IRFP - Shelter Cove Financial Audit.pdf

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 NATURAL RESOURCES

ALASKA MENTAL HEALTH TRUST LAND OFFICE

PRIMARY CONTACT:

BLAIN ALFONSO

PROCUREMENT OFFICER

BLAIN.ALFONSO@ALASKA.GOV

1 (907) 269-8659

IRFP 10-003-25

SILVICULTURE PRACTICES

ISSUED OCTOBER 25, 2024

THE PURPOSE OF THIS IRFP IS TO PARTNER WITH A CONTRACTOR TO COMPLETE A FINANCIAL AUDIT.

mailto:blain.alfonso@alaska.gov

STATE OF ALASKA – INFORMAL REQUEST FOR PROPOSALS (IRFP) IRFP 10-003-25

FINANCIAL AUDIT

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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 ENROLLMENT IN IRIS

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 PRE-PROPOSAL CONFERENCE/TELECONFERENCE

SEC. 1.14 ALTERNATE PROPOSALS

SEC. 1.15 NEWS RELEASES

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 PROMPT PAYMENT FOR STATE PURCHASES

SEC. 3.07 CONTRACT PAYMENT

SEC. 3.08 CONTRACT PRICE ADJUSTMENTS

SEC. 3.09 LOCATION OF WORK

SEC. 3.10 THIRD-PARTY SERVICE PROVIDERS

SEC. 3.11 SUBCONTRACTORS

SEC. 3.12 JOINT VENTURES

SEC. 3.13 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 3.14 F.O.B. POINT

SEC. 3.15 CONTRACT PERSONNEL

SEC. 3.16 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 3.17 LIQUIDATED DAMAGES

SEC. 3.18 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

SEC. 3.19 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 3.20 INDEMNIFICATION

SEC. 3.21 INSURANCE REQUIREMENTS

SEC. 3.22 TERMINATION FOR DEFAULT

SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 INTRODUCTION

SEC. 4.02 PROPOSAL CONTENTS

SEC. 4.03 EXPERIENCE AND QUALIFICATIONS

SEC. 4.04 UNDERSTANDING OF THE PROJECT

SEC. 4.05 METHODOLOGY USED FOR THE PROJECT

SEC. 4.06 MANAGEMENT PLAN FOR THE PROJECT

SEC. 4.07 COST PROPOSAL

SEC. 4.08 BID BOND – PERFORMANCE BOND – SURETY DEPOSIT

SEC. 4.09 EVALUATION CRITERIA

SECTION 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

SEC. 5.01 SUMMARY OF EVALUATION PROCESS

SEC. 5.02 EVALUATION CRITERIA

SEC. 5.03 SCORING METHOD AND CALCULATION

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SEC. 5.04 EXPERIENCE AND QUALIFICATIONS (50%)

SEC. 5.05 UNDERSTANDING OF THE PROJECT (15%)

SEC. 5.06 METHODOLOGY USED FOR THE PROJECT (15%)

SEC. 5.07 MANAGEMENT PLAN FOR THE PROJECT (20%)

SEC. 5.08 CONTRACT COST (N/A)

SEC. 5.01 ALASKA OFFEROR PREFERENCE (10%)

SECTION 6. GENERAL PROCESS AND LEGAL INFORMATION

SEC. 6.01 INFORMAL DEBRIEFING

SEC. 6.02 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

SEC. 6.03 SITE INSPECTION

SEC. 6.04 CLARIFICATION OF OFFERS

SEC. 6.05 DISCUSSIONS WITH OFFERORS

SEC. 6.06 EVALUATION OF PROPOSALS

SEC. 6.07 CONTRACT NEGOTIATION

SEC. 6.08 FAILURE TO NEGOTIATE

SEC. 6.09 OFFEROR NOTIFICATION OF SELECTION

SEC. 6.10 PROTEST

SEC. 6.11 APPLICATION OF PREFERENCES

SEC. 6.12 ALASKA BIDDER PREFERENCE

SEC. 6.13 ALASKA VETERAN PREFERENCE

SEC. 6.14 STANDARD CONTRACT PROVISIONS

SEC. 6.15 QUALIFIED OFFERORS

SEC. 6.16 PROPOSAL AS PART OF THE CONTRACT

SEC. 6.17 ADDITIONAL TERMS AND CONDITIONS

SEC. 6.18 HUMAN TRAFFICKING

SEC. 6.19 RIGHT OF REJECTION

SEC. 6.20 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 6.21 DISCLOSURE OF PROPOSAL CONTENTS

SEC. 6.22 ASSIGNMENT

SEC. 6.23 DISPUTES

SEC. 6.24 SEVERABILITY

SEC. 6.25 SUPPLEMENTAL TERMS AND CONDITIONS

SEC. 6.26 SOLICITATION ADVERTISING

SEC. 6.27 FEDERALLY IMPOSED TARIFFS

SECTION 7. ATTACHMENTS

SEC. 7.01 ATTACHMENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE IRFP

The Department of Natural Resources, Trust Land Office, The Trust Land Office (TLO) is soliciting proposals from parties interested in providing services to conduct an audit of financial records for the Shelter Cove

Timber Sale. The review will include timber production for the fiscal years 2022 and 2023.

SEC. 1.02 BUDGET

The Department of Natural Resources, Alaska Mental Health Trust Land Office, estimates a budget not to exceed $40,000.00 dollars for completion of this project.

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 2:00 PM Alaska Time on 11/22/2024 as indicated by postmark or email timestamp and late proposals will not be considered.

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SEC. 1.04 PRIOR EXPERIENCE

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

• MINIMUM REQUIREMENT 1. – At least one member of the firm must be a certified professional accountant (CPA) with a minimum of five years of accounting experience with the CPA certification.

• MINIMUM REQUIREMENT 2. – The firm must have a minimum of five years of financial auditing experience.

Offerors must detail in their proposal how they meet the minimum prior experience requirements above. Offerors that fail to identify in their proposals how they meet the prior experience requirements will be deemed non-responsive.

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 10 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 the offeror’s proposals upon which the award could not be made.

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 addendum to the IRFP. The procurement officer will make that decision.

Deadline to receive questions is 11/12/2024, by 2:00 PM Alaska Time.

PROCUREMENT OFFICER: BLAIN ALFONSO; PHONE 1 (907) 269-8659; TDD 711 (Alaska Relay); Email:

blain.alfonso@alaska.gov.

SEC. 1.07 RETURN INSTRUCTIONS

If submitting a proposal via email, the technical proposal and cost proposal must be saved as separate PDF documents and emailed to blain.alfonso@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.

mailto:blain.alfonso@alaska.gov

PAGE 5 OF 40 REV. 3/23

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 ahead of time to ensure the email is delivered by the deadline for receipt of proposals.

If submitting proposals using U.S. mail, or delivery service, offerors must submit one hard copy of their proposal, in writing, to the procurement officer in a sealed package. The cost proposal included in the package must be sealed separately from the rest of the proposal and must be clearly identified. The sealed proposal package(s) must be addressed as follows:

Department of Natural Resources

Alaska Mental Health Trust Land Office

Attention: BLAIN ALFONSO

Informal Request for Proposal (IRFP) Number: 10-002-25

IRFP Title: Silviculture Practices

2600 Cordova Street, Suite 201

Anchorage, Alaska 99503

It is the offeror’s responsibility to contact the issuing agency at 1 (907) 269-8659 to confirm that the proposal has been received. The State is not responsible for unreadable, corrupt, or missing attachments.

SEC. 1.08 ENROLLMENT IN IRIS

Offerors will be required to be enrolled in the State of Alaska’s Integrated Resource Information

System (IRIS) database prior to the award of a contract resulting from this IRFP. Enrollment can be done online at the following link: https://iris-vss.alaska.gov. Offerors who are not enrolled prior to the award of a contract will be notified by DNR Procurement. Failure of an offeror to enroll in the

IRIS database will delay award of the contract and may delay issuance of contract work.

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 10 days prior to the deadline for receipt of proposals.

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.

https://iris-vss.alaska.gov/

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SEC. 1.11 AMENDMENTS TO THE IRFP

If an amendment is issued before the deadline for receipt of proposals, 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 IRFP and to those who have registered with the procurement officer after receiving the IRFP from the OPN.

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 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. 1.12 IRFP SCHEDULE

The IRFP schedule set out herein represents the State’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.

ACTIVITY TIME DATE

Issue Date / IRFP Released 10/25/2024

Deadline for Receipt of Questions 2:00 PM 11/12/2024

Deadline for Receipt of Proposals / Proposal Due Date 2:00 PM 11/22/2024

ANTICIPATED Proposal Evaluations Complete Week of 12/2/2024

ANTICIPATED Notice of Intent to Award Week of 12/2/2024

ANTICIPATED Contract Issued 12/13/2024

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 Natural Resources, 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-PROPOSAL CONFERENCE/TELECONFERENCE

Not applicable for this IRFP.

SEC. 1.14 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.

SEC. 1.15 NEWS RELEASES

News releases related to this IRFP will not be made without prior approval of the project manager.

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SECTION 2. BACKGROUND INFORMATION

SEC. 2.01 BACKGROUND INFORMATION

The Trust Land Office (TLO) of the Department of Natural Resources manages Alaska Mental Health

Trust Land (Trust Land) on behalf of the Alaska Mental Health Trust Authority (Trust Authority). The TLO manages approximately one million acres of Trust Land throughout the state in accordance with AS

38.05.801, 11 AAC 99, and the following trust management principles:

• Maximization of long-term revenue from Trust Land;

• Protection of the corpus;

• Protection and enhancement of the long-term productivity of Trust Land;

• Encouragement of a diversity of revenue-producing uses of Trust Land; and

• Management of Trust Land prudently, efficiently, and with accountability to the Trust and its beneficiaries.

Alaska Statute 38.05.801 requires in part that the TLO manage Trust lands under those provisions of law applicable to other state lands unless said laws are inconsistent with trust principles imposed upon the state by the 1956 Alaska Mental Health Enabling Act (Public Law 84-830, 70 Stat. 709). Land and resource management actions applicable to other state lands are generally covered under Alaska

Statutes Titles 38-Public Lands and Title 41-Public Resources, and the Alaska Administrative Code Title

11-Natural Resources. The management of Trust land is subject to the police power authority of the state and its political subdivisions to the same extent as private land.

Alcan Timber, Inc, (“Alcan”) manages the timber operation for the Shelter Cove Timber Sale (MHT

9101005) (“Timber Sale”) as part of a Harvest Fee Payment model. The fees are outlined in Amendment

One of the Timber Sale Contract included as Attachment B in this IRFP.

Under the terms of Amendment One of the Timber Sale Alcan shall maintain its records for this

Agreement for each component of Gross Sales, each component of Direct Costs, amounts paid in settlement of customer claims, and other items addressed under this Agreement.

The Shelter Cove Timber Sale is a 10-year timber sale contract for 40 million board feet of timber. Alcan timber harvest and markets the timber to domestic and foreign ports including Canada, Washington state, Japan, and China. The timber is felled by a contractor with two to six employees. The harvest operation is operated by Alcan timber and has six to twelve employees. The timber is scaled by a third-party scaling bureau. Alcan hires Shipping companies for barges and export ships to the final ports. The shipments are shared with other companies and operations outside of Alcan and Trust Land Office Shelter Cove Timber Sale. Shipment charges are shared between parties. Up to seven miles of road are constructed each year at a cost of $225,000 per mile with a road construction contractor with two to four employees.

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SECTION 3. SCOPE OF WORK & CONTRACT INFORMATION

SEC. 3.01 SCOPE OF WORK

The Department of Natural Resources, Trust Land Office, is soliciting proposals for a review of gross sales, direct costs, and amounts paid to the Trust Land Office.

The review contemplated by this IRFP will cover timber production for the fiscal years 2022 and 2023. It should also outline recommendations and corrective measures that might be required in the event accounting errors, irregularities, or situations that might be unfavorable to the TLO become evident.

Performance of the review will require time at the Alcan headquarters located at 432 Carlana Lake Road, Ketchikan, Alaska 99901. Rental cars, restaurants and hotel accommodations are readily available in

Ketchikan.

The following Attachments are provided to assist offerors in preparing their proposals:

• Attachment 1: Cost Proposal Form

• Attachment 2: Standard Agreement Form example

• Attachment 3: A list of points to be considered in the performance of the review. This is a non-inclusive list and offerors should specifically include in their proposals points they feel should be addressed.

SEC. 3.02 CONTRACT TERM AND WORK SCHEDULE

The length of the contract will be from the date of award, approximately 12/13/2024, for no more than four months until completion, approximately 3/31/2025.

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 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 will be required to provide the following deliverables as needed:

1. Consultation on development of Forest management plan,

2. Site preparation reports,

3. Silviculture treatment documentation,

4. Silviculture practices, PAGE 9 OF 40 REV. 3/23

5. Pre and post practice estimates on stocking and species,

6. Assessment of expected ecological impact of forest management practices,

7. Monitoring protocols.

SEC. 3.04 CONTRACT TYPE

The resulting contract will be a Master Agreement (MA) and will be a Term Contract. The dollar amount shown on the MA will be the maximum dollar amount to be spent for all services provided under the agreement. The State does not guarantee a minimum or maximum number of services to be provided, or dollar amount to be spent under any contract resulting from this RFP. Future projects will be awarded through Task Order Solicitations. The award to the Task Order Solicitation will be a Notice to Proceed (NTP). NTPs will be firm fixed price.

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 the invoice has been approved by the project manager.

SEC. 3.06 PROMPT PAYMENT FOR STATE PURCHASES

Not applicable for this IRFP.

SEC. 3.07 CONTRACT PAYMENT

No payment will be made until the contract is approved by the Commissioner of the Department of Natural Resources 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 federal, state, or local taxes. All costs associated with the contract must be stated in U.S. currency.

Payment for agreements under $500,000.00 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.

Any single contract payment of $1 million or higher must be accepted by the Contractor via

Electronic Funds Transfer (EFT).

SEC. 3.08 CONTRACT PRICE ADJUSTMENTS

Not applicable for this IRFP.

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SEC. 3.09 LOCATION OF WORK

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

Specific land will be jointly coordinated between the State and the Contractor.

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. 3.10 THIRD-PARTY SERVICE PROVIDERS

Not applicable for this IRFP.

SEC. 3.11 SUBCONTRACTORS

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

Subcontractor experience SHALL NOT be considered in determining whether the offeror meets the requirements set forth in SEC. 1.04 PRIOR EXPERIENCE.

If a proposal with subcontractors is selected, the offeror 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;

PAGE 11 OF 40 REV. 3/23

If a subcontractor on the list did not have a valid Alaska business license at the close of the

IRFP, the Offeror may not use the subcontractor in the performance of the contract and shall replace the subcontractor with a subcontractor who had a valid Alaska business license at the close of the IRFP.

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

An offeror's failure to provide this information, within the time set, may cause the State to consider their proposal non-responsive and reject it. The substitution of one subcontractor for another may be made only at the discretion and prior written approval of the project manager.

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

SEC. 3.12 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 3.13 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. 3.14 F.O.B. POINT

Not applicable for this IRFP.

SEC. 3.15 CONTRACT PERSONNEL

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

SEC. 3.16 INSPECTION & MODIFICATION - REIMBURSEMENT FOR

UNACCEPTABLE DELIVERABLES

The Contractor is responsible for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the project manager. The State may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract. The project manager or procurement officer 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.

The 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 work received) and may seek associated damages.

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SEC. 3.17 LIQUIDATED DAMAGES

Not applicable for this IRFP.

SEC. 3.18 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 manager 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 Natural Resources or the Commissioner's designee.

SEC. 3.19 NONDISCLOSURE AND CONFIDENTIALITY

The 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.).

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 federal or state law, regulation, governmental or regulatory authority, the Contractor

PAGE 13 OF 40 REV. 3/23

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. 3.20 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. 3.21 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 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.

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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.

SEC. 3.22 TERMINATION FOR DEFAULT

If the project manager or procurement 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 7. ATTACHMENTS.

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SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 INTRODUCTION

Proposals must include the complete name and address of the offeror’s firm and the name, mailing address, and telephone number of the person the State should contact regarding the proposal.

Proposals must confirm that the offeror will comply with all provisions in this IRFP; and, if applicable, provide notice that the firm qualifies as an Alaskan bidder. Proposals must be signed by a company officer empowered to bind the company. An offeror's failure to include these items in the proposals may cause the proposal to be determined to be non-responsive and the proposal may be rejected.

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 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;

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.

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(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., currently employed by the State of Alaska or formerly employed by the State of Alaska within the past two years) 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.

(e) FEDERAL REQUIREMENTS The offeror must identify all known federal requirements that apply to the proposal, the evaluation, or the contract.

SEC. 4.03 EXPERIENCE AND QUALIFICATIONS

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, SEC. 4.04 UNDERSTANDING OF THE PROJECT

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

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.

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SEC. 4.06 MANAGEMENT PLAN FOR THE PROJECT

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

Not applicable for this IRFP.

SEC. 4.08 BID BOND – PERFORMANCE BOND – SURETY DEPOSIT

Not applicable for this IRFP.

SEC. 4.09 EVALUATION CRITERIA

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

AND CONTRACTOR SELECTION.

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SECTION 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

THE TOTAL NUMBER OF POINTS USED TO SCORE THIS PROPOSAL IS 100

SEC. 5.01 SUMMARY OF EVALUATION PROCESS

The State will use the following steps to evaluate and prioritize proposals:

1) Proposals will be assessed for overall responsiveness. Proposals deemed non-responsive will be eliminated from further consideration.

2) A Proposal Evaluation Committee (PEC), made up of at least three State employees or public officials, will evaluate the Technical portion of all responsive proposals.

3) Each responsive Technical Proposal will be sent to the PEC. No cost information will be shared or provided to the PEC.

4) The PEC will independently evaluate and score the proposals based on the degree to which they meet the stated evaluation criteria.

5) After independent scoring, the PEC will have a meeting, chaired by the procurement officer, where the PEC may have a group discussion prior to finalizing their scores.

6) The PEC will submit their final individual scores to the procurement officer, who will then compile the scores and calculate awarded points as set out in Section 5.03.

7) The procurement officer will calculate scores for cost proposals as set out in Section 5.08 and add those scores to the awarded points along with factoring in any Alaska preferences.

8) The procurement officer may ask for best and final offers from offerors susceptible for award and revise the cost scores accordingly.

9) The State will then conduct any necessary negotiations with the highest scoring offeror and award a contract if the negotiations are successful.

SEC. 5.02 EVALUATION CRITERIA

Proposals will be evaluated based on their overall value to the State, considering both cost and non-cost factors as described below. Note: 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.

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SEC. 5.03 SCORING METHOD AND CALCULATION

Each Proposal Evaluation Committee (PEC) member will individually evaluate and score each responsive proposal using the criteria set out in Section 5.

SEC. 5.04 EXPERIENCE AND QUALIFICATIONS (20%)

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 and subcontractor (if used):

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) If a subcontractor will perform work on the contract, how well do they measure up to the evaluation used for the offeror?

SEC. 5.05 UNDERSTANDING OF THE PROJECT (10%)

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) How well has the offeror identified pertinent issues and potential problems related to the project?

3) To what degree has the offeror demonstrated an understanding of the deliverables the

State expects it to provide?

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

SEC. 5.06 METHODOLOGY USED FOR THE PROJECT (10%)

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?

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

SEC. 5.07 MANAGEMENT PLAN FOR THE PROJECT (10%)

Proposals will be evaluated against the questions set out below:

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?

SEC. 5.08 CONTRACT COST (40%)

Not applicable for this IRFP.

SEC. 5.01 ALASKA OFFEROR PREFERENCE (10%)

Per 2 AAC 12.260, 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, which will be added to the offeror’s overall evaluation score.

Example:

Step 1 Determine the number of points available to qualifying offerors under this preference:

100 Total Points Available in IRFP x 10% Alaska Offeror preference = 10 Points for the preference.

Step 2 Determine which offerors qualify as Alaska bidders and thus, are eligible for the Alaska Offeror preference. For the purpose of this example, presume that all proposals have been completely evaluated based on the evaluation criteria in the IRFP. The scores at this point are:

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Offeror #1 83 points No Preference 0 points

Offeror #2 74 points Alaska Offeror Preference 10 points

Offeror #3 80 points Alaska Offeror Preference 10 points

Step 3 Add the applicable Alaska Offeror preference amounts to the offerors’ scores:

Offeror #1 83 points

Offeror #2 84 points (74 points + 10 points)

Offeror #3 90 points (80 points + 10 points)

Offeror #3 is the highest scoring offeror and would get the award, provided their proposal is responsive and responsible.

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SECTION 6. GENERAL PROCESS AND LEGAL INFORMATION

SEC. 6.01 INFORMAL DEBRIEFING

When the contract is completed, an informal debriefing may be performed at the discretion of the project manager or procurement officer. If performed, the scope of the debriefing will be limited to the work performed by the Contractor.

SEC. 6.02 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 to the deadline for receipt of proposals, all offerors must hold any other necessary applicable professional licenses required by Alaska Statute.

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SEC. 6.03 SITE INSPECTION

The State may conduct on-site visits to evaluate the offeror's capacity to perform the contract. An offeror must agree, at risk of being found non-responsive and having its proposal rejected, to provide the State reasonable access to relevant portions of its work sites. Individuals designated by the procurement officer at the State’s expense will make site inspection.

SEC. 6.04 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. 6.05 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 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. 6.06 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.

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SEC. 6.07 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 influence 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 commence, the procurement officer will provide a dial in teleconference number and the negotiations will be held via teleconference.

SEC. 6.08 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.

SEC. 6.09 OFFEROR NOTIFICATION OF SELECTION

After the completion of contract negotiation, the procurement officer will issue a written Notice of Intent to Award and send copies of that notice to all offerors who submitted proposals. The notice will set out the names of all offerors and identify the offeror selected for the award.

SEC. 6.10 PROTEST

AS 36.30.560 provides that an interested party may protest the content of the IRFP.

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 by the issuance of a contract solicitation, the award of a contract, or the failure to award a contract."

If an interested party wishes to protest the content of a solicitation, the protest must be received, in writing, by the procurement officer at least 10 days prior to the deadline for receipt of proposals.

AS 36.30.560 also provides that an interested party may protest the award of a contract or the proposed award…