ITB 2025-1000-0200 As-Needed Silviculture Services Near Haines, Alaska.pdf

REV. 8/24

STATE OF ALASKA

INVITATION TO BID (ITB)

ITB 2025-1000-0200

AS-NEEDED SILVICULTURE SERVICES NEAR HAINES ALASKA

ISSUED DECEMBER 11, 2024

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 NATURAL RESOURCES

SUPPORT SERVICES DIVISION COMPANY SUBMITTING BID

AUTHORIZED SIGNATURE

PROCUREMENT OFFICER:

Shawn M. Olsen PRINTED NAME

PHONE: 1 (907) 269-8687

EMAIL: shawn.olsen@alaska.gov DATE mailto:shawn.olsen@alaska.gov

STATE OF ALASKA – INVITATION TO BID (ITB) ITB 2025-1000-0200

AS-NEEDED SILVICULTURE SERVICES NEAR HAINES, ALASKA

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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 FOR REPRESENTATIVE PROJECT

SEC. 1.08 RETURN INSTRUCTIONS

SEC. 1.09 ENROLLMENT IN IRIS

SEC. 1.10 ASSISTANCE TO BIDDERS WITH A DISABILITY

SEC. 1.11 AMENDMENTS TO BIDS

SEC. 1.12 ADDENDUMS TO THE ITB

SEC. 1.13 ITB SCHEDULE

SEC. 1.14 PRE-BID CONFERENCE/TELECONFERENCE

SEC. 1.15 ALTERNATE BIDS

SEC. 1.16 SUPPORTING INFORMATION

SEC. 1.17 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 ELECTRONIC PAYMENTS

SEC. 2.06 PROMPT PAYMENT FOR STATE PURCHASES

SEC. 2.07 CONTRACT PRICE ADJUSTMENTS

SEC. 2.08 CONTRACT ADMINISTRATION

SEC. 2.09 CONTRACT PERFORMANCE LOCATION

SEC. 2.10 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

SEC. 2.11 SUBCONTRACTORS

SEC. 2.12 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 2.13 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 2.14 JOINT VENTURES

SEC. 2.15 F.O.B. POINT

SEC. 2.16 EQUIPMENT INSPECTION

SEC. 2.17 SHIPPING DAMAGE

SEC. 2.18 NEW EQUIPMENT

SEC. 2.19 REMANUFACTURED/RECONDITIONED EQUIPMENT

SEC. 2.20 LEMON CLAUSE

SEC. 2.21 DISCONTINUED ITEMS

SEC. 2.22 LIQUIDATED DAMAGES

SEC. 2.23 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

SEC. 2.24 CONTINUING OBLIGATION OF CONTRACTOR

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SEC. 2.25 BILLING INSTRUCTIONS

SEC. 2.26 ESTIMATED QUANTITIES

SEC. 2.27 WARRANTY

SEC. 2.28 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 2.29 INDEMNIFICATION

SEC. 2.30 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 ALASKA MILITARY SKILLS PROGRAM PREFERENCE

SEC. 4.06 USE OF LOCAL FOREST PRODUCTS

SEC. 4.07 LOCAL AGRICULTURAL AND FISHERIES PRODUCT PREFERENCE

SEC. 4.08 ALASKA PRODUCT PREFERENCE

SEC. 4.09 EMPLOYMENT PROGRAM PREFERENCE

SEC. 4.10 ALASKANS WITH DISABILITIES PREFERENCE

SEC. 4.11 PREFERENCE QUALIFICATION LETTER

SEC. 4.12 EXTENSION OF PRICES

SEC. 4.13 METHOD OF AWARD

SEC. 4.14 TASK ORDER SOLICITATION AND DELIVERY ORDER PROCESS

SEC. 4.15 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)

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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

SECTION 6. ATTACHMENTS

SEC. 6.01 ATTACHMENTS

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SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

The Department of Natural Resources, Division of Forestry & Fire Protection is soliciting bids for a qualified contractor to provide As-Needed Silviculture Services near Haines, Alaska.

Multiple contracts will be awarded from this ITB. The bidder with the lowest cost will be awarded the Task Order associated with 2(a) Representative Project located within Sec. 2 Scope of Work.

SEC. 1.02 BUDGET

The Department of Natural Resources, Division of Forestry & Fire Protection, estimates a budget of $400,000.00 for completion of future projects. Bids priced at more than $15,000.00 for the Representative Project will be considered non-responsive.

The services are as-needed, and the budget amount is an estimate only and does not represent a work commitment. When there is a need for silviculture services, and funds become available the Project Manager will email the Term Contractors a Task Order solicitation, which will provide a defined scope of work, specific deliverables, deliverable due dates, and other important solicitation requirements and/or instructions. The State does not guarantee a minimum or maximum number of services to be provided or dollar amount to be spent under any contract resulting from this ITB.

Approval or continuation of a contract resulting from this ITB is contingent upon legislative appropriation.

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

Bids must be received no later than 2:00 PM Alaska Time on January 21, 2025, at which time they will be publicly opened. Late bids or amendments will be considered non-responsive and will not be opened or accepted for evaluation.

SEC. 1.04 PRIOR EXPERIENCE

In order for a bid to be considered responsive the bidder must meet these minimum prior experience requirements:

• The bidder must not have had a contract terminated for cause by the State within the last three years.

• At least three years of experience in professional silviculture services in remote locations.

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

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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 10 days before the deadline for receipt of bids. This will allow time for an addendum 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.

Deadline to receive questions is January 09, 2025, by 2:00 PM Alaska Time.

Procurement Officer: SHAWN M. OLSEN – PHONE 1 (907) 269-8687 – TDD/TTY: 711 (Alaska Relay); EMAIL: shawn.olsen@alaska.gov

SEC. 1.07 SITE INSPECTION FOR REPRESENTATIVE PROJECT

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, conditions, and specifications of this ITB. The site may be inspected by contacting Greg Palmieri at greg.palmieri@alaska.gov.

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

If submitting a bid via email, the bid may be emailed to shawn.olsen@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.

mailto:shawn.olsen@alaska.gov mailto:shawn.olsen@alaska.gov mailto:greg.palmieri@alaska.gov mailto:greg.palmieri@alaska.gov

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If submitting bids using U.S. mail, or delivery service, bidders must submit one hard copy of their bid, in writing, to the Procurement Officer in a sealed package. The sealed bid package must be addressed as follows:

Department of Natural Resources Support Services Division

Attention: SHAWN M. OLSEN Invitation to Bid (ITB) Number: 2025-1000-0200

ITB Title: AS-NEEDED SILVICULTURE SERVICES NEAR HAINES, ALASKA 550 W 7th Avenue, Suite 1330

Anchorage, Alaska 99501

It is the bidder’s responsibility to contact the issuing agency at 1 (907) 269-8687 to confirm that the bid has been received. The State is not responsible for unreadable, corrupt, or missing attachments.

SEC. 1.09 ENROLLMENT IN IRIS

Bidders will be required to be enrolled in the State of Alaska’s Integrated Resource Information System (IRIS) database prior to award of a contract resulting from this ITB.

Enrollment can be done online at the following link: https://iris-vss.alaska.gov. Bidders who are not enrolled prior to award of a contract will be notified by the Procurement Officer.

Failure of a bidder to enroll in the IRIS database will delay award of the contract and may delay issuance of contract work.

SEC. 1.10 ASSISTANCE TO BIDDERS WITH A DISABILITY

The State of Alaska complies with Title II of the Americans with Disabilities Act of 1990.

Individuals with disabilities who may need auxiliary aids, services, and/or special modifications to submit a bid should contact the Procurement Officer no later than 10 days prior to the closing of the bid to make any necessary arrangements.

SEC. 1.11 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. 1.12 ADDENDUMS TO THE ITB

If an addendum is issued before the deadline for receipt of bids, the addendum will be posted on the State of Alaska Online Public Notice (OPN) website. The link to the posting of the addendum 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.

mailto:shawn.olsen@alaska.gov https://iris-vss.alaska.gov/ https://aws.state.ak.us/OnlinePublicNotices/default.aspx

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SEC. 1.13 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 Time.

ACTIVITY TIME DATE

Issue Date / ITB Released December 11, 2024 Deadline for Receipt of Questions 2:00 PM January 09, 2025 Deadline for Receipt of Bids / Bid Due Date 2:00 PM January 21, 2025 ANTICIPATED Bid Evaluations Complete January 21, 2025 ANTICIPATED Notice of Intent to Award January 21, 2025 ANTICIAPTED Contract Issued February 01, 2025

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 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. 1.14 PRE-BID CONFERENCE/TELECONFERENCE

Not applicable for this ITB.

SEC. 1.15 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. 1.16 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.

SEC. 1.17 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.

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SECTION 2. SCOPE OF WORK AND CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

The Department of Natural Resources, Division of Forestry & Fire Protection, is soliciting bids for As-Needed Silviculture Services near Haines, Alaska. Silviculture practices include, but are not limited to, pre-commercial thinning, weed control, tree planting, and tree removal. The Division of Forestry and Fire Protection will designate the lands on which silviculture practices are to occur.

Prior to starting any work, the Contractor will provide a work plan and budget detailing all costs.

DEFINITIONS

• ACRE: The measure of area used in land measurement equal to 43,560 square feet.

Acres in this contract are calculated on a horizontal plane.

• DAMAGED TREES: Trees with limb stobs longer than 1/4”, trees having cuts into the sap wood that cover a circumference larger than the largest diameter limb on the tree in question, or the removal of the limb collar (cutting too close to the bole of the tree) during the pruning of the limb.

• DBH: (Diameter at Breast Height) Diameter of tree trunk measured at a point 4.5 feet above the top of the root collar on the uphill side of the tree.

• DEFICIENT TREE: A tree which should not have been cut when a lesser quality tree was available to select as a leave tree, or tree not selected according to the technical specification requirements (such as a tree cut that should have been left to meet spacing/stocking requirements), or a leave tree that is excessively damaged by the prescribed operations (see Damaged Trees above).

• EXCESS TREE: A tree which does not meet leave tree specifications and should be cut, for example: a poor-quality tree left which leaves the area over stocked, a tree not completely severed from the stump, a cut tree leaning against a leave tree, and a tree stump with a live limb 4 inches above an obstruction, a tree not girdled if required, or a tree not treated as prescribed, is an excess tree.

• GIRDLING: A cut through the bark and cambium tissue below the lowest live branch completely encircling the tree trunk for the purpose of killing the excess tree. Girdling will consist of at least two cuts at least 4 inches apart which will each be at least 1/4-inch-wide, and 1 inch deeper than the inner bark depth.

• ITEM: A pay unit designated on the bid schedule as a lot and described by a contract specification.

• LEAVE TREE: Any live, healthy conifer tree that is selected or required to be left standing as prescribed in the silviculture operations scope of work.

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(a) REPRESENTATIVE PROJECT The representative project will require pruning of Sitka Spruce and Western Hemlock trees and related work in compliance with the terms, specifications, and provisions of this ITB.

The Contractor shall furnish all labor, equipment, supervision, lodging, transportation, operating supplies, and incidentals needed to complete the requirements of the work required and defined herein as Terms and Conditions and Additional Terms and Conditions.

The Division of Forestry & Fire Protection estimates the prescription stocking for Item(s) bid area(s) to be 120 trees per acre. This prescription stocking estimate represents the number of trees requiring pruning treatment, and as an estimate is to be used as a reference only. To determine stocking and subsequent pruning requirements, potential bidders are encouraged to visit the site and make their own estimates of stocking, as well as logistical requirements and operational constraints for the purpose of bidding.

(I) LOCATION AND ACCESS

The work area is located approximately 35 miles northwest of Haines, Alaska, within the Haines State Forest. The pruning lot is located within T27S R55E, Section 18, within the Copper River Meridian.

Located approximately 6.3 miles along the Kelsall 100 road from its intersection with the Mosquito Lake Road, the work area is east of the 100 road and north of the old Chilkat River crossing access road to the east. During the winter months a highway vehicle will typically be able to drive the Mosquito Lake Road to the junction of the Kelsall 100 Road. The Kelsall 100 Road is not plowed, and other modes of transportation may be required during winter months to access the work area.

1) GENERAL DIRECTIONS TO THE WORK AREAS

Turn North at 27-mile of the Haines highway onto the Mosquito Lake Road and after traveling approximately two miles on the Mosquito Lake Road, reaching the junction with the Kelsall 100 Road, turn left onto the gravel forest road (at this point you will need alternate transportation during the winter months). Drive approximately 6.3 miles along the Kelsall 100 road to a point which marks the intersection of the Kelsall 100 road and the historic Chilkat River crossing access road. Turn right toward the Chilkat River and travel for approximately .44 miles to the point along the road corresponding to the SW corner of Lot 31.

Logging spur roads adjacent to the lots may be overgrown with brush in places and/or blocked by fallen trees and may not be open for vehicle traffic, although foot or ATV access may be developed. Potential bidders must determine current access condition prior to bidding as well as develop and maintain the necessary access required to perform this work as contracted.

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The Kelsall 100 Road is a main State Forest Access Road and must remain open to other public and authorized users. The Contractor shall not restrict access or use of these roads by others as part of their operations under this contract.

Lot boundaries are the original harvest boundaries unless otherwise designated or marked on the ground with pink flagging by the State. If the boundary is a road, this boundary will be shown on the contract map but may not be flagged on the ground.

All areas within the Lot boundary shall be pruned per specifications contained in this contract.

(b) PREWORK MEETING After award of contract and prior to commencement of work, a pre-work meeting will be held at the Division of Forestry & Fire Protection’s Office in Haines, Alaska, or at some other mutually agreeable location. The Contractor or an authorized representative of the Contractor must attend this meeting. The parties to the contract will discuss the project, the contract terms, conditions, completion date, and the operating plan, which will be submitted by the Contractor to the state Project Manager.

(c) OPERATING PLAN The Contractor shall, at the pre-work meeting or within 10 calendar days prior to the expected work commencement date, prepare and submit to the State for approval a practicable operating plan. No work can proceed until written authorization is obtained from the State.

Authorization will be given after the State receives, reviews and accepts the operating plan.

(i) The plan will detail, as a minimum, the dates on which the Contractor intends to start work, the order in which the Contractor plans to perform the work, the expected rate of progress per day, the planned number of calendar days until completion of 50%, and 100% of the unit acreage. Failure to satisfactorily complete 50% of the contracted acreage by November 1, 2025, will be defined as unsatisfactory progress under this contract. In addition, the plan must show any plans for subcontracting, and the names and brief experience of all workers. If the Contractor fails to submit an operating plan within the time prescribed, the State shall withhold authorization of contract commencement until the Contractor submits the required operating plan.

(ii) In the event of an allowable work stoppage exceeding 90 days in length, the Contractor shall submit an additional operating plan for the remaining portion of the item yet to be completed. All requirements of the original operating plan must be detailed in the supplementary operating plan as well. The State must approve the supplementary operating plan prior to the Contractor commencing operations after an allowable work stoppage.

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(d) SELECTION OF TREES Item/Lot Estimated Quantity (Acres) Year Logged Est. Trees/Acre 1/Lot 31 15 1966-72 120

Sitka Spruce trees greater than 9.9 inches DBH and less than 18.0 inches DBH (10.0” to 17.9”), and all Western Hemlock trees greater than 10.0 inches DBH must be pruned according to contract specifications.

(e) HEIGHT OF PRUNING LIFT Trees will be pruned to a minimum height of 17 feet from the ground or top of the root collar, whichever is higher on the bole of the tree to be treated:

(i) not to exceed 50% of the live crown.

If this is not possible due to tree shape, the tree shall be pruned to a height of not less than 13 feet above the ground or root collar, whichever is higher on the bole of the tree to be treated:

(ii) not to exceed 50% of the total tree height.

If this is not possible, the tree shall be considered not suitable to be pruned and therefore may be left untreated. This tree type will not be counted as deficient during inspection of work.

(f) PRUNING METHOD Trees shall be pruned with tools designed to achieve the required tree limb removal without damage to the tree. All limbs within the lift reach, dead or alive, shall be cut within .25” of the limb collar without damaging the limb collar or the bole of the tree. Never remove the limb by cutting flush with the bole of the tree when a limb collar is present. Also, no limb stob protruding from the limb collar longer than .25” (inches) shall be accepted. Illustrations of this requirement may be provided by the Division of Forestry & Fire Protection at the pre-work meeting.

(g) SLASH TREATMENT The Contractor shall immediately remove slash that results from pruning operations in the following areas:

(i) Slash on roads, which are identified on the contract map, and the associated ditches and uphill cut banks,

(ii) Slash located in a stream, or within five horizontal feet from a stream identified on the contract map,

(iii) Slash on or within 10 horizontal feet of all culverts and bridges,

(iv) Slash on or within five horizontal feet of survey monuments or property corners.

Removal of this slash means to remove it from these immediate areas and place it where it will not reenter the above stated areas.

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(h) STATE INSPECTION AND ACCEPTANCE The State will have an authorized agent who will inspect work quality and quantity. If inspections reveal unsatisfactory contract performance as defined in this contract, the State will notify the Contractor in writing of the unsatisfactory work quality and/or quantity.

The Contractor, or Contractor's designated representative, is encouraged to observe the inspection and shall receive written inspection reports upon request.

Sufficient plots within each area will be measured by the State so at least 0.5% (½ of 1 %) of the pruned acreage is inspected.

Plots will be randomly located and identified with plastic flagging. Inspections will be made using fixed radius plots of 1/50th acre with a radii of 16.65 feet.

The State Project Manager shall record the following information for each plot:

(i) Lot and plot number,

(ii) Number of trees in plot,

(iii) Number of trees specified for treatment,

(iv) Number of unpruned or damaged trees (i.e., “excess or deficient”),

(v) Number of acceptable pruned trees.

(i) QUALITY OF WORK CALCULATION Work quality will be calculated from field data collected as listed in ‘State Inspection and Acceptance’ for each lot. The formula that will be used to calculate pruning work quality is as follows:

T = Total trees specified for treatment.

U = Unacceptable:

• trees greater than DBH left unpruned (excess),

• trees pruned incorrectly (deficient).

1 - (U/T) X 100 = Pruning Quality Percent

Example: 10 plots established with 18 trees specified for treatment with one tree deficient and one tree excess.

1 - (2/18) X 100 = 88.9% Pruning Quality

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(j) INSEPCTIONS Authorized agents of the State shall have access to the contract area at all times.

(i) At all times when pruning operations are in progress, the Contractor shall have a representative readily available to the area of operations who will be authorized to receive, on behalf of the Contractor, any notices and instructions given by authorized State personnel in regard to performance under this contract, and to take such action thereon as is required by the terms of this contract. The State shall perform inspections and tests in a manner that will not unduly delay the work.

(ii) If any of the services are in noncompliance with contract requirements, the State, in writing, may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by rework, the State shall;

1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements,

2) reduce the contract price to reflect the reduced value of the services performed or withhold payment for the area in noncompliance [see Section 3: Basis of Payment,

(ii) If the Contractor fails to promptly perform the services again as directed in writing, or to take the necessary actions to ensure future performance shall be in compliance with contract requirements, the State shall;

1) by contract or otherwise, satisfactorily complete the services and charge to the Contractor any cost incurred by the State that is directly related to the performance of such service, or;

2) terminate the contract.

(k) UNSATISFACTORY WORK The State agent shall notify the Contractor in writing if an inspection reveals unsatisfactory contract performance. Future performance must be raised to acceptable standard, or the contract shall be in default and the contract may be terminated.

(i) The State agent shall notify the Contractor in writing if an inspection reveals unsatisfactory contract performance. Unsatisfactory Work will be considered either a failure in performance quality, quantity or both. Future performance must be raised to meet or exceed the specifications outlined herein as well as the progress agreed to in the Operating Plan (see 3. Operating Plan) or the Contractor will be in default and the State shall terminate the contract.

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(ii) When work quality is less than 76% and the State determines that work quality can be increased by reworking an area, the Contractor must rework the area. No other area within the unit shall be worked on until a failed inspection area is satisfactorily completed. Rework shall continue until the work quality for the item increases to at least 76%, or until the State determines the work quality cannot be increased with additional work. Failure to complete rework to the State's satisfaction will be considered default and the State shall terminate the contract.

(iii) If, in the judgment of the State, the Contractor falls behind the approved schedule outlined in the Operating Plan, the Contractor shall take those steps necessary to attain satisfactory progress, including those that may be required by the State, without additional cost to the State. In this circumstance, the State shall require the Contractor to submit for approval a supplementary operating plan or plans detailing how the approved rate of progress will be gained. If the Contractor is unable to progress satisfactorily according to the supplementary operating plan, the State shall consider the Contractor in default and the State shall terminate the contract.

(iv) Failure of the Contractor to comply with the requirements of the State under this Section will be grounds for a determination by the State that the Contractor is not making satisfactory progress towards contract completion within the time specified in the contract or the operating plan. Upon making this determination, the State shall terminate the contract, or any separable part of the remaining obligation. At the discretion of the State, payment to the Contractor for work completed at the time of contract termination may be no less than 50% and no more than 80% of the contract value of the acreage worked and identified as “satisfactory work completed” at that time.

(l) COMPLETION OF WORK The Contractor shall begin work in one location within a lot and continue so there is only one enlarging area of completed work. Separate areas within a lot will not be inspected until the entire lot is completed. The Contractor shall proceed in an orderly manner and once a lot is started, unless otherwise approved in advance by the State, must complete that lot before starting on other lots.

All work under this contract must be performed in a skillful and responsible manner and must be completed by April 1, 2026. The State shall require, in writing, that the Contractor remove from the work area any employee or individual subcontractor that the State deems incompetent, careless, or otherwise objectionable. Failure by the Contractor to comply with such written requirement may result in termination of the contract.

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(m) CONTRACTOR’S REPRESENTATIVE It is required that the Contractor have an authorized representative available on the project during the Contractor's absence and that the representative be able to communicate with DNR. When authorizing a representative, the Contractor shall furnish a copy of the authorization in writing to the State Project Manager. Such authorization shall clearly indicate the name and limitations (if any) of authority of the representative.

(n) ASSIGNMENT OR SUBCONTRACTOR If using a Subcontractor, the Contractor shall furnish sufficient evidence that the subcontractor is experienced and equipped for such work.

Moreover, the written request shall be specific in indicating which separable, identifiable, and measurable portion of the project is to be subcontracted. Written consent will not be construed as approval of a subcontract but rather an approval to subcontract a specific portion of the project to a specific entity.

(o) NOTIFICATION The Contractor shall notify the State at least 48 hours prior to leaving the project area for 5 or more consecutive calendar days and notify the State 24 hours prior to returning to the project area. If the Contractor fails to give notice as required under this section, the State shall consider the contract abandoned and will place the Contractor in danger of default and contract termination.

(p) ALTERATION OF DETAILS The State reserves the right to make, at any time during the contract, minor changes or alterations of the lot boundaries as the State determines to be necessary or desirable.

However, the changes or alterations shall not change the character of the work to be done, nor increase the cost thereof unless the cost increase is approved in writing by the Contractor. The Contractor agrees to do the work as changed or altered as if it had been a part of the original contract. Any changes or alterations so made shall not invalidate this contract.

(q) BASIS OF PAYMENT The State shall make partial payments monthly for pruning that meets the minimum acceptable standards, or at intervals as determined by the State from estimates of work accomplished which meets the minimum acceptable standards of the contract, and;

(i) Payment shall be based upon quantity and quality of work completed at the time of an inspection. The amount of work completed will be based upon horizontal acreage measurements. Progress payments will be 80% of the amount of satisfactory work completed until the final inspection approves the completion of the entire Lot.

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(ii) Full payment of 100% of the lot price shall be made for work inspected which receives 87% or greater work quality as determined in the inspection procedures.

(iii) When work quality is between 87% and 76%, the Contractor has the following payment options:

1) If the quality of work is at least 76%, the Contractor can receive payment directly proportional to that inspection result (e.g. 78% work quality would receive 78% of the lot bid per acre).

2) If the quality is less than 76%, the Contractor must rework a lot/area, so the quality of work is increased to at least 76% to receive partial payment. If the State determines that work quality cannot be increased or has not been reworked to at least 76% quality, then no payment for that area shall be made by the State.

(iv) If the State finds that satisfactory progress on lot completion has not been made during a period when payment is to be made, the State shall retain 50 percent of the amount of the payment until satisfactory progress is achieved.

(v) Funding is limited and the total amount to complete all items may not be available at time of award. The State reserves the right to issue partial or multiple awards.

SEC. 2.02 CONTRACT TERM

The length of the contract will be from the date of award, for approximately five years until approximately June 30, 2030.

Other projects under this ITB and resulting contract may be awarded at any time with project-specific work schedules.

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

The resulting contract will be a Master Agreement (MA) and will be a Term Contract. The dollar amount shown on the MA will be the maximum dollar amount to be spent for all services provided under the agreement. The State does not guarantee a minimum or maximum number of services to be provided, or dollar amount to be spent under any contract resulting from this ITB. Future projects will be awarded through Task Order Solicitations using the process set by Sec. 4.14 TASK ORDER SOLICITATION AND DELIVERY

ORDER PROCESS.

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SEC. 2.04 PAYMENT FOR STATE PURCHASES

No payment will be made until the contract is approved by the Commissioner of the Department of Natural Resources or the Commissioner's designee. Under no conditions will the State be liable for the payment of any interest charges associated with the cost of the contract. The State is not responsible for and will not pay federal, state or taxes. All costs associated with the contract must be stated in U.S. currency.

Payment for agreements under $500,000.00 for the undisputed purchase of goods or services provided to a state agency, will be made within 30 days of the receipt of a proper billing or the delivery of the goods or services to the location(s) specified in the agreement, whichever is later. A late payment is subject to 1.5% interest per month on the unpaid balance. Interest will not be paid if there is a dispute or if there is an agreement that establishes a lower interest rate or precludes the charging of interest.

SEC. 2.05 ELECTRONIC PAYMENTS

The State of Alaska prefers vendors receive payment via Electronic Funds Transfer (EFT).

Bidders may review information concerning the EFT process and access the Electronic Payment Agreement Form for Vendors at the following link: https://doa.alaska.gov/dof/vendor.html.

Method of payment is not a factor in the State’s determination for award.

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

SEC. 2.06 PROMPT PAYMENT FOR STATE PURCHASES

Not applicable for this ITB.

SEC. 2.07 CONTRACT PRICE ADJUSTMENTS

Not applicable for this ITB.

SEC. 2.08 CONTRACT ADMINISTRATION

The administration of this contract is the responsibility of the Procurement Officer or person appointed by the Department of Natural Resources, Division of Forestry & Fire Protection.

SEC. 2.09 CONTRACT PERFORMANCE LOCATION

The location(s) the work is to be performed, completed, and managed will be within the Haines State Forest.

The State WILL NOT provide workspace for the Contractor. The Contractor must provide its own workspace.

The Contractor should include in their bid price: transportation, lodging, and per diem costs sufficient to pay for appropriate number person(s) to make the necessary number of trip(s) to work location(s). Travel to other locations outside of the designated work location(s) will not be required.

https://doa.alaska.gov/dof/vendor.html

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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. 2.10 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. 2.11 SUBCONTRACTORS

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

Subcontractor experience SHALL be considered in determining whether the bidder meets the requirements set forth in SEC. 1.04 PRIOR EXPERIENCE.

If a bid with subcontractors is selected, the bidder must provide the following information concerning each prospective subcontractor within five working days from the date of the State's request:

• complete name of the subcontractor;

• complete address of the subcontractor;

• type of work the subcontractor will be performing;

• percentage of work the subcontractor will be providing;

• evidence that the subcontractor holds a valid Alaska business license; and

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

A bidder's failure to provide this information, within the time set, may cause the State to consider their bid non-responsive and reject it.

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

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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 INSPECTION & MODIFICATION - REIMBURSEMENT FOR

UNACCEPTABLE DELIVERABLES

The Contractor is responsible for providing all products or the completion of all work set out in the contract. All products or work is 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. 2.14 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 2.15 F.O.B. POINT

Not applicable for this ITB.

SEC. 2.16 EQUIPMENT INSPECTION

Not applicable for this ITB.

SEC. 2.17 SHIPPING DAMAGE

Not applicable for this ITB.

SEC. 2.18 NEW EQUIPMENT

Not applicable for this ITB.

SEC. 2.19 REMANUFACTURED/RECONDITIONED EQUIPMENT

Not applicable for this ITB.

SEC. 2.20 LEMON CLAUSE

Not applicable for this ITB.

SEC. 2.21 DISCONTINUED ITEMS

Not applicable for this ITB.

SEC. 2.22 LIQUIDATED DAMAGES

Not applicable for this ITB.

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SEC. 2.23 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. 2.24 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. 2.25 BILLING INSTRUCTIONS

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

Contract number and title;

Identification of the billing period;

An itemized listing of deliverables and charges for the invoiced period;

Total amount billed;

Date invoice was submitted for payment;

Entity name, contact information, and Alaska vendor number.

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. 2.26 ESTIMATED QUANTITIES

The services are as-needed, and the budget amount is an estimate only and does not represent a work commitment. When there is a need for silviculture services, and funds become available the Project Manager will email the Contractor a Task Order solicitation, which will provide a more defined scope of work, specific deliverables, and deliverable due dates. The State does not guarantee a minimum or maximum number of services to be provided or dollar amount to be spent under any contract resulting from this ITB.

SEC. 2.27 WARRANTY

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SEC. 2.28 NONDISCLOSURE AND CONFIDENTIALITY

The Contractor agrees that all confidential information shall be used only for purposes of providing the deliverables and performing the services specified herein and shall not disseminate or allow dissemination of confidential information except as provided for in this section. The Contractor shall hold as confidential and will use reasonable care (including both facility physical security and electronic security) to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, the confidential information. “Reasonable care” means compliance by the Contractor with all applicable federal and state law, including the Social Security Act and HIPAA. The Contractor must promptly notify the State in writing if it becomes aware of any storage, disclosure, loss, unauthorized access to or use of the confidential information.

Confidential information, as used herein, means any data, files, software, information or materials (whether prepared by the State or its agents or advisors) in oral, electronic, tangible or intangible form and however stored, compiled or memorialized that is classified confidential as defined by State of Alaska classification and categorization guidelines provided by the State to the Contractor or a contractor agent or otherwise made available to the Contractor or a contractor agent in connection with this contract, or acquired, obtained or learned by the Contractor or a contractor agent in the performance of this contract.

Examples of confidential information include, but are not limited to: technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data (infrastructure, architecture, operating systems, security tools, IP addresses, etc.).

If confidential information is requested to be disclosed by the Contractor pursuant to a request received by a third party and such disclosure of the confidential information is required under applicable federal or state law, regulation, governmental or regulatory authority, the Contractor 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;…