ITB 2024-1100-0342-B Custom Oligonucleotide Synthesis Service.pdf

STATE OF ALASKA

INVITATION TO BID (ITB)

CUSTOM OLIGONUCLEOTIDE SYNTHESIS SERVICE

ITB # 2024-1100-0342

ISSUED 7/30/2024

THE ALASKA DEPARTMENT OF FISH AND GAME AND THE GAME GENE CONSERVATION LABORATORY

(ADF&G-GCL) IS SOLICITING BIDS FOR A CUSTOM DNA OLIGONUCLEOTIDE (OLIGO) SYNTHESIS SERVICE

WITH COMPLETED PRODUCT IN PLATES AND TUBES.

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

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

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

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

• a canceled check for the business license fee;

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

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

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

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

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

• the laws of the State of Alaska;

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

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

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

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

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

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

Bids must also be submitted under the name as appearing on the bidder’s current Alaska business license in order to receive the Alaska Bidder Preference. If a bidder fails to comply with (2) of this paragraph, the state may reject the bid, terminate the contract, or consider the contractor in default.

DEPARTMENT OF FISH AND GAME

DIVISION OF ADMINISTRATIVE SERVICES COMPANY SUBMITTING BID

AUTHORIZED SIGNATURE

PROCUREMENT OFFICER:

ERIC VERRELLI PRINTED NAME

PHONE: (907) 465-6178

EMAIL: ERIC.VERRELLI@ALASKA.GOV DATE

mailto:ERIC.VERRELLI@ALASKA.GOV

STATE OF ALASKA – INVITATION TO BID ITB 2024-1100-0342-B

Custom Oligonucleotide Synthesis Service

2 Revised 3/7/2024

TABLE OF CONTENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

SEC. 1.02 BUDGET

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

SEC. 1.04 PRIOR EXPERIENCE

SEC. 1.05 REQUIRED REVIEW

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

SEC. 1.07 SITE INSPECTION

SEC. 1.08 RETURN INSTRUCTIONS

SEC. 1.09 ASSISTANCE TO BIDDERS WITH A DISABILITY

SEC. 1.10 AMENDMENTS TO BIDS

SEC. 1.11 AMENDMENTS TO THE ITB

SEC. 1.12 ITB SCHEDULE

SEC. 1.13 PRE-BID CONFERENCE/TELECONFERENCE

SEC. 1.14 ALTERNATE BIDS

SEC. 1.15 SUPPORTING INFORMATION

SEC. 1.16 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

SECTION 2. SCOPE OF WORK AND CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

SEC. 2.02 CONTRACT TERM

SEC. 2.03 CONTRACT TYPE

SEC. 2.04 PAYMENT FOR STATE PURCHASES

SEC. 2.05 PROMPT PAYMENT FOR STATE PURCHASES

SEC. 2.06 CONTRACT ADMINISTRATION

SEC. 2.07 CONTRACT PRICE ADJUSTMENTS

SEC. 2.08 CONTRACT PERFORMANCE LOCATION

SEC. 2.09 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

SEC. 2.10 SUBCONTRACTORS

SEC. 2.11 JOINT VENTURES

SEC. 2.12 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 2.13 F.O.B. POINT

SEC. 2.14 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 2.15 EQUIPMENT INSPECTION

SEC. 2.16 NEW EQUIPMENT

SEC. 2.17 REMANUFACTURED/RECONDITIONED EQUIPMENT

SEC. 2.18 LEMON CLAUSE

SEC. 2.19 DISCONTINUED ITEMS

SEC. 2.20 LIQUIDATED DAMAGES

SEC. 2.21 SHIPPING DAMAGE

SEC. 2.22 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

SEC. 2.23 CONTINUING OBLIGATION OF CONTRACTOR

SEC. 2.24 BILLING INSTRUCTIONS

SEC. 2.25 ESTIMATED QUANTITIES

SEC. 2.26 WARRANTY

SEC. 2.27 NONDISCLOSURE AND CONFIDENTIALITY

3 Revised 3/7/2024

SEC. 2.28 INDEMNIFICATION

SEC. 2.29 INSURANCE

SECTION 3. BID FORMAT AND CONTENT

SEC. 3.01 BID FORMS

SEC. 3.02 BID BOND – PERFORMANCE BOND – SURETY DEPOSIT

SEC. 3.03 PRICES

SECTION 4. EVALUATION AND CONTRACTOR SELECTION

SEC. 4.01 EVALUATION OF BIDS

SEC. 4.02 APPLICATION OF PREFERENCES

SEC. 4.03 ALASKA BIDDER PREFERENCE

SEC. 4.04 ALASKA VETERAN PREFERENCE

SEC. 4.05 USE OF LOCAL FOREST PRODUCTS

SEC. 4.06 LOCAL AGRICULTURAL AND FISHERIES PRODUCT PREFERENCE

SEC. 4.07 ALASKA PRODUCT PREFERENCE

SEC. 4.08 EMPLOYMENT PROGRAM PREFERENCE

SEC. 4.09 ALASKANS WITH DISABILITIES PREFERENCE

SEC. 4.10 PREFERENCE QUALIFICATION LETTER

SEC. 4.11 EXTENSION OF PRICES

SEC. 4.12 METHOD OF AWARD

SEC. 4.13 CONTRACTOR SELECTION PROCESS

SEC. 4.14 NOTICE OF INTENT TO AWARD

SECTION 5. GENERAL PROCESS AND LEGAL INFORMATION

SEC. 5.01 INFORMAL DEBRIEFING

SEC. 5.02 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

SEC. 5.03 AUTHORITY

SEC. 5.04 COMPLIANCE

SEC. 5.05 SUITABLE MATERIALS, ETC

SEC. 5.06 SPECIFICATIONS

SEC. 5.07 BRAND SPECIFIC

SEC. 5.08 ITEM UPGRADES

SEC. 5.09 WORKMANSHIP AND MATERIALS

SEC. 5.10 CONTRACTOR SITE INSPECTION

SEC. 5.11 ORDER DOCUMENTS

SEC. 5.12 HUMAN TRAFFICKING

SEC. 5.13 RIGHT OF REJECTION

SEC. 5.14 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 5.15 DISCLOSURE OF BID CONTENTS

SEC. 5.16 ASSIGNMENTS

SEC. 5.17 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC. 5.18 DEFAULT

SEC. 5.19 DISPUTES

SEC. 5.20 SEVERABILITY

SEC. 5.21 CONTRACT CANCELLATION

SEC. 5.22 GOVERNING LAW; FORUM SELECTION

SEC. 5.23 QUALIFIED BIDDERS

SEC. 5.24 FEDERALLY IMPOSED TARIFFS

SEC. 5.25 PROTEST

4 Revised 3/7/2024

SECTION 6. ATTACHMENTS

SEC. 6.01 ATTACHMENTS

5 Revised 3/7/2024

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

The Alaska Department of Fish & Game Gene Conservation Laboratory (ADF&G – GCL) is soliciting bids for A Custom DNA Oligonucleotide (oligo) Synthesis Service with completed product in plates and tubes.

1. A single oligo in tubes;

2. Paired oligos in tubes;

3. Oligos in 96-well plates;

4. Pooled paired oligos in 96-well plates;

5. A normalized oligo pool in tubes, or bottles;

Although ADF&G – GCL cannot guarantee a minimum quantity of purchase, based on projections, ADF&G – GCL anticipates needing enough Custom Oligonucleotides to run approximately 50,000 samples per year for approximately 350 oligos per species.

SEC. 1.02 BUDGET

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

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

Bids must be received no later than 2:00 PM Alaska Time on 8/21/2024, at which time they will be opened. Late bids or amendments will be considered non-responsive and will not be opened or accepted for evaluation.

SEC. 1.04 PRIOR EXPERIENCE

No specific minimums have been set for this ITB.

SEC. 1.05 REQUIRED REVIEW

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

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

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

SEC. 1.07 SITE INSPECTION

Potential bidders are encouraged to visit the work site so that they can see the conditions under which the work described in this ITB will be performed. The bidder's failure to visit the work site will in no way relieve the bidder of the responsibility of performing the work in strict compliance with the true intent and meaning of the terms, 6 Revised 3/7/2024 conditions, and specifications of this ITB. The site may be inspected by contacting Zac Grauvogel at 907-267-2275

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

SEC. 1.08 RETURN INSTRUCTIONS

Electronic submission is the preferred method for submitting bids. If submitting your bid via email, the entire bid may be emailed to dfg.contracting@alaska.gov and must contain the ITB number in the subject line of the email.

The maximum size of a single email (including all text and attachments) that can be received by the state is 20mb (megabytes). If the email containing the bid exceeds this size, the bid must be sent in multiple emails that are each less than 20 megabytes and each email must comply with the requirements described above.

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

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

Mailed submission is also acceptable. Bidders must submit one hard copy of their entire bid, in writing, to the procurement officer in a sealed package. The sealed bid package must be addressed as follows:

Department of Fish and Game Division of Administrative Services

Attention: Eric Verrelli Invitation to Bid (ITB) Number: 2024-1100-0342

ITB Title: Custom Oligonucleotide Synthesis Service PO Box 115526

Juneau, AK 99811-5526

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

PO Box 115526 Juneau, AK 99811-5526

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

1255 W 8th St.

Juneau, AK 99801

SEC. 1.09 ASSISTANCE TO BIDDERS WITH A DISABILITY

Bidders with a disability may receive accommodation regarding the means of communicating this ITB 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 bids.

mailto:dfg.contracting@alaska.gov

7 Revised 3/7/2024

SEC. 1.10 AMENDMENTS TO BIDS

Amendments to or withdrawals of bids will only be allowed if acceptable requests are received prior to the deadline that is set for receipt of bids, in accordance with 2 AAC 12.140. No amendments or withdrawals will be accepted after the deadline unless the delay is due to an error of the contracting agency, in accordance with 2 AAC 12.160.

SEC. 1.11 AMENDMENTS TO THE ITB

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

SEC. 1.12 ITB SCHEDULE

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

ACTIVITY TIME DATE

Issue Date / ITB Released 10:00 AM 7/30/2024 Deadline for Receipt of Bids / Bid Due Date 2:00 PM 8/21/2024 Notice of Intent to Award 8/22/2024 Contract Issued 9/2/2024

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

SEC. 1.13 PRE-BID CONFERENCE/TELECONFERENCE

Reserved.

SEC. 1.14 ALTERNATE BIDS

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

SEC. 1.15 SUPPORTING INFORMATION

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

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

8 Revised 3/7/2024

SEC. 1.16 FIRM, UNQUALIFIED, AND UNCONDITIONAL OFFER

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

9 Revised 3/7/2024

SECTION 2. SCOPE OF WORK AND CONTRACT

INFORMATION

SEC. 2.01 SCOPE OF WORK

The Alaska Department of Fish and Game Gene Conservation Laboratory (ADF&G – GCL) is soliciting bids for A Custom DNA Oligonucleotide (oligo) Synthesis Service with completed product in plates and tubes.

1. A single oligo in tubes;

2. Paired oligos in tubes;

3. Oligos in 96-well plates;

4. Pooled paired oligos in 96-well plates;

5. A normalized oligo pool in tubes, or bottles;

Although ADF&G – GCL cannot guarantee a minimum quantity of purchase, based on projections, ADF&G – GCL anticipates needing enough Custom Oligonucleotides to run approximately 50,000 samples per year for approximately 350 oligos per species.

All bids must meet the following minimum specifications:

Vendors must have a customer accessible tool for calculating the cost and scale needed to order oligos at a specified mass or concentration prior to order placement. This tool may consist of, but not be limited to, an electronic spreadsheet or web interface.

All synthesized oligos must undergo quality control checks prior to shipment of product, including mass spectrometry analysis post synthesis.

1. A single oligo in tubes Must be able to synthesize oligos between 14 and 67 nucleotides in length from submitted sequences.

Must offer minimum synthesis scale levels of 25, 50, 200, 1K, and 10K nmoles.

Must be purified using standard desalting methods.

Must be shipped either lyophilized or eluted in TE buffer (10 mM Tris pH 8.0; 0.1 mM EDTA; pH 8.0).

Must have the options of shipping full yields, or normalizing to a specified mass or volume and concentration.

2. Paired Oligos in Tubes

Must offer minimum synthesis scale levels of 25, 50, 200, 1K, and 10K nmoles.

Must be purified using standard desalting methods.

Must be shipped either lyophilized or eluted in TE buffer (10 mM Tris pH 8.0; 0.1 mM EDTA; pH 8.0).

Each oligo must be normalized to the same specified mass, or concentration and volume, within the tube.

3. Oligos in 96-well plates

Must offer minimum synthesis scale levels of 25, 50, 200, and 1K nmoles.

Must be shipped in SBS standard 96-well plates (PCR, V-bottom, or Deep Well) either lyophilized or eluted in TE buffer (10 mM Tris pH 8.0; 0.1 mM EDTA; pH 8.0).

Must have the options of shipping full yields, or normalizing to a specified mass or volume and concentration, with additional “daughter” plates if specified scale, yield, concentration, and volume allow for them.

10 Revised 3/7/2024

4. Pooled paired oligos in 96-well plates

Must.be able to synthesize oligos between 14 and 67 nucleotides in length from submitted sequences.

Must be purified using standard desalting methods.

Must offer minimum synthesis scale levels of 25, 50, 200, and 1K nmoles.

Paired oligos must be normalized to the same specified mass, concentration and/or volume.

Must be shipped in SBS standard 96-well plates (PCR, V-bottom or Deep Well) either lyophilized or eluted in TE buffer (10 mM Tris pH 8.0; 0.1 mM EDTA; pH 8.0).

Must have the options of shipping additional “daughter” plates if specified scale, yield, concentration, and volume allow for them.

Must have the option of adding 5’ modifications to one or both of the oligos, including, but not limited to the addition of biotin.

Must have the option of substituting up to six phosphodiester nucleotides for phosphorothioate nucleotides within an oligo sequence prior to synthesis.

5. A normalized oligo pool in tubes, or bottles.

Must be able to synthesize oligos between 32 and 80 nucleotides in length from submitted sequences.

Must be able to pool up to 350 PCR primer pairs (700 oligos) into one solution.

Must offer minimum synthesis scale levels of 25, 50, 200, and 1K nmoles.

Solution must be “Lab Ready”, eluted to 200uM concentration in TE (10mM Tris-HCl, 0.1mM EDTA) pH 8.0, with a minimum specified volume per oligo per scale.

Unit prices may be listed as $ per base pair per scale. Please list specific vendor scale if different from that listed in the table. Scales listed are the minimum for that level. ADFG-GCL is only anticipating ordering unmodified custom oligos. Prices for dyes, five-prime, three-prime, methylation, and other nucleotide modifications can be added to a specific quote request and do not need to be included as part of vendor’s bid. However, prices for the modification additions on a specific quote cannot exceed fair-market-value.

SEC. 2.02 CONTRACT TERM

The length of the contract will be from the date of award, approximately August 2024, through September 1, 2025, with the option to renew for 5 additional 1-year terms under the same terms and conditions as the original contract. Renewals will be exercised at the sole discretion of the state.

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

SEC. 2.03 CONTRACT TYPE

This contract is a Fixed Price contract.

SEC. 2.04 PAYMENT FOR STATE PURCHASES

No payment will be made until the contract is approved by the Commissioner of the Department of Fish and Game or the Commissioner's designee. Under no conditions will the state be liable for the payment of any interest charges

11 Revised 3/7/2024 associated with the cost of the contract. The state is not responsible for and will not pay local, state, or federal taxes.

All costs associated with the contract must be stated in U.S. currency.

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

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

SEC. 2.05 PROMPT PAYMENT FOR STATE PURCHASES

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

SEC. 2.06 CONTRACT ADMINISTRATION

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

SEC. 2.07 CONTRACT PRICE ADJUSTMENTS

Consumer Price Index (CPI): Contract prices will remain firm through September 1, 2025.

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

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

b. Price adjustments will be made in accordance with the percentage change in the U.S.

Department of Labor, Bureau of Labor and Statistics, Consumer Price Index (CPI-U) for All Urban Consumers, All Items, Urban Alaska.

c. The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year reported HALF1 (January through June) (depends on the timing, may be HALF2 for July-December); and each HALF1 (or HALF2) thereafter. The percentage difference between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments will be allowed. All price adjustments must be approved

12 Revised 3/7/2024 by the Procurement Officer prior to the implementation of the adjusted pricing. Approval shall be in the form of a Contract Amendment issued by the Procurement Officer.

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

SEC. 2.08 CONTRACT PERFORMANCE LOCATION

The location(s) the work is to be performed, completed, and managed is at the location of the awarded vendor. The state will not provide workspace for the contractor. The contractor must provide its own workspace.

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

If the bidder cannot certify that all work will be performed in the United States, the bidder must contact the procurement officer in writing to request a waiver at least 10 days prior to the deadline for receipt of bids.

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 bid as non-responsive or cancel the contract.

SEC. 2.09 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

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

SEC. 2.10 SUBCONTRACTORS

Subcontractors will not be allowed.

SEC. 2.11 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 2.12 RIGHT TO INSPECT PLACE OF BUSINESS

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

SEC. 2.13 F.O.B. POINT

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

The cost of shipping and delivery for orders beyond the limits of Alaska will be handled as follows. The contractor will prepay the shipping and delivery charges to any destination named by the state in its order. The contractor will charge-back those shipping and delivery charges to the state as a separate item on the state's invoice. These charges must be billed as a pass-through charge.

13 Revised 3/7/2024

SEC. 2.14 INSPECTION & MODIFICATION - REIMBURSEMENT FOR

UNACCEPTABLE DELIVERABLES

The contractor is responsible for providing all products or the completion of all the work set out in the contract. All products or work are subject to inspection, evaluation, and approval by the state. The state may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract. The state may instruct the contractor to make corrections or modifications if needed in order to accomplish the contract’s intent. The contractor will not unreasonably withhold such changes.

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

SEC. 2.15 EQUIPMENT INSPECTION

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

SEC. 2.16 NEW EQUIPMENT

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

SEC. 2.17 REMANUFACTURED/RECONDITIONED EQUIPMENT

Remanufactured/reconditioned is acceptable provided it meets the requirements of this clause and the requirements of the rest of this ITB. Remanufactured/reconditioned equipment is defined as used equipment that has been remanufactured/reconditioned and restored to new condition. All remanufactured/reconditioned equipment must have the same warranty as new equipment and be certified as maintainable by its manufacturer. Bidders should attach a copy of this certification to their bid. A bidder's failure to provide the document(s) mentioned above, within the time required by the state, will cause the state to consider the bid non-responsive and reject the bid.

SEC. 2.18 LEMON CLAUSE

Reserved.

SEC. 2.19 DISCONTINUED ITEMS

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

SEC. 2.20 LIQUIDATED DAMAGES

Reserved.

14 Revised 3/7/2024

SEC. 2.21 SHIPPING DAMAGE

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

SEC. 2.22 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

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

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

SEC. 2.23 CONTINUING OBLIGATION OF CONTRACTOR

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

SEC. 2.24 BILLING INSTRUCTIONS

All invoices produced by the contractor must contain the following information at a minimum:

1. Invoice number

2. Invoice date

3. Sales order number

4. Sales order date

5. Ship Date

6. P.O. number

7. “Bill To” attention and address

8. “Ship To” attention and address

9. Line itemized ordered product

10. Shipping costs

Invoices must be billed to the ordering agency's address shown on the individual Purchase Order, Contract Award or Delivery Order. The state will make payment after it receives the goods or services and the invoice. Questions concerning payment must be addressed to the ordering agency.

SEC. 2.25 ESTIMATED QUANTITIES

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

15 Revised 3/7/2024

SEC. 2.26 WARRANTY

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

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

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

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

SEC. 2.27 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.).

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.

16 Revised 3/7/2024

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

information which now is or hereafter becomes publicly known by other than a breach of confidentiality hereof; or information which is disclosed by a party pursuant to subpoena or other legal process and which as a result becomes lawfully obtainable by the general public.

SEC. 2.28 INDEMNIFICATION

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

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

SEC. 2.29 INSURANCE

Without limiting the contractor's indemnification, it is agreed that the 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 contract approval 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.

Proof of insurance is required for the following:

• 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 occurrence.

• 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 occurrence.

17 Revised 3/7/2024

SECTION 3. BID FORMAT AND CONTENT

SEC. 3.01 BID FORMS

Bidders shall use the front page of this ITB, the Bid Submission Cover Sheet, Attachment 1 – Bid Schedule, and any other forms identified in this ITB for submitting bids. All bids must be signed by an individual authorized to bind the bidder to the provisions of the ITB.

BIDDER'S CERTIFICATION

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

A. the laws of the State of Alaska;

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

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

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

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

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

and

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

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

CONFLICT OF INTEREST

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

SEC. 3.02 BID BOND – PERFORMANCE BOND – SURETY DEPOSIT

Reserved.

SEC. 3.03 PRICES

The bidder shall state prices in the units of issue on this ITB. Prices quoted in bids must be exclusive of federal, state, and local taxes. If the bidder believes that certain taxes are payable by the state, the bidder may list such taxes separately, directly below the bid price for the affected item.

18 Revised 3/7/2024

SECTION 4. EVALUATION AND CONTRACTOR

SELECTION

SEC. 4.01 EVALUATION OF BIDS

After bid opening, the procurement officer will evaluate the bids for responsiveness. Bids deemed non-responsive will be eliminated from further consideration. An evaluation may not be based on discrimination due the race, religion, color, national origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation of the bidder.

SEC. 4.02 APPLICATION OF PREFERENCES

Certain preferences apply to all state contracts, regardless of their dollar value. The Alaska Bidder and Alaska Veteran preferences are the most common preferences involved in the ITB 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 following website:

https://oppm.doa.alaska.gov/policy-oversight/policy-resources/user-guide-matrixes/

• 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. Bidders must attach a copy of their certification letter to the proposal. A bidder’s failure to provide this certification letter with their proposal will cause the state to disallow the preference.

SEC. 4.03 ALASKA BIDDER PREFERENCE

An Alaska Bidder Preference of 5% will be applied to the total bid price. The preference will be given to a bidder who:

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

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

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

https://oppm.doa.alaska.gov/policy-oversight/policy-resources/user-guide-matrixes/

19 Revised 3/7/2024

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

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

Alaska Bidder Preference Certification Form To receive the Alaska Bidder Preference, the bid must include the Alaska Bidder Preference Certification Form attached to this ITB. A bidder does not need to complete the Alaska Veteran Preference questions on the form if not claiming the Alaska Veteran Preference. A bidder’s failure to provide this completed form with their bid will cause the state to disallow the preference.

SEC. 4.04 ALASKA VETERAN PREFERENCE

An Alaska Veteran Preference of 5%, not to exceed $5,000, will be applied to the total bid price. The preference will be given to a bidder who qualifies under AS 36.30.990(2) as an Alaska Bidder and is a:

a) sole proprietorship owned by an Alaska veteran;

b) partnership under AS 32.06 or AS 32.11 if a majority of the partners are Alaska veterans;

c) limited liability company organized under AS 10.50 if a majority of the members are Alaska veterans; or

d) corporation that is wholly owned by individuals, and a majority of the individuals are Alaska veterans.

In accordance with AS 36.30.321(i), the bidder must also add value by actually performing, controlling, managing, and supervising the services provided, or for supplies, the bidder must have sold supplies of the general nature solicited to other state agencies, other government, or the general public.

Alaska Veteran Preference Certification To receive the Alaska Veteran Preference, the bid must include the Alaska Bidder Preference Certification Form attached to this ITB. A bidder’s failure to provide this completed form with their bid will cause the state to disallow the preference.

SEC. 4.05 USE OF LOCAL FOREST PRODUCTS

In a project financed by state money in which the use of timber, lumber and manufactured lumber is required, only timber, lumber and manufactured lumber products originating in this state from Alaska forests shall be used unless the use of those products has been determined to be impractical, in accordance with AS 36.15.010 and AS 36.30.322.

SEC. 4.06 LOCAL AGRICULTURAL AND FISHERIES PRODUCT

PREFERENCE

When agricultural, dairy, timber, lumber, or fisheries products are purchased using state money, a seven percent (7%) preference shall be applied to the price of the products harvested in Alaska, or in the case of fisheries products, the products harvested or processed within the jurisdiction of Alaska, in accordance with AS 36.15.050.

SEC. 4.07 ALASKA PRODUCT PREFERENCE

A bidder that designates the use of an Alaska Product which meets the requirements of the ITB specifications and is designated as a Class I, Class II, or Class III Alaska Product by the Department of Community & Economic

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Development (DCCED) may receive a preference in the bid evaluation in accordance with AS 36.30.332 and 3

AAC 92.010.

To qualify for the preference, the product must have received certification from DCCED, be listed in the current published edition of the Alaska Products Preference List, and the bidder must provide the qualified product on a 100% basis. There are no provisions under Alaska Statutes or Regulations that allow for a product exchanges/substitutions or permit the product to be co-mingled with other products. Rather, AS 36.30.330 provides for a penalty for failing to use the designated Alaska products.

Products are classified in one of three categories:

• Class I products receive a 3% preference.

• Class II products receive a 5% preference.

• Class III products receive a 7% preference.

When the bids are evaluated, the preference percentage will be deducted from the product price. If a bidder fails to specify the brand being offered, no preference will be given. For more information on the Alaska Product Preference and to see the list of products currently on the Alaska Product Preference List, use the following web link:

https://www.commerce.alaska.gov/web/dcra/AlaskaProductPreferenceProgram.aspx

Brand Offered If offering a product that qualifies for the Alaska Product Preference, the bidder must indicate the brand of product they intent to provide. If a bidder is not offering a product that qualifies for the Alaska Product Preference, the bidder does not need to indicate a product brand.

Brand of Product Changes During the course of the contract including all renewal options, a contractor that offered a product that qualified for the Alaska Product Preference wishes to change the product brand, the contractor must first provide a written request, along with evidence that the replacement brand also qualifies for the Alaska Product Preference, for approval by the procurement officer. A contract amendment must be issued by the procurement officer to authorize the change.

If a bidder offers a product brand in the original bid that does not qualify for the Alaska Product Preference, a change in the product brand may be made at any time during the course of the contract, including all renewals, as long as the product band continues to meet the required specifications. A contract amendment is not required if the product brand originally offered did not qualify for the Alaska Product Preference.

SEC. 4.08 EMPLOYMENT PROGRAM PREFERENCE

If a bidder qualifies for the Alaska Bidder Preference and is offering goods or services through an employment program as defined under AS 36.30.990(12), an Employment Program Preference of 15% will be applied to the total bid price.

In accordance with AS 36.30.321(i), the bidder must also add value by actually performing, controlling, managing, and supervising the services provided, or for supplies, the bidder must have sold supplies of the general nature solicited to other state agencies, other government, or the general public.

https://www.commerce.alaska.gov/web/dcra/AlaskaProductPreferenceProgram.aspx

21 Revised 3/7/2024

SEC. 4.09 ALASKANS WITH DISABILITIES PREFERENCE

If a bidder qualifies for the Alaska Bidder Preference and is a qualifying entity as defined in AS 36.30.321(d), an Alaskans with Disabilities Preference of 10% will be applied to the total bid price.

In accordance with AS 36.30.321(i), the bidder must also add value by actually performing, controlling, managing, and supervising the services provided, or for supplies, the bidder must have sold supplies of the general nature solicited to other state agencies, other government, or the general public.

SEC. 4.10 PREFERENCE QUALIFICATION LETTER

Regarding the Employment Program Preference and the Alaskans with Disabilities Preference, the Division of Vocational Rehabilitation in the Department of Labor and Workforce Development maintains lists companies who qualify for…