ITB 2025-1000-0240 As-Needed Pre-Commercial Thinning and Silviculture Services.pdf

REV. 8/24

STATE OF ALASKA

INVITATION TO BID (ITB)

ITB 2025-1000-0240

AS-NEEDED PRE-COMMERCIAL THINNING, AND SILVICULTURE

SERVICES

ISSUED JANUARY 3, 2025

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

PROCUREMENT OFFICER: COMPANY SUBMITTING BID

Shawn M. Olsen

PHONE: 1 (907) 269-8687 AUTHORIZED SIGNATURE

EMAIL: shawn.olsen@alaska.gov

PRINTED NAME

DATE

mailto:shawn.olsen@alaska.gov

STATE OF ALASKA – INVITATION TO BID (ITB) ITB 2025-1000-0240

AS-NEEDED PRE-COMMERCIAL THINNING, AND SILVICULTURE SERVICES

REV. 11/24

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 AND MINIMUM REQUIREMENTS

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 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 SUPPORTING INFORMATION

SEC. 1.16 ALTERNATE BIDS

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 REPRESENTATIVE PROJECT

SEC. 2.03 CONTRACT TERM

SEC. 2.04 CONTRACT TYPE

SEC. 2.05 PAYMENT FOR STATE PURCHASES

SEC. 2.06 ELECTRONIC PAYMENTS

SEC. 2.07 PROMPT PAYMENT FOR STATE PURCHASES

SEC. 2.08 CONTRACT ADMINISTRATION

SEC. 2.09 CONTRACT PRICE ADJUSTMENTS

SEC. 2.10 CONTRACT PERFORMANCE LOCATION

SEC. 2.11 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

SEC. 2.12 SUBCONTRACTORS

SEC. 2.13 JOINT VENTURES

SEC. 2.14 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 2.15 F.O.B. POINT

SEC. 2.16 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES 21

SEC. 2.17 EQUIPMENT INSPECTION

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 SHIPPING DAMAGE

SEC. 2.24 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

SEC. 2.25 CONTINUING OBLIGATION OF CONTRACTOR

SEC. 2.26 BILLING INSTRUCTIONS

SEC. 2.27 ESTIMATED QUANTITIES

SEC. 2.28 WARRANTY

SEC. 2.29 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 2.30 INDEMNIFICATION

SEC. 2.31 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 CONTRACTOR SITE INSPECTION

SEC. 5.10 WORKMANSHIP AND MATERIALS

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

SECTION 6. ATTACHMENTS

SEC. 6.01 ATTACHMENTS

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 contractors to provide as-needed pre-commercial thinning, and silviculture services in remote locations in Southeast Alaska. All bidders meeting the Prior Experience and Minimum Requirement in Sec. 1.04 will be awarded a contract from this ITB. The bidder with the lowest cost will be awarded the Task Order associated with Section 2.02 Representative Project.

SEC. 1.02 BUDGET

The Department of Natural Resources, Division of Forestry & Fire Protection, estimates a budget of $3,000,000.00 for completion of future projects. Bids priced at more than $211,000.00 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 pre-commercial thinning and/or 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 February 14, 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 AND MINIMUM REQUIREMENTS

In order for a bid to be considered responsive the bidder must meet these prior experience and minimum 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 silvicultural practices and pre-commercial thinning services in remote locations, with a crew that can:

o determine tree species, and gauge tree health, o accurately leave residual trees to a desired tree/acre count, and o Knowledge of fire protection, and able to maintain firefighting tools in the operating area.

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

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

Bidder must certify that they meet the Prior Experience and Minimum Requirements in Attachment 5, Bid Submission Cover Sheet.

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 February 04,2025, 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

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 MARK BARRY at mark.barry@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.

mailto:shawn.olsen@alaska.gov mailto:shawn.olsen@alaska.gov mailto:mark.barry@alaska.gov mailto:mark.barry@alaska.gov

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 providing 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.

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: 2025-1000-0240

ITB Title: AS-NEEDED PRE-COMMERCIAL THINNING, AND SILVICULTURE SERVICES 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.

mailto:shawn.olsen@alaska.gov https://iris-vss.alaska.gov/

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.

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 N/A January 03, 2025 Deadline for Receipt of Questions 2:00 PM February 04, 2025 Deadline for Receipt of Bids / Bid Due Date 2:00 PM February 14, 2025 ANTICIPATED Bid Evaluations Complete N/A February 14, 2025 ANTICIPATED Notice of Intent to Award N/A February 17, 2025 ANTICIPATED Contract Issued N/A March 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 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. 1.16 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. 1.17 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.

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 pre-commercial thinning and silviculture services in remote locations in Southeast, Alaska. Silviculture practices include, but are not limited to, pre-commercial thinning, slash treatment, weed control, tree planting, tree pruning, and tree removal. The Division of Forestry and Fire Protection will designate the lands on which silviculture practices are to occur. Future Task Order solicitation for silviculture services will prescribe more specific detail in the scope of work.

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

(a) 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 Ketchikan, 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.

(b) 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 25%, 50%, 75% and 100% of the unit acreage. Failure to satisfactorily complete work within the timeframes submitted in the operating plan 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.

(c) SELECTION OF LEAVE TREES

(i) The Contractor shall identify leave trees using the criteria as ordered in ‘Leave Tree

Criteria.’ Leave trees shall not be pruned or damaged.

(ii) Leave and excess trees are unmarked. The State reserves the right to designate leave trees in any portion of the work area.

(d) LEAVE TREE CRITERIA

(i) The first criterion for the selection of leave trees shall be the spacing, the second criterion shall be health and form, the third species, and fourth shall be height.

(ii) Leave trees shall be selected by examining the availability of the best tree in terms of health and form, within the spacing limitations. If trees of different species have comparable form and vigor, then the Contractor shall select the leave trees based on the order of preference in (vi) of this section. Finally, the tallest tree within that group shall be selected and retained as the leave tree. If at any time one of these criteria is not met, then the examination and selection process shall start over with the next closest tree in terms of priority.

(iii) Leave trees shall be spaced as specified for each unit in this contract. Leave trees shall not be closer or farther than the specified distance to another leave tree, unless there are no other acceptable leave trees. The specified leave tree spacing distance may vary by up to 40 percent (e.g., plus or minus 5.2 feet variation with 13' X 13' spacing). This spacing variation is permitted due to the inherent variability of natural tree spacing so that the most desirable tree can be left. However, spacing control as close as possible to the desired spacing shall be maintained, and the number of leave trees per acre shall not be increased or decreased more than 10%.

(iv) Except for alders, all trees with a DBH of 5 inches or greater shall be retained and will not be considered as either excess trees or as leave trees beyond the one needed to make spacing requirements.

(v) Tree health and form shall be used after spacing. Healthy leave trees do not have evidence of disease or insects. Healthy trees are usually obvious by the absence of brown foliage, swollen irregular branching (mistletoe), fluting or animal or mechanical damage to stems and branches. Animal or mechanical damage to the stem or branches will not be allowed in leave trees. Trees with desirable form shall have one straight main stem without multiple tops.

(vi) Cedar (Alaska yellow, western red) shall be the first choice for leave tree species. Sitka spruce shall be the second choice. Western or mountain hemlock shall be the third choice. No other species shall be a leave tree.

(vii) The tallest trees meeting all previous characteristics shall be selected as leave trees.

(e) CUTTING SPECIFICATIONS FOR EXCESS TREES

(i) Excess trees over 2 feet in height shall be cut. Excess trees with a DBH less than 5 inches shall be cut below the lowest live branch or no higher than four inches above a natural obstacle. Stump height shall be less than 12”. Excess trees will be completely severed from the stump. Pruning of live branches to increase the height of the severing cut or stem girdling will not be permitted.

(ii) Excess alder trees with a stump diameter greater than 7 inches may be cut or girdled only if badly damaged, scarred or deteriorating. All trees within 50 feet of the road edge shall be cut, not girdled. Girdling shall consist of two saw cuts not less than two inches apart. Each cut shall have one quarter inch minimum width, one half inch minimum depth, shall completely sever the cambium layer around the entire tree and must be below the lowest live limb.

(iii) All live alder 50 % or greater in height than the crop tree canopy shall be cut or girdled if over 7” DBH.

(f) SLASH TREATMENT Excess trees that are cut shall not be left leaning against a leave tree. The Contractor shall immediately remove slash that results from thinning 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 5 horizontal feet of the upper bank of a stream,

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

(iv) Slash on or within 5 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 re-enter the above stated areas.

(g) 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 thinned 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 radius of 16.65 feet.

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

(i) Unit and plot number,

(ii) Number of leave trees which should have been left,

(iii) Number of leave trees per plot,

(iv) Number of excess or deficient trees,

(v) Number of acceptable leave trees.

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

1 − � 𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁 𝑜𝑜𝑜𝑜 𝐸𝐸𝐸𝐸𝐸𝐸𝑁𝑁𝐸𝐸𝐸𝐸 𝑇𝑇𝑁𝑁𝑁𝑁𝑁𝑁𝐸𝐸+𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁 𝑜𝑜𝑜𝑜 𝐷𝐷𝑁𝑁𝑜𝑜𝐷𝐷𝐸𝐸𝐷𝐷𝑁𝑁𝐷𝐷𝐷𝐷 𝑇𝑇𝑁𝑁𝑁𝑁𝑁𝑁𝐸𝐸 𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁 𝑜𝑜𝑜𝑜 𝐿𝐿𝑁𝑁𝐿𝐿𝐿𝐿𝑁𝑁 𝑇𝑇𝑁𝑁𝑁𝑁𝑁𝑁𝐸𝐸 𝑊𝑊ℎ𝐷𝐷𝐸𝐸ℎ 𝑆𝑆ℎ𝑜𝑜𝑁𝑁𝑜𝑜𝑜𝑜 𝐻𝐻𝐿𝐿𝐿𝐿𝑁𝑁 𝐵𝐵𝑁𝑁𝑁𝑁𝐷𝐷 𝐿𝐿𝑁𝑁𝑜𝑜𝐷𝐷

� 𝑋𝑋 100 = % 𝑇𝑇ℎ𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖 𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑖𝑖𝑄𝑄𝑄𝑄

Example: 10 plots established for a total of 50 leave trees which should have been left. One tree is found deficient and two trees in excess.

1 - (3/50) X 100 = 94.0% Thinning Quality

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

(i) At all times when pre-commercial thinning 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,

(iii) 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.

(j) 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 or the Contractor will be in default and the State shall terminate the contract.

(ii) When work quality is less than 80% 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 80%, 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.

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

All work under this contract must be performed in a skillful and responsible manner and must be completed by September 1, 2025. 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.

(l) 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.

(m) 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.

(n) 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.

(o) ALTERATION OF DETAILS The State reserves the right to make, at any time during the contract, minor changes or alterations of the unit 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.

(p) BASIS OF PAYMENT The State shall make partial payments monthly for thinning 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 item.

(ii) Full payment of 100% of the item price shall be made for work inspected which receives 85% or greater work quality as determined in the inspection procedures.

(iii) When work quality is between 80% and 85%, the Contractor has the following payment options:

1) If the quality of work is at least 80%, the Contractor can receive payment directly proportional to that inspection result (e.g. 82% work quality would receive 82% of the item bid per acre).

2) If the quality is less than 80%, the Contractor must rework an item/area, so the quality of work is increased to at least 80% to receive partial payment. If the State determines that work quality cannot be increased or has not been reworked to at least 80% quality, then no payment for that area shall be made by the State. If there are no applicable trees within a certain work area, this clause will not apply.

(iv) If the State finds that satisfactory progress on item 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.

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.

(q) 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.

• 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 item designated on the bid schedule 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.

• SLASH: Limbs over one inch in diameter and tree trunks cut as part of this contract.

• SPACING: The horizontal distance from the trunk of one leave tree to the trunk of the next nearest leave tree. The distance between leave trees necessary to provide the desired number of leave trees per acre.

SEC. 2.02 REPRESENTATIVE PROJECT

The representative project will require pre-commercial thinning of Cedar (Alaska yellow, western red), Sitka Spruce, and Western Hemlock trees, slash treatment, 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 work required and defined herein as Terms and Conditions and Additional Terms and Conditions.

FINAL STOCKING AFTER THINNING

Item Location Acreage Final Stocking Desired Spacing 1 Coffman Cove, Unit 1 91 acres 257 trees/acre 13x13

2 Coffman Cove, Unit 2 120 acres 257 trees/acre 13x13

The Division of Forestry & Fire Protection supplies no estimates of current stocking. To determine stocking and subsequent pre-commercial thinning 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 3.8 miles west of the community of Coffman Cove, Alaska on the 3030500 Road. Coffman Cove is located on the east coast of Prince of Wales Island (POW). Unit 1 is legally defined as being within Sections 4 and 9, and Unit 2 within Section 4, of T68S, R81E, Copper River Meridian. Access to the work area is by the POW road system.

1) GENERAL DIRECTIONS TO THE WORK AREAS

Turn Northeast onto USFS 3030000 (Coffman Cove Rd) from State Highway FH43 (North Prince of Wales Road). Continue on USFS 3030000 for 17.0 miles towards Coffman Cove. Turn left onto USFS 3030500 and continue 0.7 miles to Unit 1.

Alternatively, turn South onto USFS 3030000 from the community of Coffman Cove.

Continue on USFS 3030000 for 2.9 miles. Turn right onto USFS 3030500 and continue 0.7 miles to Unit 1.

Logging spur roads adjacent to the units 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.

The 3030500 Road is a US Forest Service 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.

SEC. 2.03 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. 2.04 CONTRACT TYPE

The resulting contracts will be Master Agreements (MAs) and will be a Term Contracts. The dollar amount shown on the MAs 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.

SEC. 2.05 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. 2.06 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. 2.07 PROMPT PAYMENT FOR STATE PURCHASES

Not applicable for this ITB.

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

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 PRICE ADJUSTMENTS

Not applicable for this ITB.

SEC. 2.10 CONTRACT PERFORMANCE LOCATION

The location(s) the work is to be performed, completed, and managed will be in remote locations, in Southeast Alaska, within State forests.

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.

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. 2.11 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. 2.12 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 NOT be considered in determining whether the bidder meets the requirements set forth in SEC. 1.04 PRIOR EXPERIENCE AND MINIMUM

REQUIREMENTS.

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.

SEC. 2.13 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 2.14 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. 2.15 F.O.B. POINT

Not applicable for this ITB.

SEC. 2.16 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. 2.17 EQUIPMENT INSPECTION

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.

SEC. 2.23 SHIPPING DAMAGE

Not applicable for this ITB.

SEC. 2.24 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. 2.25 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. 2.26 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. 2.27 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 pre-commercial thinning or 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. 2.28 WARRANTY

Not applicable for this ITB.

SEC. 2.29 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.