ADF&G ITB # 2026-1100-0286 - 2026 AIGKC Cost Recovery.pdf

STATE OF ALASKA

INVITATION TO BID (ITB)

2026 TEST-FISHERY HARVEST AND PURCHASE OF ALEUTIAN ISLANDS GOLDEN KING CRAB (LITHODES AEQUISPINUS) FOR THE

ALASKA DEPARTMENT OF FISH AND GAME (ADF&G) CRAB OBSERVER AND RESEARCH PROGRAMS

ITB # 2026-1100-0286

ISSUED 4/6/2026

ADF&G is requesting bids from qualified bidders for harvesting and purchasing golden king crab from the Eastern Aleutian Islands (Area O east of 174° W longitude) to achieve ADF&G’s revenue goal of $500,000 for the

Aleutian Islands crab observer and research programs.

IMPORTANT NOTICE: If you received this solicitation from the State of Alaska’s “Online Public Notice” web site, you must register with the procurement officer listed below if you desire to receive notification of subsequent amendments to the solicitation.

BIDDER'S NOTICE: By signature on this form, the bidder certifies that they comply with the following:

(1) the bidder has a valid Alaska business license or will obtain one prior to award of any contract resulting from this ITB. If the bidder possesses a valid

Alaska business license, the license number must be written below or one the following forms of evidence must be submitted with the bid:

• a canceled check for the business license fee;

• a copy of the business license application with a receipt date stamp from the State's business license office;

• a receipt from the State’s business license office for the license fee;

• a copy of the bidder’s valid business license;

• a sworn notarized affidavit that the bidder has applied and paid for a business license;

(2) the price(s) submitted was arrived at independently and without collusion, under penalty of perjury, and that the bidder is complying with:

• the laws of the State of Alaska;

• the applicable portion of the Federal Civil Rights Act of 1964;

• the Equal Employment Opportunity Act and the regulations issued thereunder by the state and federal government;

• the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the state and federal government;

• the bid will remain open and valid for at least 90 days;

• all terms and conditions set out in this Invitation to Bid (ITB).

If a bidder does not hold an Alaska Business License (1) at the time designated in the ITB for opening the state will disallow the Alaska Bidder Preference.

Bids must also be submitted under the name as appearing on the bidder’s current Alaska business license in order to receive the Alaska Bidder Preference.

If a bidder fails to comply with (2) of this paragraph, the state may reject the bid, terminate the contract, or consider the contractor in default.

DEPARTMENT OF FISH AND GAME

DIVISION OF ADMINISTRATIVE SERVICES COMPANY SUBMITTING BID

AUTHORIZED SIGNATURE

PROCUREMENT OFFICER:

ERIC VERRELLI PRINTED NAME

PHONE: (907) 465-6178

EMAIL: ERIC.VERRELLI@ALASKA.GOV DATE

mailto:ERIC.VERRELLI@ALASKA.GOV

STATE OF ALASKA – INVITATION TO BID ITB 2026-1100-0286

2026 TEST-FISHERY HARVEST AND PURCHASE AIGKC

{ITB-3/v1/10.16.24} Page 2 of 33

TABLE OF CONTENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

SEC. 1.02 BUDGET

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

SEC. 1.04 PRIOR EXPERIENCE

SEC. 1.05 REQUIRED REVIEW

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

SEC. 1.07 SITE INSPECTION

SEC. 1.08 RETURN INSTRUCTIONS

SEC. 1.09 ASSISTANCE TO BIDDERS WITH A DISABILITY

SEC. 1.10 AMENDMENTS TO BIDS

SEC. 1.11 AMENDMENTS TO THE ITB

SEC. 1.12 ITB SCHEDULE

SEC. 1.13 PRE-BID CONFERENCE/TELECONFERENCE

SEC. 1.14 ALTERNATE BIDS

SEC. 1.15 SUPPORTING INFORMATION

SEC. 1.16 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

SECTION 2. SCOPE OF WORK AND CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

SEC. 2.02 CONTRACT TERM

SEC. 2.03 CONTRACT TYPE

SEC. 2.04 PAYMENT FOR STATE PURCHASES

SEC. 2.05 ELECTRONIC PAYMENTS

SEC. 2.06 PROMPT PAYMENT FOR STATE PURCHASES

SEC. 2.07 CONTRACT ADMINISTRATION

SEC. 2.08 CONTRACT PRICE ADJUSTMENTS

SEC. 2.09 CONTRACT PERFORMANCE LOCATION

SEC. 2.10 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

SEC. 2.11 SUBCONTRACTORS

SEC. 2.12 JOINT VENTURES

SEC. 2.13 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 2.14 F.O.B. POINT

SEC. 2.15 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 2.16 EQUIPMENT INSPECTION

SEC. 2.17 NEW EQUIPMENT

SEC. 2.18 REMANUFACTURED/RECONDITIONED EQUIPMENT

SEC. 2.19 LEMON CLAUSE

SEC. 2.20 DISCONTINUED ITEMS

SEC. 2.21 LIQUIDATED DAMAGES

SEC. 2.22 SHIPPING DAMAGE

SEC. 2.23 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

SEC. 2.24 CONTINUING OBLIGATION OF CONTRACTOR

SEC. 2.25 BILLING INSTRUCTIONS

SEC. 2.26 ESTIMATED QUANTITIES

SEC. 2.27 WARRANTY

SEC. 2.28 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 2.29 INDEMNIFICATION

SEC. 2.30 INSURANCE

SECTION 3. BID FORMAT AND CONTENT

SEC. 3.01 BID FORMS

SEC. 3.02 PRICES

SECTION 4. EVALUATION AND CONTRACTOR SELECTION

SEC. 4.01 EVALUATION OF BIDS

SEC. 4.02 APPLICATION OF PREFERENCES

SEC. 4.03 ALASKA BIDDER PREFERENCE

SEC. 4.04 ALASKA VETERAN PREFERENCE

SEC. 4.05 ALASKA MILITARY SKILLS PROGRAM PREFERENCE

SEC. 4.06 USE OF LOCAL FOREST PRODUCTS

SEC. 4.07 LOCAL AGRICULTURAL AND FISHERIES PRODUCT PREFERENCE

{ITB-3/v1/10.16.24} Page 3 of 33

SEC. 4.08 ALASKA PRODUCT PREFERENCE

SEC. 4.09 EMPLOYMENT PROGRAM PREFERENCE

SEC. 4.10 ALASKANS WITH DISABILITIES PREFERENCE

SEC. 4.11 PREFERENCE QUALIFICATION LETTER

SEC. 4.12 EXTENSION OF PRICES

SEC. 4.13 METHOD OF AWARD

SEC. 4.14 CONTRACTOR SELECTION PROCESS

SEC. 4.15 NOTICE OF INTENT TO AWARD

SECTION 5. GENERAL PROCESS AND LEGAL INFORMATION

SEC. 5.01 INFORMAL DEBRIEFING

SEC. 5.02 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

SEC. 5.03 AUTHORITY

SEC. 5.04 COMPLIANCE

SEC. 5.05 SUITABLE MATERIALS, ETC

SEC. 5.06 SPECIFICATIONS

SEC. 5.07 BRAND SPECIFIC

SEC. 5.08 ITEM UPGRADES

SEC. 5.09 WORKMANSHIP AND MATERIALS

SEC. 5.10 CONTRACTOR SITE INSPECTION

SEC. 5.11 ORDER DOCUMENTS

SEC. 5.12 HUMAN TRAFFICKING

SEC. 5.13 RIGHT OF REJECTION

SEC. 5.14 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 5.15 DISCLOSURE OF BID CONTENTS

SEC. 5.16 ASSIGNMENTS

SEC. 5.17 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC. 5.18 DEFAULT

SEC. 5.19 DISPUTES

SEC. 5.20 SEVERABILITY

SEC. 5.21 CONTRACT CANCELLATION

SEC. 5.22 GOVERNING LAW; FORUM SELECTION

SEC. 5.23 QUALIFIED BIDDERS

SEC. 5.24 FEDERALLY IMPOSED TARIFFS

SEC. 5.25 PROTEST

SECTION 6. ATTACHMENTS

SEC. 6.01 ATTACHMENTS

{ITB-3/v1/10.16.24} Page 4 of 33

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

ADF&G is requesting bids from qualified bidders for harvesting and purchasing golden king crab from the Eastern Aleutian Islands (Area O east of 174° W longitude) to achieve ADF&G’s revenue goal of $500,000 for the Aleutian Islands crab observer and research programs. Bids will be taken based on price per pound of live crab to achieve the revenue goal of $500,000. Bid amount is the price bidder will pay ADF&G for the live golden king crab after subtracting the 2026 cost of harvesting crab, including providing the fishing vessel, fuel, bait, processing, all personnel, etc.

SEC. 1.02 BUDGET

Payment for the contract is subject to funds already appropriated and identified.

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

Bids must be received no later than 2:00 PM Alaska Time on April 27, 2026, at which time they will be publicly opened. Late bids or amendments will be considered non-responsive and will not be opened or accepted for evaluation.

SEC. 1.04 PRIOR EXPERIENCE

No specific minimums have been set for this ITB.

SEC. 1.05 REQUIRED REVIEW

Bidders shall carefully review this ITB for defects and questionable or objectionable material. Comments concerning defects and questionable or objectionable material in the ITB should be made in writing and received by the procurement officer at least ten days before the deadline for receipt of bids. This will allow time for an amendment to be issued if one is required. It will also help prevent the opening of a defective bid, upon which award cannot be made, and the resultant exposure of bidders' prices.

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

All questions must be in writing and directed to the procurement officer. The interested party must confirm telephone conversations in writing. Two types of questions generally arise. One may be answered by directing the questioner to a specific section of the ITB. These questions may be answered over the telephone. Other questions may be more complex and may require a written amendment to the ITB. The procurement officer will make that decision.

SEC. 1.07 SITE INSPECTION

Potential bidders are encouraged to visit the work site so that they can see the conditions under which the work described in this ITB will be performed. The bidder's failure to visit the work site will in no way relieve the bidder of the responsibility of performing the work in strict compliance with the true intent and meaning of the terms, conditions, and specifications of this ITB. The site may be inspected by contacting Eric Verrelli at 907-465-6178.

{ITB-3/v1/10.16.24} Page 5 of 33

This contact person is only empowered to allow potential bidders to view the work site. The contact person cannot and will not answer potential bidder questions regarding the work to be performed under this ITB or the terms, conditions, and specifications of this ITB. Any questions potential bidders have must be directed to the procurement officer as required in Section 1.05.

SEC. 1.08 RETURN INSTRUCTIONS

Electronic submission is the preferred method of submission. To submit electronically please send your bid via email, the entire bid may be emailed to dfg.contracting@alaska.gov and must contain the ITB number in the subject line of the email. The maximum size of a single email (including all text and attachments) that can be received by the state is 20mb (megabytes). If the email containing the bid exceeds this size, the bid must be sent in multiple emails that are each less than 20 megabytes and each email must comply with the requirements described above.

Please note that email transmission is not instantaneous. Like sending a hard copy bid, if you are emailing your bid, the state recommends sending it enough ahead of time to ensure the email is delivered by the deadline for receipt of bids.

It is the bidder’s responsibility to contact the issuing agency at 907-465-6178 to confirm that the entire bid has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

If submitting bids via mail, Bidders must submit one hard copy of their entire bid, in writing, to the procurement officer in a sealed package. The sealed bid package must be addressed as follows:

Department of Fish and Game Division of Administrative Services

Attention: ERIC VERRELLI Invitation to Bid (ITB) Number: 2026-1100-0286

ITB Title: 2026 Test-Fishery Harvest and Purchase of Aleutian Islands Golden King Crab (Lithodes aequispinus) for the Alaska Department of Fish and Game (ADF&G) Crab Observer and Research Programs

If using U.S. mail, please use the following address:

PO BOX 115526

JUNEAU, AK 998114-5526

If using a delivery service, please use the following address:

1255 W 8TH ST.

JUNEAU, AK 99811

{ITB-3/v1/10.16.24} Page 6 of 33

SEC. 1.09 ASSISTANCE TO BIDDERS WITH A DISABILITY

The State of Alaska complies with Title II of the Americans with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aids, services, and/or special modifications to submit a bid should contact the Procurement Officer no later than ten days prior to the closing of the bid to make any necessary arrangements.

SEC. 1.10 AMENDMENTS TO BIDS

Amendments to or withdrawals of bids will only be allowed if acceptable requests are received prior to the deadline that is set for receipt of bids, in accordance with 2 AAC 12.140. No amendments or withdrawals will be accepted after the deadline unless the delay is due to an error of the contracting agency, in accordance with 2

AAC 12.160.

SEC. 1.11 AMENDMENTS TO THE ITB

If an amendment is issued before the deadline for receipt of bids, the amendment will be posted on the State of Alaska Online Public Notice (OPN) website. The link to the posting of the amendment will be provided to all who were notified of the ITB and to those who have registered with the procurement officer after receiving the ITB from the OPN.

SEC. 1.12 ITB SCHEDULE

The ITB schedule below represents the State of Alaska’s best estimate of the schedule that will be followed. If a component of this schedule, such as the deadline for receipt of bids, is delayed, the rest of the schedule may be shifted accordingly. All times are Alaska Standard Time (AST).

ACTIVITY TIME DATE

Issue Date / ITB Released 4/6/2026 Deadline for Receipt of Bids / Bid Due Date 2:00 PM AKST 4/27/2026 Bid Evaluations Complete 4/28/2026 Notice of Intent to Award 4/28/2026 Contract Issued 5/8/2026

This ITB does not, by itself, obligate the state. The state's obligation will commence when the contract is approved by the Commissioner of the Department of Fish and Game, or the Commissioner's designee. Upon written notice to the contractor, the state may set a different starting date for the contract. The state will not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the state.

SEC. 1.13 PRE-BID CONFERENCE/TELECONFERENCE

No pre-bid conference will be held.

SEC. 1.14 ALTERNATE BIDS

Bidders may only submit one bid for evaluation. In accordance with 2 AAC 12.830 alternate bids (bids that offer something different than what is asked for) will be rejected.

{ITB-3/v1/10.16.24} Page 7 of 33

SEC. 1.15 SUPPORTING INFORMATION

Provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the state reserves the right to request supplemental information from the bidder, after the bids have been opened, to ensure that the products or services offered completely meet the ITB requirements. The requirement for such supplemental information will be at the reasonable discretion of the state and may include the requirement that a bidder will provide a sample product(s) so that the state can make a first-hand examination and determination.

A bidder's failure to provide this supplemental information or the product sample(s), within the time set by the state, may cause the state to consider the offer non-responsive and reject the bid.

SEC. 1.16 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

To be responsive a bid must constitute a definite, firm, unqualified and unconditional offer to meet all the material terms of the ITB. Material terms are those that could affect the price, quantity, quality, or delivery. Also included as material terms are those which are clearly identified in the ITB, and which must be complied with at risk of bid rejection for non-responsiveness.

{ITB-3/v1/10.16.24} Page 8 of 33

SECTION 2. SCOPE OF WORK AND CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

ADF&G is requesting bids from qualified bidders for harvesting and purchasing golden king crab from the Eastern Aleutian Islands (Area O east of 174° W longitude) to achieve ADF&G’s revenue goal of $500,000 for the Aleutian Islands crab observer and research programs. Bids will be taken based on price per pound of live crab to achieve the revenue goal of $500,000. Bid amount is the price bidder will pay ADF&G for the live golden king crab after subtracting the 2026 cost of harvesting crab, including providing the fishing vessel, fuel, bait, processing, all personnel, etc.

The bid will be awarded to the highest responsive and responsible bidder. Legislative intent for ADF&G’s budget is to receive fair market value including price adjustments, if applicable, for all test-fishery program contracts.

The following information applies to the Bering Sea/Aleutian Islands crab rationalization program and successful bidders.

1. Because test-fishery crab harvested under an ADF&G CFEC permit are not included in the IPQ program, the purchase of test-fishery crab is not deducted from IPQ.

2. Any processor may purchase test-fishery crab, IPQ is not needed.

3. The processor must possess an RCR permit.

4. Buyback vessels are not allowed to participate in test-fisheries.

5. Because crab are delivered under the State of Alaska CFEC permit and not included in the IFQ and CDQ programs, the harvest of test-fishery crab is not deducted from IFQ or CDQ.

CFEC = Commercial Fisheries Entry Commission, IPQ = Individual Processing Quota, RCR = Registered Crab Receiver, IFQ = Individual Fishing Quota, CDQ = Community Development Quota, Buyback vessel = fishing vessel that has relinquished its fishing rights as part of a National Marine Fisheries Service fishing capacity reduction program http://www.nmfs.noaa.gov/mb/financial_services/bsai_crab_buyback.html.

PURPOSE: Under this invitation to bid (ITB), ADF&G will contract for the harvest and purchase of legal-size golden king crab from the Eastern Aleutian Islands (Area O east of 174° W longitude) between August 1, 2026 and December 31, 2026, to meet the Aleutian Islands golden king crab test-fishery goal for the crab observer and research programs. The test-fishery revenue goal is $500,000. Test fishing is authorized under State of Alaska statute 16.05.050(14). No high-grading may occur by the harvesting vessel.

BIDDER QUALIFICATIONS: The contractor or its subcontractor(s)must be fully licensed to process crab in the State of Alaska at the time a bid is tendered. In addition to possession of a valid 2026 Alaska Business License, the contractor or its subcontractor(s) must at least possess a valid 2026 Alaska Seafood Processor and Exporter License and Permit, consisting of an Alaska Department of Environmental Conservation Seafood Processing Permit, Alaska Department of Revenue License, and an Alaska Department of Fish and Game Intent to Operate. It is the contractor’s responsibility to obtain all other state and federal permits and licenses necessary to operate a seafood processing facility in the State of Alaska, whether held by the contractor or its subcontractor(s). The contractor, upon request, must furnish copies of all applicable permits and licenses to the State.

CONFIDENTIALITY OF SURVEY DATA: The vessel captain and crew will comply with all State regulations and statutes pertaining to confidentiality of crab stock abundance survey information, in particular with Alaska Statute

{ITB-3/v1/10.16.24} Page 9 of 33

16.05.815 (c), which prohibits copying or distributing to the public any information on crab catch by sampling location prior to close of the fishing season for which the survey was conducted.

TERMS:

1. PAYMENT: The selected contractor will submit full payment of $500,000 by July 1, 2026. The contractor will harvest the exact pounds of live crab necessary to achieve the revenue goal, as per the successful bid amount on a per pound basis. Any crab delivered in excess of those needed to achieve the revenue goal will be the property of the State of Alaska except for IFQ and CDQ crab. The contractor will purchase crab overage at the contract per pound price; however, the overage may not exceed 5% of the pounds of crab needed to fulfill the revenue goal of $500,000. If the overage exceeds 5%, the contractor will pay the State, on a pound for pound basis for all crab exceeding the 5% overage allowance, 1.5 times the contract price per pound.

2. TAXES: The Alaska fishery business (raw fish tax) and the Alaska Seafood Marketing Institute (ASMI) taxes are applied to the purchase of test-fishery crab. Any other city, state or federal taxes are not applied to the harvest and purchase of test-fishery crab.

3. CANCELLATION: The State reserves the right to cancel the contract at the State’s sole discretion.

4. LENGTH OF CONTRACT: Test-fishing operations may only occur between August 1, 2026 and December 31, 2026. The winning bidder must coordinate dates of test fish harvest with ADF&G prior to any harvest occurring. Test-fishing harvest will be executed by a single fishing vessel over the shortest number of fishing days/trips as practicable.

5. If a contractor fails to meet the ITB processor requirements, the State may consider the offer non-responsive and reject the bid.

6. ESTIMATED PRODUCT: The State does not guarantee a minimum or maximum quantity of crab delivered for sale to the contractor. Only legal-size male golden king crab (6.0 inches carapace width or greater, including spines) will be taken. All legal-size crab caught must be retained for sale, excluding injured or diseased crab. Crab with old shells or barnacles shall be retained for sale. The vessel harvesting the test-fishery crab may simultaneously harvest IFQ and/or CDQ crab when regulations permit. If a delivery is split between the test-fishery permit and IFQ and/or CDQ permits, the deadloss weight must be apportioned by permit relative to the total delivery weight (Ex: 100,000 pounds delivered consisting of 90,000 pounds live and 10,000 pounds dead, where 60% of live-crab delivery is test-fishery and 40% of live-crab delivery is IFQ and/or CDQ; deadloss is apportioned as 6,000 pounds for test-fishery and 4,000 pounds for IFQ and/or CDQ). All live and dead crab must be weighed and each accounted for separately at the time crab are taken off the vessel.

7. UNDERSIZED and FEMALE CRAB: While fishing under this contract, the contractor, the vessel, and the crew are responsible for complying with all existing crab fishing statutes and regulations including the retention of only legal-sized male crab. State personnel will investigate any non-compliance and report findings to the Alaska State Troopers for further investigation and possible issuance of citations to the contractor, vessel, and crew.

{ITB-3/v1/10.16.24} Page 10 of 33

8. LOCATION OF OPERATION: The contract will begin and end in Dutch Harbor. Shoreside processing facilities offered by qualified bidders must be based in Adak, Akutan, Atka, Chignik, Dutch Harbor/Unalaska, False Pass, King Cove, Kodiak, Port Moller, Sand Point, or St. Paul. Bids offering tender or floater-processors at an at-sea or shoreside delivery location in the above stated general areas will also be considered.

9. FILM CREWS OR OTHER NON-AFFILIATED PARTIES ABOARD THE VESSEL: The contractor agrees that the purpose of this contract is test fishing / cost recovery operations. All individuals on board the vessel must be directly related to the operation of the vessel. There shall be no film crews or other nonessential 3rd parties on board the test fish vessel while conducting the fishing operations of this project.

10. TERMINATION OF THE CONTRACT: The State may, without fault or liability, terminate the contract for the following reasons:

11. Failure of the contractor to submit payment by July 1, 2026.

12. Failure of the contractor to comply with any other provisions of the contract as specified in this ITB.

13. ADF&G REPRESENTATIVE: An ADF&G representative may be placed onboard the vessel during some or all test-fishery operations at ADF&G discretion. ADF&G will cover personnel and travel costs of this representative. Sleeping space for one ADF&G representative must be in addition to that of the captain and crew and at least 26 inches in width at the shoulders and 77 inches long. Reasonable accommodations include sufficient work area necessary for sampling duties and paperwork, consistent with accommodating an onboard fishery observer.

14. CONTRACTOR RESPONSIBILITIES:

The winning bidder must:

a) Provide the necessary funds for the vessel, vessel crew, and all equipment costs and supplies associated with the vessel to harvest the quantity of crab necessary to meet ADF&G’s test-fishery program revenue goal of $500,000.

b) Submit a fishing plan, including the name of the harvesting vessel and dates of intended fishing upon becoming the apparent high bidder.

c) Assure that the vessel captain contacts the ADF&G Dutch Harbor Office if, after the last test-fishery trip when the test-fishery offload is complete, the vessel plans to move to a different processor to offload IFQ or CDQ crab as a partial delivery.

{ITB-3/v1/10.16.24} Page 11 of 33

d) Record the agreed-upon price per pound of the winning bid on all test-fishery ADF&G fish tickets. ADF&G is the test-fishery permit holder.

e) Must have the vessel submit to a United States Coast Guard safety inspection and stability check before test-fishing commences and provide a letter to ADF&G certifying that the inspection and stability check are current and completed.

The department reserves the right to receive a copy of the most recent marine survey of the vessel harvesting the test-fishery crab within 10 days of becoming the apparent winning bidder. ADF&G reserves the right to inspect the vessel. ADF&G also reserves the right to reject the vessel on the basis of safety concerns for the ADF&G representative stationed on the vessel, if required, or if the vessel cannot reasonably accommodate the ADF&G representative.

STATE OF ALASKA: The state will not be held responsible for damage to the vessel, gear loss, or any injuries incurred during the completion of the contract.

{ITB-3/v1/10.16.24} Page 12 of 33

SEC. 2.02 CONTRACT TERM

The length of the contract will be from August 1, 2026, through December 31, 2026.

Unless otherwise provided in this ITB, the State and the successful bidder/contractor agree: (1) that any extension of the contract excluding any exercised renewal options, will be considered as a month-to-month extension, and all other terms and conditions shall remain in full force and effect and (2) the procurement officer will provide notice to the contractor of the intent to cancel such month-to-month extension at least 30 days before the desired date of cancellation. A month-to-month extension may only be executed by the procurement officer via a written contract amendment.

SEC. 2.03 CONTRACT TYPE

This contract is a fixed price contract, based off the pricing submitted by the offeror in their bid response.

SEC. 2.04 PAYMENT FOR STATE PURCHASES

No payment will be made until the contract is approved by the Commissioner of the Department of Fish and Game or the Commissioner's designee. Under no conditions will the state be liable for the payment of any interest charges associated with the cost of the contract. The state is not responsible for and will not pay local, state, or federal taxes. All costs associated with the contract must be stated in U.S. currency.

Payment for agreements under $500,000 for the undisputed purchase of goods or services provided to a state agency, will be made within 30 days of the receipt of a proper billing or the delivery of the goods or services to the location(s) specified in the agreement, whichever is later. A late payment is subject to 1.5% interest per month on the unpaid balance. Interest will not be paid if there is a dispute or if there is an agreement that establishes a lower interest rate or precludes the charging of interest.

SEC. 2.05 ELECTRONIC PAYMENTS

The State of Alaska prefers vendors receive payment via Electronic Funds Transfer (EFT). Bidders may review information concerning the EFT process and access the Electronic Payment Agreement Form for Vendors at the following link: https://doa.alaska.gov/dof/vendor.html. Method of payment is not a factor in the State’s determination for award.

Any single contract payments of $1 million or higher must be accepted by the contractor via Electronic Funds Transfer (EFT).

SEC. 2.06 PROMPT PAYMENT FOR STATE PURCHASES

The state is eligible to receive a 5% discount for all invoices paid within 15 business days from the date of receipt of the commodities or services and/or a correct invoice, whichever is later. The discount shall be taken on the full invoice amount. The state shall consider payment being made as either the date a printed warrant is issued or the date an electronic funds transfer (EFT) is initiated.

SEC. 2.07 CONTRACT ADMINISTRATION

The administration of this contract is the responsibility of the procurement officer or person appointed by the Department of Fish and Game, Division of Administrative Services.

https://doa.alaska.gov/dof/vendor.html

{ITB-3/v1/10.16.24} Page 13 of 33

SEC. 2.08 CONTRACT PRICE ADJUSTMENTS

A contract resulting from this ITB will include the following price adjustment clause:

Consumer Price Index (CPI): Contract prices will remain firm through December 31, 2026.

The Contractor or State may request price adjustments, no sooner than 12 months from the Contract execution date, and no more than once per contract year. Contractors must submit a request to the State at least thirty (30) days prior to the end of the current term. All Requests must be in writing and must be received 30 days prior to the Contract renewal date.

a. If the Contractor or State fail to request a CPI price adjustment 30 days prior to the Contract renewal date, the adjustment will be effective 30 days after the State or Contractor receives their written request.

b. Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor, Bureau of Labor and Statistics, Consumer Price Index (CPI-U) for All Urban Consumers, All Items, Urban Alaska.

c. The price adjustment rate will be determined by comparing the percentage difference between the

CPI in effect for the base year reported HALF1 (January through June 2023) (depends on the timing, may be HALF2 for July-December); and each HALF1 (or HALF2) thereafter. The percentage difference between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments will be allowed. All price adjustments must be approved by the Procurement Officer prior to the implementation of the adjusted pricing. Approval shall be in the form of a Contract Amendment issued by the Procurement Officer.

d. Approval for all price increases is dependent upon full compliance with the terms of the Contract including reporting requirements.

All price adjustments must be approved by both the contractor and the procurement officer prior to the implementation of the adjusted pricing. Approval shall be in the form of a contract amendment issued by the procurement officer and signed by the contractor.

SEC. 2.09 CONTRACT PERFORMANCE LOCATION

The location(s) the work is to be performed, completed, and managed in Alaskan waters.

By signature on their bid, the bidder certifies that all services provided under this contract by the contractor and all subcontractors shall be performed in the United States.

{ITB-3/v1/10.16.24} Page 14 of 33

Failure to comply with these requirements may cause the state to reject the bid as non-responsive or cancel the contract.

SEC. 2.10 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

Because of the additional administrative and accounting time required of the state when third party financing agreements are permitted, they will not be allowed under this contract.

SEC. 2.11 SUBCONTRACTORS

Subcontractors may be used to perform work under this contract. If a bidder intends to use subcontractors, the bidder must identify in the bids the names of the subcontractors and the portions of the work the subcontractors will perform.

If a bid with subcontractors is selected, the bidder must provide the following information concerning each prospective subcontractor within five working days from the date of the state's request:

• complete name of the subcontractor;

• complete address of the subcontractor;

• type of work the subcontractor will be performing;

• percentage of work the subcontractor will be providing;

• evidence that the subcontractor holds a valid Alaska business license; and

• a written statement signed by each proposed subcontractor that clearly verifies that the subcontractor is committed to render the services required by the contract.

A bidder's failure to provide this information, within the time set, may cause the state to consider their bid non-responsive and reject it.

Note that if the subcontractor will not be performing work within Alaska, they will not be required to hold an Alaska business license.

SEC. 2.12 JOINT VENTURES

Joint ventures are acceptable. If submitting a bid as a joint venture, the bidder must submit a copy of the joint venture agreement which identifies the principals involved and their rights and responsibilities regarding performance and payment.

SEC. 2.13 RIGHT TO INSPECT PLACE OF BUSINESS

At reasonable times, the state may inspect those areas of the contractor's place of business that are related to the performance of a contract. If the state makes such an inspection, the contractor must provide reasonable assistance.

SEC. 2.14 F.O.B. POINT

The F.O.B. point for all items purchased under this contract is the final destination anywhere within the State of Alaska. Ownership of and title to the ordered items remains with the contractor until the items have been delivered to their final destination and are accepted by the state.

{ITB-3/v1/10.16.24} Page 15 of 33

The cost of shipping and delivery within Alaska is to be included in the bid price. There will be no additional charge for shipping and delivery within Alaska.

SEC. 2.15 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE

DELIVERABLES

The contractor is responsible for providing all products or the completion of all work set out in the contract. All products or work is subject to inspection, evaluation, and approval by the state. The state may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract.

The state may instruct the contractor to make corrections or modifications if needed in order to accomplish the contract’s intent. The contractor will not unreasonably withhold such changes.

Substantial failure of the contractor to perform the contract may cause the state to terminate the contract. In this event, the state may require the contractor to reimburse monies paid (based on the identified portion of unacceptable products or work received) and may seek associated damages.

SEC. 2.16 EQUIPMENT INSPECTION

Equipment offered (including for lease) may be subject to inspection and approval by the state prior to the award of the ITB. The equipment and attachments must be in good repair and capable of performing the work for which they were designed.

SEC. 2.17 NEW EQUIPMENT

Equipment offered in response to this ITB must be new equipment. New equipment means equipment that is currently in production by the manufacturer and is still the latest model, edition or version generally offered. The equipment must be warranted as new by the manufacturer and may not have been used for any purpose, other than display (not demonstration), prior to its sale to the state. The state will not accept remanufactured, used, or reconditioned equipment. It is the contractor's responsibility to ensure that each piece of equipment delivered to the state complies with this requirement. A contractor's failure to comply with this requirement will cause the state to seek remedies under breach of contract.

SEC. 2.18 REMANUFACTURED/RECONDITIONED EQUIPMENT

Remanufactured/reconditioned is acceptable provided it meets the requirements of this clause and the requirements of the rest of this ITB. Remanufactured/reconditioned equipment is defined as used equipment that has been remanufactured/reconditioned and restored to new condition. All remanufactured/reconditioned equipment must have the same warranty as new equipment and be certified as maintainable by its manufacturer.

Bidders should attach a copy of this certification to their bid. A bidder's failure to provide the document(s) mentioned above, within the time required by the state, will cause the state to consider the bid non-responsive and reject the bid.

SEC. 2.19 LEMON CLAUSE

This clause applies to all equipment purchased through this contract. The application period is 1-YEAR from the date of purchase. This clause takes precedence over any other warranty or service maintenance clauses associated with this contract.

{ITB-3/v1/10.16.24} Page 16 of 33

Any equipment that fails (except due to operator error) to operate according to the manufacturer's published performance specifications and/or is subject to recurring related problems must be replaced with the same make and model of new equipment at no cost to the state.

SEC. 2.20 DISCONTINUED ITEMS

In the event an item is discontinued by the manufacturer during the life of the contract, another item may be substituted, provided that the procurement officer makes a written determination that it is equal to or better than the discontinued item and provided that it is sold at the same price or less than the discontinued item.

SEC. 2.21 LIQUIDATED DAMAGES

The state will include liquidated damages in this contract to assure its timely completion. The amount of actual damages will be difficult to determine. For the purposes of this contract the state has set the rate of liquidated damages at $0 per day.

SEC. 2.22 SHIPPING DAMAGE

The state will not accept or pay for damaged goods. The contractor must file all claims against the carrier(s) for damages incurred to items in transit from the point of origin to the ultimate destination. The state will provide the contractor with written notice when damaged goods are received. The state will deduct the cost of the damaged goods from the invoice prior to payment. The contractor must file all claims against the carrier(s) for reimbursement of the loss.

SEC. 2.23 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

During the course of this contract, the contractor may be required to perform additional work. That work will be within the general scope of the initial contract. When additional work is required, the state will provide the contractor a written description of the additional work and request the contractor to submit a firm time schedule for accomplishing the additional work and a firm price for the additional work. Cost and pricing data must be provided to justify the cost of such amendments per AS 36.30.400.

The contractor will not commence additional work until the procurement officer has secured required state approvals necessary and issued a written contract amendment.

SEC. 2.24 CONTINUING OBLIGATION OF CONTRACTOR

Notwithstanding the expiration date of a contract resulting from this ITB, the contractor is obligated to fulfill its responsibilities until warranty, guarantee, maintenance, and parts availability requirements have completely expired.

SEC. 2.25 BILLING INSTRUCTIONS

No invoices will be submitted. Awardee will issue check for full amount to ADF&G after award, prior to processing.

{ITB-3/v1/10.16.24} Page 17 of 33

SEC. 2.26 ESTIMATED QUANTITIES

The quantities referenced in this ITB are estimated requirements and may vary more or less from the quantities actually purchased. The State does not guarantee any minimum or maximum purchase. Orders will be issued throughout the contract period on an as-needed basis.

SEC. 2.27 WARRANTY

The contractor warrants every unit purchased against faulty materials and workmanship for a minimum period of at least LENGTH. If, during this period, faults develop with the unit or components of the unit, they will be repaired or replaced without any cost, including any transportation or freight cost, to the state. Bids, which include supplemental warranties, will be accepted, but supplemental warranties that conflict with or diminish the state's rights under this warranty clause will be considered null and void. The state is not responsible for identifying conflicting warranty conditions before issuing a contract award. After award of the contract:

1. if a conflict arises between the supplemental warranty and the warranty in this ITB, the warranty in the ITB will prevail; and

2. if the state's rights are diminished as a result of application of the supplemental warranty, the supplemental warranty will be considered null and void and the ITB warranty will prevail.

By signature on the face page of this ITB the bidder acknowledges this requirement and indicates unconditional acceptance of this warranty clause.

SEC. 2.28 NONDISCLOSURE AND CONFIDENTIALITY

Contractor agrees that all confidential information shall be used only for purposes of providing the deliverables and performing the services specified herein and shall not disseminate or allow dissemination of confidential information except as provided for in this section. The contractor shall hold as confidential and will use reasonable care (including both facility physical security and electronic security) to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, the confidential information. “Reasonable care” means compliance by the contractor with all applicable federal and state law, including the Social Security Act and HIPAA. The contractor must promptly notify the state in writing if it becomes aware of any storage, disclosure, loss, unauthorized access to or use of the confidential information.

Confidential information, as used herein, means any data, files, software, information or materials (whether prepared by the state or its agents or advisors) in oral, electronic, tangible or intangible form and however stored, compiled or memorialized that is classified confidential as defined by State of Alaska classification and categorization guidelines provided by the state to the contractor or a contractor agent or otherwise made available to the contractor or a contractor agent in connection with this contract, or acquired, obtained or learned by the contractor or a contractor agent in the performance of this contract. Examples of confidential information include, but are not limited to technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data (infrastructure, architecture, operating systems, security tools, IP addresses, etc.).

{ITB-3/v1/10.16.24} Page 18 of 33

If confidential information is requested to be disclosed by the contractor pursuant to a request received by a third party and such disclosure of the confidential information is required under applicable state or federal law, regulation, governmental or regulatory authority, the contractor may disclose the confidential information after providing the state with written notice of the requested disclosure ( to the extent such notice to the state is permitted by applicable law) and giving the state opportunity to review the request. If the contractor receives no objection from the state, it may release the confidential information within 30 days. Notice of the requested disclosure of confidential information by the contractor must be provided to the state within a reasonable time after the contractor’s receipt of notice of the requested disclosure and, upon request of the state, shall seek to obtain legal protection from the release of the confidential information.

The following information shall not be considered confidential information: information previously known to be public information when received from the other party; information freely available to the general public;

information which now is or hereafter becomes publicly known by other than a breach of confidentiality hereof;

or information which is disclosed by a party pursuant to subpoena or other legal process and which as a result becomes lawfully obtainable by the general public.

SEC. 2.29 INDEMNIFICATION

The contractor shall indemnify, hold harmless, and defend the contracting agency from and against any claim of, or liability for error, omission or negligent act of the contractor under this agreement. The contractor shall not be required to indemnify the contracting agency for a claim of, or liability for, the independent negligence of the contracting agency. If there is a claim of, or liability for, the joint negligent error or omission of the contractor and the independent negligence of the contracting agency, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis.

“Contractor” and “contracting agency”, as used within this and the following article, include the employees, agents and other contractors who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in the contracting agency’s selection, administration, monitoring, or controlling of the contractor and in approving or accepting the contractor’s work.

SEC. 2.30 INSURANCE

The Contractor shall provide evidence of insurance with a carrier or carriers satisfactory to the Department covering injury to persons and/or property suffered by the State of Alaska or a third party, as a result of operations under this contract by the Contractor or by any subcontractor. This coverage will also provide protection against injuries to all employees of the Contractor and the employees of any subcontractor engaged in work under this contract. The delivery to the Department of a written 30-day notice is required before cancellation of any coverage or reduction in any limits of liability. Insurance carriers providing coverage shall have an acceptable financial rating.

The Contractor shall maintain in force at all times, during the performance of work under this contract, the following policies of insurance. Failure to maintain the specified insurance may, at the option of the contracting Officer, be deemed as unacceptable work and remedied under the Control of Work section. Where specific limits and coverages are shown, it is understood that they shall be the minimum acceptable. The requirements of this subsection shall not limit the Contractor’s indemnity responsibility.

{ITB-3/v1/10.16.24} Page 19 of 33

1. Workers’ Compensation Insurance: Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this contract, Workers’ Compensation Insurance as required by AS 23.30.045. The Contractor shall be responsible for Workers’ Compensation Insurance for any subcontractor who provides services under this contract, to include Employer’s Liability Protection in the amount of $300,000 each accident/$300,000 each disease.

Coverage required in section 1 shall be endorsed to include a waiver of subrogation against the State.

2. Jones Act or Maritime Insurance: The Contractor shall be responsible for providing $300,000 of Maritime Insurance (maritime employer’s liability and Jones Act) coverage for all crew (topside and over-the-side). The Contractor shall be responsible for Jones Act or Maritime Insurance for any subcontractor who provides services under this contract.

The State of Alaska shall be named as additional insured. This insurance shall be considered to be primary and non-contributory to any other insurance carried by the State through self insurance or otherwise.

3. Commercial General Liability Insurance: covering all business premises and operations by the contractor in the performance of services under this agreement with minimum coverage limits of $1,000,000.00 combined single limit occurrence.

The State of Alaska shall be named as additional insured. This insurance shall be considered to be primary and non-contributory to any other insurance carried by the State through self insurance or otherwise.

4. Automobile Liability Insurance: Covering all vehicles used by the Contractor in the performance of services under this agreement with combined single limits not less than $300,000 each occurrence.

In addition to providing the above coverages the Contractor shall, in any contract or agreement with subcontractors performing work, require that all indemnities and waivers of subrogation it obtains, and that any stipulation to be named as an additional insured it obtains, also be extended to waive rights of subrogation against the State of Alaska and to add the State of Alaska as additional named indemnitee and as additional insured.

Evidence of insurance shall be furnished to the Department prior to the award of the contract. Such evidence, executed by the carrier’s representative and issued to the Department, shall consist of a certificate of insurance or the policy declaration page with required endorsements attached thereto which denote the type, amount, class of operations covered, effective (and retroactive) dates, and dates of expiration. Acceptance by the Department of deficient evidence does not constitute a waiver of contract requirements.

When a certificate of insurance is furnished, it shall contain the following statement:

“This is to certify that the policies described herein comply with all aspects of the insurance requirements of (Project Name and Number).”

{ITB-3/v1/10.16.24} Page 20 of 33

SECTION 3. BID FORMAT AND CONTENT

SEC. 3.01 BID FORMS

Bidders shall use the front page of this ITB, the Bid Submission Cover Sheet, and any other forms identified in this ITB for submitting bids. All bids must be signed by an individual authorized to bind the bidder to the provisions of the ITB.

BIDDER'S CERTIFICATION

By signature on the bid, the bidder certifies that they comply with the following:

A. the laws of the State of Alaska;

B. the applicable portion of the Federal Civil Rights Act of 1964;

C. the Equal Employment Opportunity Act and the regulations issued thereunder by the state and federal government;

D. the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the state and federal government and certifies that programs, services, and activities provided to the general public on behalf of the State under a contract resulting from this solicitation comply with the Americans with Disabilities Act of 1990, 28 CFR, Part 35, Subpart B 35.130;

E. all terms and conditions set out in this ITB;

F. the price(s) submitted was arrived at independently arrived and without collusion, under penalty of perjury; and

G. that the bid will remain open and valid for at least 90 days.

If any bidder fails to comply with [a] through [g] of this paragraph, the state reserves the right to disregard the bid, terminate the contract, or consider the contractor in default.

CONFLICT OF INTEREST

Each bid shall include a statement indicating whether the company or any individuals working on…