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g.
<br />The CONTRACTOR shall obtain a certificate of compliance issued by the Department of Labor and
<br />Industrial Relations, State of Hawaii, in accordance with section103D -310, HRS, and section 3 -122-
<br />112, HAR, that is current within six months of the date of issuance.
<br />h. The CONTRACTOR shall obtain a certificate of good standing issued by the Department of
<br />Commerce and Consumer Affairs, State of Hawaii, in accordance with section 103D -310, HRS, and
<br />section 3 -122 -112, HAR, that is current within six months of the date of issuance.
<br />i. In lieu of the above certificates from the Department of Taxation, Labor and Industrial Relations, and
<br />Commerce and Consumer Affairs, the CONTRACTOR may submit proof of compliance through the
<br />State Procurement Office's designated certification process.
<br />3. Personnel Requirements.
<br />a. The CONTRACTOR shall secure, at the CONTRACTOR'S own expense, all personnel required to
<br />perform this Contract.
<br />b. The CONTRACTOR shall ensure that the CONTRACTOR'S employees or agents are experienced
<br />and fully qualified to engage in the activities and perform the services required under this Contract,
<br />and that all applicable licensing and operating requirements imposed or required under federal, state,
<br />or county law, and all applicable accreditation and other standards of quality generally accepted in
<br />the field of the activities of such employees and agents are complied with and satisfied.
<br />4. Nondiscrimination. No person performing work under this Contract, including any subcontractor, employee,
<br />or agent of the CONTRACTOR, shall engage in any discrimination that is prohibited by any applicable
<br />federal, state, or county law.
<br />5. Conflicts of Interest. The CONTRACTOR represents that neither the CONTRACTOR, nor any employee or
<br />agent of the CONTRACTOR, presently has any interest, and promises that no such interest, direct or indirect,
<br />shall be acquired, that would or might conflict in any manner or degree with the CONTRACTOR'S
<br />performance under this Contract.
<br />6. Subcontracts and Assignments. The CONTRACTOR shall not assign or subcontract any of the
<br />CONTRACTOR'S duties, obligations, or interests under this Contract and no such assignment or subcontract
<br />shall be effective unless (i) the CONTRACTOR obtains the prior written consent of the STATE, and (ii) the
<br />CONTRACTOR'S assignee or subcontractor submits to the STATE a tax clearance certificate from the
<br />Director of Taxation, State of Hawaii, and the Internal Revenue Service, U.S. Department of Treasury,
<br />showing that all delinquent taxes, if any, levied or accrued under state law and the Internal Revenue Code of
<br />1986, as amended, against the CONTRACTOR'S assignee or subcontractor have been paid. Additionally, no
<br />assignment by the CONTRACTOR of the CONTRACTOR'S right to compensation under this Contract shall
<br />be effective unless and until the assignment is approved by the Comptroller of the State of Hawaii, as
<br />provided in section 40 -58, HRS.
<br />a. Recognition of a successor in interest. When in the best interest of the State, a successor in interest
<br />may be recognized in an assignment contract in which the STATE, the CONTRACTOR and the
<br />assignee or transferee (hereinafter referred to as the "Assignee ") agree that:
<br />(1) The Assignee assumes all of the CONTRACTOR'S obligations;
<br />(2) The CONTRACTOR remains liable for all obligations under this Contract but waives all
<br />rights under this Contract as against the STATE; and
<br />(3) The CONTRACTOR shall continue to furnish, and the Assignee shall also furnish, all
<br />required bonds.
<br />b. Change of name. When the CONTRACTOR asks to change the name in which it holds this Contract
<br />with the STATE, the procurement officer of the purchasing agency (hereinafter referred to as the
<br />"Agency procurement officer ") shall, upon receipt of a document acceptable or satisfactory to the
<br />ADM. SERV. OFFICE LOG NO. 12 -044
<br />AG -008 Rev. 4/15/2009
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