ITB 2025-1000-0347 250HP Outboard Motors.pdf

REV. 8/24

STATE OF ALASKA

INVITATION TO BID (ITB)

ITB 2025-1000-0347

250HP OUTBOARD MOTORS

ISSUED MAY 9, 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.

NAME

TAMRA CZERNY

COMPANY SUBMITTING BID

*DOES YOUR BUSINESS QUALIFY FOR THE

ALASKA BIDDER’S PREFERENCE?

[ ] YES [ ] NO

Phone: 1 (907) 269-8665 TDD/TTY: 711 (Alaska Relay)

AUTHORIZED SIGNATURE

*DOES YOUR BUSINESS QUALIFY FOR THE

ALASKA VETERAN PREFERENCE?

[ ] YES [ ] NO

PRINTED NAME

*SEE ITB FOR EXPLANATION OF CRITERIA

TO QUALIFY

Email:

tamra.czerny@alaska.gov

DATE

TELEPHONE NUMBER

ALASKA BUSINESS LICENSE NUMBER

VENDOR NUMBER

E-MAIL ADDRESS

mailto:tamra.czerny@alaska.gov

STATE OF ALASKA – INVITATION TO BID (ITB) ITB 2025-1000-0347

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 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 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 ADMINISTRATION

SEC. 2.08 CONTRACT PRICE ADJUSTMENTS

SEC. 2.09 CONTRACT PERFORMANCE LOCATION

SEC. 2.10 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

SEC. 2.11 SUBCONTRACTORS

SEC. 2.12 JOINT VENTURES

SEC. 2.13 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 2.14 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 2.15 EQUIPMENT INSPECTION

SEC. 2.16 NEW EQUIPMENT

SEC. 2.17 REMANUFACTURED/RECONDITIONED EQUIPMENT

SEC. 2.18 PARTS BOOK(S) AND MAINTENANCE MANUAL(S)

SEC. 2.19 F.O.B. POINT

SEC. 2.20 WARRANTY

SEC. 2.21 LEMON CLAUSE

SEC. 2.22 DISCONTINUED ITEMS

SEC. 2.23 LIQUIDATED DAMAGES

SEC. 2.24 SHIPPING DAMAGE

SEC. 2.25 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

SEC. 2.26 CONTINUING OBLIGATION OF CONTRACTOR

SEC. 2.27 BILLING INSTRUCTIONS

SEC. 2.28 ESTIMATED QUANTITIES

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 CONTRACTOR SELECTION 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)

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 Parks and Outdoor Recreation is soliciting bids for four 250hp outboard motors for two separate vessels located in Seward and Homer, Alaska. The successful contractor must remove the existing outboards and install the new outboards.

SEC. 1.02 BUDGET

The Department of Natural Resources, Division of Parks and Outdoor Recreation, estimates a budget of $140,000.00 dollars for completion of this project. Bids priced at more than $140,000.00 will be considered non-responsive.

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

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

Bids must be received no later than 2:00 PM Alaska Time on May 30, 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 MINIMUM REQUIREMENTS

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

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

• The bidder must sell and service outboard motors.

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

Bidder must check box on line 4 of attachment 5 BID SCHEDULE, certifying the bidder meets the minimum requirements.

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.

The deadline to receive questions is May 19, 2025, by 2:00 PM Alaska Time.

Procurement Officer: TAMRA CZERNY – PHONE 1 (907) 269-8665 –TDD/TTY: 711 (Alaska Relay); EMAIL: tamra.czerny@alaska.gov

SEC. 1.07 SITE INSPECTION

Not applicable to this ITB.

SEC. 1.08 RETURN INSTRUCTIONS

If submitting a bid via email, the bid may be emailed to tamra.czerny@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.

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: TAMRA CZERNY

Invitation to Bid (ITB) Number: 2025-1000-0347 ITB Title: 250HP OUTBOARD MOTORS

550 W 7th Avenue, Suite 1330 Anchorage, Alaska 99501

It is the bidder’s responsibility to contact the issuing agency at 1 (907) 269-8665 to confirm that the bid has been received. The State is not responsible for unreadable, corrupt, or missing attachments.

mailto:tamra.czerny@alaska.gov mailto:tamra.czerny@alaska.gov

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 the award of a contract will be notified by the Procurement Officer.

Failure of a bidder to enroll in the IRIS database will delay the 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 by 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 May 09, 2025 Deadline for Receipt of Questions 2:00 PM May 19, 2025 Deadline for Receipt of Bids / Bid Due Date 2:00 PM May 30, 2025 ANTICIPATED Bid Evaluations Complete Week of June 02, 2025 ANTICIPATED Notice of Intent to Award Week of June 02, 2025 ANTICIPATED Contract Issued Week of June 09, 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.

https://iris-vss.alaska.gov/

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.

SECTION 2. SCOPE OF WORK AND CONTRACT INFORMATION

SEC. 2.01 SCOPE OF WORK

The Department of Natural Resources, Division of Parks and Outdoor Recreation, is soliciting bids for four (two pair) of outboard motors as replacements for two separate vessels. Both boats are Munson Landing Crafts, one 28 feet in length and one 30 feet in length. One boat is in Seward, Alaska and the other in Homer, Alaska. Boats can be trailered to the successful bidder for installation.

• Outboard motors must be 250HP, 25-inch lower unit outboards with one standard rotation and one counterrotating per pair and have associated tilt/trim, throttle, steering components, tachometers and stainless steel propellors for functional use.

• Outboard motors must be the same for each vessel.

• Acceptable motor brands: Yamaha, Honda, or Suzuki outboards or State approved equivalent.

• Installation includes the removal of current outboard motors, associated tilt/trim, throttle, steering components, tachometers and installation of the new outboard motors, associated tilt/trim, throttle, steering components, tachometers and propellors.

SEC. 2.02 CONTRACT TERM

The length of the contract will be from the date of the award, until completion, approximately June 30, 2025.

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 firm, fixed-priced contract.

SEC. 2.04 PAYMENT FOR STATE PURCHASES

No payment will be made until the contract is approved by the Commissioner of the Department of 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. 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 to 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: 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 ADMINISTRATION

The administration of this contract is the responsibility of the Procurement Officer or person appointed by the Department of Natural Resources, Alaska Mental Health Trust Land Office.

SEC. 2.08 CONTRACT PRICE ADJUSTMENTS

Not applicable for this ITB.

SEC. 2.09 CONTRACT PERFORMANCE LOCATION

The location(s) the work is to be performed, completed, and managed is the Contractor’s place of business.

The state will not provide workspace for the Contractor. The Contractor must provide its own workspace.

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

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

The request must include a detailed description of the portion of work that will be performed outside the United States, where, by whom, and the reason the waiver is necessary.

Failure to comply with these requirements may cause the State to reject the bid as non-responsive or cancel the contract.

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

SEC. 2.10 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

Because of the additional administrative and accounting time required by 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 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 rendering 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. 2.12 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 2.13 RIGHT TO INSPECT PLACE OF BUSINESS

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

SEC. 2.14 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 are subject to inspection, evaluation, and approval by the State. The State may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract. The State may instruct the Contractor to make corrections or modifications if needed in order to accomplish the contract’s intent.

The Contractor will not unreasonably withhold such changes.

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

SEC. 2.15 EQUIPMENT INSPECTION

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

SEC. 2.16 NEW EQUIPMENT

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

SEC. 2.17 REMANUFACTURED/RECONDITIONED EQUIPMENT

Not applicable for this ITB.

SEC. 2.18 PARTS BOOK(S) AND MAINTENANCE MANUAL(S)

Parts books and maintenance manuals must be provided at the same time that the equipment is delivered. The cost of the parts book(s) and maintenance manual(s) must be included in the bid price of the equipment.

SEC. 2.19 F.O.B. POINT

Not applicable for this ITB.

SEC. 2.20 WARRANTY

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

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

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

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

SEC. 2.21 LEMON CLAUSE

This clause applies to all equipment purchased through this contract. The application period is one year from the date of purchase. This clause takes precedence over any other warranty or service maintenance clauses associated with this contract.

Any equipment that fails (except for due to operator error) to operate according to the manufacturer's published performance specifications and/or is subject to recurring related problems must be replaced with the same make and model of new equipment at no cost to the state.

SEC. 2.22 DISCONTINUED ITEMS

Not applicable for this ITB.

SEC. 2.23 LIQUIDATED DAMAGES

Not applicable for this ITB.

SEC. 2.24 SHIPPING DAMAGE

Not applicable for this ITB.

SEC. 2.25 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 with 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. 2.26 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. 2.27 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. 2.28 ESTIMATED QUANTITIES

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

SEC. 2.30 INDEMNIFICATION

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

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

SEC. 2.31 INSURANCE

Without limiting Contractor's indemnification, it is agreed that Contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the Contractor's policy contains higher limits, the State shall be entitled to coverage to the extent of such higher limits.

Certificates of Insurance must be furnished to the Procurement Officer prior to beginning work and must provide a notice of cancellation, non-renewal, or material change of conditions in accordance with policy provisions. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for termination of the Contractor's services. All insurance policies shall comply with and be issued by insurers licensed to transact the business of insurance under AS 21.

Proof of insurance is required for the following:

• Workers' Compensation Insurance: The Contractor shall provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045, and where applicable, any other statutory obligations including but not limited to Federal U.S.L. & H. and Jones Act requirements. The policy must waive subrogation against the State.

• Commercial General Liability Insurance: covering all business premises and operations used by the Contractor in the performance of services under this agreement with minimum coverage limits of $300,000.00 combined single limit per occurrence.

• Commercial Automobile Liability Insurance: covering all vehicles used by the Contractor in the performance of services under this agreement with minimum coverage limits of $300,000.00 combined single limit per occurrence.

SECTION 3. BID FORMAT AND CONTENT

SEC. 3.01 BID FORMS

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

BIDDER'S CERTIFICATION

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

A. the laws of the State of Alaska;

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

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

D. the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the state and federal government and certifies that programs, services, and activities provided to the general public on behalf of the State under a contract resulting from this solicitation comply with the Americans with Disabilities Act of 1990, 28 CFR, Part 35, Subpart B 35.130;

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

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

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

If any bidder fails to comply with [A] through [G] of this paragraph, the State reserves the right to disregard the bid, terminate the contract, or consider the Contractor in default.

CONFLICT OF INTEREST

Each bid shall include a statement indicating whether the company or any individuals working on the contract has a possible conflict of interest (e.g., currently employed by the State of Alaska or formerly employed by the State of Alaska within the past two years) and, if so, the nature of that conflict. The Procurement Officer reserves the right to consider a bid non-responsive and reject it or cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the contract to be performed by the bidder.

SEC. 3.02 BID BOND – PERFORMANCE BOND – SURETY DEPOSIT

SEC. 3.03 PRICES

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

SECTION 4. EVALUATION AND CONTRACTOR SELECTION

SEC. 4.01 EVALUATION OF BIDS

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

SEC. 4.02 APPLICATION OF PREFERENCES

Certain preferences apply to all State contracts, regardless of their dollar value. The Alaska Bidder and Alaska Veteran preferences are the most common preferences involved in the ITB process. Additional preferences that may apply to this procurement are listed below.

Guides that contain excerpts from the relevant statutes and codes explain when the preferences apply and provide examples of how to calculate the preferences are available at the following website:

Application Of Preferences

• Alaska Military Skills Program Preference – AS 36.30.321(l)

• Alaska Products Preference - AS 36.30.332

• Recycled Products Preference - AS 36.30.337

• Local Agriculture and Fisheries Products Preference - AS 36.15.050

• Employment Program Preference - AS 36.30.321(b)

• Alaskans with Disabilities Preference - AS 36.30.321(d)

The Division of Vocational Rehabilitation in the Department of Labor and Workforce Development keeps a list of qualified employment programs and individuals who qualify as persons with a disability. As evidence of a business’ or an individual's right to the Employment Program or Alaskans with Disabilities preferences, the Division of Vocational Rehabilitation will issue a certification letter. To take advantage of these preferences, a business or individual must be on the appropriate Division of Vocational Rehabilitation list prior to the time designated for receipt of bids. Bidders must attach a copy of their certification letter to the bid. A bidder’s failure to provide this certification letter with their bid will cause the state to disallow the preference.

SEC. 4.03 ALASKA BIDDER PREFERENCE

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

https://oppm.doa.alaska.gov/media/1453/pref1.pdf

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

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

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

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

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

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

SEC. 4.04 ALASKA VETERAN PREFERENCE

An Alaska Veteran Preference of 5%, not to exceed $5,000.00, will be applied to the total bid price. The preference will be given to a bidder who qualifies under AS 36.30.990(2) as an Alaska Bidder and is a:

A. sole proprietorship owned by an Alaska veteran;

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

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

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

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

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

SEC. 4.05 ALASKA MILITARY SKILLS PROGRAM PREFERENCE

An Alaska Military Skills Program Preference of 2%, not to exceed $5,000.00, will be applied to the price in the bid. The preference will be given to an offeror who qualifies under AS 36.30.990(2) as an Alaska bidder and:

a) Employs at least one person who is currently enrolled in, or within the previous two years graduated from, a United States Department of Defense SkillBridge or United States Army career skills program for service members or spouses of service members that offers civilian work experience through specific industry training, pre-apprenticeships, registered apprenticeships, or internships during the last 180 days before a service member separates or retires from the service; or

b) has an active partnership with an entity that employs an apprentice through a program described above.

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

Alaska Military Skills Program Preference Certification To receive the Alaska Military Skills Program Preference, the bid must include the Alaska Bidder Preference Certification Form attached to this ITB. A bidder's failure to provide this completed form with their bid will cause the State to disallow the preference.

In addition, proof of graduation of the qualifying employee from an eligible program as described in AS 36.30.321(l) must be provided to the Procurement Officer at time of bid submission. Bidders must provide clarification or additional information requested by the Procurement Officer related to the preference not later than 5:00 PM Alaska Time one (1) business day following the date of the request. Failure to provide sufficient documentation will result in the bidder not receiving the Military Skills Program Preference.

SEC. 4.06 USE OF LOCAL FOREST PRODUCTS

Not applicable for this ITB.

SEC. 4.07 LOCAL AGRICULTURAL AND FISHERIES PRODUCT

PREFERENCE

SEC. 4.08 ALASKA PRODUCT PREFERENCE

Not applicable for this ITB.

SEC. 4.09 EMPLOYMENT PROGRAM PREFERENCE

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

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

SEC. 4.10 ALASKANS WITH DISABILITIES PREFERENCE

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

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

SEC. 4.11 PREFERENCE QUALIFICATION LETTER

Regarding the Employment Program Preference and the Alaskans with Disabilities Preference, the Division of Vocational Rehabilitation in the Department of Labor and Workforce Development maintains lists companies who qualify for those preferences. As evidence of a company’s right to the preferences, the Division of Vocational Rehabilitation will issue a certification letter. To take advantage of the preferences, a bidder must be on the appropriate Division of Vocational Rehabilitation list at the time the bid is opened and must attach a copy of their certification letter to their bid. The bidder's failure to provide this certification letter with their bid will cause the State to disallow the preference.

SEC. 4.12 EXTENSION OF PRICES

In case of error in the extension of prices in the bid, the unit prices will govern; in a lot bid, the lot prices will govern.

SEC. 4.13 METHOD OF AWARD

Award will be made by lot to the lowest responsive and responsible bidder. There are two lots. To be considered responsive for a lot, bidders must bid on all items within that lot.

SEC. 4.14 CONTRACTOR SELECTION PROCESS

SEC. 4.15 NOTICE OF INTENT TO AWARD

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

Bidders identified as the apparent low responsive bidders are instructed not to proceed until a Purchase Order, Contract Award, Lease, or some other form of written notice is given by the Procurement Officer. A company or person who proceeds prior to receiving a Purchase Order, Contract Award, Lease, or some other form of written notice from the Procurement Officer does so without a contract and at their own risk.

SECTION 5. GENERAL PROCESS AND LEGAL INFORMATION

SEC. 5.01 INFORMAL DEBRIEFING

When the contract is completed, an informal debriefing may be performed at the discretion of the Procurement Officer. If performed, the scope of the debriefing will be limited to the products provided or work performed by the Contractor.

SEC. 5.02 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES

Prior to the award of a contract, a bidder must hold a valid Alaska business license.

However, to receive the Alaska Bidder Preference and other related preferences, such as the Alaska Veteran Preference and Alaskans with Disabilities Preference, a bidder must hold a valid Alaska business license prior to the deadline for receipt of bids. Bidders should contact the Department of Commerce, Community and Economic Development, Division of Corporations, Business, and Professional Licensing, PO Box 110806, Juneau, Alaska 99811-0806, for information on these licenses. Acceptable evidence that the bidder possesses a valid Alaska business license may consist of any one of the following:

• copy of an Alaska business license,

• certification on the bid that the bidder has a valid Alaska business license and has included the license number in the bid,

• a canceled check for the Alaska business license fee,

• a copy of the Alaska business license application with a receipt stamp from the state's occupational licensing office, or

• a sworn and notarized statement that the bidder has applied and paid for the Alaska business license.

You are not required to hold a valid Alaska business license at the time bids are opened if you possess one of the following licenses and are offering services or supplies under that specific line of business:

• fisheries business licenses issued by the Alaska Department of Revenue or Alaska Department of Fish and Game,

• liquor licenses issued by the Alaska Department of Revenue for alcohol sales only,

• insurance licenses issued by the Alaska Department of Commerce, Community and Economic Development, Division of Insurance, or

• Mining licenses issued by the Alaska Department of Revenue.

Prior to the deadline for receipt of bids, all bidders must hold any other necessary applicable professional licenses required by Alaska Statute.

SEC. 5.03 AUTHORITY

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

SEC. 5.04 COMPLIANCE

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

SEC. 5.05 SUITABLE MATERIALS, ETC.

Unless otherwise specified in this ITB, all materials, supplies or equipment offered by a bidder shall be new, unused, and of the latest edition, version, model, or crop and of recent manufacture.

SEC. 5.06 SPECIFICATIONS

Unless otherwise specified in this ITB, product brand names or model numbers specified in this ITB are examples of the type and quality of product required and are not statements of preference. If the specifications describing an item conflict with a brand name or model number describing the item, the specifications govern. Reference to brand name or number does not preclude an offer of a comparable or better product, if full specifications and descriptive literature are provided for the product. Failure to provide such specifications and descriptive literature may be cause for rejection of the offer.

SEC. 5.07 BRAND SPECIFIC

Not applicable for this ITB.

SEC. 5.08 ITEM UPGRADES

The State reserves the right to accept upgrades to models on the basic contract when the upgrades improve the way the equipment operates or improve the accuracy of the equipment. Such upgraded items must be at the same price as the items in the basic contract.

SEC. 5.09 WORKMANSHIP AND MATERIALS

All work must be performed in a thorough and workmanlike manner and in accordance with current industry practices. The Contractor will be held responsible for the quality of the service, maintenance, and inspections. Service, maintenance, and inspections that are improperly done will be redone by the Contractor, at the Contractor's risk and expense.

SEC. 5.10 CONTRACTOR SITE INSPECTION

The State may conduct on-site visits to evaluate the bidder's capacity to perform the…