IRFP# 02-115-26 Legal Counsel Services Related to Ethics Complaint.pdf

Page 1 of 29 Rev. 8.13.2024

STATE OF ALASKA

INFORMAL REQUEST FOR

PROPOSALS (IRFP)

OFFERORS ARE NOT REQUIRED TO RETURN THIS FORM.

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 IN THIS DOCUMENT TO RECEIVE

NOTIFICATION OF SUBSEQUENT AMENDMENTS. FAILURE TO CONTACT THE PROCUREMENT OFFICER MAY RESULT

IN THE REJECTION OF YOUR OFFER.

ISSUED BY:

DEPARTMENT OF ADMINISTRATION

OFFICE OF PROCUREMENT AND PROPERTY

MANAGEMENT

PRIMARY CONTACT:

TAYLOR LADNER

PROCUREMENT OFFICER

DOA.OPPM.PROCUREMENT@ALASKA.GOV

LEGAL COUNSEL SERVICES RELATED TO ETHICS COMPLAINTS

IRFP 02-115-26

ISSUED AUGUST 3, 2026

THE STATE OF ALASKA, DIVISION OF PERSONNEL, ON BEHALF OF THE ALASKA STATE PERSONNEL BOARD, IS

SEEKING PROPOSALS FROM ATTORNEYS INTERESTED IN ACTING IN THE PLACE OF THE ATTORNEY GENERAL

INVESTIGATING ETHICS COMPLAINTS FILED AGAINST THE GOVERNOR, LIEUTENANT GOVERNOR, AND/OR THE

ATTORNEY GENERAL UNDER THE EXECUTIVE BRANCH ETHICS ACT, AS 39.52.

Page 2 of 29 Rev. 8.13.2024

TABLE OF CONTENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE IRFP

SEC. 1.02 BUDGET

SEC. 1.03 DEADLINE FOR RECEIPT OF PROPOSALS

SEC. 1.04 PRIOR EXPERIENCE

SEC. 1.05 REQUIRED REVIEW

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF PROPOSALS

SEC. 1.07 RETURN INSTRUCTIONS

SEC. 1.08 PROPOSAL CONTENTS

SEC. 1.09 ASSISTANCE TO OFFERORS WITH A DISABILITY

SEC. 1.10 AMENDMENTS TO PROPOSALS

SEC. 1.11 AMENDMENTS TO THE IRFP

SEC. 1.12 IRFP SCHEDULE

SEC. 1.13 ALTERNATE PROPOSALS

SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK

SEC. 3.02 CONTRACT TERM AND WORK SCHEDULE

SEC. 3.03 DELIVERABLES

SEC. 3.04 CONTRACT TYPE

SEC. 3.05 PROPOSED PAYMENT PROCEDURES

SEC. 3.06 CONTRACT PAYMENT

SEC. 3.07 LOCATION OF WORK

SEC. 3.08 SUBCONTRACTORS

SEC. 3.09 JOINT VENTURES

SEC. 3.10 CONTRACT PERSONNEL

SEC. 3.11 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

SEC. 3.12 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 3.13 INDEMNIFICATION

SEC. 3.14 INSURANCE REQUIREMENTS

SEC. 3.15 TERMINATION FOR DEFAULT

SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 PROPOSAL FORMAT AND CONTENT

SEC. 4.02 OFFEROR INFORMATION AND CERTIFICATIONS (SUBMITTAL FORM A)

SEC. 4.03 EXPERIENCE AND QUALIFICATIONS (SUBMITTAL FORM B)

SEC. 4.04 UNDERSTANDING OF THE PROJECT (SUBMITTAL FORM C)

SEC. 4.05 METHODOLOGY USED FOR THE PROJECT (SUBMITTAL FORM D)

SEC. 4.06 MANAGEMENT PLAN FOR THE PROJECT (SUBMITTAL FORM E)

SEC. 4.07 COST PROPOSAL

SEC. 4.08 EVALUATION CRITERIA

SECTION 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

SEC. 5.01 EXPERIENCE AND QUALIFICATIONS (150 POINTS)

SEC. 5.02 UNDERSTANDING OF THE PROJECT (150 POINTS)

SEC. 5.03 METHODOLOGY USED FOR THE PROJECT (100 POINTS)

SEC. 5.04 MANAGEMENT PLAN FOR THE PROJECT (100 POINTS)

SEC. 5.05 CONTRACT COST (400 POINTS)

SEC. 5.06 ALASKA OFFEROR PREFERENCE (100 POINTS)

SECTION 6. GENERAL PROCESS INFORMATION

SEC. 6.01 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

SEC. 6.02 CLARIFICATION OF OFFERS

SEC. 6.03 DISCUSSIONS WITH OFFERORS

SEC. 6.04 EVALUATION OF PROPOSALS

SEC. 6.05 CONTRACT NEGOTIATION

SEC. 6.06 FAILURE TO NEGOTIATE

SEC. 6.07 OFFEROR NOTIFICATION OF SELECTION

Page 3 of 29 Rev. 8.13.2024

SEC. 6.08 PROTEST

SEC. 6.09 APPLICATION OF PREFERENCES

SEC. 6.10 ALASKA BIDDER PREFERENCE

SEC. 6.11 ALASKA VETERAN PREFERENCE

SEC. 6.12 ALASKA MILITARY SKILLS PROGRAM PREFERENCE

SEC. 6.13 ALASKA OFFEROR PREFERENCE

SEC. 6.14 FORMULA USED TO CONVERT COST TO POINTS

SEC. 6.15 EXAMPLES: CONVERTING COST TO POINTS & APPLYING PREFERENCES

SECTION 7. GENERAL LEGAL INFORMATION

SEC. 7.01 STANDARD CONTRACT PROVISIONS

SEC. 7.02 QUALIFIED OFFERORS

SEC. 7.03 PROPOSAL AS PART OF THE CONTRACT

SEC. 7.04 ADDITONAL TERMS AND CONDITIONS

SEC. 7.05 HUMAN TRAFFICKING

SEC. 7.06 RIGHT OF REJECTION

SEC. 7.07 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 7.08 DISCLOSURE OF PROPOSAL CONTENTS

SEC. 7.09 ASSIGNMENTS

SEC. 7.10 DISPUTES

SEC. 7.11 SEVERABILITY

SEC. 7.12 SUPPLEMENTAL TERMS AND CONDITIONS

SEC. 7.13 FEDERALLY IMPOSED TARRIFFS

SECTION 8. ATTACHMENTS

SEC. 8.01 ATTACHMENTS

Page 4 of 29 Rev. 8.13.2024

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE IRFP

The Department of Administration, Division of Personnel, on behalf of the Alaska State Personnel Board, is soliciting proposals for attorneys interested in acting in the place of the Attorney General investigating ethics complaints filed against the Governor, Lieutenant Governor, and/or the Attorney General under the Executive Branch Ethics Act, AS 39.52.

SEC. 1.02 BUDGET

Department of Administration, Division of Personnel, estimates a budget of between $63,000.00 and $70,000.00 for completion of this project, including the initial one-year team and all four optional one-year renewal periods.

Proposals priced at more than $70,000.00 may be considered non-responsive.

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

SEC. 1.03 DEADLINE FOR RECEIPT OF PROPOSALS

Proposals must be received no later than 02:00:00 PM prevailing Alaska Time on August 24, 2026. Late proposals or amendments will not be considered.

SEC. 1.04 PRIOR EXPERIENCE

In order for offers to be considered responsive, offerors must meet these minimum prior experience requirements:

• An offeror must have at least five years of experience in employment law.

• An offeror must clearly demonstrate within their proposal their knowledge of the following:

o the laws of the State of Alaska, specifically the Executive Branch Ethics Act (AS 39.52.010 to AS 39.52.965) and Alaska Administrative Code (AAC) Title 9, Chapter 52, Executive Branch Ethics;

o the applicable portions of the Federal Civil Rights Act of 1964;

o the Equal Employment Opportunity Act and the regulations issued under it by the Federal

Government; and o the Americans with Disabilities Act of 1990 and the regulations issued under it by the Federal

Government.

An offeror's failure to meet these minimum prior experience requirements will cause their proposal to be considered non-responsive and rejected.

SEC. 1.05 REQUIRED REVIEW

Offerors should carefully review this solicitation for defects and questionable or objectionable material.

Comments concerning defects and questionable or objectionable material should be made in writing and received by the procurement officer at least ten days before the deadline for receipt of proposals. This will allow time for the issuance of any necessary amendments. It will also help prevent the opening of a defective proposal and exposure of offeror's proposals upon which award could not be made.

Page 5 of 29 Rev. 8.13.2024

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF PROPOSALS

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 IRFP. These questions may be answered over the telephone. Other questions may be more complex and may require a written amendment to the IRFP. The procurement officer will make that decision.

PROCUREMENT OFFICER: Taylor Ladner – Email: doa.oppm.procurement@alaska.gov

SEC. 1.07 RETURN INSTRUCTIONS

Offerors must submit their proposal via email, the technical proposal and cost proposal must be saved as separate PDF documents and emailed to doa.oppm.procurement@alaska.gov as separate, clearly labeled attachments, such as “Vendor A – Technical Proposal.pdf” and “Vendor A – Cost Proposal.pdf” (Vendor A is the name of the offeror). The email must contain the IRFP number in the subject line. The State will not accept proposals, documents, or correspondence submitted through third-party portals, encrypted email services, or any platform requiring special access credentials or additional authentication. All submissions must be made in accordance with the instructions provided in this IRFP. An offeror’s failure to comply with these requirements will cause their proposal to be considered non-responsive and rejected.

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 proposal exceeds this size, the proposal 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. Similar to sending a hard copy proposal, if you are emailing your proposal, the state recommends sending it enough ahead of time to ensure the email is delivered by the deadline for receipt of proposals.

It is the offeror’s responsibility to contact the issuing agency at doa.oppm.procurement@alaska.gov to confirm that the proposal has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

SEC. 1.08 PROPOSAL CONTENTS

The following information must be included in all proposals.

(a) AUTHORIZED SIGNATURE All proposals must be signed by an individual authorized to bind the offeror to the provisions of the IRFP. Proposals must remain open and valid for at least 90-days from the date set as the deadline for receipt of proposals.

(b) OFFEROR'S CERTIFICATION By signature on the proposal, offerors certify 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 federal government;

D. the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the federal government;

mailto:doa.oppm.procurement@alaska.gov

Page 6 of 29 Rev. 8.13.2024

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

F. a condition that the proposal submitted was independently arrived at, without collusion, under penalty of perjury; and

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

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

(c) VENDOR TAX ID A valid Vendor Tax ID must be submitted to the issuing office with the proposal or within five days of the state's request.

(d) CONFLICT OF INTEREST Each proposal shall include a statement indicating whether or not the firm or any individuals working on the contract has a possible conflict of interest (e.g., Ethics Act conflicts, such as being currently employed by the State of Alaska or formerly employed by the State of Alaska within the past two years, or potential conflicts under the Alaska Rules of Professional Responsibility based on past or current representation of public officers or agencies) and, if so, the nature of that conflict. The procurement officer reserves the right to consider a proposal non-responsive and reject it or cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the contract to be performed by the offeror.

Before any award is made, the State will need to confirm that the susceptible awardee has gone through a conflict check with the Department of Law for any potential conflicts of interest under the Ethics Act or the Alaska Rules of Professional Responsibility.

SEC. 1.09 ASSISTANCE TO OFFERORS WITH A DISABILITY

Offerors with a disability may receive accommodation regarding the means of communicating this IRFP or participating in the procurement process. For more information, contact the procurement officer no later than ten days prior to the deadline for receipt of proposals.

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 proposal should contact the Procurement Officer via email at doa.oppm.procurement@alaska.gov at least 10 days prior to the deadline to receive proposals, to make any necessary arrangements.

SEC. 1.10 AMENDMENTS TO PROPOSALS

Amendments to or withdrawals of proposals will only be allowed if acceptable requests are received prior to the deadline that is set for receipt of proposals. No amendments or withdrawals will be accepted after the deadline unless they are in response to the state's request in accordance with 2 AAC 12.290.

SEC. 1.11 AMENDMENTS TO THE IRFP

If an amendment is issued, it will be provided to all who were notified of the IRFP and to those who have registered with the procurement officer after receiving the IRFP from the State of Alaska Online Public Notice website.

Page 7 of 29 Rev. 8.13.2024

SEC. 1.12 IRFP SCHEDULE

The IRFP schedule set out herein 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 proposals, is delayed, the rest of the schedule may be shifted accordingly. All times are Alaska Time.

• Issue IRFP: August 3, 2026,

• Questions submittal deadline: August 7, 2026,

• Deadline for Receipt of Proposals: August 24, 2026, prior to 02:00:00 PM Alaska Time,

• Proposal Evaluation Committee complete evaluation approximately: Week of August 31, 2026,

• Negotiations approximately: Week of September 7, 2026,

• State of Alaska issues Notice of Award approximately: Week of September 14, 2026,

• Contract start date: December 1, 2026.

This IRFP 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 Administration, 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 ALTERNATE PROPOSALS

Offerors may only submit one proposal for evaluation.

In accordance with 2 AAC 12.830 alternate proposals (proposals that offer something different than what is asked for) will be rejected.

Page 8 of 29 Rev. 8.13.2024

SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

Alaska Statute 39.52.310(c) provides that “[i]f a complaint alleges a violation of AS 39.52.110 – 39.52.190 by the governor, lieutenant governor, or attorney general, the matter shall be referred to the personnel board.”

The Department of Administration, Division of Personnel, on behalf of the Alaska State Personnel Board, is responsible for retaining independent counsel in accordance with state law to ensure complaints naming the current Governor, Lieutenant Governor, or Attorney General are handled independently and without interference from the administration. The Personnel Board transfers the complaints against the aforementioned individuals to independent counsel to review, evaluate, and make recommendations for further action. In recent years, the Division of Personnel has experienced a reduction in the number of complaints that are within this scope; with limited time and attention needed from outside counsel.

Alaska Statute 39.52.310(c) directs that the Alaska State Personnel Board shall retain independent counsel who shall act in the place of the Attorney General under (d) – (i) of section 310, AS 39.52.320 – 39.52.350 (c) and (d).

Hiring independent counsel may require solicitation and individual procurement. In the past several years, the board has maintained a panel of attorneys available to serve as independent counsel. Upon receipt of a referred ethics complaint, the chair contacts a listed attorney to assign the matter following standard attorney conflict review.

Independent counsel acts in place of and with the authority of the Attorney General.

Note: Although hired by the Personnel Board, the independent counsel does not serve as a legal advisor to the Board, in the traditional sense. The independent counsel, not the State Personnel Board, is the decision maker regarding acceptance, dismissal, or other resolution of a complaint, unless formal proceedings are initiated.

Page 9 of 29 Rev. 8.13.2024

SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK

The Department of Administration (DOA), Division of Personnel (DOP), on behalf of the Alaska State Personnel Board (Board), is soliciting proposals from attorneys interested in acting in the place of the Attorney General to investigate ethics complaints filed against the Governor, Lieutenant Governor, and/or the Attorney General under the Executive Branch Ethics Act (AS 39.52).

The contractor shall be responsible for conducting impartial investigations and making determinations regarding acceptance, dismissal, or other resolution of ethics complaints. All work must be performed in accordance with the Executive Branch Ethics Act, applicable state and federal laws, and all terms and conditions of this IRFP.

Offerors must meet the Minimum Experience Requirements detailed in Sec 1.04 and certify yes to all items listed in Submittal Form A.

SEC. 3.02 CONTRACT TERM AND WORK SCHEDULE

The length of the contract will be from the date of award, approximately December 1, 2026, through November 30, 2027, with four one-year renewal options at the state’s discretion.

Unless otherwise provided in this IRFP, the State and the successful offeror/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 written 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. 3.03 DELIVERABLES

The contractor shall be required to provide the following deliverables:

• After the Personnel Board Secretary submits the complaint to the contractor, the contractor must begin working on the filing within five business days of receiving the complaint.

• Contractor must evaluate the legal sufficiency of the complaint under AS 39.52.310(d).

• Contractor must provide the Chairperson of the Board with an initial review regarding the legal sufficiency of the matter.

• If the complaint is not properly filed or if the allegation(s) would not constitute a violation of the Ethics

Act, the contractor shall dismiss the complaint under AS 39.52.310(d).

• If the complaint is accepted for investigation, and if the complaint has been properly filed and the allegations would constitute a violation of the Ethics Act, the contractor must serve a copy of the complaint on the named individual(s).

• The contractor must conduct an investigation of the factual allegations of the complaint.

• The contractor shall report to the Board on the findings concerning the merits of the complaint with respect to each named subject, no later than 45 days following acceptance of the assigned complaint, unless an extension is approved by the Chairperson.

• The contractor shall conduct negotiations to resolve violations, if any, and enter into a settlement of the matter. All settlements are to be a matter of public record.

Page 10 of 29 Rev. 8.13.2024

• If the complaint is not resolved, the contractor must issue a public accusation and conduct formal proceedings as prescribed in the Ethics Act.

• The contractor shall provide briefings to the Board, as necessary or requested by the Board. Although briefings are to be provided in executive session, the contractor shall provide advance notice so that notice of a public meeting may be advertised for five business days prior to the meeting.

SEC. 3.04 CONTRACT TYPE

This contract is a Firm Fixed Price contract.

SEC. 3.05 PROPOSED PAYMENT PROCEDURES

The state will make payments based on a negotiated payment schedule. Each billing must consist of an invoice and progress report. No payment will be made until the progress report and invoice has been approved by the project director.

SEC. 3.06 CONTRACT PAYMENT

No payment will be made until the contract is approved by the Commissioner of the Department of Administration 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.

SEC. 3.07 LOCATION OF WORK

The state will not provide workspace for the contractor. The contractor must provide its own workspace.

By signature on their proposal, 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 will be performed in the United States, the offeror must contact the procurement officer in writing to request a waiver at least 10 days prior to the deadline for receipt of proposals.

The request must include a detailed description of the portion of work that will be performed outside the United States, where, by whom, and the reason the waiver is necessary.

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

SEC. 3.08 SUBCONTRACTORS

Subcontractors will not be allowed.

SEC. 3.09 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 3.10 CONTRACT PERSONNEL

Any change of the project team members named in the proposal must be approved, in advance and in writing, by the project director or procurement officer. Changes that are not approved by the state may be grounds for the state to terminate the contract.

Page 11 of 29 Rev. 8.13.2024

SEC. 3.11 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 project director 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 any required state approvals necessary for the amendment and issued a written contract amendment, approved by the Commissioner of the Department of Administration or the Commissioner's designee.

SEC. 3.12 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).

Additional information that the contractor shall hold as confidential during the performance of services under this contract include:

• Ethics investigations are confidential under AS 39.52.340 of the Ethics Act, unless the individual(s) named in the complaint waives confidentiality

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.

Page 12 of 29 Rev. 8.13.2024

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. 3.13 INDEMNIFICATION

The contractor shall indemnify, hold harmless, and defend the state 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 state. If there is a claim of, or liability for, the joint negligent error or omission of the contractor and the independent negligence of the state, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis.

“Contractor” and “state”, 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. 3.14 INSURANCE REQUIREMENTS

Without limiting contractor's indemnification, it is agreed that contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the contractor's policy contains higher limits, the state shall be entitled to coverage to the extent of such higher limits.

Certificates of Insurance must be furnished to the procurement officer prior to beginning work and must provide for a notice of cancellation, non-renewal, or material change of conditions in accordance with policy provisions.

Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for termination of the contractor's services. All insurance policies shall comply with and be issued by insurers licensed to transact the business of insurance under AS 21.

Workers' Compensation Insurance: The contractor shall provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045, and; where applicable, any other statutory obligations including but not limited to Federal U.S.L. & H. and Jones Act requirements. The policy must waive subrogation against the State.

Commercial General Liability Insurance: covering all business premises and operations used by the Contractor in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per claim.

Commercial Automobile Liability Insurance: covering all vehicles used by the contractor in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per claim.

Professional Liability Insurance: covering all errors, omissions or negligent acts in the performance of professional services under this agreement with minimum coverage limits of $300,000 per claim /annual aggregate.

Page 13 of 29 Rev. 8.13.2024

SEC. 3.15 TERMINATION FOR DEFAULT

If the project director or procurement officer determines that the contractor has refused to perform the work or has failed to perform the work with such diligence as to ensure its timely and accurate completion, the state may, by providing written notice to the contractor, terminate the contractor's right to proceed with part or all of the remaining work.

This clause does not restrict the state's termination rights under the contract provisions of Appendix A, attached in SECTION 8. ATTACHMENTS.

Page 14 of 29 Rev. 8.13.2024

SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 PROPOSAL FORMAT AND CONTENT

The state discourages overly lengthy and costly proposals, however, in order for the state to evaluate proposals fairly and completely, offerors must follow the format set out in this IRFP and provide all information requested.

SEC. 4.02 OFFEROR INFORMATION AND CERTIFICATIONS (SUBMITTAL FORM A)

The offeror must complete and submit this Submittal Form. The form must be signed by an individual authorized to bind the offeror to the provisions of the IRFP.

By signature on the form, the offeror certifies 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 federal government;

d) the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the 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 IRFP;

f) a condition that the proposal submitted was independently arrived at, without collusion, under penalty of perjury; and

g) that the offers will remain open and valid for at least 90 days.

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

The Submittal Form also requests the following information:

a) The complete name and address of offeror’s firm along with the offeror’s Tax ID.

b) Information on the person the State should contact regarding the proposal.

c) Names of critical team members/personnel.

d) Addenda acknowledgement.

e) Conflict of interest statement.

f) Federal requirements.

g) Alaska preference qualifications.

An offeror's failure to address/respond/include these items may cause the proposal to be determined to be non-responsive and the proposal may be rejected.

Page 15 of 29 Rev. 8.13.2024

SEC. 4.03 EXPERIENCE AND QUALIFICATIONS (SUBMITTAL FORM B)

Offerors must provide an organizational chart specific to the personnel assigned to accomplish the work called for in this IRFP; illustrate the lines of authority; designate the individual responsible and accountable for the completion of each component and deliverable of the IRFP.

Offerors must provide a narrative description of the organization of the project team and a personnel roster that identifies each person who will actually work on the contract and provide the following information about each person listed:

• title,

• resume,

• location(s) where work will be performed, Offerors must also include two Client Reference Forms, attached to this IRFP, which provide reference names and phone numbers for similar projects the offeror’s firm has provided, or is currently providing, with services similar in scope to those described in this IRFP.

SEC. 4.04 UNDERSTANDING OF THE PROJECT (SUBMITTAL FORM C)

Offerors must provide comprehensive narrative statements that illustrate their understanding of the requirements of the project and the project schedule.

SEC. 4.05 METHODOLOGY USED FOR THE PROJECT (SUBMITTAL FORM D)

Offerors must provide comprehensive narrative statements that set out the methodology they intend to employ and illustrate how the methodology will serve to accomplish the work and meet the state’s project schedule.

SEC. 4.06 MANAGEMENT PLAN FOR THE PROJECT (SUBMITTAL FORM E)

Offerors must provide comprehensive narrative statements that set out the management plan they intend to follow and illustrate how the plan will serve to accomplish the work and meet the state's project schedule.

SEC. 4.07 COST PROPOSAL

Cost proposals must include a single hourly rate for all direct and indirect costs associated with the performance of the contract, including, but not limited to, direct expenses, payroll, supplies, overhead assigned to each person working on the project, percentage of each person's time devoted to the project, and profit. The costs identified on the cost proposal are the total amount of costs to be paid by the state. No additional charges shall be allowed.

SEC. 4.08 EVALUATION CRITERIA

All proposals will be reviewed to determine if they are responsive and responsible. Proposals determined to be responsive and responsible will be evaluated using the criterion that is set out in SECTION 5. EVALUATION

CRITERIA AND CONTRACTOR SELECTION.

An evaluation may not be based on discrimination due to the race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation of the offeror.

Page 16 of 29 Rev. 8.13.2024

SECTION 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

THE TOTAL NUMBER OF POINTS USED TO SCORE THIS PROPOSAL IS 1000

SEC. 5.01 EXPERIENCE AND QUALIFICATIONS (150 POINTS)

Proposals will be evaluated against the questions set out below:

1) Questions regarding the personnel:

a) Do the individuals assigned to the project have experience on similar projects?

b) Are resumes complete and do they demonstrate backgrounds that would be desirable for individuals engaged in the work the project requires?

c) How extensive is the applicable education and experience of the personnel designated to work on the project?

2) Questions regarding the firm:

a) How well has the firm demonstrated experience in completing similar projects on time and within budget?

b) How successful is the general history of the firm regarding timely and successful completion of projects?

c) Has the firm provided letters of reference from current or previous clients?

d) Has the firm clearly demonstrated they meet the prior experience requirements detailed in Sec 1.04?

SEC. 5.02 UNDERSTANDING OF THE PROJECT (150 POINTS)

Proposals will be evaluated against the questions set out below:

1) How well has the offeror demonstrated a thorough understanding of the purpose and scope of the project?

2) To what degree has the offeror demonstrated an understanding of the deliverables the state expects it to provide?

3) Has the offeror demonstrated an understanding of the state's time schedule and can meet it?

SEC. 5.03 METHODOLOGY USED FOR THE PROJECT (100 POINTS)

Proposals will be evaluated against the questions set out below:

1) How comprehensive is the methodology and does it depict a logical approach to fulfilling the requirements of the IRFP?

2) How well does the methodology match and achieve the objectives set out in the IRFP?

3) Does the methodology interface with the time schedule in the IRFP?

SEC. 5.04 MANAGEMENT PLAN FOR THE PROJECT (100 POINTS)

Proposals will be evaluated against the questions set out below:

Page 17 of 29 Rev. 8.13.2024

1) How well does the management plan support all of the project requirements and logically lead to the deliverables required in the IRFP?

2) How well is accountability completely and clearly defined?

3) Is the organization of the project team clear?

4) How well does the management plan illustrate the lines of authority and communication?

5) To what extent does the offeror already have the hardware, software, equipment, and licenses necessary to perform the contract?

6) Does it appear that the offeror can meet the schedule set out in the IRFP?

7) Has the offeror gone beyond the minimum tasks necessary to meet the objectives of the IRFP?

8) To what degree is the proposal practical and feasible?

9) To what extent has the offeror identified potential problems and how will the offeror prevent, detect, and resolve these issues?

SEC. 5.05 CONTRACT COST (400 POINTS)

Overall, a minimum of 40% of the total evaluation points will be assigned to cost. The cost amount used for evaluation may be affected by one or more of the preferences referenced under Section 6.11.

Converting Cost to Points

The lowest cost proposal will receive the maximum number of points allocated to cost. The point allocations for cost on the other proposals will be determined through the method set out in Section 6.15.

SEC. 5.06 ALASKA OFFEROR PREFERENCE (100 POINTS)

If an offeror qualifies for the Alaska Bidder Preference, the offeror will receive an Alaska Offeror Preference. The preference will be 10% of the total available points. This amount will be added to the overall evaluation score of each Alaskan offeror.

Page 18 of 29 Rev. 8.13.2024

SECTION 6. GENERAL PROCESS INFORMATION

SEC. 6.01 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

Prior to the award of a contract, an offeror must hold a valid Alaska business license. However, in order to receive the Alaska Bidder Preference and other related preferences, such as the Alaska Veteran Preference and Alaska Offeror Preference, an offeror must hold a valid Alaska business license prior to the deadline for receipt of proposals. Offerors should contact the Department of Commerce, Community and Economic Development, Division of Corporations, Business, and Professional Licensing, PO Box 110806, Juneau, Alaska 99811-0806, for information on these licenses. Acceptable evidence that the offeror possesses a valid Alaska business license may consist of any one of the following:

• copy of an Alaska business license;

• certification on the proposal that the offeror has a valid Alaska business license and has included the license number in the proposal;

• a canceled check for the Alaska business license fee;

• a copy of the Alaska business license application with a receipt stamp from the state's occupational licensing office; or

• a sworn and notarized statement that the offeror has applied and paid for the Alaska business license.

You are not required to hold a valid Alaska business license at the time proposals are opened if you possess one of the following licenses and are offering services or supplies under that specific line of business:

• fisheries business licenses issued by Alaska Department of Revenue or Alaska Department of Fish and Game,

• liquor licenses issued by Alaska Department of Revenue for alcohol sales only,

• insurance licenses issued by Alaska Department of Commerce, Community and Economic Development, Division of Insurance, or

• Mining licenses issued by Alaska Department of Revenue.

Prior the deadline for receipt of proposals, all offerors must hold any other necessary applicable professional licenses required by Alaska Statute.

SEC. 6.02 CLARIFICATION OF OFFERS

In order to determine if a proposal is reasonably susceptible for award, communications by the procurement officer or the proposal evaluation committee (PEC) are permitted with an offeror to clarify uncertainties or eliminate confusion concerning the contents of a proposal. Clarifications may not result in a material or substantive change to the proposal. The evaluation by the procurement officer or the PEC may be adjusted as a result of a clarification under this section.

SEC. 6.03 DISCUSSIONS WITH OFFERORS

The state may conduct discussions with offerors in accordance with AS 36.30.240 and 2 AAC 12.290. The purpose of these discussions will be to ensure full understanding of the requirements of the IRFP and proposal. Discussions

Page 19 of 29 Rev. 8.13.2024 will be limited to specific sections of the IRFP or proposal identified by the procurement officer. Discussions will only be held with offerors who have submitted a proposal deemed reasonably susceptible for award by the procurement officer. Discussions, if held, will be after initial evaluation of proposals by the procurement officer or the PEC. If modifications are made as a result of these discussions they will be put in writing. Following discussions, the procurement officer may set a time for best and final proposal submissions from those offerors with whom discussions were held. Proposals may be reevaluated after receipt of best and final proposal submissions.

If an offeror does not submit a best and final proposal or a notice of withdrawal, the offeror’s immediate previous proposal is considered the offeror’s best and final proposal.

Offerors with a disability needing accommodation should contact the procurement officer prior to the date set for discussions so that reasonable accommodation can be made. Any oral modification of a proposal must be reduced to writing by the offeror.

SEC. 6.04 EVALUATION OF PROPOSALS

The procurement officer, or an evaluation committee made up of at least three state employees or public officials, will evaluate proposals. The evaluation will be based solely on the evaluation factors set out in SECTION 5.

EVALUATION CRITERIA AND CONTRACTOR SELECTION.

After receipt of proposals, if there is a need for any substantial clarification or material change in the IRFP, an amendment will be issued. The amendment will incorporate the clarification or change, and a new date and time established for new or amended proposals. Evaluations may be adjusted as a result of receiving new or amended proposals.

SEC. 6.05 CONTRACT NEGOTIATION

After final evaluation, the procurement officer may negotiate with the offeror of the highest-ranked proposal.

Negotiations, if held, shall be within the scope of the request for proposals and limited to those items which would not have an effect on the ranking of proposals. If the highest-ranked offeror fails to provide necessary information for negotiations in a timely manner, or fails to negotiate in good faith, the state may terminate negotiations and negotiate with the offeror of the next highest-ranked proposal. If contract negotiations are commenced, they may be held via Microsoft Teams.

SEC. 6.06 FAILURE TO NEGOTIATE

If the selected offeror

• fails to provide the information required to begin negotiations in a timely manner; or

• fails to negotiate in good faith; or

• indicates they cannot perform the contract within the budgeted funds available for the project; or

• if the offeror and the state, after a good faith effort, simply cannot come to terms, the state may terminate negotiations with the offeror initially selected and commence negotiations with the next highest ranked offeror.

Page 20 of 29 Rev. 8.13.2024

SEC. 6.07 OFFEROR NOTIFICATION OF SELECTION

After the completion of contract negotiation the procurement officer will issue a written Notice of Intent to Award (NIA) and send copies to all offerors. The NIA will set out the names of all offerors and identify the proposal selected for award.

SEC. 6.08 PROTEST

2 AAC 12.695 provides that an interested party may protest the content of the IRFP or the award of a contract.

An interested party is defined in 2 AAC 12.990(a)(7) as “an actual or prospective bidder or offeror whose economic interest might be affected substantially and directly the issuance of a contract solicitation, the award of a contract, or the failure to award a contract.”

Per 2 AAC 12.695, an interested party must first attempt to informally resolve the dispute with the procurement officer. If that attempt is unsuccessful, the interested party may file a written protest to the solicitation or the award of the contract. The protest must be filed with the Commissioner of the purchasing agency or the Commissioner’s designee. The protester must also file a copy of the protest with the procurement officer. The protest must include the following information:

• the name, address, and telephone number of the protester;

• the signature of the protester or the protester's representative;

• identification of the contracting agency and the solicitation or contract at issue;

• a detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and

• the form of relief requested.

If an interested party wishes to protest the content of a solicitation, the protest must be filed before the date and time that proposals are due.

If an offeror wishes to protest the award of a contract not greater than $50,000, the protest must be filed within 10 days from the date of the solicitation or award, whichever is later.

If an offeror wishes to protest the award of a contract greater than $50,000, the protest must be filed within 10 days from the date that notice of award is made.

A protester must have submitted a proposal in order to have sufficient standing to protest the award of a contract.

The procurement officer shall immediately give notice of the protest to the contractor or, if no award has been made, to all offerors who submitted proposals.

If the protestor agrees, the Commissioner of the purchasing department or the Commissioner’s designee may assign the protest to the procurement officer or other state official for alternate dispute resolution. In other cases, the Commissioner or the Commissioner’s designee may issue a decision denying the protest and stating the reasons for denial, issue a decision sustaining the protest, in whole or in part, and instruct the procurement officer to implement an appropriate remedy, or conduct a hearing using procedures set out in AS 36.30.670(b).

Page 21 of 29 Rev. 8.13.2024

SEC. 6.09 APPLICATION OF PREFERENCES

Certain preferences apply to all contracts for professional services, regardless of their dollar value. The Alaska Bidder, Alaska Veteran, and Alaska Offeror preferences are the most common preferences involved in the IRFP process. Additional preferences that may apply to this procurement are listed below. Guides that contain excerpts from the relevant statutes and codes, explain when the preferences apply and provide examples of how to calculate the preferences are available at the Department of Administration, Division of Shared Service’s web site:

http://doa.alaska.gov/dgs/pdf/pref1.pdf

• Alaska Products Preference - AS 36.30.332

• Recycled Products Preference - AS 36.30.337

• Local Agriculture and Fisheries Products Preference - AS 36.15.050

• Employment Program Preference - AS 36.30.321(b)

• Alaskans with Disabilities Preference - AS 36.30.321(d)

• Alaska Military Skills Program Preference – AS 36.30.321(l)

The Division of Vocational Rehabilitation in the Department of Labor and Workforce Development keeps a list of qualified employment programs and individuals who qualify as persons with a disability. As evidence of a business’ or an individual's right to the Employment Program or Alaskans with Disabilities preferences, the Division of Vocational Rehabilitation will issue a certification letter. To take advantage of these preferences, a business or individual must be on the appropriate Division of Vocational Rehabilitation list prior to the time designated for receipt of proposals. Offerors must attach a copy of their certification letter to the proposal. An offeror's failure to provide this certification letter with their proposal will cause the state to disallow the preference.

Sec. 6.10 ALASKA BIDDER PREFERENCE An Alaska Bidder Preference of 5% will be applied to the price in the proposal. The preference will be given to an offeror who:

1) holds a current Alaska business license prior to the deadline for receipt of proposals;

2) submits a proposal for goods or services under the name appearing on the offeror’s current Alaska business license;

3) has maintained a place of business within the state staffed by the offeror, or an employee of the offeror, for a period of six months immediately preceding the date of the proposal;

4) is incorporated or qualified to do business under the laws of the state, is a sole proprietorship and the proprietor is a resident of the state, is a limited liability company (LLC) organized under AS 10.50 and all members are residents of the state, or is a partnership under AS 32.06 or AS 32.11 and all partners are residents of the state; and

5) if a joint venture, is composed entirely of ventures that qualify under (1)-(4) of this subsection.

Alaska Bidder Preference Certification Form http://doa.alaska.gov/dgs/pdf/pref1.pdf

Page 22 of 29 Rev. 8.13.2024

In order to receive the Alaska Bidder Preference, the proposal must include the Alaska Bidder Preference Certification Form attached to this IRFP.