1-IFB - ANTHC 26-B-13265 Aleknagik Gravel Sand.pdf

IFB #ANTHC 26-B-13265 Page 1 of 13 Aleknagik Gravel & Sand Purchase

INVITATION FOR BIDS: ANTHC 26-B-13265 Issue Date: April 21, 2026

Issued by: Submit Bids to:

Alaska Native Tribal Health Consortium Alaska Native Tribal Health Consortium DEHE Contracting Department Bonfire portal:

4500 Diplomacy Drive https://anthc.bonfirehub.com/login Anchorage, AK 99508

Project Title: Aleknagik Gravel & Sand Purchase

BID DUE DATE AND TIME: 10:00 a.m. Alaska Time, Tuesday, May 19, 2026 Alaska Native Tribal Health Consortium DEHE Contracting Department

Note: See Advertisement for Bids for instructions on attending the bid opening.

Bonfire

1. This solicitation will be managed through Bonfire. All solicitation documents and any issued amendments can be accessed at https://anthc.bonfirehub.com/login.

This system will allow interested parties access to all relevant documents and allow them to upload bids to a secure site.

2. Parties interested in responding to this solicitation will need to register with Bonfire at https://anthc.bonfirehub.com/login. The site offers tutorials to assist with navigating the site to upload questions and bids.

NOTICE: If you received this solicitation from a source other than Bonfire, you must register with Bonfire to receive subsequent amendments. Failure to register with Bonfire may result in the rejection of your offer.

Notice to Bidders:

If you download this document from a site other than this one, please verify that all documents listed in the solicitation table of contents are included.

SUBMITTING BIDS: Bids must be uploaded to Bonfire prior to the established deadline, Bids will not be accessed by the Contracting Officer until after the bidding deadline has passed. Immediately following the deadline, the bids will be opened / reviewed. Once bids have been reviewed for compliance, bid results will be posted on the Bonfire Portal.

BID OPENING: Bids will be publicly read via Zoom. Interested parties may attend bid opening through this link https://anthc.zoom.us/j/6064663102, or by calling in:

Meeting ID: 606 466 3102 One tap mobile

+1(719) 359-4580, 6064663102# US

+1(253) 205-0468, 6064663102# US

IFB #ANTHC 26-B-13265 Page 2 of 13

COVER PAGE, continued…

1. INVITATION FOR BIDS (IFB) TABLE OF CONTENTS:

Cover Sheet, Page 2 pages Bidder’s Checklist, Page 1 page Information and Instructions to Bidders, Pages 5 pages Solicitation and Contract Award Information, Pages 3 pages Bid Schedule, Pages 2 pages

Representations and Certifications of Bidder/Offeror, 7 pages Techs and Specs, 15 pages General Provisions – Non-Construction Contract, 17 pages

Bid Bond, 2 pages Supply Bond, 2 pages

2. ALASKA NATIVE/AMERICAN INDIAN PREFERENCE: In accordance with Section 7(b) of the

Indian Self Determination and Education Assistance Act (ISDA), 25 U.S.C., 450e(b), an Alaska Native/American Indian bidder’s preference will be applied in the amount of:

5% if the anticipated aggregate amount is between $500,000.00 and $10,000,000.00, including all option years.

Proof of preference eligibility may be required prior to award of any contract.

3. PRE-BID CONFERENCE: There will be no pre-bid conference held unless extensive questions arise regarding the solicitation. If one is held, it will not be mandatory.

4. INQUIRIES: Any inquiries or questions concerning this project must be submitted through the Bonfire portal and received by 2:00 pm May 12, 2026.

All inquiries must be submitted through Bonfire.

IFB # ANTHC 26-B-13265

Aleknagik Gravel & Sand Purchase Page 3 of 13

BIDDER'S CHECKLIST

IMPORTANT - PLEASE READ CAREFULLY

INFORMATIONAL ONLY – DO NOT RETURN WITH BID

To insure your bid is complete, please consider the following:

1. Have you rechecked your bid amount(s)? Are all items and amounts included?

2. Are bid amounts for all items entered in proper spaces provided on the Bid Schedule?

3. Are all documents that are to be submitted with the bid signed and dated? Such as:

o Bid Schedule o Representations and Certifications of Bidder/Offeror o Bid Guarantee/Bid Bond

NOTE: Submit only those documents that require a signature and/or completion of information (Solicitation, Bid Schedule, Representation and Certifications, etc.), any documentation required, such as qualifications, certificates, etc., and required bonds.

4. Have you acknowledged receipt of all amendments (if any) issued for this solicitation in the Bid Schedule section?

5. Have you properly completed and checked the appropriate boxes and spaces for all bidder representations, certifications, and statements in the Representations and Certifications of Bidder/Offeror?

6. Have you filled in the blanks and signed the last page of the Representations and

Certifications of Bidder/Offeror?

7. Does your bid guarantee conform to the requirements of the solicitation?

8. Did you use the prescribed form for submitting the Bid Guarantee?

9. Have you carefully read every provision in Instructions and Information to Bidders?

10. Have you included evidence that your company meets the minimum qualifications/experience, if any are contained in the Scope of Work or Specifications?

INSTRUCTIONS AND INFORMATION TO BIDDERS

IFB #ANTHC 26-B-13265 Page 4 of 13 Aleknagik Gravel & Sand Purchase

1. Solicitation Definitions "ANTHC" means the Alaska Native Tribal Health Consortium.

"Solicitation" means "Invitation for Bids" in sealed bids.

"Offer" means "bid" in sealed bidding.

"In writing" or "written" means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

2. Amendments to Invitation for Bids

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation by any one of the following methods:

(1) by identifying the amendment number and date in the space provided for this purpose on the bid schedule

(c) ANTHC must receive the acknowledgment by the time and at the place specified for receipt of bids.

3. Submission of Bids

(a) Submission, modification, revision, and withdrawal of bids.

(1) Unless otherwise specified in the solicitation, the bidder may propose to provide any item or combination of items.

(2) Bids submitted in response to this solicitation shall be in English and in U.S. dollars, unless otherwise permitted by the solicitation.

(b) Bids will be submitted electronically via Bonfire. Faxed or e-mailed bids will not be accepted.

(1) Information contained in sealed bids will become public information at the time of bid opening. Proprietary and source selection information will be protected from unauthorized disclosure to the extent feasible. Proposed contractors who believe that information provided to ANTHC contains proprietary information must clearly state this in the body of the email as follows: “PROPRIETARY INFORMATION.”

(c) Bid expiration date. Bids in response to this solicitation will be valid for the number of days specified in the solicitation (unless a different period is proposed by the bidder. If a different period is proposed; it will be reviewed by ANTHC for acceptance. ANTHC does not guarantee acceptance of proposal.

4. Explanation to Prospective Bidders Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that

IFB #ANTHC 26-B-13265 Page 5 of 13 Aleknagik Gravel & Sand Purchase information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

5. Late Submissions, Modifications, and Withdrawals of Bids

(a) Late submissions of bids will not be accepted through the Bonfire portal or by any other means.

(b) Bids may be withdrawn from the Bonfire portal prior to the deadline of bid submittal.

(c) Bid modifications: Bidders may modify their bids by withdrawing their original submission in

Bonfire and resubmitting a modified bid prior to deadline.

(d) All terms and conditions which are not modified through an amendment remain unchanged.

(e) If an emergency or unanticipated event interrupts normal ANTHC processes so as to cause postponement of the scheduled bid opening, and urgent ANTHC requirements preclude amendment of the solicitation or other notice of an extension of the opening date, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal ANTHC processes resume.

6. Preparation of Bids

(a) Bids must be--

(1) Submitted on the forms furnished by ANTHC or on copies of those forms, and

(2) Manually or electronically signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above. “Cost-plus-a-percentage-of-cost” bidding is not an acceptable method of bidding.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

7. Contract Award – Non-Construction

(a) ANTHC will evaluate bids in response to this solicitation, without conducting discussions with bidders, with the intention to award a contract or contracts to the responsive responsible bidder(s), submitting the lowest bid complying with the requirements of the solicitation, provided that the bid is fair and reasonable, and it is in the best interest of ANTHC to accept it. The foregoing is subject, however, to a bidder’s preference for Alaska Native/American Indian entities as defined in the Cover Sheet #2.

i. Unless otherwise stated, award may be by line item, multiple line items or in the aggregate.

IFB #ANTHC 26-B-13265 Page 6 of 13 Aleknagik Gravel & Sand Purchase

ii. Discounts for prompt payment and/or rebates shall not be considered in evaluation for contract award but will be taken if earned.

(b) ANTHC may reject any or all bids if such action is in ANTHC's interest.

(c) ANTHC may waive informalities and minor irregularities in bids received.

(d) ANTHC reserves the right to make an award on any item for a quantity less than the quantity bid, at the unit cost or prices bid, unless the bidder specifies otherwise in the bid.

(e) ANTHC may determine that a bid is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A bid may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to ANTHC.

(f) A written award or acceptance of bid mailed or otherwise furnished to the successful bidder within the time specified in the bid shall result in a binding contract without further action by either party.

(g) ANTHC may convert the competitive process to a negotiated procurement if only one bid is received or only one responsible bidder has submitted a bid. The award will be made only if the single bidder is determined to be responsible and the price bid or offered is determined to be fair and reasonable.

8. Compliance With ANTHC Policies – N/A

9. Background checks of Contractor’s workforce and Indian Child Protection and Family

Violence Prevention Act (P.L. 101-630). (does not apply to material and equipment purchases.)

(a) The Contractor shall comply and assure compliance by all subcontractors at any tier under this contract, with the Indian Child Protection and Family Violence Prevention Act (P.L. 101-630). The Act requires that Minimum Standards of Character be established for certain positions covered by the Act to ensure that none of the individuals in these positions have been found guilty of, or entered a plea of no contest or guilty to, any felony offenses of murder, manslaughter, or sex crimes or two or more misdemeanors under Federal, State, or tribal law involving crimes of violence, sexual assault, molestation, exploitation, contact or prostitution; or crimes against persons.

(b) Where Contractor employees are to perform services at ANTHC facilities, Contractor shall comply with, and shall cause its personnel to comply with all applicable ANTHC on-site policies and procedures and all reasonable instructions or directions issued by ANTHC. Contractor, in compliance with applicable law, shall conduct background investigations of all employees performing services under this contract prior to entering ANTHC premises or receiving access to any ANTHC Confidential Information. Such checks shall include, without limitation, employment history, education history, governmental agencies, consumer reporting agencies, and other companies, agencies, and organizations and other information in conformance with Contractor’s standard policy. In addition, Contractor will ensure that its background investigation of all Personnel providing Services on site at ANTHC premises complies with the Indian Child Protection and Family Violence Prevention Act, 25 USC §3201 et. seq. The contractor will make representation to ANTHC that its employees and agents that are providing services at ANTHC’s medical facilities are not individuals with criminal felony convictions for murder, manslaughter, or

IFB #ANTHC 26-B-13265 Page 7 of 13 Aleknagik Gravel & Sand Purchase sex crimes or crimes against children or vulnerable adults in accordance with the Indian Child Protection and Family Violence Prevention Act (Public Law 101-630). Upon request by ANTHC, Contractor will provide copies of Contractor’s policy for background checks/screening of its workforce.

(c) While Contractor alone shall determine who of its personnel will be assigned to perform Services, Contractor shall promptly remove any individual whom ANTHC, in its sole opinion and in accordance with applicable law, considers to be: unqualified to perform services as required, disruptive to the progress of work being performed, detrimental to ANTHC’s operations, in violation of ANTHC policies or failing to meet ANTHC’s standards for physical or other access to ANTHC property, ANTHC premises or any ANTHC computers, computer systems or networks. In any such case, Contractor shall promptly replace such personnel with a person who meets the requirements of this Agreement.

10. Bid Samples – Not Applicable

11. Bid Bond / Supply Bond

(a) Failure to furnish a bid bond in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid bond in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to ANTHC, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds--

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements) as required by the bid as accepted.

NOTE: The bidder shall coordinate with the Contracting Officer if a check or money order will be used as the bond guarantee.

(c) The amount of the bid bond shall be 5% (five percent) of the bid price or $3,000,000 (three million dollars) whichever is less.

(d) If the successful bidder, upon acceptance of its bid by ANTHC within the period specified for acceptance, fails to execute all contractual documents or furnish executed Performance and/or Payment bond(s) within 10 days after receipt of the forms by the bidder (Notice of Award), the Contracting Officer may terminate the contract for default. See General Provisions Paragraph 19 for additional information.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

12. Service of Protest

(a) Protests, as defined in ANTHC Policy, shall be served on the Contracting Officer, addressed as noted on the front of this IFB cover page. Protests may also be served by electronic means.

(b) Except for protests the basis of which is known by the protester before the closing date and time for receipt of bids or offers, the protest shall be received in the office designated not later than ten

(10) days after the date the basis of the protest is or should have been known. For protests the basis of which is known by the protester before the closing date and time for receipt of bids or

IFB #ANTHC 26-B-13265 Page 8 of 13 Aleknagik Gravel & Sand Purchase offers, the protest must be received by the Contracting Officer before the time set for receipt of bids or offers.

13. Affiliated Bidders (Information required by regarding affiliated bidders shall be entered in the Representations and Certifications section of the bid, entitled PARENT COMPANY INFORMATION.)

(a) Business concerns are affiliates of each other when, either directly or indirectly--

(1) One concern controls or has the power to control the other; or

(2) A third party controls or has the power to control both.

(b) Each bidder shall submit with its bid an affidavit stating that it has no affiliates, or containing the following information:

(1) The names and addresses of all affiliates of the bidder.

(2) The names and addresses of all persons and concerns exercising control or ownership of the bidder and any or all of its affiliates, and whether they exercise such control or ownership as common officers, directors, stockholders holding controlling interest, or otherwise.

14. Completeness of Bids Bids must set forth full accurate and complete information as required by this Solicitation (Including Attachments).

15. Special Notice to Bidders

(a) Signing of the bid shall be deemed to be a certification by the bidder that:

(1) Bidder is a contractor who owns, operates, or maintains a place of business, regularly engaged in the business of furnishing supplies and/or services listed in the Schedule of this solicitation; or

(2) If newly entering into business activity, bidder has made all necessary arrangements for personnel, equipment, and required licenses to perform the contemplated contract; and

(3) Upon request, prior to award, bidder will promptly furnish to ANTHC a statement of facts in detail as to bidder's previous experience (including recent and current contracts), organization (including company officers), technical qualifications, financial resources and facilities available to perform the contemplated contract.

16. Solicitation Provisions This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

17. Funding This Solicitation may be funded in whole or in part with State of Alaska and/or federal funds.

SOLICITATION & CONTRACT AWARD INFORMATION

Invitation for Bid: ANTHC 26-B-13265

Alaska Native Tribal Health Consortium (ANTHC) requires the delivery of the material as described in the documents as listed in the Table of Contents section of the Cover Sheet and as listed in the Bid Schedule.

Issued By: Alaska Native Tribal Health Consortium

DEHE Contracting Department

4500 DIPLOMACY DRIVE

For Information contact: Jennifer Hickman, Contracting Officer II, jdhickman@anthc.org.

Additional Solicitation Requirements:

a. Signed bid uploaded in the Bonfire portal is due Not Later Than 10:00 a.m., ALASKA time on

Tuesday, May 19, 2026. Bids will be opened at that time and the results publically posted as soon as all information is verified.

b. Completed and signed Representations and Certifications are to be submitted with bid.

c. A Bid Bond in the required amount, if the bid exceeds $350,000, as defined in INSTRUCTIONS

AND INFORMATION TO BIDDERS, #11, Bid Bond, is to be submitted with bid. Form is provided in the General Provisions.

d. All bids are subject to the

(1) work requirements, and

(2) other provisions and clauses incorporated in the solicitation in full text or by reference.

e. Bids providing less than sixty (60) calendar days for Alaska Native Tribal Health Consortium acceptance after the date bids are due will not be considered and will be rejected.

Contract Award Information:

COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK:

The Contractor shall:

(a) commence work under this contract within ten (10) calendar days after the date the

Contractor receives the executed Contact Award.

(b) prosecute the work diligently.

(c) complete the entire work, ready for use, not later than December 31, 2026. This performance period is mandatory.

LIQUIDATED DAMAGES: Not Applicable to this project.

AWARD STATEMENT:

The award is subject to available funding. If bids exceed available funding, ANTHC reserves the right to cancel the solicitation.

Award of a single fixed price contract is contemplated as a result of bids received under this solicitation. A single award shall be made within seven (7) business days after bid closing to the low responsible responsive bidder whose bid conforms to the solicitation documents.

ANTHC RESERVES THE RIGHT TO REJECT ALL BIDS RECEIVED.

INSURANCE AND BONDS:

Evidence of insurance required under the General Provisions must be provided prior to award of the contract.

As stated in the Instructions and Information to Bidders, Paragraph 11, and General Provisions Paragraph 19(c), if award amount exceeds $350,000, the Contractor MUST furnish to ANTHC a Supply Bond. Bond must be submitted within ten (10) business days after receipt of the forms.

For projects initially awarded as a contract for less than $350,000, but through modifications is increased to greater than $350,000, a supply bond will be required, unless waived by ANTHC in writing.

PAYMENT PROCESS:

(a) ANTHC shall pay the Contractor the contract price as provided in this contract.

(b) ANTHC shall pay the amount due to Contractor under this contract after --

i. Completion and acceptance of delivery; and

ii. Presentation of a properly executed invoice.

(c) Invoices are to be submitted to the address shown on contract award document.

(d) For projects anticipated to last 30 days or more, a retainage of 10% of each invoice shall be held until the entire project has been inspected and accepted, and punch-list items have been completed and accepted. Contractor shall submit a final invoice for the retainage after all punch list items have been completed, and project has been accepted.

INSPECTION / ACCEPTANCE:

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. ANTHC reserves the right to inspect or test any supplies or services that have been tendered for acceptance. ANTHC may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. ANTHC must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

BID SCHEDULE

INVITATION FOR BID #: ANTHC 26-B-13265

COMPANY NAME: ________________________________________

Issued By: Alaska Native Tribal Health Consortium

DEHE Contracting Department

4500 DIPLOMACY DRIVE, SUITE 340

DESCRIPTION OF WORK: The successful Bidder will supply and deliver material as described below in strict accordance with the attached technical specifications to the community of Aleknagik, Alaska.

NOTE: Bidder must include a price for all items. Failure to include a price for each item, EVEN IF THE PRICE IS $0.00, will result in the bid being considered non-responsive, and rejected.

ITEM DESCRIPTION UOM QTY UNIT COST TOTAL COST

001 BERM GRAVEL PER SPECIFICATION 31 00 00 -

2.2 C CY 23,050 $ $

002 PERCOLATION CELL SAND LINER PER

SPECIFICATION 31 00 00 - 2.2 B CY 4,980 $ $

003 PERCOLATION CELL CORE SAND (CLAYEY

SAND) CY 2,700 $ $

004 LOW PRESSURE SEWER LINE AND SERVICES

BEDDING MATERIAL PER SPECIFICATION 31

00 00 - 2.2 C CY 1,040 $ $

005 SAND BEDDING FOR SEPTIC AND LIFT

STATIONS PER SPECIFICATION 31 00 00 - 2.2B CY 450 $ $

006 FREIGHT FOB

LS 1 $

TOTAL BID AMOUNT, ALL ITEMS: $ ___.

The bidder agrees to supply the product required, at the price/cost specified above, in strict accordance with the terms of this solicitation, if this bid is accepted by Alaska Native Tribal Health Consortium in writing within sixty (60) calendar days after the date bids are due.

REQUIRED DELIVERY DATE: December 31, 2026

F.O.B POINT: Aleknagik, Alaska barge landing

MARK FOR: Aleknagik Gravel & Sand Purchase Contract ANTHC 26-C-XXXXX ATTN: John Murphy

ACKNOWLEDGEMENT OF AMENDMENT

(The bidder acknowledges receipt of addendums to the solicitation--give number and date of each).

BID SCHEDULE

INVITATION FOR BID #: ANTHC 26-B-13265

Amendment No.: Date:

COMPANY NAME AND ADDRESS OF BIDDER:

Name of Bidder:

Company DUNS number: _________________________________________________

Address of Bidder:

Remittance Address (If Different):

Telephone Number: Fax Number:

Email Address:

State of AK Business License #:

AUTHORIZED SIGNATURE:

By (Authorized Signature) (Date)

(Type or Print Name) (Title of Signer)

Signature certifies that bidder complies with #15 “Special Notice to Bidders” in the Instructions and Information to Bidders Section.

D IV IS ION OF ENVIRONMENT HEALT H & ENGI NEERING

REPRESENTATIONS AND CERTIFICATIONS OF BIDDER/OFFEROR

Form 00 93 00

ANTHC Form 00 93 00 ANTHC 26-B-13265 – Aleknagik Gravel & Sand 1

1. Type of Business Organization The Bidder/Offeror, by checking the applicable box, represents that --

(a) It operates as

[__] a corporation incorporated under the laws of the State of , [__] an individual, [__] a partnership, [__] a nonprofit organization, or [__] a joint venture; or

(b) If the Bidder/Offeror is a foreign entity, it operates as

[__] an individual, [__] a partnership, [__] a nonprofit organization, [__] a joint venture, or [__] a corporation registered for business in the Country of

(c) The Bidder/Offeror is not

[__] on the List of Parties Excluded from Federal Procurement and Non-Procurement Programs, compiled, maintained, and distributed by the General Services Administration; and [__] barred from bidding or contracting with the State of Alaska.

2. Parent Company Information The Bidder/Offeror by checking the applicable box represents that --

[__] It is independently owned and operated and it is not owned or controlled by a parent company or parent organization.

[__] It is not independently owned and operated; it is owned or controlled by a parent company or parent organization; and the full name and address of the Bidder/Offeror's parent company or parent organization is:

[__] If not independently owned and operated, the parent company or parent organization's Taxpayer Identification Number (TIN) or Employer Identification Number (E.I. No.) is

3. Taxpayer Identification

(a) Definitions.

"Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Corporate status," as used in this solicitation provision, means a designation as to whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services.

"Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns.

(b) All offerors are required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to the reporting requirements described in FAR 4.903, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

ANTHC 26-B-13265 – Aleknagik Gravel & Sand 2

(c) Taxpayer Identification Number (TIN). TIN:

[__] TIN has been applied for.

[__] TIN is not required because:

[__] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S.

and does not have an office or place of business or a fiscal paying agent in the U.S.;

[__] Offeror is an agency or instrumentality of a foreign government;

[__] Offeror is an agency or instrumentality of a Federal, state, or local government;

[__] Other. State basis for no TIN

(d) Corporate Status.

[__] Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services;

[__] Other corporate entity;

[__] Not a corporate entity:

[__] Sole proprietorship [__] Partnership [__] Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a).

(e) Common Parent.

[__] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

Name and TIN of common parent:

Name TIN

4. Contingent Fee Representation and Agreement (Note: The offeror must check the appropriate boxes. For interpretation of the representation, including the term "bona fide employee," see the General Provision of this contract entitled, COVENANT AGAINST

CONTINGENT FEES.)

(a) Representation. The offeror represents that, except for full-time bona-fide employees working solely for the offeror, the offeror:

(1) [__] has, [__] has not employed or retained any person or company to solicit or obtain this contract; and

(2) [__] has, [__] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

(b) Agreement. The offeror agrees to provide information relating to the above Representation as requested by the ANTHC and, when subparagraph (a) (1) or (a) (2) is answered affirmatively, to promptly submit to the Contracting Officer:

(1) A complete Standard Form 119, Statement of Contingent or Other Fees, (SF 119); or

(2) A signed statement indicating that the SF 119 was previously submitted to the same procurement officer, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this bid or offer.

ANTHC 26-B-13265 – Aleknagik Gravel & Sand 3

5. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (This provision is applicable only if the amount of the bid exceeds $100,000.)

(a) The definitions and prohibitions contained in the clause, at General Provisions 8 (Limitation on Payments to Influence Certain Federal Transactions), included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.

(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989--

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

6. Certification of Non-segregated Facilities

(a) "Segregated facilities", as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.

(b) By submission of this offer, the Bidder/Offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Bidder/Offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

(c) The Bidder/Offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will --

(1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause;

(2) Retain the certifications in the files; and

(3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):

ANTHC 26-B-13265 – Aleknagik Gravel & Sand 4

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF

NONSEGREGATED FACILITIES.

(a) Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semi-annually, or annually).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the ANTHC, the Contracting Officer may terminate the contract resulting from this solicitation for default.

7. Certificate of Independent Price Determination

(a) The offeror certifies that--

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to--

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory--

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision

[insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

ANTHC 26-B-13265 – Aleknagik Gravel & Sand 5

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

8. Drug Free Workplace To the extent that any facilities, equipment, vessel, or vehicle to be provided under this bid/offer is to be used as a place of work by Owner employees, the Bidder/Offeror certifies that it does and will maintain such place of work as a drug free workplace in compliance with the Drug Free Workplace Act of 1988 (P.L.

100-690) subject to all the sanctions and penalties in that Act. To this end the Bidder/Offeror represents that it is in compliance with the requirements of the clause prescribed by the Federal Acquisition Regulations (FAR) 52.223-5. (A copy of the FAR 52.223-5 clause is available from the office issuing this solicitation upon request.)

9. Cooperation for Required Determination of Responsible Prospective Contractor Prior to Award of Contract

(a) (This subparagraph applicable to Construction only) Signing of the bid shall be deemed to be a certification by the bidder that:

(1) Bidder is a construction contractor who owns, operates, or maintains a place of business, regularly engaged in construction, alteration or repair of buildings, structures, communication facilities, or other engineering projects, including furnishing and installing of necessary equipment; or

(2) If newly entering into a construction activity, bidder has made all necessary arrangements for personnel, construction equipment, and required licenses to perform construction work; and

(3) Upon request, prior to award, bidder will promptly furnish to ANTHC a statement of facts in detail as to bidder's previous experience (including recent and current contracts), organization (including company officers), technical qualifications, financial resources and facilities available to perform the contemplated work.

(b) The Bidder shall, upon request, promptly furnish ANTHC with a current certified statement of the Bidder's financial condition and such data as ANTHC may request with respect to the Bidder's operations. ANTHC will use this information to determine the Bidder's financial responsibility and ability to perform under the contract.

(c) Failure of a Bidder to comply with a request for information may be cause for rejection of the bid on responsibility grounds.

(d) ANTHC may make such investigations as they deem necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to ANTHC all such information and data for this purpose as ANTHC may request. ANTHC reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder fails to satisfy ANTHC that such bidder is properly qualified and responsible to carry out the obligations of the contract and to complete the work contemplated therein.

10. Native Preference Representation

(a) Representation: The offeror represents that

[__] it is, [__] is not an Alaska Native/American Indian or an Alaska Native / American Indian Entity as defined in Section 11 below. An Offeror that represents he or she qualifies as an Alaska Native / American Indian must submit satisfactory evidence of his or her Native status. An Offeror that represents it is an Alaska Native/American Indian Entity must submit satisfactory evidence to demonstrate the specific degree of Alaska Native/American Indian ownership, control and management.

ANTHC 26-B-13265 – Aleknagik Gravel & Sand 6

(b) (This is applicable only if this is an Alaska Native/American Indian Entities preference or set-aside).

The specified degree of Alaska Native/American Indian ownership, control and management must be maintained during the period covered by this contract.

(c) Any Offeror that misrepresents itself as an Alaska Native/American Indian or as an Alaska Native/American Indian Entity in order to secure the award of a contract or purchase order shall be disqualified from being awarded the contract or, if the contract has already been awarded, shall be considered in material breach of the contract or purchase order and subject to the penalties specified in, the contract, purchase order or ANTHC policy, including immediate termination of the contract or purchase order.

11. DEFINITIONS

(a). Alaska Native/American Indian:

Any of the following natural persons:

(1) Any citizen of the United States who is a person of one-fourth degree or more Alaska Native or American Indian heritage or who is regarded as an Alaska Native by the Native village or Native group of which he or she claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group; or

(2) Any person of Indian or Alaska Native descent who is a member of, or eligible for membership in, any Federally recognized Indian Tribe, or an original ANCSA shareholder; or

(3) Any descendant of a person of American Indian or Alaska Native descent who is or was (if deceased) a member of, or eligible for membership in, any Federally recognized Indian Tribe or an original ANCSA shareholder.

(b). Alaska Native / American Indian Entity.

An Alaska Native / American Indian (AN/AI) Entity includes an entity described in (1), (2) or (3) below:

(1) an Indian tribe, a tribal organization and intertribal consortium.

(2) any Alaska Native Claims Settlement Act Regional Corporation, Village Corporation, Urban

Corporation or Group Corporation whose Settlement and Common Stock and other stock held by holders of Settlement Common Stock and by Natives and descendants of Natives represent greater than 50% of both

(a) the total equity of the corporation, and

(b) the total voting power of the corporation for the purpose of electing directors

(3) a cooperative, enterprise, corporation, subsidiary, joint venture (JV), partnership, Limited Liability Partnership (LLP), Limited Liability Company (LLC), or other business association that meets the conditions of subsections (a) and (b) below.

(a) The entity is owned or controlled by AN/AI interests as demonstrated by at least one of the following:

(i) Greater than 50% of the total voting power of the governing board or its equivalent is

AN/AI-controlled; or

(ii) Greater than 50% of the total equity of the enterprise is AN/AI- contributed, with

“equity” for purposes of this subsection to include the market value of the enterprise’s stock and all other capital, and the market value of the enterprise’s real and personal property.

(b) The entity is primarily administered for the benefit of AN/AIs as demonstrated by one of the following:

(i) At least 51% of the enterprise’s service costs under the contract is expended on

AN/AIs or AN/AI Entities, to include the cost of employee salaries and benefits, and the cost of service subcontractors during the term of a contract; or

(ii) Greater than 50% of the profits (if any) or revenue expenditures inure to AN/AI benefit.

ANTHC 26-B-13265 – Aleknagik Gravel & Sand 7

C. Inter-Tribal Consortium: A coalition of two or more separate Indian Tribes or tribal organizations that join together for the purpose of participating in self-governance under the Indian Self- Determination Act

D. Tribal Organization:

An entity that meets the definition of “tribal organization” under the Indian Self-Determination Act or the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities.

E. Indian Tribe. Any Indian Tribe, band, nation or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

11. Bidder/Offeror Certification and Representation Signature By signing below, the Bidder/Offeror represents that all of its statements, certifications, and representations, and other information supplied herein are true and correct as of the date of submittal of this bid/offer.

BIDDER/OFFEROR:

(Type or Print Company Name)

(Address of Bidder/Offeror)

AUTHORIZED SIGNATURE:

(Signature) (Date)

(Printed Name)

WASTEWATER SYSTEM IMPROVEMENTS

ALEKNAGIK

WKK-23-004

DIVISION 31: EARTHWORK

IFC EARTHWORK

31 00 00 - 1

SECTION 31 00 00

EARTHWORK

PART 1 GENERAL

1.1 SUMMARY

A. Section Includes:

1. Contractor shall provide all labor, equipment, materials, soil and aggregate products, water for compaction, sampling, testing, protections, and incidentals as required to complete the work indicated on the Drawings and these specification. Any work required by this Section not specifically called out shall be considered subsidiary to the Work.

2. Section includes removal of topsoil and subsoil, excavating, dewatering, trenching, ditching, filling and backfilling, compacting, and site grading.

3. Limit clearing to the minimum extent required to accomplish the Work.

B. Related Sections:

1. Section 01 30 00 � Administrative Requirements

2. Section 01 33 00 � Submittals Procedures.

3. Section 01 40 00 � Quality Requirements.

4. Section 01 57 13 � Temporary Erosion and Sediment Control

5. Section 01 70 00 � Execution and Closeout

6. Section 02 00 00 � Existing Conditions

7. Section 02 21 00 � Construction Surveying

8. Section 31 05 19 � Geosynthetics for Earthworks.

9. Section 31 10 00 � Clearing and Grubbing.

10. Section 32 92 19 � Seeding

1.2 REFERENCES

A. Referenced Standards: To the extent referenced in this specification section, the standards and documents listed below are included, and made a part of this Specification. In the event of a conflict, the requirements of this Specification section prevail. Unless otherwise specified, references to documents shall mean the latest published edition of the referenced document in effect at the bid date of the project.

1. American Association of State Highway and Transportation Officials:

a. AASHTO T180, Standard Specification for Moisture-Density Relations of Soils Using a 4.54-kg (10-lb) Rammer and a 457-mm (18-in.) Drop

b. AASHTO T 224, Standard Test Method of Test for Correction for the Coarse Particles in the Soil Compaction Test

2. ASTM International:

a. ASTM…