by payments previously made by the STATE, the proceeds of any
sales of goods and manufacturing materials under subparagraph l 4c, and the Contract price
of the performance not tenninated.

(3)

Absent complete agreement under subparagraph 14d(2) the Agency procurement officer
shall pay the CONTRACTOR the following amounts, provided payments agreed to under
subparagraph l 4d(2) shall not duplicate payments under this subparagraph for the following:
(A)

Contract prices for goods or services accepted under the Contract;

(B)

Costs incurred in preparing to perform and perfonning the tenninated portion of the
performance plus a fair and reasonable profit on such portion of the performance,
such profit shall not include anticipatory profit or consequential damages, less
amounts paid or to be paid for accepted goods or services; provided, however, that if
it appears that the CONTRACTOR would have sustained a loss if the entire
Contract would have been completed, no profit shall be allowed or included and the
amount of compensation shall be reduced to reflect the anticipated rate of loss;

(C)

Costs of settling and paying claims arising out of the tennination of subcontracts or
orders pursuant to subparagraph 14b. These costs must not include costs paid in
accordance with subparagraph 14d(3)(B);

{D)

The reasonable settlement costs of the CONTRACTOR. including accounting, legal,
clerical, and other expenses reasonably necessary for the preparation of settlement
claims and supporting data with respect to the terminated portion of the Contract and
for the tennination of subcontracts thereunder, together with reasonable storage,
transportation, and other costs incurred in connection with the protection or
disposition ofproperty allocable to the tenninated portion of this Contract. The total
sum to be paid the CONTRACTOR under this subparagraph shall not exceed the

AG-008 1030 General Conditions

7

total Contract price plus the reasonable settlement costs of the CONTRACTOR
reduced by the amount of payments otheiwise made, the proceeds of any sales of
supplies and manufacturing materials under subparagraph 14d(2), and the contract
price of performance not tenninated.
(4)
15.

Claims Based on the Agency Procurement Officer's Actions or Omissions.
a.

Changes in scope. If any action or omission on the part of the Agency procurement officer (which
term includes the designee of such officer for purposes of this paragraph 15) 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)

16.

Costs claimed, agreed to, or established under subparagraphs 14d(2) and 14d(3) shall be in
accordance with Chapter 3~123 (Cost Principles) of the Procurement Rules.

Written notice required. The CONTRACTOR shall give written notice to the Agency
procurement officer:
(A)

Prior to the commencement of the perfonnance 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 performance; or

(C)

Within such further time as may be allowed by the Agency procurement officer in
writing.

(2)

Notice content. 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 Agency procurement officer, upon receipt of such notice, may
rescind such action, remedy such omission, or talce such other steps as may be deemed
advisable in the discretion of the Agency procurement officer;

(3)

Basis must be explained. The notice required by subparagraph I Sa( I) 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)

Claim must be justified. The CONTRACTOR must maintain and, upon request, make
available to the Agency procurement officer within a reasonable time, detailed records to the
extent practicable, and other documentation and evidence satisfactory to the STATE,
justifying the claimed additional costs or an extension of time in connection with such
changes.

b.

CONTRACTOR not excused. Nothing herein contained, however, shall excuse the CONTRACTOR
from compliance with any rules or laws precluding any state officers and 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.

Price adjustment. Any adjustment in the price made pursuant to this paragraph shall be determined in
accordance with the price adjustment provision of this Contract

Costs and Expenses. Any reimbursement due the CONTRACTOR for per diem and transportation expenses
under this Contract shall be subject to chapter 3-123 (Cost Principles}, HAR, and the following guidelines:

AG-008 1030 General Conditions

8

17.

a.

Reimbursement for air transportation shall be for actual cost or coach class air fare, whichever is less.

b.

Reimbursement for ground transportation costs shall not exceed the actual cost of renting an
intermediate-sized vehicle.

c.

Unless prior written approval of the HOPA is obtained, reimbursement for subsistence allowance
(i.e., hotel and meals, etc.) shall not exceed the applicable daily authorized rates for inter-island or
out-of-state travel that are set forth in the current Governor's Executive Order authorizing adjustments
in salaries and benefits for state officers and employees in the executive branch who are excluded
from collective bargaining coverage.

Payment Procedures: Final Pavment: Tax Clearance.
a.

All payments under this Contract shall be made only upon submission by
the CONTRACTOR of original invoices specifying the amount due and certifying that services
requested under the Contract have been performed by the CONTRACTOR according to the Contract

b.

Subject to available funds. Such payments are subject to availability of funds and allotment by the
Director of Finance in accordance with chapter 37, HRS. Further, all payments shall be made in
accordance with and subject to chapter 40, HRS.

c.

Prompt payment.

d.

Original invoices reouired.

(1)

Any money, other than retainage, paid to the CONTRACTOR shall be disbursed to
subcontractors 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; and

(2)

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 perfonnance
under the subcontract.

Final payment. Final payment under this Contract shall be subject to sections 103-53 and 103D-328,
HRS, which require a tax clearance 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 have been paid. Further, in accordance with section 3-122-112, HAR,
CONTRACTOR shall provide a certificate affirming that the CONTRACTOR has remained in
compliance with all applicable laws as required by this section.

18.

Federal Funds. If this Contract is payable in whole or in part from federal funds, CONTRACTOR agrees that,
as to the portion of the compensation under this Contract to be payable from federal funds, the
CONTRACTOR shall be paid only from such funds received from the federal government, and shall not be
paid from any other funds. Failure of the STATE to receive anticipated federal funds shall not be considered
a breach by the STATE or an excuse for nonperfonnance by the CONTRACTOR.

19.

Modifications of Contract.
a.

In writing. Any modification, alteration, amendment, change, or extension of any term, provision, or
condition of this Contract permitted by this Contract shall be made by written amendinent to this
Contract, signed by the CONTRACTOR and the STATE, provided that change orders shall be made
in accordance with paragraph 20 herein.

b.

No oral modification. No oral modification, alteration, amendment, change, or extension of any
term, provision, or condition of this Contract shall be permitted.

AG-008 1030 General Conditions

9

c.

20.

Agency procurement officer. By written order, at any time, and without notice to any surety, the
Agency procurement officer may unilaterally order of the CONTRACTOR:
(A)

Changes in the work within the scope of the Contract; and

(B)

Changes in the time of performance of the Contract that do not alter the scope of the Contract
work.

d.

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 this 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.

e.

Claim barred after final payment. No claim by the CONTRACTOR for an adjustment hereunder
shall be allowed ifwritten modification of the Contract is not made prior to final payment under this
Contract.

f.

Claims not barred. In the absence of a written contract modification, nothing in this clause shall be
deemed to restrict the CONTRACTOR'S right to pursue a claim under this Contract or for a breach of
contract.

g.

Head of the purchasing agency approval. If this is a professional services contract awarded pursuant
to section 103D-303 or 103D-304, HRS, any modification, alteration, amendment, change, or
extension of any term, provision, or condition of this Contract which increases the amount payable to
the CONTRACTOR by at least $25,000.00 and ten per cent (10%) or more of the initial contract
price, must receive the prior approval of the head of the purchasing agency.

h.

Tax clearance. The STATE may, at its discretion, require the CONTRACTOR to submit to the
STATE, prior to the STATE'S approval of any modification, alteration, amendment, change, or
extension of any tenn, provision, or condition of this Contract, a tax clearance from the Director of
Taxation, State ofHawaii, and the Internal Revenue Service, U.S. Department of Treasury, showing
that all delinquent truces, if any, levied or accrued under state law and the Internal Revenue Code of
1986, as amended, against the CONTRACTOR have been paid.

i.

Sole source contracts. Amendments to sole source contracts that would change the original scope of
the Contract may only be made with the approval of the CPO. Annual renewal of a sole source
contract for services should not be submitted as an amendment.

Change Order. The Agency procurement officer may, by a written order signed only by the STATE, at any
time, and without notice to any surety, and subject to all appropriate adjustments, make changes within the
general scope of this Contract in any one or more of the following:

a.

(1)

Drawings, designs, or specifications, if the goods or services to be furnished are to be
specially provided to the STATE in accordance therewith;

(2)

Method of delivery; or

(3)

Place of delivery.

Adjustments of price or time for performance. If any 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 order, an adjustment shall be made and the Contract
modified in writing accordingly. Any adjustment in the Contract price made pursuant to this
provision shall be determined in accordance with the price adjustment provision of this Contract.
Failure of the parties to agree to an adjustment shall not excuse the CONTRACTOR from proceeding
with the Contract as changed, provided that the Agency procurement officer promptly and duly
makes the provisional adjustments in payment or time for performance as may be reasonable. By

AG·008 1030 General Conditions

10

,•

proceeding with the work, the CONTRACTOR shall not be deemed to have prejudiced any claim for
additional compensation, or any extension of time for completion.

21.

b.

Time period for claim. Within ten (10) days after receipt of a written change order under
subparagraph 20a, unless the period is extended by the Agency procurement officer in writing, the
CONTRACTOR shall respond with a claim for an adjustment. The requirement for a timely written
response by CONTRACTOR cannot be waived and shall be a condition precedent to the assertion of
a claim.

c.

Claim barred after final pavment. No claim by the CONTRACTOR for an adjustment hereunder
shall be allowed if a written response is not given prior to final payment under this Contract.

d.

Other claims not barred. In the absence of a change order, nothing in this paragraph 20 shall be
deemed to restrict the CONTRACTOR'S right to pursue a claim under the Contract or for breach of
contract.

Price Adjustment.
a.

b.

Price adjustment. Any adjustment in the contract price pursuant to a provision in this 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
perfonnance or as soon thereafter as practicable;

(2)

By unit prices specified in the Contract or subsequently agreed upon;

(3)

By the costs attributable to the event or situation covered by the provision, plus appropriate
profit or fee, all as specified in the Contract or subsequently agreed upon;

(4)

In such other manner as the parties may mutually agree; or

(5)

In the absence ofagreement between the parties, by a unilateral determination by the Agency
procurement officer of the costs attributable to the event or situation covered by the
provision, plus appropriate profit or fee, all as computed by the Agency procurement officer
in accordance with generally accepted accounting principles and applicable sections of
chapters 3-123 and 3-126, HAR.

Submission of cost or pricing data. The CONTRACTOR shall provide cost or pricing data for any
price adjustments subject to the provisions of chapter 3-122, HAR.

22.

Variation in Quantity for Def'mite Quantity Contracts. Upon the agreement of the STATE and the
CONTRACTOR, the quantity of goods or services, or both, if a definite quantity is specified in this Contract,
may be increased by a maximum of ten per cent (10%}; provided the unit prices will remain the same except
for any price adjustments otherwise applicable; and the Agency procurement officer makes a written
detennination that such an increase will either be more economical than awarding another contract or that it
would not be practical to award another contract.

23.

Changes in Cost-Reimbursement Contract. If this Contract is a cost-reimbursement contract, the following
provisions shall apply:
a.

The Agency procurement officer may at any time by written order, and without notice to the sureties,
if any, make changes within the general scope of the Contract in any one or more of the following:
(1)

Description ofperfonnance (Attachment l);

(2)

Time of performance (i.e., hours of the day, days of the week, etc.);

(3)

Place of performance of services;

AG..(l()S I OOD General Conditions

11

24.

(4)

Drawings, designs, or specifications when the supplies to be furnished are to be specially
manufactured for the STATE in accordance with the drawings, designs, or specifications;

(5)

Method of shipment or packing of supplies; or

(6)

Place of delivery.

b.

If any change causes an increase or. decrease in the estimated cost of, or the time required for
perfonnance of, any part of the performance under this Contract, whether or not changed by the
order, or otherwise affects any other tenns and conditions of this Contract, the Agency procurement
officer shall make an equitable adjustment in the (I) estimated cost, delivery or completion schedule,
or both; (2) amount of any fixed fee; and (3) other affected tenns and shall modify the Contract
accordingly.

c.

The CONTRACTOR must assert the CONTRACTOR'S rights to an adjustment under this provision
within thirty (30) days from the day of receipt of the written order. However, if the Agency
procurement officer decides that the facts justify it, the Agency procurement officer may receive and
act upon a proposal submitted before final payment under the Contract.

d.

Failure to agree to any adjustment shall be a dispute under paragraph 11 of this Contract. However,
nothing in this provision shall excuse the CONTRACTOR from proceeding with the Contract as
changed.

e.

Notwithstanding the terms and conditions of subparagraphs 23a and 23b, the estimated cost of this
Contract and, if this Contract is incrementally funded, the funds allotted for the perfonnance of this
Contract, shall not be increased or considered to be increased except by specific written modification
of the Contract indicating the new contract estimated cost and, if this contract is incrementally
funded, the new amount allotted to the contract.

Confidentiality of Material.
a.

All material given to or made available to the CONTRACTOR by virtue of this Contract, which is
identified as proprietary or confidential infonnation, \vill be safeguarded by the CONTRACTOR and
shall not be disclosed to any individual or organization without the prior written approval of the
STATE.

b.

All information, data, or other material provided by the CONTRACTOR to the STATE shall be
subject to the Uniform Information Practices Act, chapter 92F, HRS.

25.

Publicity. The CONTRACTOR shall not refer to the STATE, or any office, agency, or officer thereof, or any
state employee, including the HOPA, the CPO, the Agency procurement officer, or to the services or goods,
or both, provided under this Contract, in any of the CONTRACTOR'S brochures, advertisements, or other
publicity of the CONTRACTOR. All media contacts with the CONTRACTOR about the subject matter of
this Contract shall be referred to the Agency procurement officer.

26.

Ownership Rights and Copyright. The STATE shall have complete ownership of all material, both finished
and unfinished, which is developed, prepared, assembled, or conceived by the CONTRACTOR pursuant to
this Contract, and all such material shall be considered "works made for hire." All such material shall be
delivered to the STATE upon expiration or termination of this Contract. The STATE, in its sole discretion,
shall have the ex.elusive right to copyright any product, concept, or material developed, prepared, assembled,
or conceived by the CONTRACTOR pursuant to this Contract.

27.

Liens and Warranties. Goods provided under this Contract shall be provided free of all liens and provided
together with all applicable warranties, or with the warranties described in the Contract documents, whichever
are greater.

AG-008 1030 General Conditions

12

28.

29.

Audit of Books and Records of the CONTRACTOR. The STATE may, at reasonable times and places, audit
the books and records of the CONTRACTOR, prospective contractor, subcontractor, or prospective
subcontractor which are related to:
a.

The cost or pricing data, and

b.

A state contract, including subcontracts, other than a firm fixed-price contract.

Cost or Pricing Data. Cost or pricing data must be submitted to the Agency procurement officer and timely
certified as accurate for contracts over $100,000 unless the contract is for a multiple-term or as otherwise
specified by the Agency procurement officer. Unless otherwise required by the Agency procurement officer,
cost or pricing data submission is not required for contracts awarded pursuant to competitive sealed bid
procedures.

If certified cost or pricing data are subsequently found to have been inaccurate, incomplete, or noncurrent as
of the date stated in the certificate, the STATE is entitled to an adjustment of the contract price, including
profit or fee, to exclude any significant sum by which the price, including profit or fee, was increased because
of the defective data. It is presumed that overstated cost or pricing data increased the contract price in the
amount of the defect plus related overhead and profit or fee. Therefore, unless there is a clear indication that
the defective data was not used or relied upon, the price will be reduced in such amount.
30.

Audit of Cost or Pricing Data. When cost or pricing principles are applicable, the STATE may require an
audit of cost or pricing data.

31.

Records Retention.
(1)

Upon any termination of this Contract or as otherwise required by applicable law,
CONTRACTOR shall, pursuant to chapter 487R, HRS, destroy all copies (paper or electronic
form) of personal information received from the STATE.

(2)

The CONTRACTOR and any subcontractors shall maintain the files, books, and records that relate to
the Contract, including any personal information created or received by the CONTRACTOR on
behalf of the STATE, and any cost or pricing data, for at least three (3) years after the date of final
payment under the Contract. The personal information shall continue to be confidential and shall
only be disclosed as pennitted or required by law. After the three (3) year, or longer retention period
as required by law has ended, the files, books, and records that contain personal information shall be
destroyed pursuant to chapter 487R, HRS or returned to the STATE at the request of the STATE.

32.

Antitrust Claims. The STATE and the CONTRACTOR recognize that in actual eeonomic practice,
overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the
CONTRACTOR hereby assigns to STATE any and all claims for overcharges as to goods and materials
purchased in connection with this Contract, except as to overcharges which result from violations
commencing after the price is established under this Contract and which are not passed on to the STATE
under an escalation clause.

33.

Patented Articles. The CONTRACTOR shall defend, indemnify, and hold hannless the STATE, and its
officers, employees, and agents from and against all liability, loss, damage, cost, and expense, including all
attorneys fees, and all claims, suits, and demands arising out of or resulting from any claims, demands, or
actions by the patent holder for infringement or other improper or unauthorized use of any patented article,
patented process, or patented appliance in connection with this Contract. The CONTRACTOR shall be solely
responsible for correcting or curing to the satisfaction of the STATE any such infringement or improper or
unauthorized use, including, without limitation: (a) furnishing at no cost to the STATE a substitute article,
process, or appliance acceptable to the STATE, (b) paying royalties or other required payments to the patent
holder, (c) obtaining proper authorizations or releases from the patent holder, and (d) furnishing such security
to or making such arrangements with the patent holder as may be necessary to correct or cure any such
infringement or improper or unauthorized use.

AG-008 1030 General Conditions

13

,'

34.

Governing Law. The validity of this Contract and any of its terms or provisions, as well as the rights and
duties of the parties to this Contract, shall be governed by the laws of the State of Hawaii. Any action at law
or in equity to enforce or interpret the provisions of this Contract shall be brought in a state court of
competent jurisdiction in Honolulu, Hawaii.

35.

Compliance with Laws. The CONTRACTOR shall comply with all federal, state, and county laws,
ordinances, codes, rules, and regulations, as the same may be amended from time to time, that in any way
affect the CONTRACTOR'S performance of this Contract.

36.

Conflict Between General Conditions and Procurement Rules. In the event of a conflict between the General
Conditions and the procurement rules, the procurement rules in effect on the date this Contract became
effective shall control and are hereby incorporated by reference.

37.

Entire Contract. This Contract sets forth all of the agreements, conditions, understandings, promises,
warranties, and representations between the STATE and the CONTRACTOR relative to this Contract. This
Contract supersedes all prior agreements, conditions, understandings, promises, warranties, and
representations, which shall have no further force or effect. There are no agreements, conditions,
understandings, promises, warranties, or representations, oral or written, express or implied, between the
STATE and the CONTRACTOR other than as set forth or as referred to herein.

38.

Severabilitv. In the event that any provision of this Contract is declared invalid or unenforceable by a court,
such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms of this
Contract.

39.

Waiver. The failure of the STATE to insist upon the strict compliance with any tenn, provision, or condition
of this Contract shall not constitute or be deemed to constitute a waiver or relinquishment of the STATE'S
right to enforce the same in accordance with this Contract. The fact that the STATE specifically refers to one
provision of the procurement rules or one section of the Hawaii Revised Statutes, and does not include other
provisions or statutory sections in this Contract shall not constitute a waiver or relinquishment of the
STATE'S rights or the CONTRACTOR'S obligations under the procurement rules or statutes.

40.

Pollution Control. If during the performance of this Contract, the CONTRACTOR encounters a "release" or
a "threatened release" ofa reportable quantity ofa "hazardous substance," "pollutant," or "contaminant" as
those terms are defined in section 128D-1, HRS, the CONTRACTOR shall immediately notify the STATE
and all other appropriate state, county, or federal agencies as required by law. The Contractor shall take all
necessary actions, including stopping work, to avoid causing, contributing to, or making worse a release of a
hazardous substance, pollutant, or contaminant, and shall promptly obey any orders the Environmental
Protection Agency or the state Department of Health issues in response to the release. In the event there is an
ensuing cease-work period, and the STATE determines that this Contract requires an adjustment of the time
for performance, the Contract shall be modified in writing accordingly.

41.

Campaign Contributions. The CONTRACTOR is hereby notified of the applicability of 11-355, HRS, which
states that campaign contributions are prohibited from specified state or county government contractors
during the terms of their contracts if the contractors are paid with funds appropriated by a legislative body.

42.

Confidentiality of Personal Inforniation.
a.

Definitions.
"Personal infonnation" means an individual's first name or first initial and last name in
combination with any one or more of the following data elements, when either name or data
elements are not encrypted:
(1)

Social security number;

(2)

Driver's license number or Hawaii identification card number; or

AG--008 1030 General Conditions

14

,'

(3)

Account number, credit or debit card number, access code, or password that would permit
access to an individual's financial information.

Personal information does not include publicly available infonnation that is lawfully made
available to the general public from federal, state, or local government records.
"Technological safeguards" means the technology and the policy and procedures for use of the
technology to protect and control access to personal information.
b.

c.

d.

Confidentiality of Material.
(1)

All material given to or made available to the CONTRACTOR by the STATE by virtue
of this Contract which is identified as personal information, shall be safeguarded by the
CONTRACTOR and shall not be disclosed without the prior written approval of the
STATE.

(2)

CONTRACTOR agrees not to retain, use, or disclose personal information for any
purpose other than as pennitted or required by this Contract.

(3)

CONTRACTOR agrees to implement appropriate "technological safeguards" that are
acceptable to the STATE to reduce the risk of unauthorized access to personal
information.

(4)

CONTRACTOR shall report to the STATE in a prompt and complete manner any
security breaches involving personal information.

(5)

CONTRACTOR agrees to mitigate, to the extent practicable, any harmful effect that is
known to CONTRACTOR because of a use or disclosure of personal information by
CONTRACTOR in violation of the requirements of this paragraph.

(6)

CONTRACTOR shall complete and retain a log of all disclosures made of personal
information received from the STATE, or personal information created or received by
CONTRACTOR on behalf of the STATE.

Security Awareness Training and Confidentialitv Agreements.
(1)

CONTRACTOR certifies that all of its employees who will have access to the personal
information have completed training on security awareness topics relating to protecting
personal information.

(2)

CONTRACTOR certifies that confidentiality agreements have been signed by all of its
employees who will have access to the personal information acknowledging that:
(A)

The personal information collected, used, or maintained by the CONTRACTOR
will be treated as confidential;

(B)

Access to the personal information will be allowed only as necessary to perfonn
the Contract; and

(C)

Use of the personal information will be restricted to uses consistent with the
services subject to this Contract.

Tennination for Cause. In addition to any other remedies provided for by this Contract, ifthe
STATE learns of a material breach by CONTRACTOR of this paragraph by CONTRACTOR, the
STATE may at its sole discretion:

AG-008 I 030 General Conditions

15

(1)

Provide an opportunity for the CONTRACTOR to cure the breach or end the violation; or

(2)

fmmediately tenninate this Contract.

In either instance, the CONTRACTOR and the STATE shall follow chapter487N, HRS, with
respect to notification of a security breach of personal infonnation.

e.

Records Retention.

(1)

(2)

Upon any tennination of this Contract or as otherwise required by applicable law,
CONTRACTOR shall, pursuant to chapter 487R, HRS, destroy all copies (paper or
electronic form) of personal information received from the STATE.
The CONTRACTOR and any subcontractors shall maintain the files, books, and records
that relate to the Contract, including any personal information created or received by the
CONTRACTOR on behalf of the STATE, and any cost or pricing data, for at least three
(3) years after the date of final payment under the Contract. The personal information
shall continue to be confidential and shall only be disclosed as permitted or required by
, law. After the three (3) year, or longer retention period as required by law has ended, the
files, books, and records that contain personal information shall be destroyed pursuant to
chapter 487R, HRS or returned to the STATE at the request of the STATE.

AG-OOS 1030 General Conditions

16