ITB 2025-0500-0046 Stratton Library Building Sale.pdf

STATE OF ALASKA

INVITATION TO BID (ITB)

STRATTON LIBRARY BUILDING SALE

ITB 2025-0500-0046

ISSUED NOVEMBER 19, 2024

THE ALASKA DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT WISHES TO SELL THE REAL

PROPERTY KNOWN AS THE “STRATTON LIBRARY”. THE PARCEL IS IDENTIFIED AS LOT 3, OF

THE SHELDON JACKSON CAMPUS SUBDIVISION, PLAT 2009-8, SITKA RECORDING DISTRICT, FIRST JUDICIAL

DISTRICT, STATE OF ALASKA, AND LOCATED AT 831 LINCOLN STREET, SITKA, ALASKA.

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 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 60 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 purchasing agency in default. *Please note an Alaska business license is not required for ITB 2025-0500-0046.

Department of Education and Early Development

Division of Libraries, Archives and Museums ENTITY SUBMITTING BID

AUTHORIZED SIGNATURE

PROCUREMENT OFFICER:

KATHY BLOMQUIST PRINTED NAME, TITLE

PHONE: (907) 465-8654

EMAIL: eed.procurement@alaska.gov DATE

STATE OF ALASKA – INVITATION TO BID ITB 2025-0500-0046

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 MINIMUM REQUIREMENTS

SEC. 1.05 REQUIRED REVIEW

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

SEC. 1.07 RETURN INSTRUCTIONS

SEC. 1.08 ASSISTANCE TO BIDDERS WITH A DISABILITY

SEC. 1.09 AMENDMENTS TO BIDS

SEC. 1.10 AMENDMENTS TO THE ITB

SEC. 1.11 ITB SCHEDULE

SEC. 1.12 PRE-BID SITE TOUR - RECOMMENDED

SEC. 1.13 ALTERNATE BIDS

SEC. 1.14 SUPPORTING INFORMATION

SECTION 2. PROPERTY DESCRIPTION

SEC. 2.01 PROPERTY DESCRIPTION

SEC. 2.02 INDEMNIFICATION

SEC. 2.03 BID FORMS

SECTION 3. EVALUATION AND SELECTION PROCESS

SEC. 3.01 EVALUATION OF BIDS

SEC. 3.02 METHOD OF AWARD

SEC. 3.03 NOTICE OF INTENT TO AWARD

SECTION 4. GENERAL PROCESS AND LEGAL INFORMATION

SEC. 4.01 AUTHORITY

SEC. 4.02 COMPLIANCE

SEC. 4.03 HUMAN TRAFFICKING

SEC. 4.04 RIGHT OF REJECTION

SEC. 4.05 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 4.06 DISCLOSURE OF BID CONTENTS

SEC. 4.07 DISPUTES

SEC. 4.08 SEVERABILITY

SEC. 4.09 GOVERNING LAW; FORUM SELECTION

SEC. 4.10 PROTEST

SECTION 5. ATTACHMENTS

SEC. 5.01 ATTACHMENTS

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SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

The Department of Education and Early Development, Division of Libraries, Archives and Museums, is soliciting bids for the sale of the Stratton Library Building located at 831 Lincoln Street, Sitka, Alaska. It is on the upland side of Lincoln Street on the former campus of the Sheldon Jackson College.

Legal Description: Lot 3, of the Sheldon Jackson Campus Subdivision, according to Plat 2009-8, a re-subdivision of Lots 1, 2A, 2B, 3A and 3B of the SJC-Lincoln Subdivision, according to Plat 2005-20 and 2008-9, situated in the Sitka Recording District, First Judicial District, State of Alaska.

The Alaska Department of Education and Early Development (DEED) does not have statutory authority to transfer real property to an entity that is not a federal agency, state agency, or political subdivision of the state. Therefore, DEED proposes to sell the Stratton Library to a federal or state agency or political subdivision, subject to the following conditions:

1. The sale is approved by the State Board of Education and Early Development.

2. Title remains with DEED if property is not sold.

3. DEED must sell the parcel to a federal or state agency or political subdivision for fair market value, plus any administrative costs, survey costs, appraisal costs, or other costs statutorily required to conduct a sale. The property is conveyed under “as-is, where-is” conditions, inclusive of known or unknown contaminations.

4. Sale of the property from DEED must occur in a fiscal year where appropriation language provides sale proceeds are to be appropriated to DEED to support the Division of

Libraries, Archives and Museums (LAM) and renovation of the Sheldon Jackson Museum.

5. Title document requires parcel to maintain a public purpose.

If DEED does not dispose of the property to a federal or state agency or political subdivision, the property will remain with DEED under management of LAM for their continued management or future disposition.

SEC. 1.02 BUDGET

Department of Education and Early Development, Division of Libraries, Archives and Museums, estimates a sale price of at least $2,000,000.00 to reflect fair market value and administration costs. Bids priced at less than

$2,000,000.00 will be considered non-responsive and rejected.

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

**See Amendment One for deadline extension** Bids must be received no later than 3:00pm Alaska Time on

January 10, 2025. Late bids will be considered non-responsive and will not be opened or accepted for evaluation.

SEC. 1.04 MINIMUM REQUIREMENTS

For a bid to be considered responsive the bidder must meet these requirements:

• The bidder must be a federal agency, state agency, or political subdivision of the state.

• Bid at least $2,000,000.00.

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A bidder's failure to meet these minimum prior experience requirements will cause their bid to be considered non-responsive and rejected.

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. 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 via email. 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 RETURN INSTRUCTIONS

When submitting your bid via email, the bid may be emailed to eed.procurement@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. 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 907-465-8654 to confirm that the entire bid has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

SEC. 1.08 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.

SEC. 1.09 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. 1.10 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.

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SEC. 1.11 ITB SCHEDULE

**See Amendment One for deadline extension** 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 BY DATE

ITB Issue Date 3:00pm 11/19/2024

Pre-Bid Site Tour must be completed prior to: 3:00pm 12/31/2024

Deadline for Receipt of Bids 3:00pm 1/10/2025

Bid Evaluations Complete 5:00pm 1/10/2025

State Board of Education Virtual Special Meeting 5:00pm 1/22/2025

Notice of Intent to Award 5:00pm 1/23/2025

Please note: The highest bid will be reviewed by the State Board of Education and Early Development during the Virtual Special Meeting on January 22, 2025.

This ITB does not, by itself, obligate the state. The state's obligation will commence when the purchase agreement is approved by the Commissioner of the Department of Education and Early Development, or the Commissioner's designee.

SEC. 1.12 PRE-BID SITE TOUR - RECOMMENDED

A pre-bid site tour is recommended prior to submitting a bid. The tours will be held at 831 Lincoln Street in Sitka, Alaska. The purpose of the site tour is to allow prospective bidders to see the building and ask questions concerning the ITB. Bidders should read the ITB in full and come to the meeting prepared to discuss any questions or concerns.

An appointment for a site tour must be made by contacting the Sheldon Jackson Museum at 907-747-8920

Bidders with a disability needing accommodation should contact the procurement officer prior to the date set for the pre-bid site tour so that reasonable accommodation can be made. eed.procurement@alaska.gov or 907-465-

8654.

SEC. 1.13 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. 1.14 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. The requirement for such supplemental information will be at the reasonable discretion of the state.

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

mailto:eed.procurement@alaska.gov

6 Revised 3/7/2024

SECTION 2. PROPERTY DESCRIPTION

SEC. 2.01 PROPERTY DESCRIPTION

831 LINCOLN STREET

SITKA, ALASKA 99835

Lot 3, of the Sheldon Jackson Campus Subdivision, Plat 2009-8, Sitka Recording

District, First Judicial District, State of Alaska.

Size and Shape and Topography:

The subject was built in 1974 and sits on an irregular shaped, 35,277 SF parcel at the corner of Lincoln Street and

College Drive on the former Sheldon Jackson College campus in Sitka, Alaska. According to the plat, the subject has approximately 226 feet of frontage on Lincoln Street on its western boundary and approximately 167 feet of frontage on College Drive on its northern property boundary. This width narrows to 125.89 feet on its southern boundary where it abuts a private residence at 833 Lincoln Street. To the rear of the subject is Sheldon Jackson

Museum and a cluster of single-family homes which are part of the Sitka Fine Arts Camp campus.

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Off Site Improvements:

The site is serviced by water, sewer, power, telephone, and all utilities available in the Sitka market. There are concrete curbs and sidewalks along Lincoln Street. There are overhead power and streetlights, storm drainage and fire hydrants. Lincoln Street is a city maintained, paved two-way street.

Zoning:

The subject’s site is zoned R-2, which is a residential designation. It allows for development of single-family residences, duplexes and multi-family units. Conditional uses include houses of worship, community buildings, childcare centers, quasi-institutional uses and professional offices. The minimum lot area required is 6,000 SF, which the site clearly exceeds, with the maximum density allowed per acre of 24 units. Required setbacks from

Lincoln Street are 14’, and permitted side yard development is allowed up to 9’ away from the lot line. The rear setback is 8’. Maximum height of the buildings is 40’ with maximum lot coverage allowed by all the buildings to be 50% or less. The subject would be grandfathered into conformity since it was constructed prior to the enactment of these regulations.

SEC. 2.02 INDEMNIFICATION

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

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“Agency”, as used within this and the following article, include the employees and/or agents who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in the agency’s selection, administration, monitoring, or controlling of the agreement.

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SEC. 2.03 BID FORMS

Bidders shall use the front page of this ITB, the Bid Submission Cover Sheet, and any other forms identified in this

ITB for submitting bids. All bids must be signed by an individual authorized to bind the bidder to the provisions of the ITB.

BIDDER'S CERTIFICATION

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

A. the laws of the State of Alaska;

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

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

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

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 60 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 purchase, or consider the purchasing agency in default.

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SECTION 3. EVALUATION AND SELECTION PROCESS

SEC. 3.01 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. 3.02 METHOD OF AWARD

Award will be made to the highest responsive and responsible bidder.

SEC. 3.03 NOTICE OF INTENT TO AWARD

After the responses to this ITB have been opened and evaluated, a tabulation of the bids will be prepared. This tabulation, called a Notice of Intent to Award, serves two purposes. It lists the name of each company or person that offered a bid and the price they bid. It also provides notice of the state's intent to award to the bidder(s) indicated.

A copy of the Notice of Intent will be sent to each company or person who responded to the ITB.

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SECTION 4. GENERAL PROCESS AND LEGAL

INFORMATION

SEC. 4.01 AUTHORITY

This ITB is written in accordance with AS 36.30 and 2 AAC 12.

SEC. 4.02 COMPLIANCE

In the performance of a sale that results from this ITB, the purchasing agency must comply with all applicable federal, state, and borough regulations, codes, and laws; be liable for all required insurance, licenses, permits and bonds; and pay all applicable federal, state, and borough taxes.

SEC. 4.03 HUMAN TRAFFICKING

By signature on their bid, the bidder certifies that the bidder is not established and headquartered or incorporated and headquartered in a country recognized as Tier 3 in the most recent United States Department of State’s

Trafficking in Persons Report.

The most recent United States Department of State’s Trafficking in Persons Report can be found at the following website: http://www.state.gov/j/tip/

Failure to comply with this requirement will cause the state to reject the bid as non-responsive or cancel the sale.

SEC. 4.04 RIGHT OF REJECTION

Bidders must comply with all the terms of the ITB, the State Procurement Code (AS 36.30), and all applicable local, state, and federal laws, codes, and regulations. The procurement officer may reject any bid that does not comply with all the material and substantial terms, conditions, and performance requirements of the ITB.

Bidders may not qualify the bid nor restrict the rights of the state. If a bidder does so, the procurement officer may determine the bid to be a non-responsive counteroffer and the bid may be rejected.

Minor informalities that:

• do not affect responsiveness,

• are merely a matter of form or format,

• do not change the relative standing or otherwise prejudice other bidders,

• do not change the meaning or scope of the ITB,

• are trivial, negligible, or immaterial in nature,

• do not reflect a material change in the work, or

• do not constitute a substantial reservation against a requirement or provision, may be waived by the procurement officer.

The state reserves the right to refrain from making an award if it is determined to be in the state’s best interest.

http://www.state.gov/j/tip/

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A bid from a debarred or suspended bidder shall be rejected.

SEC. 4.05 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

The state will not pay any cost associated with the preparation, submittal, presentation, or evaluation of any bid.

SEC. 4.06 DISCLOSURE OF BID CONTENTS

All bid prices become public information at the bid opening. After the deadline for receipt of bids, all other bid material submitted become the property of the State of Alaska and may be returned only at the state's option. AS

40.25.110 requires public records to be open to reasonable inspection. All other bid information will be held in confidence during the evaluation process and prior to the time a Notice of Intent to Award is issued. Thereafter, bids will become public information.

The Office of Procurement and Property Management (OPPM), or their designee recognizes that some information a bidder submits might be confidential under the United States or the State of Alaska Constitution, a federal statute or regulation, or a State of Alaska statute: i.e., might be confidential business information (CBI). See, e.g., article

1, section 1 of the Alaska Constitution; AS 45.50.910 – 45.50.945 (the Alaska Uniform Trade Secrets Act); DNR

v. Arctic Slope Regional Corp., 834 P.2d 134, 137-39 (Alaska 1991). For OPPM or their designee to treat information a bidder submits with its bid as CBI, the bidder must do the following when submitting their bid: (1) mark the specific information it asserts is CBI; and (2) for each discrete set of such information, identify, in writing, each authority the bidder asserts make the information CBI. If the bidder does not do these things, the information will become public after the Notice of Intent to Award is issued. If the bidder does these things, OPPM or their designee will evaluate the bidder’s assertion upon receiving a request for the information. If OPPM or their designee reject the assertion, they will, to the extent permitted by federal and State of Alaska law, undertake reasonable measures to give the bidder an opportunity to object to the disclosure of the information.

SEC. 4.07 DISPUTES

If the bidder has a claim arising in connection with the sale that it cannot resolve with the state by mutual agreement, it shall pursue the claim, if at all, in accordance with the provisions of AS 36.30.620 – AS 36.30.632.

SEC. 4.08 SEVERABILITY

If any provision of the agreement is found to be invalid or declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; and the rights and obligations of the parties will be construed and enforced as if the sale did not contain the particular provision held to be invalid.

SEC. 4.09 GOVERNING LAW; FORUM SELECTION

A sale resulting from this ITB is governed by the laws of the State of Alaska. To the extent not otherwise governed by Section 4.06 of this ITB, any claim concerning the agreement shall be brought only in the Superior Court of the

State of Alaska and not elsewhere.

SEC. 4.10 PROTEST

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

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

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

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

If a bidder wishes to protest the award of a contract or the proposed award of a contract, the protest must be received, in writing, by the procurement officer within ten days after the date the Notice of Intent to Award is issued.

A protester must have submitted a bid to have sufficient standing to protest the proposed award of a contract.

Protests 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 purchasing agency and the solicitation, bid 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.

Protests filed by telex or telegram are not acceptable because they do not contain a signature. Fax copies containing a signature are acceptable.

The procurement officer will issue a written response to the protest. The response will set out the procurement officer's decision and contain the basis of the decision within the statutory time limit in AS 36.30.580. A copy of the decision will be furnished to the protester by certified mail, fax or another method that provides evidence of receipt.

All bidders will be notified of any protest. The review of protests, decisions of the procurement officer, appeals, and hearings, will be conducted in accordance with the State Procurement Code (AS 36.30), Article 8 "Legal and

Contractual Remedies.”

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SECTION 5. ATTACHMENTS

SEC. 5.01 ATTACHMENTS

Attachments:

1. Stratton Library Building Sale Appendicies

Appendix A – Appraisal Report and Comparables

Appendix B – Building Photos

Appendix C – Plat and Site Plan

Appendix D – Easement Information

Appendix E – State of Alaska DEED Preliminary Best Interest Decision of Land Conveyance

2. Bid Form