DAVID Y. IGEGOVERNOR OF HAWAII

•5's5^<^i'

STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES

POST OFFICE BOX 621HONOLULU, HAWAII 96809

CARTY S. CHANGINTERIM CHAmPERSON

BOARD OF LAND AND NATURAL RESOURCESCOMMISSION ON WATER RESOURCE MANAGEMENT

DANIEL S. QUINNINTERIM FIRST DEPUTY

W. ROY HARDYACTING DEPUTY DIRECTOR-WATIiU

AQUATIC RESOURCESBOATING AND OCEAN RECREATION

DURIiAU OT CONVIiYANCESCOMMISSION ON WATER RESOURCE MANAGEMHNTF

CONSERVATION AND COASTAL LANDSCONSERVATION AND RESOURCES ENFORCEMENT

ENGINEERDS'GFORESTRY AND WILDLIFEHISTORIC PRESERVATION

KAHOOLAWIi ISLAND RESERVE COMMISSIONLAND

STATE PARKS

REQUEST FOR PROPOSALSNO. RFP-LD-15-001-SW

Notice to OfferorsNotice is hereby given that the Department of Land and Natural Resources (DLNR) will beaccepting sealed proposals for: Consulting Services for a Land Management SystemRedesign: Requirements, Analysis and Design, State of Hawaii, Department of Land andNatural Resources.

The Request for Proposals (RFP) No. RFP-LD-15-001-SW may be downloaded from the DLNRLand Division Public Hearings and Notices website at:

http://dlnr.hawaii.qov/ld/public-hearings-and-notices/

starting on Monday, March 30, 2015. A hard copy of the Request for Proposals shall also beavailable for public inspection or pick up at any of the following Land Division offices:

Main Land Division Office1151 Punchbowl Street, Room 220Honolulu, Hawaii 96813Ph: (808)587-0414

Maui District Land Office54 High Street, Room 101Wailuku, Hawaii 96793Ph: (808) 984-8103

Hawaii District Land Office75 Aupuni Street, Room 204Hilo, Hawaii 96720Ph: (808)961-9590

Kauai District Land Office3060 Eiwa Street, Room 208Lihue, Hawaii 96766Ph: (808) 274-3491

Sealed proposals submitted in response to this solicitation will be received and time stamped at theMain LAND DIVISION Office at Room 220 of the Kalanimoku Buildling, 1151 Punchbowl Street,Honolulu, Hawaii 96813 only until 2:00 p.m. HST, Friday, May 1, 2015. Email and facsimiletransmissions shall not be accepted.

The official time received shall be that which is recorded on the time stamp clock of the MainLAND DIVISION Office in Honolulu for all proposals. Proposals may be submitted by handdelivery, private mail or courier services, the United States Postal Service, or other method ofdelivery, but must be time stamped at the Main LAND DIVISION Office in Honolulu no laterthan 2:00 p.m. HST on Friday, May 1, 2015 in order to be considered.

DLNR reserves the right to reject any or all proposals and to accept the proposals in whole or partin the best interest of the State. Questions relating to this solicitation shall be directed to the DLNRLAND DIVISION identified by subject heading "RFP-LD-15-001-SW" via email atDerrick. C.Ribilla(a)hawaii.qov no later than 4:00 p.m. HST on Monday, April 13,2015.

Carty^. Q^ang / /Interi^n Qhairpers0n /

DEPARTMENT OFkfAND AND NATURAL RESOURCES

Statewide Publication:Internet posting from March 30, 2015

Department of Land & NaturalResources - Land Division

LEGAL AD DATE: March 30, 2015

REQUEST FOR PROPOSALSNo. RFP-LD-15-001-SW

SEALED OFFERSFOR

Consulting Services for a Land Management SystemRedesign: Requirements, Analysis and Design

STATE OF HAWAIIDEPARTMENT OF LAND & NATURAL RESOURCES

LAND DIVISION

WILL BE RECEIVED UP TO 2:00 P.M. (HST) ON

MAY 1,2015

IN THE DEPARTMENT OF LAND & NATURAL RESOURCES, LAND DIVISION, 1151

PUNCHBOWL STREET, ROOM 220, HONOLULU, HAWAII 96813. OFFER MUST BE

SEALED AND ADDRESSED ATTN: DERRICK RIBILLA, WITH "RFP-LD-15-001-SW"

CLEARLY INDICATED ON THE PACKAGING. DIRECT QUESTIONS RELATING TO THIS

SOLICITATION VIA EMAIL TO DERRICK RIBILLA AT DERRICK.C.RIBILLA@HAWAII.GOV,

WITH "RFP-LD-15-001-SW" IN THE SUBJECT LINE.

P('^>ci^r/ement Officer

RFP-LD-15-001-SW

TABLE OF CONTENTS

Page

SECTION ONE: INTRODUCTION AND KEY DATES 5

SECTION TWO: SCOPE OF WORK 6

SECTION THREE: PROPOSAL FORMAT AND CONTENT 13

SECTION FOUR: EVALUATION CRITERIA AND CONTRACTOR SELECTION 18

SECTION FIVE: SPECIAL PROVISIONS 19

SECTION SIX: ATTACHMENTS AND EXHIBITS 31

• Attachment 1: OFFER FORM, OF-1• Attachment 2: OFFER FORM, OF-2

RFP-LD-15-001-SW

SECTION ONE

INTRODUCTION AND KEY DATES

1.01 TERMS AND ACRONYMS USED THROUGHOUT THE SOLICITATION

AMS = Asset Management System

BAFO = Best and Final Offer

BRD = Business Requirements Document

Consultant = The Offeror selected and contracted to deliver thework specified in this RFP

CPO = Chief Procurement Officer

DAGS = Department of Accounting and General Services

DBMS = Database Management System

DLNR = Department of Land & Natural Resources

GC = General Conditions, issued by the Department ofthe Attorney General

GET = General Excise Tax

GIS = Geographic Information System

HAR = Hawaii Administrative Rules

HRS = Hawaii Revised Statutes

LD = DLNR Land Division

OIMT = Office of Information Management and Technology

Offeror = Any individual, partnership, firm, corporation,joint venture, or representative or agent,submitting an offer in response to this solicitation.

OS = Operating System

PLTIS = Public Land Trust Information System

PO = .Procurement Officer; The contracting officer for theState of Hawaii, Department of Land & NaturalResources.

RFP = Request for Proposals

SLIMS = State Land Information Management System, thecurrent land management system utilized byDLNR's Land Division

SLA = Service Level Agreement

SLH = Session Laws of Hawaii

State = State of Hawaii, including each departments andpolitical subdivisions

RFP-LD-15-001-SW

TLS = Trust Land Status

TMK = Tax Map Key

TSD = Technical Specification Document

RFP-LD-15-001-SW

1.02 INTRODUCTION

The Department of Land and Natural Resources (DLNR) Land Division (LD) hasdetermined that it is necessary to redesign its State Land Information ManagementSystem (SLIMS). SLIMS is LD's primary tool for managing its land and encumbrances,such as leases, permits, rights of entry, and easements. SLIMS was implemented in theyear 2000, and although the application has served its purpose over the past 15 years,the application must be redesigned to meet LD's current business needs. LD hasdetermined that the redesign must be handled in two phases, where the first phaseincludes requirements gathering, analysis, and system design, and the second phaseincludes software development, data migration, testing and implementation. This RFPspecifically requests consulting services for phase I of the overall project. Deliverablesdeveloped in phase I of this project will be used as the starting point for the developmentin phase II.

1.03 CANCELLATION

This RFP may be cancelled and any or all proposals rejected in whole or in part, withoutliability to the State, when it is determined to be in the best interests of the State.

1.04 RFP SCHEDULE AND SIGNIFICANT DATES

The schedule set out herein represents the State's best estimate of the schedule that willbe followed. All dates indicated are 4:00pm Hawaii Standard Time (HST) unlessotherwise stated. If a component of this schedule, such as "Proposal Due" date, isdelayed, the rest of the schedule will likely be shifted by the same number of days. Theapproximate schedule is as follows:

Advertising of Request for Proposals

Deadline to Submit Written Questions

State's Response to Written Questions

Proposals Due (time-stamped upon receipt by the Main LandDivision office in Honolulu) and OpenedProposal Evaluations

Discussion with Priority Listed Offerors (if necessary)

Best and Final Offers (if necessary)

Notice of Award

Contract Start Date

March 30, 2015

April13,2015

April 20, 2015

May 1,20152:00 p.m.

May 15, 2015

TBDTBDTBD

As determined by theNotice to Proceed

RFP-LD-15-001-SW

SECTION TWO

SCOPE OF WORK

2.01 PROJECT OVERVIEW

The Land Division's (LD's) primary tool for managing its land and encumbrances, suchas leases, permits, rights of entry and easements, is the State Land InformationManagement System (SLIMS). This system is a customized version of Yardi'sEnterprise Property Management Software (version 4.3) and was implemented in theyear 2000. It is a client-server application with an Oracle database. Although theapplication has served its purpose over the past 15 years, the application must beredesigned to meet LD's current business needs. LD has determined that the redesignmust be handled in two phases, where the first phase includes requirements gathering,analysis, and system design, and the second phase includes software development,data migration, testing and implementation. This RFP specifically requests consultingservices for phase I of the overall project. Deliverables developed in phase I of thisproject will be used as the starting point for the development in phase II.

The current implementation of SLIMS has been customized to include both accountingfunctionality and land management functionality. All users, including accounting staff,land agents, abstractors, and central processing staff, access this one application toobtain the information they need. In most cases, the users are interested in either theaccounting information or the land management information, but not both. Althoughhaving all data housed in a single database has its advantages, it also makes it difficultfor users to retrieve pertinent information.

The redesigned system is envisioned to consist of two separate applications which willintegrate and/or communicate with each other. The accounting portion of the existingSLIMS application would be migrated and upgraded to Yardi's Voyager product while theland management portion of the existing SLIMS application would be migrated to acustom built application which will be designed as part of this RFP. The integrationand/or communication between the applications will also be designed as part of thisRFP. The Office of Information Management and Technology (OIMT) purchased anEnterprise Asset Management Solution (AMS), which must also be evaluated as analternative to Yardi's Voyager product. The Consultant shall work with DLNRstakeholders to determine if the AMS solution is a more feasible solution than Yardi'sVoyager product. If the AMS turns out to be a more feasible option, the system designshall utilize the AMS instead of Voyager, and the Contractor shall effectively substitutereferences to Yardi and Voyager within this document with OIMT and AMS whereappropriate.

The intent of this RFP is to obtain a Contractor that will perform all functions pertaining to PhaseI of the overall project, including requirements gathering, analysis, and system design.Deliverables of this RFP include a Business Requirements Document (BRD), a TechnicalSpecifications Document (TSD), and a Project Schedule for Phase II of the overall project. TheContractor will manage all aspects of the project, and take all necessary steps to ensure that thedeliverables are acceptable to stakeholders and completed in a timely manner. Although Yardiwill be directly involved in the analysis, design, and migration of data as it relates to theEnterprise and Voyager applications, the Contractor is required to oversee, manage, and

RFP-LD-15-001-SW

document that effort as well. In the end, the Contractor will produce a BRD, TSD, and ProjectSchedule that will be used as the starting point for Phase II of the overall project.

2.02 SCOPE OF WORK

The Contractor must perform all necessary tasks to deliver a Business RequirementsDocument (BRD), a Technical Specifications Document (TSD), and a Project Schedulethat will be used as a starting point for Phase II of the overall project. The deliverablesmust be acceptable to the LD Project Team and completed in a timely manner. Detailsand additional information with regard to the scope of work are outlined below:

1. Project ManagementProject management tasks shall include, but are not limited to the following:

a. Manage all aspects of the project, including tasks assigned to the LD ProjectTeam, State resources, and Yardi's project team.

b. Plan and coordinate directly with Yard!. The Contractor must work directly withYardi and shall not use or rely on the LD Project Team as an intermediary ormiddle-man.

c. Unless otherwise indicated by the LD Project Team, the Contractor shall workdirectly with the LD Project Team and DLNR stakeholders in regards to thefeasibility study regarding OIMT's AMS. If the AMS is deemed to be a morefeasible option than Yardi's Voyager product, the LD Project Team may theninstruct the Contractor to work directly with OIMT with regard to the AMS.

d. Ensure that all tasks and responsibilities of the various teams are factored in tothe deliverables. This includes tasks, deliverables, milestones, timelines, andproject schedules from Yardi.

e. Attend all project-related meetings and furnish meeting minutes to the LD ProjectTeam within two business days.

f. Create and maintain a project schedule to establish milestones, to trackprogress, and to help ensure that the project remains on schedule. Taskduration shall follow the 8/80 rule.

g. Establish an issue management process to allow the LD Project Team to viewexisting issues and to report new issues.

h. Submit formal reports and conduct project presentations as requested by the LDProject Team.

i. Coordinate with Yardi to get a Voyager test system up and running for gapanalysis, evaluation, and test purposes.

2. Requirements GatheringThe Contractor shall take the appropriate steps to gather all requirements, includingfunctional, system, interface, integration, migration, design, and securityrequirements. These requirements shall be documented in a single, comprehensive,Business Requirements Document (BRD). The requirements gathering phase andthe BRD shall include, but may not be limited to the following:

a. Conduct meetings, interviews, and/or surveys as necessary.b. Meet with project stakeholders to identify and document the following, as it

pertains to SLIMS, Accounting, Land Management, and LD operations:i. Identify and document the stakeholders' primary roles and job duties.

Stakeholders are as follows:

RFP-LD-15-001-SW

(1) LD Project Team (3)(2) LD Administration (3)(3) LD Central Processing (2)(4) LD Appraisal Team (1-2)(5) LDAbstractors(1-2)(6) LD Special Projects (2-3)(7) LD District Land Agents (1-3 in each of the 4 county offices)(8) DLNR Fiscal Office (3-7)

ii. Identify and document stakeholders' primary, complex, problematic, timeconsuming, and manual processes that could potentially be improvedupon or streamlined.

iii. Identify and document any known issues with SLIMS, accounting and/orland management processes.

iv. Identify and document incoming requests pertaining to SLIMS, accountingand/or land management, as well as the processes to fulfill thoserequests. This would include requests from the general public, otherState or government agencies, as well as from other divisions within thedepartment.

v. Identify and document all outgoing deliverables pertaining to SLIMS,accounting and/or management, including the process of generating suchdeiiverables. This would include any reports, documents, memos,extracts, and files that go out to the general public, State or governmentagencies, as well as other divisions within the department.

Meet with other Departments, Divisions, and/or Agencies as necessary in orderto gather additional information and/or to formulate solutions. This may occurduring the requirements gathering and/or technical specifications portions of thisproject. The following is a list of agencies with whom the Contractor must meetand collaborate to resolve specific issues identified by the LD Project Team.Although the list may grow as a result of requirements, the LD Project Teamdoes not anticipate a significant change.

i. County Real Property Tax Offices (approximately 1-3 in each office).There are four offices, one in each county. We anticipate the need tocollaborate with the tax offices in order to resolve issues with regard tothe issuance of Tax Map Keys. Currently, State agencies, includingDLNR LD, may not be notified when new tax keys are issued (whenparcels are subdivided, consolidated, and/or conveyed). This causesdiscrepancies between the TMKs that the State has on file versus theTMKs that the Counties have on file. This issue will be detailed duringrequirements gathering.

ii. Department of Accounting and General Services, Survey Division (1-2).The Survey Division has survey maps and CAD drawings that may bebeneficial to include in the new system. This feature will be discussedfurther during requirements gathering.

Work with stakeholders to analyze the existing SLIMS application and determinewhich existing features, functions, and data elements must continue to exist inthe new system, and which of these may be dropped/Work with stakeholders to identify existing issues with the current implementationof SLIMS.Work with stakeholders and Yardi to identify specialized features that may havebeen customized in the existing SLIMS application, and will have to beimplemented in the new system. This includes functions that may be happening

RFP-LD-15-001-SW

behind the scenes, such as the 20% OHA entitlement. Review original SLIMSrequirements binders to assist with this effort. Work with stakeholders and Yardito determine whether or not these features exist in Voyager or if they will have tobe developed/customized.

g. Work with the LD Project Team and Yardi to evaluate the logical structure of"property" records within the existing SLIMS application, and determine if there isa better way of structuring this data in the new system.

h. Develop a comprehensive BRD, which shall include all findings of therequirements gathering effort. General contents of the BRD shall include, butmay not be limited to the following:

i. Project overview and backgroundii. Assumptions, constraints, dependencies, agreementsiii. Current and proposed workflowsiv. Requirements (functional, security, GIS, integration, migration, recovery,

retention, etc).v. Traceability Matrixvi. Signoffs

i. Conduct walkthroughs of the BRD with the stakeholders to obtain feedback andwork towards acceptance. Modify the BRD per stakeholder feedback until theBRD is deemed acceptable by the LD Project Team and obtain appropriatesignatures.

3. Technical SpecificationsThe Contractor shall take the appropriate steps in the technical specifications phaseto design a new Land Management System that satisfies all requirements outlined inthe BRD. The Technical Specifications Document (TSD) shall detail all technicalaspects of the new land management system, including the system architecture,application design, database design, application integration, as well as how eachrequirement identified in the BRD will be satisfied in the new system. The TSD shallinclude sufficient detail such that developers can begin writing code based solely onthe information contained in the TSD without having to conduct further analysis. TheTechnical Specifications phase and the TSD shall include, but may not be limited tothe following:

a. Perform all necessary analysis and feasibility studies to design the new landmanagement system. This shall include, but may not be limited to, analysis ofthe requirements, analysis of the Voyager application, analysis of the AMS,analysis of the State's workflows, analysis of SLIMS data, and analysis ofpotential solutions.

b. Work with DLNR stakeholders to evaluate and document the feasibility andeffectiveness of leveraging the AMS versus Yardi's Voyager product. If the AMSis deemed to be a more feasible option, the AMS shall be factored in to thetechnical design in place of Yardi's Voyager product. All aspects of the technicaldesign shall reflect this change, including integration and migration.

c. Evaluate Yardi add-on products and other third-party products to determine ifthese products will satisfy certain requirements in a feasible manner.

d. Document the system's overall architecture and design, including development,test, and production environments. Among other things, this section shall includethe following:

RFP-LD-15-001-SW

i. Document the overall approach, including any comparisons and contrastsof the current implementation of SLIMS and the new system. Includediagrams where appropriate.

ii. Diagram and document of the overall physical architecture, and logicalarchitecture, including integration points between applications.

iii. Document hardware required, including physical servers, networkequipment, backup equipment, UPS, and the specifications of each.

iv. Document services required, including any colocation services, cloudservices, and related services, such as power and internet services, andthe specifications of each. Document the recommended service levelagreement (SLA) between LD and any service provider, as well as theactual SLA(s) offered by each service provider.

v. Document software and licenses required, including operating systems,database management systems, CALs, software development tools,reporting tools, backup utilities, GIS tools, and third-party components,and the specifications of each.

vi. Document and/or diagram GIS design and specifications, includingsoftware and layers/geodatabases that are to be used and/or created.

vii. Document configuration parameters where appropriate. An example ofthis would be configuration parameters for virtual servers.

e. Document and/or diagram any workflows that will change as a result of the newsystem design.

f. Document design details which shall, among other things, include the following:i. Database designs, including table definitions, column definitions, and

entity relationship diagrams.ii. Integration specifications, including the details as to how each application

will exchange data and/or communicate with each other in order tofacilitate data integration. This shall include the specific mechanism(s) ofdata integration (ex: specific APIs, web service, export/import, etc), aswell as a field by field mapping of data as it moves from source system totarget system, including any intermediary tables or structures. Cross-walks and any required data/datatype translations shall also be included ifapplicable.

iii. Detail the migration approach and design, which shall include, but maynot be limited to, the following:

(1) Detail exactly how the data from the existing SLIMS database willbe migrated to the new system. This shall include themechanism(s) of data migration (ex: specific APIs, export/import,etc), as well as a field by field mapping of data as it moves fromthe existing SLIMS database to the appropriate target database.Cross-walks and any required data/datatype translations shall alsobe included if applicable.

(2) Document exactly where each feature, functionality, and field fromthe existing SLIMS application will be implemented and accessiblefrom within the new system. At a minimum, this shall include amatrix that lists each relevant feature, functionality and field fromthe current implementation of SLIMS, and maps each item to theappropriate feature, functionality and field in the new system. Thematrix shall be categorized in such a way that makes it easy forthe LD project team to identify, track, and confirm that all features,

10 RFP-LD-15.001-SW

functionality, and fields have been accounted for in the newsystem.

iv. Document and diagram the user interface.(1) The overall look and feel of the Voyager user interface has

already been established and will not be changed as part of thisproject. However, the Contractor must document any changesand/or customizations to the Voyager interface, such as theaddition of custom fields, buttons, menu items, as well asfunctionality.

(2) The Contractor must document and/or diagram the following as itpertains to the land management application:

a. Create page flow diagrams for the entire application.b. Create overall interface mockups and/or an application

prototype, including overall layout and navigation controlssuch as menus, wizard controls, CIS controls, etc.

c. Create mockups and/or an application prototype for allapplication screens, including the GIS interface as well asmanagement screens (view, create, edit, delete).

d. Create mockups to detail how the user will interact with theGIS interface.

(3) Create page flow diagrams to indicate how users will be able tonavigate between applications.

v. Document import and extract processes, including the method ofimport/export, formats, templates, field descriptions, tables and/or otherstructures, data translations, and media types. The documentation mustalso include a field by field mapping to/from applicable database tablesand/or other structures, including any data translations that must takeplace.

vi. Document reports that need to be created or modified. Thisdocumentation shall include mockups of each report, including anyheaders, footers, details, summary, subtotals, totals, groupings, etc. Thedocumentation shall also indicate exactly where the data in the report willcome from.

vii. Document security specifications, including but not limited to sign-ondesign, password policies, security software, hardware, and components,etc.

viii. Document audit and logging specificationsix. Document maintenance specifications, including how various datasets,

layers and geodatabases will be maintained and updated going forward.x. Document and diagram all backup and recovery processes, including how

data from each application will be backed up, and how data will berecovered, factoring in various failure scenarios.

g. Document any modifications required of other existing systems, applications, ordatabases if applicable.

h. Ensure that each requirement identified in the BRD is documented in the TSDwith details as to how it will be satisfied and/or implemented in the new system.

i. Document all features that need to be developed/customized in the Voyagerapplication.

j. Document significant design options that were considered, but were not selectedas the most feasible option. Include reasons why the option was not deemed themost feasible.

11 RFP-LD-15-001-SW

k. Document cost estimates to develop and implement the entire system (ie PhaseII), including all hardware, software, licenses, subscriptions, annual maintenancecosts, services, training, and software development costs. The softwaredevelopment cost shall be based on the TSD and the Project Schedule which willbe developed as deliverable of this RFP. Include quotes from reputable vendorsto support the estimates.

I. Include a requirements traceability matrix, which will map each requirementidentified in the BRD to the specific sections within the TSD that address therequirement.

m. Conduct walkthroughs of the TSD with the stakeholders to obtain feedback andwork towards acceptance. Modify the TSD per stakeholder feedback until TSD isdeemed acceptable by the stakeholders. Once the stakeholders have acceptedthe document, obtain appropriate signatures.

Develop a Project Schedule for Phase II of the ProjectThe Contractor will put together a Project Schedule for Phase II of the overall redesignproject. The Project Schedule will be based on the information in the TSD, and shallinclude software development tasks, data migration tasks, various test phases, hardwareand software configuration, and implementation. The Project Schedule shall alsoinclude the tasks (and related durations) that must be completed by all entities. Anexample of this is the set of tasks that must be completed by Yardi in order to upgradefrom Enterprise to Voyager. Any necessary assumptions, such as the number and typesof resources, will be provided by the LD Project Team after reviewing the TechnicalSpecifications.

2.03 DLNR LD RESPONSIBILITIES

1. Review and approve project deliverables.

2. Monitor project progress through status meetings, status reports, and project schedules.

3. Ensure that State and County subject matter experts are available to the Contractor.

4. Issue payment to Contractor upon receiving acceptable deliverables and appropriateInvoices.

12 RFP-LD-15-001-SW

SECTION THREE

PROPOSAL FORMAT AND CONTENT

3.01 INTRODUCTION

One of the objectives of this RFP is to make proposal preparation easy and efficient,while giving Offerors ample opportunity to highlight their proposals. The evaluationprocess must also be manageable and effective. When an Offeror submits a proposal, itshall be considered a complete plan for accomplishing the tasks described in this RFPand any supplemental tasks the Offeror has identified as necessary to successfullycomplete the obligations outlined in this RFP.

This is not an attempt to limit the contents of any proposal and the Offeror may includeany additional data and information which is deemed pertinent to the proposal for thisRFP. The proposal shall describe in detail the Offeror's ability and availability ofservices to meet the goals and objectives of this RFP as stated in Section Two, Scope ofWork. The Offeror's proposal shall demonstrate an understanding of and the ability tomeet and perform all contractual requirements listed in this request, including allcontractual services.

3.02 PROPOSAL SECTIONS

Failure to include the following sections in the Offeror's proposal may be cause for theproposal to be determined non-responsive and therefore rejected. The required sectionsof the proposal are as follows:

1. Transmittal letterInclude a transmittal letter to confirm that the Offeror is in compliance with therequirements, provisions, terms, and conditions specified in this RFP. Thetransmittal letter shall be on company letterhead and be signed by an individualauthorized to legally bind the Offeror.

2. Subcontractor StatementIf subcontractors) will be used, append a statement to the transmittal letter fromeach subcontractor, signed by an individual authorized to legally bind thesubcontractor and stating:

a. The general scope of work to be performed by the subcontractor;

b. The subcontractor's willingness to perform the indicated work.

3. Offer Form OF-1 and OF-2Include signed Offer Form OF-1 with the complete name and address of Offeror'sfirm and the name, mailing address, telephone number, and fax number of theperson the State should contact regarding the Offeror's proposal.Offer Form OF-2 shall clearly state the total price, including GET, as summarized initem 9 below.

4. Executive Summary

13 RFP-LD-15-001-SW

Condense and highlight the contents of the proposal to provide the SelectionCommittee with a broad understanding of the entire proposal.

5. Corporate Background, Experience and Capabilitiesa. Offerors shall document, demonstrate and/or describe in detail their

qualifications, including the scope of their relevant experience. Informationshall include, but not be limited to:

i. A complete, relevant, and current client listingii. The number of years Offeror has been in business and the number of

years Offeror has performed the type of services specified by thisRFP.

ill. A summary listing of judgments or pending lawsuits or actionsagainst; adverse contract actions, including termination(s),suspension, imposition of penalties, or other actions relating to failureto perform or deficiencies in fulfilling contractual obligations againstyour firm. If none, so state.

iv. A description of projects of a similar nature in which the Offeror hasbeen engaged, including scope, project start and end dates,technologies and tools (including versions where appropriate) thatwere used, challenges, and results. Highlight any previous workconducted in the State of Hawaii.

v. Sample projects and/or examples of written plans, documents, etc.

b. Offerors shall meet the following minimum qualificationsi. Two years of software development experience involving Hawaii real

estate data.ii. Two years of GIS application development using ArcGIS and ArcGIS

Server.

iii. Experience with accounting system migration projectsiv. Successfully developed and deployed similar applications for a

minimum of three clients.v. Five years of web based software development experience.vi. Five years of software development experience using Microsoft SQL

Server

6. Client ReferencesOfferor shall include a list of at least three (3) references from the Offeror's clientlisting that may be contacted by the State as to the Offeror's past and current jobperformance. References shall be from clients for whom the Offeror has provided asimilar scope of services as is described in this RFP. Offeror shall provide names,titles, organizations, telephone numbers, email and postal addresses. The Statereserves the right to contact other companies or government agencies for additionalreferences.

7. Personnel

a. The Offeror's proposed team shall consist of highly experienced and trainedindividuals in project management, requirements and business analysis,software development, web development, database development, and G ISdevelopment.

b. Include a list of key personnel and associated resumes for those who will bededicated to this project.

14 RFP-LD-15-001-SW

c. Demonstrate how the Offeror's proposed team meets or exceeds the requiredqualifications.

d. Project team members must be physically located in Hawaii for the durationof the project.

8. Project PlanDescribe the overall strategy and plan of attack for the project, including resources,schedules, and high-level design. The objective is to demonstrate the Offeror'sunderstanding of the RFP requirements and scope.

a. Methodology and Approachi. Provide an overview of the approach the Offeror will take with regard

to this project.ii. Include specific information on the approaches that will be used in

regards to analysis, requirements gathering, design, working with thevarious teams, project management, etc.

b. Project ScheduleProvide a detailed task by task project schedule, including personnelassigned to each task. Provide a Work Breakdown Structure if available.Note that there shall be sufficient detail to illustrate the level of effort perphase/section/task and per resource.

c. Proposed StaffingDiscuss the Offeror's project team, how they are organized, what roles theywill fill, and how they will interact with State and vendor personnel.

I. Include an organizational chart of the team, and discuss the functions,roles and responsibilities of each resource.

ii. Indicate whether or not each resource will be fully (100%) dedicatedto the project, and if not, specify the percentage of time the resourcewill be dedicating to this project versus other unrelated projects and/ortasks.

iii. Discuss anticipated roles of State and vendor personnel.d. Architecture, High-Level Design and Tools

i. Discuss technical aspects of the project, including high-level systemdesign, application design, and architecture, as well as proposedtools, components, licenses, and other technical aspects of theproject.

ii. The target system's core shall be based on Microsoft Technologies,such as Microsoft SQL Server, and shall be web-based, mobile, andbrowser agnostic.

9. Price

a. Pricing shall be an all-inclusive fixed price to complete the deliverablesspecified in the RFP, and shall not be for a pool of hours. Pricing shall beinclusive of all federal and local taxes, including GET, and any and allexpenses, required for the completion of the services to be performed aslisted under Section Two, Scope of Work. No other prices will be honored.

b. Note that there shall be sufficient detail in the proposal to identify how eachtask, section, phase, and resource contributes to the overall price of theproposal. The purpose of this breakdown will be to validate pricing, validatethe level of effort per phase, resource, etc., as well as to potentially adjustscope if the proposed price is greater than the budgeted amount.

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c. There shall be visibility as to how the overall price was derived; there shall bea correlation between the overall project price and the project schedule, tasksand resources.

d. Refer to Section Six, Attachment 2, for Offer Form OF-2.10. Exceptions

Offeror shall list any exceptions taken to the terms, conditions, specifications, orother requirements listed herein. Offeror shall reference the RFP section whereexception is taken, a description of the exception taken, and the proposedalternative, if any.

3.03 MODIFICATION PRIOR TO SUBMITTAL DEADLINE OR WITHDRAWAL OF OFFERS

3.03.1 The Offeror may modify or withdraw a proposal before the proposal due date andtime.

3.03.2 Any change, addition, deletion of attachments) or data entry of an Offer maybe made prior to the deadline for submittal of offers.

3.04 MISTAKES IN PROPOSALS

3.04.1 Mistakes shall not be corrected after award of contract.

3.04.2 When the Procurement Officer knows or has reason to conclude before awardthat a mistake has been made, the Procurement Officer should request theOfferorto confirm the proposal. If the Offeror alleges mistake, the proposal maybe corrected or withdrawn pursuant to this section.

3.04.3 Once discussions are commenced or after best and final offers are requested,any priority-listed Offeror may freely correct any mistake by modifying orwithdrawing the proposal until the time and date set for receipt of best and finaloffers.

3.04.4 If discussions are not held, or if the best and final offers upon which award willbe made have been received, mistakes shall be corrected to the intendedcorrect offer whenever the mistake and the intended correct offer are clearlyevident on the face of the proposal, in which event the proposal may not bewithdrawn.

3.04.5 If discussions are not held, or if the best and final offers upon which award willbe made have been received, an Offeror alleging a material mistake of factwhich makes a proposal non-responsive may be permitted to withdraw theproposal if: the mistake is clearly evident on the face of the proposal but theintended correct offer is not; or the Offeror submits evidence which clearly andconvincingly demonstrates that a mistake was made.

Technical irregularities are matters of form rather than substance evident from theproposal document, or insignificant mistakes that can be waived or corrected withoutprejudice to other Offerors; that is, when there is no effect on price, quality, or quantity.If discussions are not held or if best and final offers upon which award will be madehave been received, the Procurement Officer may waive such irregularities or allow anOfferor to correct them if either is in the best interest of the State. Examples include

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the failure of an Offeror to: return the number of signed proposals required by therequest for proposals; sign the proposal, but only if the unsigned proposal isaccompanied by other material indicating the Offeror's intent to be bound; or toacknowledge receipt of an amendment to the request for proposal, but only if it is clearfrom the proposal that the Offeror received the amendment and intended to be boundby its terms; or the amendment involved had no effect on price, quality or quantity.

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SECTION FOUREVALUATION CRITERIA AND CONTRACTOR SELECTION

Evaluation criteria and the associated points are listed below. The award will be made to theresponsible Offeror whose proposal is determined to be the most advantageous to the Statebased on the evaluation criteria listed in this section.

The total number of points used to score each proposal is 100. Offerors must score 50%or better in terms of point total, in the first four categories below.

1. Offeror Credentials and Experience (25)a. Company qualificationsb. Project team members' qualificationsc. References

d. Experience on similar projects, including scope, architecture, technologies used,challenges and results

2. Proposal (25)a. Quality of responses, including relevance, completeness, and detailb. Methodology and approachc. Proposed schedule and staffing

i. Level and quality of detailii. Tasks, phases, milestones, durations, resources

iii. Staffing levels and roles per task/sectiond. Demonstration of knowledge and experience of what is being requestede. Any additional information or services deemed relevant, advantageous, and

feasible.3. Samples of Documentation created by Offeror for Prior Projects (30)

a. Samples of Requirements Documents, Technical Specifications, Project Plans,Project Schedules, and other related documentation.

b. Samples from projects that involve application/data migration preferredc. Relevance to project scoped. Quality and detail of information in the samples

4. Value (10)a. Level of detail in terms of pricing breakdown; visibility as to how the overall price

was derived.

b. Overall value of proposed work, including, but not limited to, overall price,timeframe, and scope of work to be delivered.

5. Overall Price (10)Each Offeror's proposal will receive points for Overall Price according to the formula:

[Lowest bid price x 1 0 points] - Offeror's total price = Points]

Percentage adjustments to Overall price in consideration of any qualifiedpreferences, if applicable, may be made before final evaluation. The actual contractamount of any contract awarded, however, shall be the amount of the original priceoffered, exclusive of any percentage adjustment for preferences made during theevaluation process.

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SECTION FIVE

SPECIAL PROVISIONS

5.01 SCOPE

All consulting services to produce the deliverables shall be in accordance with this RFP,including the special provisions in this section, the Scope of Work specified herein, andthe General Conditions (GC), included by reference and available online athttp://hawaii.gov/forms/internal/department-of-the-attorney-general/103d/view.

5.02 OFFEROR QUALIFICATIONS

Offeror shall meet all of the qualifications required by this RFP. Failure to meet thequalifications will likely have an adverse effect on Offeror's proposal evaluation.

5.03 TERM OF CONTRACT

Successful Offeror shall be required to enter into a formal written contract to commencework on this project.

The initial term of the contract shall be for a six (6) month period starting on the officialcommencement date of the Notice to Proceed. The contract may be extended for up to anadditional six (6) month period, or any portion thereof without the necessity of re-bidding, ifmutually agreed upon in writing prior to contract expiration. The Contractor or State mayterminate the extended contract periQd_aL^^^ three (3) weeks prior writtennotice.

5.04 CONTRACT ADMINISTRATOR

For the purposes of this contract, Derrick Ribilla, State Lands Information SystemsManager, is designated the Contract Administrator.

5.05 INTELLECTUAL PROPERTY RIGHTS

The State reserves the right to unlimited, irrevocable, worldwide, perpetual, royalty-free,non-exclusive licenses to use, modify, reproduce, perform, release, display, createderivative works from, and disclose the work product, and to transfer the intellectualproperty to third parties for State purposes.

5.06 OVERVIEW OF THE RFP PROCESS

1. The RFP is issued pursuant to Subchapter 6 of HAR Chapter 3-122, implementingHRS Section 103D-303.

2. The procurement process begins with the issuance of the RFP and the formalresponse to any written questions or inquiries regarding the RFP. Changes to theRFP will be made only by Addendum as described in item 6 below.

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3. Proposals shall not be opened publicly, but shall be opened in the presence of two(2) or more procurement officials. The register of proposals and Offerors' proposalsshall be open to public inspection after posting of the award.

All proposals and other material submitted by Offerors become the property of theState and may be returned only at the State's option.

4. The Procurement Officer, or an evaluation committee selected by the ProcurementOfficer, shall evaluate the proposals in accordance with the evaluation criteria inSection Four. The proposals shall be classified initially as acceptable, potentiallyacceptable, or unacceptable.

5. Proposals may be accepted on evaluation without discussion. However, if deemednecessary, prior to entering into discussions, a "priority list" of responsible Offerorssubmitting acceptable and potentially acceptable proposals shall be generated. Thepriority list may be limited to a minimum of three responsible Offerors who submittedthe highest-ranked proposals. The objective of these discussions is to clarify issuesregarding the Offeror's proposal before the BAFO is tendered.

6. If during discussions there is a need for any substantial clarification or change in theRFP, the RFP shall be amended by an Addendum to incorporate such clarification orchange. Addenda to the RFP shall be distributed only to priority listed Offerors whosubmit acceptable or potentially acceptable proposals.

7. Following any discussions, Priority Listed Offerors will be invited to submit theirBAFO, if required. The Procurement Officer or an evaluation committee reserves theright to have additional rounds of discussions with the top three (3) Priority ListedOfferors prior to the submission of the BAFO.

8. The date and time for Offerors to submit their BAFO, if any, is indicated in Section1.04, RFP Schedule and Significant Dates. If Offeror does not submit a notice ofwithdrawal or a BAFO, the Offeror's immediate previous offer shall be construed asits BAFO.

9. After receipt and evaluation of the BAFOs in accordance with the evaluation criteriain Section Four, the Procurement Officer or an evaluation committee will make itsrecommendation. The Procurement Officer will award the contract to the Offerorwhose proposal is determined to be the most advantageous to the State, taking intoconsideration price and the evaluation factors set forth in Section Four.

10. The contents of any proposal shall not be disclosed during the review, evaluation,discussion, or negotiation process. Once the award notice is posted, all proposals,successful and unsuccessful, will become available for public inspection. Thosesections that the Offeror and the State agree are confidential and/or proprietary shallbe identified by the Offerors and shall be excluded from access.

11. The Procurement Officer or an evaluation committee reserves the right to determinewhat is in the best interest of the State for purposes of reviewing and evaluatingproposals submitted in response to the RFP. The Procurement Officer or anevaluation committee will conduct a comprehensive, fair and impartial evaluation ofproposals received in response to the RFP.

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12. The RFP, any addenda issued, and the successful Offeror's proposal shall become apart of the contract. All proposals shall become the property of the State of Hawaii.

5.07 CONFIDENTIAL INFORMATION

All information, data, or other material provided by the Offeror or the Contractor tothe State shall be subject to the Uniform Information Practices Act, HRS chapter92F. If an Offeror believes that any portion of a proposal, offer, specification, protest, orcorrespondence contains information that should be withheld as confidential, then theOfferor shall inform the Procurement Officer named on the cover of this RFP in writingand provided with justification to support the confidentiality claim.

An Offeror shall request in writing nondisclosure of information such as designatedtrade secrets or other proprietary data considered confidential. Such requests fornondisclosure shall accompany the proposal, be clearly marked, and shall be readilyseparable from the proposal in order to facilitate eventual public inspection of thenon-confidential portion of the proposal.

Price is not confidential and will not be withheld.

If a request is made to inspect the confidential material, the inspection shall be subject towritten determination by the Department of the Attorney General in accordance withHRS chapter 92F. If it is determined that the material designated as confidential issubject to disclosure, the material shall be open to public inspection, unless the Offerorprotests under HAR chapter 3-126. If the request to inspect the confidential material isdenied, the decision may be appealed to the Office of Information Practices inaccordance with HRS 92F-15.5.

5.08 REQUIRED REVIEW

Offeror shall carefully review this solicitation for defects and questionable orobjectionable matter. Comments concerning defects and questionable or objectionablematter shall be directed to Derrick Ribilla via email at Derrick.C.RibillaCa)hawaii.ciov,or in writing at the Department of Lan^^N^^^^ Land Division. 1151Punchbowl Street, Room 220, Honolulu, HI 96813, prior to the deadline for writtenquestions as stated in the RFP Schedu^ Dates, Section 1.04. Thiswill allow issuance of any necessary corrections and/or amendments to the RFP. It willhelp prevent the opening of a defective solicitation and exposure of Offeror's proposalupon which award could not be made. Any exceptions taken to the terms, conditions,specifications, or other requirements listed herein, must be listed in the Exceptionssection of the Offeror's proposal, if the exception is unresolved by the Proposal Duedate.

5.09 QUESTIONS PRIOR TO OPENING OF PROPOSALS

All questions must be submitted in writing and directed to Derrick Ribilla via email atDerrick.C.Ribilla@hawaii.gov, or in writing at the Department of Land & NaturalResources, Land Division, 1151 Punchbowl Street, Room 220, Honolulu, HI 96813, priorto the deadline for written questions as stated in the RFP Schedule and Significant

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Dates, Section 1.04. The State will respond to written questions by the date indicated inSection One, 1.04 RFP Schedule and Significant Dates, or as amended.

5.10 CANCELLATION OF RFP AND PROPOSAL REJECTION

The State reserves the right to cancel this RFP and to reject any and all proposals inwhole or in part when it is determined to be in the best interest of the State, pursuant toHAR Section 3-122-96 through 3-122-97.

The State shall not be liable for any costs, expenses, loss of profits or damagewhatsoever incurred by the Offeror in the event its proposal is rejected or this RFP iscancelled.

5.11 OFFER ACCEPTANCE PERIOD

The State's acceptance of offer, if any, will be made within an estimated ninety (90)calendar days after the opening of proposals. Prices or commissions quotes by theOfferor shall remain firm for a ninety (90) day period.

5.12 PROPOSAL AS PART OF THE CONTRACT

This RFP and all or part of the successful proposal may be incorporated into thecontract.

5.13 CONTRACT MODIFICATIONS - UNANTICIPATED AMENDMENTS

During the course of this contract, the Contractor may be required to perform additionalwork that will be within the general scope of the initial contract. When additional work isrequired, the Contract Administrator will provide the Contractor a written description of theadditional work and request the Contractor to submit a firm time schedule for accomplishingthe additional work and a firm price for the additional work.

Changes to the contract may be modified only by written document (contract modification)signed by the Department of Land & Natural Resources and Contractor personnelauthorized to sign contracts on behalf of the Contractor.

The Contractor will not commence additional work until a signed contract modification hasbeen issued.

5.14 GOVERNING LAW: COST OF LITIGATION

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

In case the State shall, without any fault on its part, be made a part to any litigationcommenced 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, includingattorneys' fees.

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5.15 PROPOSAL PREPARATION

1. OFFER FORM, page OF-1. See Attachment 1. Proposals shall be submitted usingOfferor's exact legal name as registered with the Hawaii Department of Commerce andConsumer Affairs, if applicable; and to indicate exact legal name in the appropriatespaces on Offer Form page OF-1. Failure to do so may delay proper execution of thecontract.

The authorized signature on the first page of the Offer Form shall be an originalsignature in ink. If unsigned or the affixed signature is a facsimile or a photocopy, theoffer shall be automatically rejected unless accompanied by other material,containing an original signature, indicating the Offeror's intent to be bound.

2. Offer Guaranty. An offer guaranty is NOT required for this RFP.

3. Tax Liability. Work to be performed under this solicitation is a business activity taxableunder HRS Chapter 237, and if applicable, taxable under HRS Chapter 238. Vendorsare advised that they are liable for the Hawaii GET at the current rate and theapplicable use tax. If, however, an Offeror is a person exempt by the HRS from payingthe GET and therefore not liable for the taxes on this solicitation, Offeror shall state itstax exempt status and cite the HRS chapter or section allowing the exemption.

Offeror shall submit its current Federal I.D. No. and Hawaii General Excise Tax LicenseI.D. number in the spaces provided on Offer Form OF-1, thereby attesting that theOfferor is doing business in the State and that Offeror will pay such taxes on all salesmade to the State.

4. Taxpayer Preference. For evaluation purposes, pursuant to HRS §103D-1008, theOfferor's tax-exempt price offer submitted shall be increased by the applicable retailrate of general excise tax and the applicable use tax. Under no circumstance shall thedollar amount of the award include the aforementioned adjustment.

5. Oriflinal Proposal and Copies to be Submitted. Offeror shall submit one (1) originalproposal marked "ORIGINAL" and seven (7) copies of the original, each marked"COPY". It is imperative to note that the Offeror submit only one original and therequired number of copies. DO NOT SUBMIT MORE THAN ONE ORIGINAL.

Offeror is cautioned that illegible offers of any item(s) may be automatically rejected toavoid any errors in interpretation by the reviewers during the evaluation process.

6. Costs for developing the Proposal are solely the responsibility of the Offeror, whether ornot any award results from this solicitation. The State of Hawaii will not reimburse suchcosts.

7. All proposals become the property of the State of Hawaii.

8. Copies of documents transmitted by Offerors via facsimile machines shall be limited tothe modifications or withdrawal of an offer pursuant to HAR Sections 3-122-108 and 3-122-28, respectively.

5.16 PRICING

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Pricing shall be the all-inclusive price, and shall include labor, materials, supplies, allapplicable taxes, including the GET, and any other costs incurred to provide thespecified services.

5.17 ECONOMY OF PRESENTATION

Proposals shall be prepared in a straightforward and concise manner, in a format that isreasonably consistent and appropriate for the purpose. Emphasis will be oncompleteness and clarity and content. If any additional information is required by theState regarding any aspects of the Offeror's proposal, it shall be provided within four (4)business days.

5.18 SUBMISSION OF PROPOSAL

The submission of a proposal shall constitute an incontrovertible representation by theOfferor of compliance with every requirement of the RFP, and that the RFP documentsare sufficient in scope and detail to indicate and convey reasonable understanding of allterms and conditions of performance of the work.

Before submitting a proposal, each Offeror must:

1. Examine the solicitation documents thoroughly. Solicitation documents include thisRFP, any attachments, plans referred to herein, and any other relevant documents;

2. Become familiar with State, local, and federal laws, statutes, ordinances, rules, andregulations that may in any manner affect price, progress, or performance of thework.

Offers shall be received at the Department of Land & Natural Resources, Land Division,1151 Punchbowl Street, Room 220, Honolulu, HI 96813, no later than the date and timestated in Section 1.04, Significant Dates, as amended. Timely receipt of offers shall beevidenced by the date and time registered by the Department of Land & NaturalResources, Land Division time stamp clock. Offers received after the deadline shall bereturned unopened.

If the Offeror chooses to deliver its offer by United States Postal Service (USPS), pleasebe aware that the USPS does not deliver directly to the Land Division in Room 220,but toa central mailroom. This may cause a delay in receipt by the Land Division and the offermay reach the Land Division after the deadline, resulting in automatic rejection.

Offers must be sealed and "RFP-LD-15-001-SW" must be clearly indicated on the outerpackaging.

5.19 PROPOSAL OPENING

Proposals will be opened at the date, time, and place specified in Section One, or asamended. Proposals shall not be opened publicly, but shall be opened in the presenceof two or more procurement officials. The register of proposals and Offeror's proposalsshall be open to public inspection after all parties sign the contract.

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5.20 EVALUATION OF PROPOSALS

An evaluation committee of at least three (3) qualified state employees selected by theProcurement Officer shall evaluate proposals. The evaluation will be based solely onthe evaluation criteria set out in Section Four of this RFP.

Proposals shall be classified initially as acceptable, potentially acceptable, orunacceptable. Discussion may be conducted with priority listed Offerors who submitproposals determined to be acceptable or potentially acceptable of being selected foraward, but proposals may be accepted without such discussions. The objective of thesediscussions is to clarify issues regarding the Offeror's proposals before the best and finaloffer, if necessary.

If numerous acceptable and potentially acceptable proposals are submitted, theevaluation committee may rank the proposals and limit the priority list to threeresponsive, responsible Offerors who submitted the highest-ranked proposals.

5.21 DISCUSSION WITH PRIORITY LISTED OFFERORS

The State may invite priority listed Offerors to discuss their proposals with the evaluationcommittee to ensure thorough, mutual understanding. The State in its sole discretionshall schedule the time and location for these discussions, generally within thetimeframe indicated in Section 1.04. The State may also conduct discussions withpriority listed Offerors to clarify issues regarding the proposals before requesting Bestand Final Offers, if necessary.

5.22 ADDITIONAL TERMS AND CONDITIONS

The State reserves the right to add terms and conditions during the contractnegotiations. These terms and conditions will be within the scope of the RFP and willnot affect the proposal evaluation.

5.23 CONTRACT EXECUTION

Successful Offeror receiving award shall enter into a formal written contract. Noperformance or payment bond is required for this contract.

No work is to be undertaken by the Contractor prior to the commencement date. TheState of Hawaii is not liable for any work, contract, costs, expenses, loss of profits, orany damages whatsoever incurred by the Contractor prior to the official starting date.

If an option to extend is mutually agreed upon, the Contractor shall be required toexecute a supplement to the contract for the additional extension period.

5.24 AWARD OF CONTRACT

Method of Award. Award will be made to the responsible Offeror whose proposal isdetermined to be the most advantageous to the State based on the evaluation criteriaset forth in the RFP.

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Responsibility of Offeror. Offeror is advised that in order to be awarded a contract underthis solicitation, Offeror will be required, to be compliant with all laws governing entitiesdoing business in the State including the following chapters and pursuant to HRS§103D-310(c):

1. Chapter 237, General Excise Tax Law;2. Chapter 383, Hawaii Employment Security Law;3. Chapter 386, Worker's Compensation Law;4. Chapter 392, Temporary Disability Insurance;5. Chapter 393, Prepaid Health Care Act; and6. §103D-310(c), Certificate of Good Standing (COGS) for entities doing business in

the State.

The State will verify compliance on Hawaii Compliance Express (HCE).

Hawaii Compliance Express. The HCE is an electronic system that allowsvendors/contractors/service providers doing business with the State to quickly and easilydemonstrate compliance with applicable laws. It is an online system that replaces thenecessity of obtaining paper compliance certificates from the Department of Taxation,Federal Internal Revenue Service; Department of Labor and Industrial Relations, andDepartment of Commerce and Consumer Affairs.

Vendors/contractors/service providers shall register with (HCE) prior to submitting anoffer at https://vendors.ehawaii.gov. The annual registration fee is $12.00 and the'Certificate of Vendor Compliance' is accepted for the execution of contract and finalpayment.

Timely Registration on HCE. Vendors/contractors/service providers are advised toregister on HCE soon as possible. If a vendor/contractor/service provider is notcompliant on HCE at the time of award, an Offeror will not receive the award.

5.25 INVOICES AND PAYMENTS

Invoices shall be submitted by the Contractor, and incremental payments shall be made tothe Contractor, upon receipt of deliverables that are 100% complete, meet the criteria of theRFP, and meet the expectations of the LD Project Team. Payments will not be issued forpartially completed deliverables. Payments for tasks, such as project management, whichspan the duration of the project, will be paid upon project completion. The receipt ofdeliverables shall be due based on the timeline submitted by the Contractor in the proposal,or as amended.

HRS Section 103-10 provides that the State shall have thirty (30) calendar days afterreceipt of invoice or satisfactory completion of contract to make payment. For thisreason, the State will reject any offer submitted with a condition requiring payment withina shorter period. Further, the State will reject any offer submitted with a conditionrequiring interest payments greater than that allowed by HRS §103-10, as amended.

The State will not recognize any requirement established by the Contractor andcommunicated to the State after award of the contract, which requires payment within ashorter period or interest payment not in conformance with statute.

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5.26 PUBLIC EXAMINATION OF PROPOSALS

Except for confidential portions, the proposals shall be made available for publicinspection upon posting of award pursuant to HRS §103D-701.

If a person is denied access to a State procurement record, the person may appeal thedenial to the office of information practices in accordance with HRS §92F-42(12).

5.27 DEBRIEFING

Pursuant to HAR §3-122-60, a non-selected Offeror may request a debriefing tounderstand the basis for award.

A written request for debriefing shall be made within three (3) working days after theposting of the award of the contract. The Procurement Officer or designee shall hold thedebriefing within seven (7) working days to the extent practicable from the receipt date ofwritten request.

Any protest by the requester following a debriefing, shall be filed within five (5) workingdays, as specified in HAR §103D-303(h).

5.28 PROTEST PROCEDURES

A protest shall be submitted in writing within five (5) working days after the aggrievedperson knows or should have known of the facts giving rise thereto; provided that aprotest based upon the content of the solicitation shall be submitted in writing prior to thedate set for receipt of offers. Further provided that a protest of an award or proposedaward shall be submitted within five (5) working days after the posting of award of thecontract.

The notice of award, if any, resulting from this solicitation shall be posted on theProcurement Reporting System, which is available on the SPO website:http://www.hawaii.ciov/spo2/source/.

Any protest pursuant to §103D-701, HRS, and Section 3-126-3, HAR, shall be submittedin writing to the Procurement Officer, addressed to the Department of Land & NaturalResources, Land Division, 1151 Punchbowl Street, Room 220, Honolulu, HI96813

5.29 SUBCONTRACTING

No work or services shall be subcontracted or assigned without the prior written approvalof the State. No subcontract shall under any circumstances relieve the Contractor ofhis/her obligations and liability under this contract with the State. All persons engaged inperforming the work covered by the contract shall be considered employees of theContractor.

5.30 CONTRACT INVALIDATION

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If any provision of this contract is found to be invalid, such invalidation will not beconstrued to invalidate the entire contract.

5.31 NON-DISCRIMINATION

The Contractor shall comply with all applicable federal and State laws prohibitingdiscrimination against any person on the grounds of race, color, national origin, religion,creed, sex, age, sexual orientation, marital status, handicap, or arrest and court recordsin employment and any condition of employment with the Contractor or in participation inthe benefits of any program or activity funded in whole or in part by the State.

5.32 CONFLICTS OF INTEREST

The Contractor represents that neither the Contractor, nor any employee or agent of theContractor, presently has any interest, and promises that no such interest, direct orindirect, shall be acquired, that would or might conflict in any manner or degree with theContractor's performance of this contract.

5.33 WAIVER

The failure of the State to insist upon the strict compliance with any term, provision orcondition of this contract shall not constitute or be deemed to constitute a waiver orrelinquishment of the State's right to enforce the same in accordance with this contract.

5.34 SEVERABIL1TY

In the event that any provision of this contract is declared invalid or unenforceable by acourt, such invalidity or unenforceability shall not affect the validity or enforceability of theremaining terms of this contract.

5.35 CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS

It has been determined that funds for this contract have been appropriated by alegislative body.

Therefore, Offeror, if awarded a contract in response to this solicitation, agrees tocomply with HRS Section 11-205.5, which states that campaign contributions areprohibited from a State and county government contractor during the term of the contractif the contractor is paid with funds appropriated by a legislative body.

5.36 ADDITIONS, AMENDMENTS AND CLARIFICATIONS

Approvals. Any agreement arising out of this offer may be subject to the approval of theDepartment of the Attorney General as to form, and is subject to all further approvals,including the approval of the Governor, required by statute, regulation, rule, order, orother directive.

Cancellation of Solicitations and Rejection of Offers. The solicitation may becancelled or the offers may be rejected, in whole or in part, when in the best interest ofthe purchasing agency, as provided in HAR §§3-122-95 through 3-122-97.

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Confidentiality of Material. All material given to or made available to the Contractor byvirtue of this contract, which is identified as proprietary or confidential information, will besafeguarded by the CONTRACTOR and shall not be disclosed to any individual ororganization without the prior written approval of the STATE.

Nondiscrimination. No person performing work under this Agreement, including anysubcontractor, employee, or agency of the Contractor, shall engage in any discriminationthat is prohibited by any applicable federal, state, or county law.

Records Retention. The Contractor and any subcontractors shall maintain the booksand records that relate to the Agreement and any cost or pricing data for three (3)yearsfrom the date of final payment under the Agreement.

Correctional Industries. Goods and services available through Hawaii CorrectionalIndustries (HCI) programs may be the same or similar to those awarded by competitivesealed bids or proposals. Agencies participating in DLNR requirements (price list)contracts may also procure directly from HCI and shall not be considered in violation ofthe terms and conditions of any DLNR contract.

Competency of Offeror. Prospective Offeror must be capable of performing the workfor which offers are being called. Either before or after the deadline for an offer, thepurchasing agency may require Offeror to submit answers to questions regardingfacilities, equipment, experience, personnel, financial status or any other factors relatingto the ability of the Offeror to furnish satisfactorily the goods or services being solicitedby the STATE. Any such inquiries shall be made and replied to in writing; replies shall besubmitted over the signatures of the person who signs the offer. Any Offeror who refusesto answer such inquiries will be considered non-responsive.

Preparation of Offer. An Offeror may submit only one offer in response to a solicitation.If an Offeror submits more than one offer in response to a solicitation, then all suchoffers shall be rejected. Similarly, an Offeror may submit only one offer for each line item(if any) of a solicitation. If an Offeror submits more than one offer per line item, then alloffers for that line item shall be rejected.

5.37 PREFERENCESCertain preferences may be applicable in the evaluation of the Offeror's proposal,pursuant to §103D-1001.5, HRS. The responsibility for certification and qualification forany preference shall rest upon the person requesting the preference.

While the Offeror's price may be adjusted in consideration of qualified preferences forevaluation purposes, the actual contract amount of any contract awarded shall be theamount of the original price offered, exclusive of any percentage adjustment forpreferences made during the evaluation process.

For rules and regulations concerning preferences in response to a request for proposalpursuant to §103D-303, refer to Sections 103D-1001 through 103D-1012 of the HawaiiRevised Statutes, and Chapter 3-124 of the Hawaii Administrative Rules.

Preferences which could apply to this solicitation include, but may not be limited to, thefollowing types:

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1. Software Development Business Preference. Pursuant to HRS §1030-1006, andin accordance with HAR §3-124-35, in any expenditure of public funds for softwaredevelopment, the use of Hawaii software development businesses shall be preferred(except when precluded by federal requirements for competitive bidding). Where aresponse to a request for proposal contains both Hawaii and non-Hawaii softwaredevelopment businesses, then for the purpose of selecting the lowest price only, theoffer by a non-Hawaii software development business shall be increased by apreference percentage of ten percent.

An Offeror submitting a proposal as a Hawaii software development business shallidentify itself as such in the space provided on the Attachment 2, Offer Form-2, and shallalso complete and attach a CERTIFICATE OF ELIGIBILITY Form SPO-009. This form canbe downloaded from the State Procurement Office website at:httD://hawaii.aov/forms/state-Drocurement-office. The Procurement Officer calling foroffers may request additional information deemed necessary in order to qualify theOfferor, and shall have sole discretion in determining acceptance of the Offeror as aHawaii software development business.

Pursuant to §3-124-34(e), any Offeror who fails to indicate that it is a Hawaii softwaredevelopment business will be presumed to be a non-Hawaii software developmentbusiness and the Offeror's offered price will be increased by ten percent for purposes ofevaluation.

2. Taxpayer Preference. Tax adjustment, pursuant to section 103D-1008, HRS, maybe applicable for tax exempt offerors.

3. Preference for Qualified Community Rehabilitation Programs. A preferencepursuant to section 103D-1009, HRS, may be applicable for businesses with certaintypes of programs for persons with disabilities.

5.38 OWNERSHIP. The State shall have complete ownership of all materials and deliverables, both finished

and unfinished, which are developed, prepared, assembled, or conceived by the Contractorpursuant to this Contract, and all such material shall be considered "works made for hire."This includes, but is not limited to, all source code, scripts, database objects, documents,and maps. All such material shall be delivered to the State upon completion, expiration ortermination of the Contract. The State, in its sole discretion, shall have the exclusive rightto copyright any product, concept, or material developed, assembled, or conceived by theContractor pursuant to this Contract.

5.39 FAILURE TO DELIVERThe Contractor shall deliver products awarded in this contract in accordance with terms andconditions herein. Failure to produce an acceptable deliverable by its respective deadlinemay be cause for termination of contract and the barring of the Contractor from futurebidding. If the Contractor is unable or refuses to deliver the product(s) within the timespecified, it shall be the Contractor's responsibility to obtain prior approval to delay deliveryfor a specified time. If the Contractor fails to request approval to delay delivery or if theState denies the request, the State reserves the right to terminate the contract and may barthe Contractor from future bidding.

30 RFP-LD-15-001-SW

SECTION SIX

ATTACHMENTS AND EXHIBITS

• Attachment 1: OFFER FORM, OF-1• Attachment 2: OFFER FORM, OF-2

31 RFP-LD-15-001-SW

OFFER FORMOF-1

Consulting Services for a Land Management System Redesign: Analysis, Requirements, and DesignSTATE OF HAWAII

DEPARTMENT OF LAND & NATURAL RESOURCESRFP-LD-15-001-SW

Procurement OfficerDepartment of Land & Natural Resources, Land Division, Room 220State of HawaiiHonolulu, Hawaii 96813

Dear Sir:

The undersigned has carefully read and understands the terms and conditions specified in theSpecifications and Special Provisions attached hereto, and in the General Conditions, by reference madea part hereof and available upon request; and hereby submits the following offer to perform the workspecified herein, all in accordance with the true intent and meaning thereof. The undersigned furtherunderstands and agrees that by submitting this offer, 1) he/she is declaring his/her offer is not in violationof Chapter 84, Hawaii Revised Statutes, concerning prohibited State contracts, and 2) he/she is certifyingthat the price(s) submitted was (were) independently arrived at without collusion.

Offeror is:Sole Proprietor j_| Partnership Q corporation Q Joint VentureOther*State of incorporation:

Hawaii General Excise Tax License I.D.No.

Federal I.D. No.

Payment address (other than street address below):_City, State, Zip Code:_

Business address (street address):City, State, Zip Code:.

Respectfully submitted:

Date: _ (x), Authorized (Original) SignatureTelephone No.:

Fax No.: _ Name and Title (Please Type or Print)

E-mail Address: **

Exact Legal Name of Company (Offeror)

**lf Offeror is a "dba" or a "division" of a corporation, furnish the exact legal name of the corporation underwhich the awarded contract will be executed:

RFP-LD-15-001-SW

OFFER FORMOF-2

Total contract price for accomplishing the development and delivery of the services.

Note: Pricing shall include labor, materials, supplies, all applicable taxes(including GET), and any other costs incurred to provide the specified services.

Check if applicable:

The Offeror is a Hawaii software development business and may be eligible for aprice preference as allowed by HAR §3-124-35 and pursuant to §1030-1006, MRS.A completed SPO-009 Certification for Eligibility form is attached for review andapproval.

OfferorName of Company

SPO Form-22 (11/03)ATTACHMENTS 1 RFP-LD-15-001-SW