IRFP - Shelter Cove Timber Sale Financial Audit 6.2024.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

TRUST LAND OFFICE

PRIMARY CONTACT:

BLAIN ALFONSO

PROCUREMENT OFFICER

BLAIN.ALFONSO@ALASKA.GOV

(907) 269-8659

SHELTER COVE TIMBER SALE FINANCIAL AUDIT

IRFP 10-004-24

ISSUED 06/27/2024

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.

TABLE OF CONTENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE IRFP

SEC. 1.02 DEADLINE FOR RECEIPT OF PROP OSALS

SEC. 1.03 PRIOR EXPERIENCE

SEC. 1.04 REQUIRED REVIEW

SEC. 1.05 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF PROPOSALS

SEC. 1.06 RETURN INSTRUCTIONS

SEC. 1.07 PROPOSAL CONTENTS

SEC. 1.08 ASSISTANCE TO OFFERORS WITH A DISABILITY

SEC. 1.09 AMENDMENTS TO PROPOSALS

SEC. 1.10 AMENDMENTS TO THE IRFP

SEC. 1.11 IRFP SCHEDULE

SEC. 1.12 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 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 & MODIFICATI ON - REIMBURSEMENT FOR UNACCEPTABL E DELIVERABLES

SEC. 3.17 LIQUIDATED DAMAGES

SEC. 3.18 CONTRACT CHANGES - UNANTICIPATED AMENDMENTS

SEC. 3.19 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 3.20 INDEMINFICATION

SEC. 3.21 INSURANCE REQUIREMENTS

SEC. 3.22 TERMINATION FOR DEFAUL T

SECTION 4. PROPOSAL FORMAT AND CONTENT

SEC. 4.01 PROPOSAL FORMAT AND CONTENT

SEC. 4.02 INTRODUCTION

SEC. 4.03 UNDERSTANDING OF THE PROJECT

SEC. 4.04 METHODOL OGY USED FOR THE PROJECT

SEC. 4.05 MANAGEMENT PLAN FOR THE PROJECT

SEC. 4.06 EXPERIENCE AND QUALIFICATIONS

SEC. 4.07 COST PROPOSAL

SEC. 4.08 EVALUATION CRITERIA

SECTION 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

SEC. 5.01 UNDERSTANDING OF THE PROJECT (5%)

SEC. 5.02 METHODOL OGY USED FOR THE PROJECT (5%)

SEC. 5.03 MANAGEMENT PLAN FOR THE PROJECT (10%)

SEC. 5.04 EXPERIENCE AND QUALIFICATIONS (30%)

SEC. 5.05 CONTRACT COST (40%)

SEC. 5.06 ALASKA OFFEROR PREFERENCE (10%)

SECTION 6. GENERAL PROCESS INFORMATION

SEC. 6.01 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

SEC. 6.02 SITE INSPECTION

SEC. 6.03 CLARIFICATION OF OFFERS

SEC. 6.04 DISCUSSIONS WITH OFFERORS

SEC. 6.05 EVALUATION OF PROPOSALS

SEC. 6.06 CONTRACT NEGOTIATION

SEC. 6.07 FAILURE TO NEGOTIATE

SEC. 6.08 OFFEROR NOTIFICATION OF SEL ECTION

SEC. 6.09 PROTEST

SEC. 6.10 APPLICATION OF PREFERENCES

SEC. 6.11 ALASKA BIDDER PREFERENCE

SEC. 6.12 ALASKA VETERAN 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 PREP ARATION 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

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.

The Department of Natural Resources, Trust Land Office, estimates a budget not to exceed $40,000.00 dollars for completion of this project. Proposals priced at more than $40,000.00 will be considered non-responsive.

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

SEC. 1.02 DEADLINE FOR RECEIPT OF PROPOSALS

Proposals must be received no later than 2:00PM prevailing Alaska Time on 7/18/2024. Late proposals or amendments will be disqualified and not opened or accepted for evaluation.

SEC. 1.03 PRIOR EXPERIENCE

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

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

2. At least one member of the firm must have a minimum of two years of general ledger timber accounting work experience with a timber operation producing a minimum of five million board feet a year.

3. At least one member of the firm must have participated in a timber accounting audit of a timber company involved in round log export to foreign entities.

4. Criteria 1 through 3 may be satisfied by one or more person(s) within the firm.

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

SEC. 1.04 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.

SEC. 1.05 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: Blain Alfonso – PHONE 907-269-8659

The deadline for submission of questions is 7/12/2024 by 2pm AKST.

SEC. 1.06 RETURN INSTRUCTIONS

Offers can select one of the methods below for submitting their proposal.

Offerors must submit one hard copy of their proposal, in writing, to the procurement officer in a sealed package.

The cost proposal included with 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

Trust Land Office

Attention: Blain Alfonso

Request for Proposal (IRFP) Number: 10-004-24

IRFP Title: Shelter Cove Timber Sale Financial Audit

2600 Cordova Street

Anchorage, AK, 99503

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

2600 Cordova Street

Anchorage, AK, 99503

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

2600 Cordova Street

Anchorage, AK, 99503

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.

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 907-269-8659 to confirm that the proposal has been received. The state is not responsible for unreadable, corrupt, or missing attachments .

SEC. 1.07 PROPOSAL CONTENTS

The following information must be included in all proposals.

(a) AUTHORIZ ED SIG NATURE 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) OF F EROR'S CERTIF ICATION 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.

(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) CONF LICT 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.

SEC. 1.08 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.

SEC. 1.09 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. 1.10 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.

SEC. 1.11 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 6/27/2024

• Deadline for Receipt of Proposals 7/18/2024 BY 2PM AKST,

• Proposal Evaluation Committee completes evaluation the around the week of 7/22/2024,

• State of Alaska issues Notice of Award will be the week of 7/22/2024,

• State of Alaska issues contract on or near 8/5/2024,

• Contract starts the week of 8/12/2024.

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. 1.12 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.

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.

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 to November 18, 2024.

The approximate contract schedule is as follows:

• The week of August 12, 2024 - kickoff meeting with Contractor; additional consultations upon request.

• The week of August 12, 2024 through September 13, 2024 - Contact timber personnel for general introductions and to request necessary documentation.

• September 16, 2024 through October 4, 2024 - Contractor to visit timber site; collect data

• October 25, 2024 - Draft report due; Update and review meeting.

• November 8, 2024 – Final deliverables due

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 will be required to provide the following deliverables:

A. Provide an audit plan including a description of the type and nature of the review to be performed to address the points to be considered in Attachment 3.

B. Provide a schedule for completing the actual audit by August 16, 2024. The audit schedule should identify the level of interaction and the follow-up required between the contractor, Alcan Timber, and the State.

C. Complete the review as provided in the description and provide two (2) hard copies of the report and an electronic file copy in WORD format on a portable device such as a thumb drive.

SEC. 3.04 CONTRACT TYPE

This contract is a fixed price contract.

SEC. 3.05 PROPOSED PAYMENT PROCEDURES

The state will make a single payment when all of the deliverables are received and the contract is completed and approved by the project director.

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 local, state, or federal taxes. All costs associated with the contract must be stated in U.S. currency.

SEC. 3.08 CONTRACT PRICE ADJUSTMENTS

Not applicable for this IRFP.

SEC. 3.09 LOCATION OF WORK

The location(s) the work is to be performed, completed, and managed is at the Alcan Timber Inc. headquarters located at 432 Carlana Lake Road, Ketchikan, AK 99901.

The state will not provide workspace for the contractor.

By signature on their proposal, the offeror certifies that all services provided under this contract by the contractor 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 will not be allowed.

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 director 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.

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 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 Natural Resources or the Commissioner's designee.

SEC. 3.19 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:

• The deliverables due from the contractor as outlined in section 3.03

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

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

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

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

SEC. 3.20 INDEMINFICATION

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. 3.21 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 contracting 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.

SEC. 3.22 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.

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 INTRODUCTION

Proposals must include the complete name and address of 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.

SEC. 4.03 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. 4.04 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.

Include a summary of any potential problems you believe may be encountered in the broader context of the work to be performed.

SEC. 4.05 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.

Include a proposed work schedule as part of the management plan.

SEC. 4.06 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,

• itemize the total cost and the number of estimated hours for each individual named above.

2) Offerors must provide reference names and phone numbers for similar projects the offeror’s firm has completed. Include for each reference:

a) A brief description of the project, including deliverables and names of key individuals involved.

b) Project location and schedules, including actual start and completion dates.

c) Client’s name, address, current telephone number, and contact person who can respond to queries concerning their experience with the offeror’s firm.

e) Refer to Section 1.04 Prior Experience and provide detailed discussion as requested.

f) Initial cost estimates and actual costs.

SEC. 4.07 COST PROPOSAL

Cost proposals must include an itemized list of all direct and indirect costs associated with the performance of the contract, including, but not limited to, total number of hours at various hourly rates, 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.

SEC. 4.08 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.

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.

SECTION 5. EVALUATION CRITERIA AND CONTRACTOR SELECTION

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

SEC. 5.01 UNDERSTANDING OF THE PROJECT (5%)

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. 5.02 METHODOLOGY USED FOR THE PROJECT (5%)

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. 5.03 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. 5.04 EXPERIENCE AND QUALIFICATIONS (30%)

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

d) 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 CONTRACT COST (40%)

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 (10%)

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.

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 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. 6.03 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. 6.04 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. 6.05 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. 6.06 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 in the TLO conference room on the second floor of the 2600 Cordova Street

Building in Anchorage, Alaska.

If the contract negotiations take place in Anchorage, Alaska, the offeror will be responsible for their travel and per diem expenses.

SEC. 6.07 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. 6.08 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. 6.09 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).

SEC. 6.10 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)

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

In order to receive the Alaska Bidder Preference, the proposal must include the Alaska Bidder Preference

Certification Form attached to this IRFP. An offeror does not need to complete the Alaska Veteran Preference…