1-2025-0923 EOP IRP Tabletop Exercise RFP.pdf

BRISTOL BAY BOROUGH RFP

IMPLEMENT MICROSOFT DEFENDER CYBERSECURITY TOOLS

REQUEST FOR PROPOSALS FOR

BRISTOL BAY BOROUGH, ALASKA

RFP Issue Date: Wednesday, September 24, 2025 8:00 AM AST

Deadline for Questions: Friday, October 10, 2025 @ 5:00 PM AST Proposals Due Date and Time: Friday, October 31, 2025 @ 5:00 PM AST Estimated Award Date: Friday, November 28, 2025

Proposals for the materials or services specified will be received by the Borough until the date and time as indicated above.

Proposals will be received electronically through Bonfire, the Borough’s e-procurement system at https://bristolbayboroughak.bonfirehub.com/. Vendors may establish a Bonfire account at no cost.

Electronic submittals must include all required information and attachments; with required signatures. All response documents must be uploaded and included with your submittal to be considered.

Additional instructions for preparing a response are provided within. All forms in Appendix B must be submitted with your proposal.

Requests for additional information should be made no later than the questions deadline above and shall be directed to https://bristolbayboroughak.bonfirehub.com/. Questions will not be received or answered outside of the Bonfire system.

Any interpretations, corrections, clarifications, or changes to this Request for Proposals or specifications will be made by addenda. Addenda will be posted at https://bristolbayboroughak.bonfirehub.com/ It is the responsibility of the respondent to monitor the Bonfire website for addenda. Bidders shall acknowledge receipt of all addenda by submitting the certification form in Appendix B.

The Borough reserves the right to reject any and all proposals and to waive defects in proposals. No officer or employee of the Borough shall have a financial interest, direct or indirect, in this or any contract with Bristol Bay Borough. Minority and small business vendors are encouraged to submit a bid on any and all Borough projects.

The Borough appreciates your time and effort in preparing a response. Please note that proposals must be received in the Bonfire Portal by the due date and time shown above. Bids received later than the date and time above will not be considered. The Borough does not accept oral, telephone, mailed, or faxed bids. Proposals submitted orally, by phone, mail, email, or fax will be disqualified and will not be considered in the evaluation process. Proposals will be accepted only if submitted online through Bonfire. The Borough will not be responsible for, or consider missing, lost, or late deliveries.

https://cityofcorinth.bonfirehub.com/ https://bristolbayboroughak.bonfirehub.com/

Table of Contents

INTRODUCTION

BACKGROUND INFORMATION

SCOPE OF SERVICES

DELIVERABLES

SPECIAL REQUIREMENTS

SCHEDULE

RESPONDENT REQUIREMENTS

SUBMITTAL INSTRUCTIONS

EVALUATION CRITERIA

APPENDIX A

GENERAL INFORMATION

STANDARD TERMS AND CONDITIONS

APPENDIX B SUBMITTAL FORMS

SUBMITTAL EXCEPTIONS FORM

CERTIFICATION FORM

INTRODUCTION

The Bristol Bay Borough (BBB) would like to contract with a qualified vendor to plan and conduct a tabletop exercise of the Borough’s Cybersecurity Incident Response Plan (IRP) the Cybersecurity Annex to the Emergency Operations Plan

(EOP).

This project will plan and execute tabletop exercises aimed at IT’s Cybersecurity Incident Response Plan (IRP) and the Emergency Services’ Emergency Operations Plan (EOP) Cybersecurity Annex. The project will ensure the plans have been thought through for the environment and conditions and have involved the right personnel. The exercise will identify and record gaps that can later be used to update the plans. The exercise will inform and train personnel on their roles and responsibilities during and after an event. The exercise will reach out to community members within the Borough that would also be affected and involved in events.

The project will use the Cybersecurity and Infrastructure Security Agency (CISA) tabletop exercise services.

The project will use State of Alaska (SOA) Alaska Division of Homeland Security and Emergency Management (DHS&EM) emergency preparedness exercise support services.

The project is estimated to take 120 hours of exercise planning, coordination, execution, and delivery of lessons learned.

The project will also fund up to 3 occurrences of travel to the Borough, and up to 15 days of per diem. (Lodging will be done at a Borough facility and no charge to the vendor).

Copies of the IRP and EOP will be supplied to interested proposers upon request and after vetting of the proposer.

Proposers will sign a Request and Non-Disclosure Agreement (NDA) and agree not to share the IRP or EOP with any other entities. Request and NDA available for download on with this RFP.

BACKGROUND INFORMATION

The Borough is a remote community of approximately 888 square miles in Southwest Alaska with no road connectivity to the remainder of the State. The Borough is served by Alaska Airlines with daily passenger jet service from Anchorage to King Salmon Airport. It was incorporated in 1962 under the general laws of the State of Alaska. Bristol Bay Borough operates under the Assembly/Manager form of government. More information can be found on the website: Welcome to Bristol Bay Borough (bristolbayboroughak.us) http://www.bristolbayboroughak.us/

The Bristol Bay Borough has approximately 56 employees.

http://www.bristolbayboroughak.us/ http://www.bristolbayboroughak.us/

The engagement will include but is not limited to:

1. Bristol Bay management and personnel in all departments

2. Bristol Bay community members

3. Other vendors of BBB that provide a variety of IT support services. The list may include, but is no limited to:

Dolan Municipal, LLC, ESRI, McClintock Land Associates Inc, Alaska CAMA Company, LLC, Horan & Company, LLC, Caselle, Naknek Electric Association, Bristol Bay Telecommunications Group, Costal Surveyors, StarLink, ProComm Alaska, Dell, Microsoft, Ionis, Rubrik, Octopi, Revize, Laserfiche, and others.

4. State of Alaska

5. Department of Homeland Security (DHS) – Cybersecurity and Infrastructure Security Agency (CISA)

SCOPE OF SERVICES

In scope:

1. Thorough review of the IRP and EOP Cybersecurity Annex

2. Coordination with SOA and CISA on exercise planning support available

3. Travel to the Borough during execution of the exercise

4. Lead role in conducting the exercise

5. In person or online coordination with exercise participants

a. Tavel to the Borough for planning and coordination prior to the exercise is optional.

6. Creation of the exercise plan to include scenarios and exercise inputs

7. Capture of lessons learned during the exercise

8. Exercise Hotwash at the end of the exercise to capture Lessons Learned

Out of Scope:

1. Project Management of this project, this is done by another Borough vendor

2. Updates to the IRP or EOP

3. Physical enactment of any scenario

DELIVERABLES

1. Exercise Plan document

2. Exercise execution

a. Onsite exercise coordinator/facilitator

3. Hotwash meeting

a. Onsite facilitator

4. Lessons Learned document

SPECIAL REQUIREMENTS

1. Exercise plans and lessons learned documentation delivered in MS Word format

2. Travel to the Borough for the exercise execution

a. King Salmon, AK airport

3. Lodging can be provided by BBB.

4. Borough vehicle can be available for local transportation, must have insurance to drive.

SCHEDULE

1. The project may begin as soon as a contract is awarded, target date is no later than Nov 30, 25

2. The schedule will be coordinated with all parties

3. Completion of all deliverables target date is April 30, 2026

RESPONDENT REQUIREMENTS

The successful firm will have the following:

1. Support team that clearly understand the Borough’s needs and has experience with the technology outlined above.

2. Support team members who can attend online operational meetings and work remotely; and

3. Responsiveness and constant communication with the Borough.

SUBMITTAL INSTRUCTIONS

Proposals shall be organized and submitted in the format and order as outlined below. All information in the proposal must be clearly explained. Failure to provide the requested information may result in the Borough, at its sole discretion, disqualifying the proposal from further consideration.

Do not submit preprinted sales materials in place of a response. These materials will not be considered a response to the requirements.

If the proposal contains trade secrets or confidential information, the Respondent must specifically list that portion as confidential. All other parts of the proposal are open for public viewing after a contract has been awarded.

1. FIRM PROFILE

A description of the consulting firm, the physical location of the office from which the work will be performed and where the assigned staff is located, the physical location of the firm’s corporate office, and its history and the services offered.

2. QUALIFICATIONS AND EXPERIENCE

Provide the name(s) and resume(s) or a brief professional history of key staff that would be assigned to the Borough. The resume or professional history for each employee shall describe the individual’s previous experience with like products/services.

3. REFERENCES

Demonstrate your company’s capabilities and competence with the technology and related tasks by providing least three (3) past or current references where like services have been provided. Include the following information:

a. Support type and client’s name.

b. Client contact person with telephone number and email address.

c. Description of the service.

d. Length of service provided to the client.

It is the Respondent’s responsibility to provide valid reference information. The Borough reserves the right to use reference checks in its evaluation of proposals.

4. METHODOLOGY

Work plan detailing the technical approach, methodology, and tasks necessary for completing the scope of work.

Include a brief outline or list of information that will be required from Borough staff. Include the following information:

a. A clear understanding of the scope must be evident in the proposal.

b. List contract staff which will be assigned to complete each part of the scope of work included in the RFP.

c. Specify the duties and responsibilities of the firm and those of the Borough.

d. A description of your proposed schedule and timeline of the service.

1. COMPLIANCE WITH THE RFP SUBMISSION REQUIREMENTS

a. Provide a statement of your understanding of the scope of work.

b. Proposal shall comply with all submittal requirements detailed in this RFP (deliverables, etc.).

2. COSTS

a. An estimated 120 hours, vendor will propose the hourly rate and total cost of services.

b. Up to 3 occurrences of travel to the Borough and up to 15 days of per diem

c. Vendor will bill only for the hours and travel used

3. DISCLOSURES

a. Respondents must disclose any pending litigation or lawsuits.

b. Respondent shall provide proof of insurance meeting the requirements of Appendix A, attached hereto.

4. COMPLETE AND SIGN ALL FORMS IN APPENDIX B

a. Submittal Exception Form

b. Signed Certification Form including acknowledgement of addenda if published

EVALUATION CRITERIA

The Borough will review all proposals for completeness based on the requirements in this RFP. Proposals found to be incomplete or that fail to address the needs of the Borough may not be evaluated.

Submitted proposals will be evaluated in accordance with the requirements defined in the RFP. The Borough may invite the top firm(s) for an interview before considering a contract. The vendor will supply its standard contract. The contract will be awarded to the Respondent whose proposal is determined to be the most advantageous to the Borough, relative to price, qualifications, and quality of services, as set forth in the evaluation criteria below.

1. Experience: Cybersecurity & Emergency Operations Exercises (30 points)

Have you done this before or are currently doing this? References.

2. Depth of Bench (10 points) How many people to they have with the skills and experience necessary to complete project.

3. Methodology (10 points)

How do you propose to accomplish the project?

4. Requirement / Deliverables Understanding (15 points) How well do you understand what BBB is asking for? Details given specifically for the deliverables?

5. Quality of Response (10 points) Overall quality of proposal. Was time taken to ensure a quality produce? Indicates attention to detail and quality of firm's work in general.

6. Costs (25 points)

Hourly rates. Estimate of overall project.

The Borough reserves the right to:

• Require additional technical and pricing information.

• Have discussion with respondents regarding all elements which comprise the respondent’s proposal.

• Accept all or part of any proposal.

• Reject any or all proposals.

• Re-solicit for proposals.

The Borough may elect to conduct discussions with the respondents deemed to be in the competitive range for award. If discussions are held, respondents identified in the competitive range will be given equal opportunity to discuss and submit revisions to their proposals. Revisions of proposals are accomplished by formally requesting Best and Final Offers (BAFOs) at the conclusion of discussions with a deadline set for receipt of BAFOs and including instructions as to exactly what should be submitted in response to the BAFO. After consideration of all BAFO responses, The Borough will select the top ranked respondent, and will enter contract negotiations.

Proposals may be withdrawn or canceled. Respondents are expected to examine all instructions, specifications, requirements, terms and conditions prior to submitting their proposal. At the Borough’s request, Respondents may be selected for online presentations. All proposals and related materials become the property of the Borough.

APPENDIX A

GENERAL INFORMATION

INSURANCE REQUIREMENTS

CYBERSECURITY REQUIREMENTS

STANDARD TERMS & CONDITIONS

GENERAL INFORMATION

1. Confidentiality: All proposals, data, and information submitted to the Borough are subject to public release under the Alaska Public Records Act, AS 40.25.100 – 40.25.295 (“Act”) unless exempt from release under the Act. If the proposal contains trade secrets or confidential information, the Respondent must specifically list that portion as confidential. Confidential information, as noted by the Respondent, will not be released unless ordered by a court or the Attorney General pursuant to the Act.

2. Proposal Preparation Cost: All costs associated with the preparation of the proposal will be borne by the respondent.

3. Withdrawal of Proposal: Proposals may be withdrawn as long as the request is submitted in writing by an authorized representative.

4. Authorized Signature: All proposal forms must be signed by persons who have the legal authority to bind the respondent to the proposed services.

5. Conflicts: To the extent any portion of this section conflicts with the Standard Terms and Conditions, the provisions of this section shall be controlling.

6. Insurance

A. It is highly recommended that Respondents confer with their respective insurance carriers or brokers to determine in advance of Proposal submission the availability of insurance certificates and endorsements as prescribed and provided herein. If a Respondent fails to comply strictly with the insurance requirements, that Respondent may be disqualified from award of the contract. Upon contract award, all insurance requirements shall become contractual obligations, which the successful respondent shall have a duty to maintain throughout the course of this contract.

B. Respondent may, upon written request to the Borough Manager, ask for clarification of any insurance requirements at any time; however, Respondents are strongly advised to make such requests prior to proposal opening, since the insurance requirements may not be modified or waived after proposal opening unless a written exception has been submitted with the bid.

C. The Contractor shall provide Certificates of Insurance with the coverages and endorsements required to the Borough as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the Borough. Failure to provide the required Certificate of Insurance may subject the proposal to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the Borough whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage.

D. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by Bristol Bay Borough.

7. Insurance Requirements

Vendors/Contractors shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the vendor. A certificate of insurance meeting all requirements and provisions shall be provided to the Borough prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration.

A. Minimum Scope of Insurance: Coverage shall be at least as broad as:

1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable. Policy must include coverage for:

a. Premises/Operations

Page 10 of

b. Broad Form Contractual Liability

c. Products and Completed Operations

d. Personal Injury

e. Broad Form Property Damage

f. Independent Contractors

2. Workers Compensation insurance as required by the Labor Code of the State of Alaska, including Employers’ Liability Insurance. Worker’s Compensation /Employers' Liability insurance is only required if contractor/vendor will use their own employees for the provision of General or Professional services under the contract.

3. Automobile Liability as required by the State of Alaska, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under the contract.

4. Professional Liability, also known as Errors and Omissions Coverage. Professional Liability is only required for Professional Services contracts.

B. Deductibles and Self-Insured Retentions: Any deductible or self-insured retention in excess of $10,000 must be declared to and approved by the Borough.

C. Other Insurance Provisions: The policies are to contain or be endorsed to contain the following provisions.

1. General Liability and Automobile Liability Coverage:

a. The Borough, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the vendor/contractor, products and completed operations of the vendor, premises owned, occupied or used by the vendor/contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Borough, its officers, officials, employees or volunteers.

b. The vendor/contractor insurance coverage shall be primary insurance in respects to the Borough, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Borough, its officers, officials, employees or volunteers shall be in excess of the vendor’s insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Borough, its officers, officials, employees, boards, and commissions or volunteers.

d. The vendor/contractor insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limit of liability.

2 Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Borough, its officers, officials, employees and volunteers for losses arising from work performed by the vendor for the Borough.

3. All Coverage: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given the Borough. In the event the companies providing the required insurance are prohibited by law to provide any such specific endorsements, the vendor/contractor shall provide at least thirty

(30) days prior written notice to the Borough of any cancellation, non-renewal and/or material changes to any of the policies of insurance. Failure to provide notification shall be deemed a default and/or breach of contract.

4. The Borough may request different limits of coverage depending on the scope or cost of the project.

D. Acceptability of Insurers: The Borough prefers that insurance be placed with insurers with an A.M.

Best’s rating of no less than A-VI, or better.

E. Verification of Coverage: Vendor/Contractor shall provide the Borough certificates of insurance indicating the coverage required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable.

Borough will not accept Memorandums of Insurance or Binders as proof of insurance. The Borough reserves the right to require complete, certified copies of all required insurance policies at any time.

F. Insurance Waiver Request. Vendors/contractors requesting a waiver of the minimum limits of insurance identified in section 1.1.B, 1.2.B, or 1.3 B must submit the request in writing. Please note, commercial general liability cannot be waived. Requests to waive other coverage requirements will be considered in the bid evaluation process. The vendor/contractor must also complete, sign, and return the Release Agreement form to the Purchasing Office prior to authorization to perform services for the Borough.

8. PROFESSIONAL SERVICES REQUIREMENTS

A. Definition: Professional Services are defined as services performed by consultants or other professionals, including but not limited to: Accountants, Attorneys, Architects, Engineers, Surveyors, Veterinarians, Real Estate Appraisal, Optometry, Landscape Architects, Medical Doctors, and Materials Testing.

B. Minimum Limits of Insurance:

1. Commercial General Liability: $500,000 per occurrence / $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy must include coverage listed in Section 7.A.1.

2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the

Labor Statutes of the State of Alaska and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease - Policy Limit, and $100,000 Disease – Each Employee.

3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the

Borough. Automobile liability shall apply to all owned, hired, and non-owned autos. Automobile Liability is only required if vehicle(s) will be used under the contract. (NOT REQUIRED FOR THIS

CONTRACT)

4. Professional Liability: Also known as Errors and Omissions: $1,000,000 per occurrence and in the aggregate. “Claims made” policy is acceptable coverage which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Borough.

9. Cybersecurity Requirements

All vendor cybersecurity disclosures will be held strictly confidential.

a. Minimum Requirements:

All vendors responding to this RFP must demonstrate compliance with cybersecurity standards appropriate to the sensitivity of data and systems accessed, processed, or maintained under this contract.

• Compliance with NIST Cybersecurity Framework (CSF) or equivalent standard.

• Adherence to NIST SP 800-171 if handling Controlled Unclassified Information (CUI).

• Data encryption in transit and at rest using FIPS-validated cryptographic methods.

• Use of Multi-Factor Authentication (MFA) for access to systems with sensitive or regulated data.

• Regular vulnerability scanning and patch management process.

• Employee cybersecurity awareness and training program.

• Written Incident Response Plan (IRP), including breach notification procedures within [e.g., 24–72 hours].

• Access controls and least privilege policy enforcement.

• Notification of subcontractors used and their cybersecurity posture.

• Established policies and procedures.

• Internal security controls and audit practices.

b. Disclosure:

Vendor will disclose previous incidents and remediation efforts.

c. Right to Audit:

The Borough reserves the right to audit vendor cybersecurity practices and/or require third-party certifications or assessments (e.g., SOC 2 Type Il, ISO/IEC 27001).

d. Incident Reporting:

Vendor must notify the Borough] within 16 hours of discovering any security breach or incident affecting the confidentiality, integrity, or availability of agency data.

e. Cybersecurity Insurance:

Vendor will disclose if they maintain Cyber Liability Insurance including coverage for data breach response costs, regulatory fines, and business interruption.

STANDARD TERMS AND CONDITIONS

The terms and conditions shall apply to all goods or services procured by the Borough and shall be incorporated into and be a part of any bids/proposals submitted to the Borough for the goods and/or services specified. No other terms and conditions shall apply unless approved in writing by the BRISTOL

BAY BOROUGH, ALASKA.

1. ADDENDA: Any interpretations, corrections or changes to the information or specifications will be made by addenda. Sole issuing authority of addenda shall be vest in the Borough Purchasing Agent. Addenda will be posted at https://bristolbayboroughak.bonfirehub.com/. It is the responsibility of the Respondent to check the Bonfire website for addenda. Respondents shall acknowledge receipt of all addenda by submitting a signed copy with their bid/proposal.

2. ADVERTISING: The successful Respondent shall not advertise or publish, without the Borough’s prior approval, the fact that the Borough has entered into a contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the Federal, State, or local government.

3. ALTERING BID/PROPOSAL PRICING: Prices offered shall be submitted for units of quantity as specified in the bid/proposal document, extended and totaled. In the case of a discrepancy in the extended price, the unit price shall govern and control. Any alteration, strike-through or erasure made prior to bid/proposal opening shall be initialed by the signer of the bid/proposal, guaranteeing authenticity.

FOR BIDS ONLY: Prices offered cannot be altered or amended after the submission deadline. Bids may not be changed for the purpose of correcting an error in bid price after bid opening.

4. ASSIGNMENT: The successful respondent shall not sell, assign, transfer or convey the awarded contract, in whole or in part, without the prior written consent of the Borough.

5. AWARD: The Borough reserves the right to award by line item, section, or by entire bid/proposal; whichever is most advantageous to the Borough. The Borough may also consider administration costs when awarding to multiple vendors.

The Borough may award bids/proposals to the lowest responsive responsible vendor(s), or to the vendor(s) who provides goods or services at the best value to the Borough. If using the best value method, the selection criteria will be clearly identified in the bid/proposal document. The best value method may take into consideration, in whole or in part, by way of illustration and not limitation, the following criteria:

A. The purchase price;

B. The reputation of the respondent and of the respondent’s goods or services;

C. The quality of the respondent’s goods or services;

D. The extent to which the goods or services meet the Borough’s needs;

E. The respondent’s past relationship with the Borough;

F. The total long-term cost to the Borough to acquire the respondent’s goods or services;

G. Any relevant criteria specifically listed herein.

6. BID/PROPOSAL SUBMITTAL: The Borough utilizes Bonfire to advertise and receive bids/proposals electronically. Bids will not be received in hard copy. Bids must be submitted electronically through the Bonfire portal at https://bristolbayboroughak.bonfirehub.com/; and must include all required information and attachments; with required signatures. All response documents must be uploaded and included with your submittal in order to be considered.

7. BRAND NAME, CATALOG OR MANUFACTURER’S REFERENCE: Any reference to brand name, catalog or manufacturer’s reference is used to be descriptive, not restrictive, and is indicative of the type and quality the Borough desires to purchase. Bids/proposals on similar items of like quality may be considered if the bid/proposal is noted and fully descriptive brochures are enclosed. If notation of substitution is not made, it is assumed the respondent is proposing exact item specified. Successful respondent will not be allowed to make unauthorized substitutions after award.

8. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. Bristol Bay Borough’s Purchasing Agent will make all change orders to the contract in writing as allowed by law.

9. COMMUNICATION: The successful respondent shall direct all contact with the Borough through the Contract Administrator identified in the

Contract. The Respondent will not directly respond to, make inquiries of, survey or solicit information from, or otherwise interact with any departments, divisions, employees, or agents of the Borough unless specifically approved, or requested by the Contract Administrator.

10. CONFLICT OF INTEREST: Selected vendors shall file a completed Conflict of Interest Questionnaire with the Borough’s Clerks Office.

11. CONTRACT ADMINISTRATOR: Under the contract, the Borough may appoint a contract administrator with designated responsibility to ensure compliance with contract requirements, such as but not limited to, acceptance, inspection, and delivery. If appointed, the administrator will serve as liaison between the Borough and the successful contractor.

12. CONTRACT ENFORCEMENT:

A. The Borough reserves the right to enforce the performance of any contract that results from an award of this bid/proposal packet.

Enforcement shall be in any manner prescribed by law or deemed to be in the best interest of the Borough in the event of breach or default of the contract. Breach of contract authorizes the Borough to make an award to another respondent, purchase the service elsewhere and to charge the full increase in cost and handling to the defaulting contractor. Additionally, the Borough will remove the defaulting contractor from the Borough's list of approved vendors for a period of two years.

B. Respondents who submit proposals for this service agree that the Borough shall not be liable to prosecution for damages in the event that the Borough declares the successful contractor in default.

C. Any notice provided by this bid/proposal packet (or required by law) to be given to the successful Respondent by the Borough shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail at Bristol Bay Borough, by Registered or Certified mail with sufficient postage affixed thereto, addressed to the successful Respondent at the address provided in the bid/proposal; this shall not prevent the giving of actual notice in any other manner.

13. DELIVERY:

A. Delivery date is important to the Borough and may be required to be a part of each bid/proposal. The Borough considers delivery time to be that period elapsing from the time the individual order is placed until that order is received by the Borough at the specified delivery location. The delivery date indicates a guaranteed delivery to Bristol Bay Borough. Failure of the respondent to meet guaranteed delivery dates or service performance could affect future Borough orders.

B. The Borough may reject and refuse any delivery which falls below the quality designated in the specifications. The cost of return and/or replacement will be at the Respondent’s expense.

C. The Borough reserves the right to demand bond or penalty to guarantee delivery by the date indicated. If the order is given and the

Respondent fails to furnish the materials by the guaranteed date, the Borough reserves the right to cancel the order without liability on its part. Pricing shall include all charges for freight, F.O.B. inside to specified delivery location.

D. Whenever the Contractor encounters any difficulty which is delaying or threatens to delay timely performance (including actual or potential labor disputes), the Contractor shall immediately give notice thereof in writing to the Purchasing Agent, stating all relevant information with respect thereto. Such notice shall not in any way constitute a basis for an extension of the delivery or performance schedule or be construed as a waiver by the Borough of any rights or remedies to which it is entitled by law or pursuant to provisions herein. Failure to give such notice, however, may be grounds for denial of any request for an extension of the delivery or performance schedule because of such delivery.

14. ETHICS: The Respondent shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of the Borough except in accordance with Borough Policy.

15. EXCEPTIONS/SUBSTITUTIONS: All proposals meeting the intent of this bid/proposal packet will be considered for award. Respondents taking exception to the instructions, specifications, terms and conditions or offering substitutions, shall state these exceptions in the section provided or by attachment as part of their bid/proposal. The absence of such a list shall indicate that the Respondent has not taken exceptions and shall hold the Respondent responsible to perform in strict accordance with the instructions, specifications, terms and conditions of the bid/proposal packet. The Borough reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the Borough.

16. FELONY CRIMINAL CONVICTIONS: The Respondent represents and warrants that neither the Respondent nor the Respondent’s employees have been convicted of a felony criminal offense, or under investigation of such charge, or that, if such a conviction has occurred, the Respondent has fully advised the Borough as to the facts and circumstances surrounding the conviction.

17. FORCE MAJEURE: Force majeure is defined as an act of God, war, strike, fire or explosion. Neither the successful Respondent nor the

Borough is liable for delays or failures of performance due to force majeure. Each party must inform the other in writing with proof of receipt within three (3) business days of the occurrence of an event of force majeure.

18. INDEMNITY AGREEMENT: The Contractor hereby agrees to and shall indemnify, hold harmless, and defend the Borough, its officers, agents and employees from and against any and all claims, losses, damages, demands, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorneys' fees, for injury to or death of any person, for loss of use or revenue, or for damage to any property arising out of or in connection with the actual or alleged malfunction, design or workmanship in the manufacture of equipment, the fulfillment of this Contract, or the breach of any express or implied warranties under this Contract. Such indemnity shall apply where the claims, losses, damages, causes of action, suits or liability arise in part from (i) the negligence of the Contractor, and/or their respective officers, agents and/or employees or (ii) the negligence of the Contractor, its officers, agents and employees. It is the expressed intention of the parties hereto, both Contractor and the Borough, that the indemnity provided for in this paragraph is indemnity by Contractor to indemnify and protect the Borough from the consequence of (I) the Contractor’s own negligence where that negligence is the cause of the injury, death, or damage. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit and liability where in injury, death or damage results from the negligence of the Borough. In the event any action or proceeding is brought against the Borough by reason of any of the above, the Contractor agrees and covenants to defend the action or proceeding by counsel acceptable to the Borough. The indemnity provided for herein shall survive the termination or expiration of this Contract.

19. INVOICES: Each invoice shall be fully documented as to the Contractor’s/vendor’s name and address, receiving department’s name and address, labor, materials and equipment provided, if applicable, and must reference the Borough purchase order number in order to be processed. No payments shall be made on invoices not listing a purchase order number. Invoices will include a list of the vendor’s employees that worked on the project during the period being invoiced, the hours being charged and the tasks performed. Invoices shall be mailed directly to Bristol Bay Borough, Attention: Accounts Payable, P.O. Box 189, Naknek, AK 99633.

20. LATE SUBMITTALS: The Borough will reject late bids/proposals. The Borough is not responsible for lateness or non-delivery of proposals or bids. The Respondent is responsible for ensuring that proposals or bid packages are delivered through the Bonfire portal. The Bonfire portal will provide confirmation of receipt for all bids and proposals.

21. MINIMUM STANDARDS FOR RESPONSIBILITY: A prospective vendor must affirmatively demonstrate responsibility. The Borough may request representation and other information sufficient to determine respondent’s ability to meet the minimum standards including but not limited to:

A. Have adequate financial resources or the ability to obtain such resources.

B. Ability to comply with the required or proposed delivery schedule.

C. Have a satisfactory record of performance.

D. Have a satisfactory record of integrity and ethics.

E. Be otherwise qualified and eligible to receive an award.

22. NON-APPROPRIATION CLAUSE: If the Borough Assembly fails to specifically appropriate sufficient funds to make the payments due in any Fiscal Year under this Contract, an event of non-appropriation ("Event of Non-appropriation") will have occurred, the terms of this Contract will not be renewed, and Contractor or Borough may terminate this Contract at the end of the then current Fiscal Year, whereupon Borough will be obligated to pay those amounts then due subject to the provisions herein. Nothing in this Section or elsewhere in this Contract will be deemed in any way to obligate the Borough or create a debt of Borough beyond its current Fiscal Year. CONTRACTOR HAS NO RIGHT TO COMPEL BOROUGH TO LEVY OR COLLECT TAXES TO MAKE ANY PAYMENTS REQUIRED HEREUNDER, OR TO EXPEND

FUNDS BEYOND THE AMOUNT PROVIDED FOR IN THE THEN CURRENT FISCAL YEAR OF BOROUGH.

23. PATENTS/COPYRIGHTS: The successful Respondent agrees to protect the Borough from claims involving infringements of patents and/or copyrights.

24. PAYMENT: Will be made upon receipt and acceptance by the Borough for item(s) and/or service(s) ordered and delivered after receipt of a valid invoice, in accordance with the Alaska Prompt Pay Statute.

25. PRICES HELD FIRM:

A. All prices quoted in the proposals will remain firm for a minimum of 90 days from the date of the proposal unless it is otherwise specified by Bristol Bay Borough.

B. If during the life of the contract, the successful Respondent's net prices to other customers for the items awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to the Borough.

26. PURCHASE ORDER: The Borough shall generate a purchase order(s) to the successful Respondent. The purchase order number must appear on all itemized invoices.

27. QUANTITIES: Quantities indicated on the Bid/Proposal Form are estimates based upon the best available information. The Borough reserves the right to increase or decrease quantities to meet its actual needs without any adjustments in bid or proposal unit price. Individual purchase orders will be issued on an as-needed basis.

28. REFERENCES: The Borough requests each Respondent to supply, with its bid/proposal, a list of at least three (3) references where their firm supplied like services within the last three to five years. It is preferred that the list identify municipalities that are customers of Respondent.

For each reference, include the name of firm, address, contact employee of firm, with telephone number and e-mail address, what services are provided to this reference, and how long your firm has provided this service to the reference entity.

29. RELEASE OF INFORMATION AND PUBLIC INSPECTION: After sealed bids have been opened, bids are open for public viewing upon request. If the bid contains trade secrets or confidential information, the Respondent must specifically list that portion as confidential. All other parts of the bid are open for public viewing upon request.

For processes other than low bid or best value bid, pricing information will not be released until after award of the contract.

30. REQUIRED DOCUMENTATION: In response to this bid/proposal packet, all required documentation must be provided.

31. SALES TAX: The Borough is exempt by law from payment of Sales Tax and Federal Excise Tax. Our taxpayer identification number is 92- 0029832.

32. SEVERABILITY: If any section, subsection, paragraph, sentence, clause, phrase or word of these instructions, specifications, terms and conditions, shall be held invalid, such holding shall not affect the remaining portions of these instructions, specifications, terms and conditions and it is hereby declared that such remaining portions would have been included in these instructions, specifications, terms and conditions as though the invalid portion had been omitted.

33. SILENCE OF SPECIFICATIONS: The apparent silence of specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of the specifications shall be made based on this statement.

34. SUBCONTRACTORS: The Contractor shall be the sole source of contact for the Contract. The Borough will not subcontract any work under the contract to any other firm and will not deal with any subcontractors. The Contractor is totally responsible for all actions and work performed by its subcontractors. All terms, conditions and requirements of the Contract shall apply without qualification to any services performed or goods provided by any subcontractor.

35. TAX/DEBT ARREARAGE: The Borough shall pay no money upon any claim, debt, demand, or account whatsoever, to any person, firm or corporation, who is in arrears to the Borough for taxes or otherwise; and, the Borough shall be entitled to a counter-claim and offset against any such debt, claim, demand, or account, in the amount of taxes or other debt in arrears, and no assignment or transfer of such debts are due, shall affect the right, authority, and power of the Borough to offset the taxes or other debts against the same.

36. TERMINATION FOR DEFAULT: The Borough reserves the right to enforce the performance of the contract in any manner prescribed by law or deemed to be in the best interest of the Borough in the event of breach or default of the contract. The Borough reserves the right to terminate the contract in the manner set forth in the attached Contract.

As soon as practicable after receipt of notice of termination, the Company shall submit a statement showing in detail the pro-rated payment, in a form satisfactory to the Borough, that reflects the appropriate charges. The Borough shall then pay the charges as required by law.

37. TERMINATION OF CONTRACT: The contract shall remain in effect until the contract expires, delivery and acceptance of products and/or performance of services ordered or terminated by either party with a ten (10) day written notice prior to any cancellation. The successful Respondent must state therein the reasons for such cancellation. The Borough may, by written notice to the selected company, cancel this contract immediately without liability to the selected company if it is determined by the Borough that gratuities or bribes in the form of entertainment, gifts, or otherwise contrary to Borough Policy, were offered or given by the successful proposing party, or its agent or representative to any Borough officer, employee or elected representative with respect to the performance of the contract.

38. TRAVEL AND DIRECT CHARGES: The Borough shall not compensate the Respondent for any travel costs incurred in delivery of services under the contract.

39. VENUE: Respondent shall comply with all Federal and State laws and Borough Ordinances and Codes, including but not limited to regulatory requirements of the US Environmental Protection Agency, the Occupational Safety and Health Administration, Alaska Department of Environmental Conservation and the Alaska Department of Labor and Workforce Development, Labor Standards and Safety Division to include Alaska Occupational Safety and Health, applicable to the Respondent’s operation under this contract. The resulting specifications and the contract here from shall be fully governed by the laws of the State of Alaska and shall be fully performable in the State of Alaska, where venue for any proceeding arising hereunder will lie.

40. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn any time prior to the official opening, if the request is received in writing from an authorized representative.

APPENDIX B

SUBMITTAL FORMS

SUBMITTAL EXCEPTIONS FORM

THIS PAGE MUST BE SIGNED AND INCLUDED WITH YOUR PROPOSAL

Any exceptions to the RFP (including the Instructions, Specifications/Scope of Services, Standard Terms and Conditions, and Insurance Requirements) must be listed below. Additional pages may be attached. If there are no exceptions, please write the word “none” and sign where indicated at the bottom of this page.

There are no further exceptions to the Instructions, Specifications/Scope of Services, Standard Terms and Conditions, and Insurance Requirements. I understand that the Borough may not accept additional exceptions after final submission of this proposal.

Signature Company Date

No exceptions are taken to this solicitation.

Signature Company Date

CERTIFICATION FORM

In submitting this proposal, the respondent agrees and certifies to the following conditions:

1. The undersigned agrees that after the official opening this proposal becomes the property of Bristol Bay Borough.

2. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a proposal.

3. The undersigned agrees, if this proposal is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Proposal will be 120 calendar days unless a different period is noted by the respondent.

4. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Respondent, nor any employee of Bristol Bay Borough, and that the contents of this bid have not been communicated to any other respondent or to any employee of the Borough prior to the official opening of this proposal.

5. The respondent certifies that no employee, representative, or agent of the firm offered or gave gratuities in any form (i.e. gifts, entertainment, etc.) to any Assembly Member, official, or employee of the Borough in order to secure favorable treatment or consideration in awarding, negotiating, amending or concluding a final agreement for this proposal. The respondent agrees that and warrants that no employee, official, or member of the Borough Assembly is, or will be, peculiarly benefited, directly or indirectly, in this proposal or any ensuing contract that may follow.

6. The respondent hereby certifies that he/she is not included on the U.S. Comptroller General’s Consolidated List of Persons or Firms currently debarred for violations of various contracts incorporating labor standards/provisions.

7. Respondent/Vendor hereby assigns to purchaser any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Alaska.

8. The undersigned affirms that he/she has read and understands the specifications, terms and conditions, all exhibits and attachments contained in this proposal package.

9. The undersigned understands they are responsible for monitoring the Bonfire website at https://bristolbayboroughak.bonfirehub.com// to ensure they have downloaded and signed all addenda required for submission with their response.

10. The Contract is not valid until approved by Assembly, if applicable. When an award letter is issued, it becomes a part of this Contract.

If an addendum to this proposal is issued, acknowledge addendum by initialing beside the addendum number:

Add. No.