NOTICE TO BIDDERS

RETAIL CONCESSION
KAHULUI AIRPORT

Tenders by sealed bids for a concession contract to operate and maintain a Retail Concession at Kahului Airport, Kahului, Maui (Concession), for a period of five (5) years will be received by the State of Hawaii, by its Director of Transportation, c/o Airports Division, Head – Property Management Staff, Department of Transportation, Honolulu International Airport, Inter-Island Terminal Building, 400 Rodgers Boulevard, Suite 700, Honolulu, Hawaii 96819-1880 (Airports Office), up to 2:00 p.m. on, May 11, 2006, at which time and place they will be publicly opened and read. The State reserves the right to cancel the bid opening for any reason whatsoever.

The Concession bid documents describing the Concession, including, without limitation, the Concession Agreement, may be obtained from the State, located at the Airports Office. The Concession bid documents may be purchased upon the tender of the nonrefundable sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) in United States currency or certified check. The Concession bid documents are subject to revision at any time prior to bid opening. All persons who have purchased the Concession bid documents will be notified of and provided copies of such revisions, if any.

The Concession bid documents for the Concession will include (1) this Notice to Bidders, (2) Instructions to Bidders, (3) Bid Intent Package, including the Notice of Intention to Bid, (4) Bid Proposal Package, (5) Concession Agreement, (6) Concession Bond form, and (7) all of the attachments thereto.

A pre-bid conference will be conducted by the State on March 7, 2006, commencing at 9:00 a.m., to familiarize prospective bidders with the nature of the Concession bid documents, including the Concession Agreement, and to preliminarily respond to questions bidders may have. Deadline for submission of questions to be considered at the pre-bid conference is February 21, 2006. All questions, including those for the pre-bid conference, must be submitted in writing, except at the pre-bid conference, where the State will handle a limited number of oral questions. The deadline for submitting final written questions will be March 17, 2006, and the State will thereafter provide final written responses to all questions properly submitted by March 17, 2006. Prospective bidders are advised to attend the pre-bid conference which will begin promptly at 9:00 a.m. at the Airports Office, Conference Room C.

Persons needing special accommodation at the pre-bid conference due to disabilities may notify the Airports Division by calling (808) 838-8075, or writing to the Airports Office, c/o Head – Property Management Staff, or by facsimile at (808) 838-8753.

Each prospective bidder will be required to fill out and complete a Bid Intent Package that requires the submission of the Notice of Intention to Bid, financial statement(s), and other documents, and submit the same to the Airports Division at the Airports Office, not later than 4:00 p.m., on April 19, 2006. The questionnaires included as part of the Bid Intent Package will be considered confidential and will not be made available for inspection by the general public.

Any individual, corporation, limited liability company, partnership, joint venture or other entity (including (1) any entity in which the bidder is an owner and (2) any stockholders, members, partners or owners of the bidder) shall be deemed not qualified to bid if it is in arrears in any payment, or in default of any obligation, including taxes and special assessments, owing to the U.S. Internal Revenue Service and/or the State of Hawaii or any of its political subdivisions (including default as a surety or failure to perform faithfully and diligently any previous lease, license, permit or any other type of contract with the State or any of its political subdivisions).

A stockholder of a closely-held corporation, a member of a limited liability company, a partner in a partnership or joint venture and an owner of an entity is defined as the holder of a ten percent (10%) or more ownership interest in the corporation, limited liability company, partnership, joint venture or entity.

Any qualified individual, corporation, limited liability company, partnership, joint venture or other entity may submit a bid for the Concession after timely submission of an acceptable Bid Intent Package. All bidders will submit bid proposals using the forms furnished by the State as part of the Concession bid documents.

The State desires to actively promote the growth and development of Disadvantaged Business Enterprise (DBE) participation in concessions awarded at all public airports in the State of Hawaii. In accordance with Title 49, Subtitle A, Parts 23 and 26, Code of Federal Regulations, entitled \u201DParticipation by Disadvantaged Business Enterprises in Airport Concessions\u201D and \u201DParticipation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,\u201D respectively, it is the policy of the State to ensure that DBE firms have an equal opportunity to receive and participate in concessions at all public airports. Accordingly, a DBE goal of fifteen percent (15%) has been established and all qualified DBEs are encouraged to compete for or participate in the Concession. Each business wishing to compete or participate as a DBE must be certified by the State by the deadline (date and time) set for the submission of the Bid Proposal Packages. For information and assistance in applying for DBE certification, please call the State Airports Division DBE Program Manager at (808) 838-8708.

The State reserves the right to reject any and all bids and to waive any defects in the bids or cancel this invitation for bids when, in the opinion of the State\u2019s Director of Transportation, such rejection, waiver or cancellation will be in the best interest of the State and the general public.

RODNEY K. HARAGA
Director of Transportation (SB05521203 2/8, 2/9, 2/10/06)