26067 Bradley Lake Management Committee (BPMC)- Legal Services IRFP.pdf

Alaska Energy Authority spdocs-a (January 2018) DOT&PF Small Procurement Documents PART A - RFP for Construction Related Professional Services Page 1 of 2

SMALL PROCUREMENT DOCUMENTS

for Construction Related Professional Services - RFP, Proposal & Award per

AS 36.30.320 and 2 AAC 12.400

PART A – REQUEST FOR PROPOSALS

NOTE: State Small Procurement Limit is $200,000; FHWA/FAA/FTA Small Procurement Limit is $150,000.

GENERAL INFORMATION

These documents consist of three parts (Part A - Request for Proposals; Part B - Proposal Form; Part C

- Contract Award, Notice to Proceed & Invoice Summary), -- plus the current edition dated January 2018 of the Standard Provisions Booklet (DOT&PF Standard Provisions for Small Procurements of Construction Related Professional Services) that is hereby incorporated by reference. The Booklet will not be distributed with any of the three parts; however, a copy may be obtained on our website at the following link: http://www.dot.state.ak.us/procurement. The Booklet contains copies of the Small Procurements Procedure (Chapter 2 of the PSA Manual), Appendix A (General Conditions), Appendix C (Compensation), Exhibit C-1 (Methods of Payment), Appendix D (Indemnification and Insurance), and Appendix E (Certificate of Compliance).

Project Title: Bradley Lake Management Committee (BPMC)- Legal Services

Project Number(s): 26067 RFP No. 26067

Project Site (City, Village, etc.)

Contracting Agency:

Alaska Energy Authority 813 West Northern Lights Anchorage, AK 99503

Agency Contact: Tim Sandstrom Phone: 907-771-3082 Email:

tjsandstrom@akenergyauthorit y.org

Estimated Amount of Proposed Contract: less than $50,000

$100,000 to $150,000

$50,000 to $100,000

$150,000 to $200,000

Funding Source (check all that apply): State FHWA FAA FTA Other:

REQUIRED SERVICES: are described in the enclosure consisting of 3 pages.

OR: are described as follows:

Note to Proposers: Any proposer listing as a member of their team a current public officer or a former public officer who has left State service within the past two (2) years must submit a sworn statement from that individual that the Alaska Executive Branch Ethics Act does not prohibit his or her participation in this project. If a proposer fails to submit a required statement, the proposal may be deemed nonresponsive or nonresponsible, and rejected, depending upon the materiality of the individual’s proposed position.

If required, submit the attached Former Employee’s Certification of Eligibility (Form 25A270). The page limit noted below does not include this form.

Note: Offerors shall carefully review this solicitation for defects and questionable or objectionable material.

Comments concerning defects and objectionable material must be made in writing and received by the purchasing authority before proposal due date. This will allow issuance of any necessary addenda. It will also help prevent the opening of a defective solicitation and exposure of Offeror’s proposals upon which award could not be made. Protests based upon any omission, error, or the content of the solicitation will be disallowed if not made in writing before the proposal due date.

PERIOD OF PERFORMANCE: Begin: March 1, 2026 End: June 30, 2029 with the option to renew for

(2) two additional (1) one-year option periods.

Total of (5) five years possible.

PROPOSAL FORMAT

Written proposals to provide the required services shall consist of the enclosed “Part B - Proposal Form”, completed as indicated, plus a letter not to exceed five (8.5” x 11”) pages. If a Price Estimate is required, the page limit does not include the Price Estimate. Proposals that exceed the page limit may be disqualified. Proposals may be sent by fax or electronically as indicated on page 2, or hand delivered to the Contracting Agency.

mailto:tjsandstrom@akenergyauthority.org mailto:tjsandstrom@akenergyauthority.org spdocs-a (January 2018) DOT&PF Small Procurement Documents PART A - RFP for Construction Related Professional Services Page 2 of 2

PRICE AND METHOD OF PAYMENT

A Price Estimate is NOT required with your proposal. The selected Offeror shall submit a Price Estimate within one business day following a request from the Contracting Agency.

A Price Estimate is required with your proposal.

A Price Estimate shall include all tasks to perform the contract and be prepared in the format shown below.

Note that a Price Estimate is not a bid. It is a negotiable offer. A Fixed Price contract is desirable; however, a Cost Reimbursement contract may result if a Fixed Price cannot be negotiated.

PRICE ESTIMATE FORMAT (if required per above)

1. * Direct Costs of Direct Labor (DCDL). Provide a table with the following columns (Names required only for key staff and persons "in-responsible-charge"):

Job Classification Name Total Hours Rate ($/hr) * Estimated Cost ($) Total DCDL $

2. * Indirect Costs (IDC). IDC Rate: % Total IDC $

3. Subcontracts. List each, the amount for each and attach an estimate in this format for each. Total Subcontracts $

4. Expenses. (Equipment, transportation, food and lodging, reproduction, etc. - if not included in Indirect Costs.) Amounts shall be based on actual cost to the Offeror, without any profit or other markup. Provide a table with the following columns:

Item Quantity Cost ($/Unit) Estimated Cost ($) Total Expenses $

5. * Total Estimated Cost. Sum of DCDL + IDC + Subcontracts + Expenses. Total Cost $

6. * Proposed Fee. List a proposed amount (not a percentage) for profit. Fee $

7. Total Estimated Price. Sum of Total Estimated Cost plus Proposed Fee. Total Price $

* Sole proprietorships and small firms that do not maintain an accounting system that separately identifies costs for "payroll" benefits and overhead, for routine allocation of such costs to jobs, may omit items 2, 5, & 6 if the Rates ($/hr) in Item 1 are proposed as Billing Rates (DCDL + IDC + FEE). Firms that routinely allocate Indirect Costs to projects may not use Billing Rates for this estimate.

SUBMITTAL DEADLINE AND LOCATION

DATE: March 6, 2026 PREVAILING TIME: 2:00PM FAX OR EMAIL:

aeaprocurement@akenergyauthority.org

Hand deliver proposal directly to following location, and person, if named; or email to address above:

Alaska Energy Authority When submitting proposals, please make sure Attn: Selwin C. Ray to identify the project title and the IRFP number 813 West Northern Lights on the outer envelope of the submittal package Anchorage, AK 99503

Late proposals will not be considered. Offerors are responsible to assure timely delivery and receipt and are encouraged to respond at least four business hours prior to the above deadline. Any addendum issued less than 24 hours prior to a Deadline will extend that Deadline by a minimum of an additional 24 hours. The Contracting Agency shall not be responsible for any communication equipment failures or congestion and will not extend the deadline for any proposals not received in their entirety prior to the deadline. For hand delivered proposals, confirmation of receipt by telephone or other means four hours or less prior to deadline will not be provided. (An out-of-town/state Offeror may also electronically transmit their proposal to a local personal representative who may reproduce a copy of it and deliver it “in person” to the submittal location prior to the deadline.)

BASIS OF SELECTION

This solicitation does not guarantee that a contract will be awarded. All proposals may be summarily rejected. Our intent, however, is to select a Contractor based on the following criteria:

1) Demonstrated comprehension of required services and proposed strategy for performance.

2) Relevant experience and credentials of proposed personnel including any subcontractors.

3) Reasonableness of proposed schedule for performance.

4) Price Estimate (if required with proposal).

5) Other (specify):

Proposals will be evaluated per Chapter 2 of the DOT&PF PSA Manual.

END OF PART A

REQUEST FOR PROPOSALS (IRFP) FOR LEGAL

SERVICES Bradley Project Management Committee

(BPMC) Bradley Lake Hydroelectric Project

Introduction & Background

The Bradley Lake Project Management Committee (BPMC) is soliciting proposals from qualified attorneys or law firms to provide comprehensive legal services. The BPMC is responsible for the management, operation, maintenance, and improvement of the Bradley Lake Hydroelectric

Project—a 120-megawatt hydroelectric facility located near Homer, Alaska, owned by the Alaska

Energy Authority (AEA) and operated in partnership with Chugach Electric Association, Inc. (CEA), Matanuska Electric Association, Inc. (MEA), Homer Electric Association, Inc. (HEA), Golden Valley

Electric Association, Inc. (GVEA), and the City of Seward.

The BPMC operates under the Bradley Lake Power Sales Agreements. The BPMC’s legal needs include governance, inter-utility coordination, regulatory compliance, and asset management.

Scope of Services

The selected attorney or firm may provide, at a minimum, the following services:

A. Legal Representation

• Attend all regular and special BPMC meetings (in person or remotely) and provide legal counsel at such meetings.

• Draft, review, and negotiate contracts, agreements, resolutions, and policies, including those related to capital projects, grant funding, and inter-utility operations.

• Advise on compliance with open meetings, public records, and ethics laws applicable to the BPMC and its member utilities.

• Represent the BPMC in regulatory proceedings before the RCA and other agencies as needed.

• Advise the BPMC on all matters of Alaska and federal law relevant to the management, operation, maintenance, and improvement of the Bradley Lake Hydroelectric Project.

B. Other Services

• Provide legal research and written opinions as requested.

• Train BPMC members and staff on relevant legal topics.

• Support the BPMC in responding to public records requests and ensuring compliance with applicable laws.

• Monitor and advise on legislative and regulatory developments affecting the BPMC and the Bradley Lake Hydroelectric Project.

Minimum Qualifications

• Licensed and in good standing to practice law in the State of Alaska.

• No conflicts of interest with AEA, the BPMC, and its member utilities.

• Ability to attend meetings in Anchorage and/or participate remotely as required.

• Experience with regulatory proceedings before the RCA or similar bodies.

• Experience working with utilities.

• Strongly preferred: Experience working with electric utilities.

• Strongly preferred: Experience representing public agencies, boards, or commissions, preferably in the energy, utilities, or infrastructure sectors.

• Strongly preferred: Alaska residency.

• Preferred: Experience with FERC proceedings and NEPA compliance.

Proposal Requirements

Proposals must include the following:

1. Description of the firm, history, and areas of expertise.

2. Resumes of key personnel who will serve the BPMC.

3. Description of similar engagements, especially with public sector or energy/utility clients.

4. Description of proposed approach for meeting the BPMC’s legal needs.

5. Disclosure of bar association disciplinary actions.

6. Disclosure of conflicts of interest.

7. Fee Proposal: Hourly rates for all personnel; retainer or flat fee options (if applicable).

8. At least three references (name, title, organization, contact info, etc.).

Evaluation Criteria

Proposals will be evaluated based on the following criteria:

• Experience and expertise in relevant legal areas (including RCA, FERC, and NEPA practice); qualifications of assigned personnel; approach and understanding of the

BPMC’s needs.

• Reasonableness and competitiveness of rates/fees.

• Reference feedback.

• Results from in-person interviews, as applicable.

Alaska Energy Authority spdocs-b (January 2018) DOT&PF Small Procurement Documents PART B - Proposal Form for Construction Related Professional Services Page 1 of 1

SMALL PROCUREMENT DOCUMENTS

PART B - PROPOSAL FORM

THIS COMPLETED FORM MUST BE THE FIRST PAGE. NO OTHER COVER SHALL BE USED.

Project Title: Bradley Lake Management Committee (BPMC)-Legal Services

RFP No.: 26067

PROPOSAL REQUIREMENTS

Proposals shall demonstrate comprehension of the objectives and services for the proposed contract; include a brief overview of what will be done; and show a sequence and schedule for each important task. Assumptions made in formulation of the proposal and the support expected from the Contracting Agency shall be defined. The key individuals who will perform services shall be named (including all who would be “in responsible charge” (Ref: AS 08.48) for Architecture, Engineering, Land Surveying and/or Landscape Architecture with their Alaska registration number). Include a brief – about one paragraph – statement for each person named that describes experience directly related to the service(s) they will perform. Proposed subcontracts, if any, shall be explained. Resources; e.g., support personnel, facilities, equipment, current and projected workload could be summarized. Any unique qualifications or knowledge of the project, project area, or services to be provided, should be identified.

ALASKA STATUTORY PREFERENCES are are not applicable to this contract.

If applicable, check those preferences that you (Offeror) claim.

Alaska Bidder (Offeror) AND>> Veterans AND >> Employment Program OR Disabled Persons

2 AAC 12.260(d) AS 36.30.175 if applicable AS 36.30.170(c) AS 36.30.170 (e & f) Invalid claim(s) will result in the Offeror’s disqualification for contract award.

PROPOSAL

The undersigned has reviewed Part A – RFP of these documents, understands the instructions, terms, conditions, and requirements contained therein and in the Standard Provisions Booklet, and proposes to provide the required services described in Part A in accordance with the attached letter which constitutes our proposal to complete the project.

By my initials below, I certify that the Offeror and all Subcontractors identified in the Proposal shall comply with all requirements for the following items as explained in the Standard Provisions Booklet:

[ ] Certification of Compliance (Alaska Licenses and Registrations, and Certifications).

[ ] Insurance, including Workers’ Compensation, Comprehensive or Commercial General Liability, and Comprehensive Automobile Liability.

[ ] Professional Liability Insurance as follows:

As available.

Minimum of $300,000.

Minimum of $500,000.

[ ] Certification for Federal-Aid Contracts Exceeding $100,000 (DOT&PF Form 25A262 Appendix A, General

Conditions)

For Small Procurements over $50,000, by signature on this form, the Offeror certifies that all services provided under this contract by the Contractor and all Subcontractors shall be performed in the United States. If the offeror cannot certify that all work is being performed in the United States, the Offeror must contact the Contracts Officer to request a waiver at least 24 hours prior to proposal deadline. The Offeror must provide with their submission a detailed description of the portion of work being performed outside the United States, where, by whom, and the reason the waiver is necessary. Failure to comply with this requirement may cause the state to reject the proposal as non-responsive, or cancel the contract.

I further certify that I am a duly authorized representative of the Offeror; that this Proposal accurately represents capabilities of the Offeror and Subcontractors identified for providing the services indicated. I understand that these Certifications are material representations of fact upon which reliance will be placed if this contract is awarded and that failure to comply with these Certifications is a fraudulent act. The Contracting Agency is hereby authorized to request any entity identified in this proposal to furnish information deemed necessary to verify the reputation and capabilities of the Offeror and Subcontractors.

This proposal is valid for at least ninety (90) days.

Signature and Date

Name ................................... :

Title ..................................... :

Offeror (Firm) ...................... :

Street or PO Box ................. :

City, State, Zip ..................... :

Telephone - Voice ............... :

Telephone - Fax .................. :

Email ................................... :

Federal Tax Identification No. ................ :

Type of Firm (Check one of the following):

Individual Partnership Corporation in state of ........... :

Other (specify) ...................... :

END OF PART B

ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY

AND ALASKA ENERGY AUTHORITY

CERTIFICATION OF C O N T R A C T O R A N D LOWER-TIER PARTICIPANTS

REGARDING DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND

VOLUNTARY EXCLUSION

Contractor

PLEASE INSERT YOUR COMPANY'S NAME AND ADDRESS IN THIS BOX

I,______________________________________ hereby certify on behalf

(Name and title of official) of _____________________________________________that:

(Name of contractor)

(1) The prospective contractor and lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 C.F.R. § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. In the event, your company or any principals become ineligible from participating in federally funded transactions, you are required to notify us immediately.

(2) When the prospective contractor and lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Executed this day of , 20

By:

(Signature of authorized official)

(Title of authorized official)

Contractor Certifications- Revision date 11/26/2013