ITB 2025-1200-0074A - Stimson Shipyard Repairs.pdf

STATE OF ALASKA

INVITATION TO BID (ITB)

P/V STIMSON SHIPYARD REPAIRS

ITB 2025-1200-0074A

ISSUED DECEMBER 9, 2024

PROVIDE SHIPYARD REPAIRS FOR PATROL VESSEL STIMSON SPRING 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 PUBLIC SAFETY

DIVISION OF ADMINISTRATIVE SERVICES COMPANY SUBMITTING BID

AUTHORIZED SIGNATURE

PROCUREMENT OFFICER:

JASON MONKELIEN PRINTED NAME

PHONE: (907) 269-5582

EMAIL: JASON.MONKELIEN@ALASKA.GOV DATE

TABLE OF CONTENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

SEC. 1.02 BUDGET

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

SEC. 1.04 PRIOR EXPERIENCE

SEC. 1.05 REQUIRED REVIEW

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

SEC. 1.07 SITE INSPECTION

SEC. 1.08 RETURN INSTRUCTIONS

SEC. 1.09 ASSISTANCE TO BIDDERS WITH A DISABILITY

SEC. 1.10 AMENDMENTS TO BIDS

SEC. 1.11 AMENDMENTS TO THE ITB

SEC. 1.12 ITB SCHEDULE

SEC. 1.13 ALTERNATE BIDS

SEC. 1.14 SUPPORTING INFORMATION

SEC. 1.15 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 PERIOD

SEC. 2.04 CONTRACT EXTENSION

SEC. 2.05 CONTRACT TYPE

SEC. 2.06 PAYMENT FOR STATE PURCHASES

SEC. 2.07 CONTRACT ADMINISTRATION

SEC. 2.08 CONTRACT PERFORMANCE LOCATION

SEC. 2.09 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

SEC. 2.10 SUBCONTRACTORS

SEC. 2.11 JOINT VENTURES

SEC. 2.12 RIGHT TO INSPECT PLACE OF BUSINESS

SEC. 2.13 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

SEC. 2.14 EQUIPMENT INSPECTION

SEC. 2.15 NEW EQUIPMENT

SEC. 2.16 REMANUFACTURED/RECONDITIONED EQUIPMENT

SEC. 2.17 ARRIVAL AT CONTRACTOR’S FACILITY AND DELIVERY

SEC. 2.18 REQUIREMENTS

SEC. 2.19 QUALITY ASSURANCE

SEC. 2.20 CONDITION FOUND REPORTS

SEC. 2.21 WORK STANDARDS

SEC. 2.22 ENVIROMENTAL PROTECTION

SEC. 2.23 VESSEL CREW WORKING ONBOARD VESSEL

SEC. 2.24 MATERIAL HANDLING

SEC. 2.25 OWNER FURNISHED EQUIPMENT

SEC. 2.26 PRICE DECREASES

SEC. 2.27 PARTS BOOKS AND MAINTENANCE MANUALS

SEC. 2.28 PRE-BID SITE INSPECTION

SEC. 2.29 PARTS

SEC. 2.30 COMPLETION OF SERVICE

SEC. 2.31 SERVICE TECHNICIAN QUALIFICATIONS

SEC. 2.32 SHIPPING DAMAGE

SEC. 2.33 CONTRACT CHANGES – UNANTICIPATED AMENDMENTS

SEC. 2.34 CONTINUING OBLIGATION OF CONTRACTOR

SEC. 2.35 BILLING INSTRUCTIONS

SEC. 2.36 WARRANTY

SEC. 2.37 NONDISCLOSURE AND CONFIDENTIALITY

SEC. 2.38 INDEMNIFICATION

SEC. 2.39 INSURANCE

SECTION 3. BID FORMAT AND CONTENT

SEC. 3.01 BID FORMS

SEC. 3.02 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 EMPLOYMENT PROGRAM PREFERENCE

SEC. 4.07 ALASKANS WITH DISABILITIES PREFERENCE

SEC. 4.08 PREFERENCE QUALIFICATION LETTER

SEC. 4.09 EXTENSION OF PRICES

SEC. 4.10 METHOD OF AWARD

SEC. 4.11 CONTRACTOR SELECTION PROCESS

SEC. 4.12 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 ITEM UPGRADES

SEC. 5.08 WORKMANSHIP AND MATERIALS

SEC. 5.09 CONTRACTOR SITE INSPECTION

SEC. 5.10 ORDER DOCUMENTS

SEC. 5.11 HUMAN TRAFFICKING

SEC. 5.12 RIGHT OF REJECTION

SEC. 5.13 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SEC. 5.14 DISCLOSURE OF BID CONTENTS

SEC. 5.15 ASSIGNMENTS

SEC. 5.16 FORCE MAJEURE (IMPOSSIBILITY TO PERFORM)

SEC. 5.17 DEFAULT

SEC. 5.18 DISPUTES

SEC. 5.19 SEVERABILITY

SEC. 5.20 CONTRACT CANCELLATION

SEC. 5.21 GOVERNING LAW; FORUM SELECTION

SEC. 5.22 QUALIFIED BIDDERS

SEC. 5.23 FEDERALLY IMPOSED TARIFFS

SEC. 5.24 PROTEST

SECTION 6. ATTACHMENTS

SEC. 6.01 ATTACHMENTS

SECTION 1. INTRODUCTION & INSTRUCTIONS

SEC. 1.01 PURPOSE OF THE ITB

The Department of Public Safety, Division of Administrative Services, on behalf of the Vessel Section, is soliciting bids for Patrol Vessel (P/V) Stimson to have standard repairs completed at a dry-dock shipyard. Additional scope of work is included in Section 2.01 Scope of Work.

SEC. 1.02 BUDGET

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

SEC. 1.03 DEADLINE FOR RECEIPT OF BIDS

Bids must be received no later than 1:30 p.m. Alaska Time on December 16, 2024, at which time they will be publicly opened. Late bids or amendments will be considered non-responsive and will not be opened or accepted for evaluation.

SEC. 1.04 PRIOR EXPERIENCE

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

• Have at least five years of industry experience in shipyard repairs.

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

SEC. 1.05 REQUIRED REVIEW

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

SEC. 1.06 QUESTIONS PRIOR TO DEADLINE FOR RECEIPT OF BIDS

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

SEC. 1.07 SITE INSPECTION

Potential bidders are encouraged to visit the work site so that they can see the conditions under which the work described in this ITB will be performed. The bidder's failure to visit the work site will in no way relieve the bidder of the responsibility of performing the work in strict compliance with the true intent and meaning of the terms, conditions, and specifications of this ITB. The site may be inspected by contacting Ray Streitmatter – Boat Officer 4 at (907) 891-7735.

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 1.06.

SEC. 1.08 RETURN INSTRUCTIONS

Bidders must submit one complete copy of their bid via email. The bid must be emailed to dps.das.solicitations@alaska.gov and must contain the ITB number in the subject line of the email. The maximum size of a single email (including all text and attachments) that can be received by the state is 20mb (megabytes).

If the email containing the bid exceeds this size, the bid must be sent in multiple emails that are each less than 20 megabytes and each email must comply with the requirements described above.

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

It is the bidder’s responsibility to contact the issuing agency at (907) 269-5582 to confirm that the entire bid has been received. The state is not responsible for unreadable, corrupt, or missing attachments.

SEC. 1.09 ASSISTANCE TO BIDDERS WITH A DISABILITY

Bidders with a disability may receive accommodation regarding the means of communicating this ITB or participating in the procurement process. For more information, contact the procurement officer no later than ten days prior to the deadline for receipt of bids.

SEC. 1.10 AMENDMENTS TO BIDS

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

AAC 12.160.

SEC. 1.11 AMENDMENTS TO THE ITB

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

SEC. 1.12 ITB SCHEDULE

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

ACTIVITY TIME DATE

Issue Date / ITB Released December 9, 2024 Deadline for Receipt of Bids / Bid Due Date 1:30 p.m. AKST December 16, 2024 Bid Evaluations Complete December 20, 2024 Notice of Intent to Award December 23, 2024 Contract Issued January 3, 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 Public Safety, or the Commissioner's designee. Upon written notice to the contractor, the state may set a different starting date for the contract. The state will not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the state.

SEC. 1.13 ALTERNATE BIDS

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

SEC. 1.14 SUPPORTING INFORMATION

Provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the state reserves the right to request supplemental information from the bidder, after the bids have been opened, 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. 1.15 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

All requirements in Attachment One - Technical Specifications for Scope of Work shall be completed in their entirety and reviewed and approved by DPS authorized staff before work is considered completed.

PRE-SHIPYARD MEETING: The contractor and Owner’s Representative shall conduct a meeting immediately after the P/V Stimson arrives at the contractor’s facility to:

1. Identify the Owner’s Representative,

2. Discuss the work to be covered

At this meeting the contractor shall identify the designated Vessel’s “Superintendent”. The Owner shall provide the contractor with amount of fuel, lube oil, water, and other weights stowed aboard the P/V Stimson at the planned pre-shipyard meeting.

PROGRESS MEETINGS: The contractor and Owner’s Representative shall conduct a progress meeting at a mutually agreed upon time each week during the contract period. At these meetings the contractor shall present their schedule to complete all work tasks and give a brief progress report on each Task. At this time all coordination, interferences, and quality issued shall be resolved.

The contractor shall supplement the weekly meetings with a brief daily meeting with the Owner’s Representative.

The contractor’s project Superintendent shall meet with the Owner’s Representative daily to briefly discuss:

1. That day’s work plan,

2. Any problems,

3. Any required coordinating between vessel and contractor personnel.

SEC. 2.02 CONTRACT TERM

The length of the contract will be from the date of award, approximately January 3, 2025, until completion, but no later than May 30, 2025. The P/V Stimson will be available for repairs approximately April 7, 2025, to May 30, 2025.

SEC. 2.03 CONTRACT PERIOD

For the purposes of this specification, the contract period shall be considered to start on the date the vessel arrive at the contractor’s facility until the vessel is re-delivered to the owner.

SEC. 2.04 CONTRACT EXTENSION

Unless otherwise provided in this ITB, the state and the successful bidder/contractor agree: (a) 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 the full force and effect and (2) the procurement office will provide written notice to the contractor of the intent to cancel the month-to-month extension at least thirty days before the date of cancellation. A month-to-month extension may only be executed by the procurement office via a written amendment.

SEC. 2.05 CONTRACT TYPE

This contract is a Firm Fixed Price contract.

SEC. 2.06 PAYMENT FOR STATE PURCHASES

No payment will be made until the contract is approved by the Commissioner of the Department of Public Safety 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 local, state, or federal taxes. All costs associated with the contract must be stated in U.S. currency.

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

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

SEC. 2.07 CONTRACT ADMINISTRATION

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

SEC. 2.08 CONTRACT PERFORMANCE LOCATION

The location the work is to be performed, completed, and managed is at the contractor’s place of business. Due to geographic limitations, DPS will only sail the vessel to the contractor’s place of business that must be in Alaska or Washington. The vessel will be available for official entrance into the contractor’s facility on April 7, 2024, or a date mutually agreed upon by both parties. The arrival date at the contractor’s facility depends on the location of the facility and the weather encountered en route.

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

Travel 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. 2.09 THIRD-PARTY FINANCING AGREEMENTS NOT ALLOWED

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

SEC. 2.10 SUBCONTRACTORS

Subcontractors 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.

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. 2.11 JOINT VENTURES

Joint ventures will not be allowed.

SEC. 2.12 RIGHT TO INSPECT PLACE OF BUSINESS

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

SEC. 2.13 INSPECTION & MODIFICATION - REIMBURSEMENT FOR UNACCEPTABLE

DELIVERABLES

The contractor is responsible for providing all products or the completion of all work set out in the contract. All products or work is subject to inspection, evaluation, and approval by the state. The state may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract.

The state may instruct the contractor to make corrections or modifications if needed in order to accomplish the contract’s intent. The contractor will not unreasonably withhold such changes.

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

SEC. 2.14 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. 2.15 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. 2.16 REMANUFACTURED/RECONDITIONED EQUIPMENT

Remanufactured/reconditioned is acceptable provided it meets the requirements of this clause and the requirements of the rest of this ITB. Remanufactured/reconditioned equipment is defined as used equipment that has been remanufactured/ reconditioned and restored to new condition. All remanufactured/reconditioned equipment must have the same warranty as new equipment.

SEC. 2.17 ARRIVAL AT CONTRACTOR’S FACILITY AND DELIVERY

Where state law requires, bidders shall include the cost of delivery fees in International waters. Where delivery to International waters is unavailable and a state tax for the shipyard must be imposed, the bidder shall provide the tax rate based on the summary of the items listed in the Bid Schedule.

It is expected that the bidder will include in the Bid Schedule any state taxes that may apply to this shipyard project. There are no state taxes applicable in Alaska. Any taxes would be based on the tax percentage requirement compared to the total of the bid cost to meet the requirements of this ITB and Technical Specifications as written and clarified.

If there is a state tax that applies and the contactor chooses to re-deliver the vessel in International waters to forego taxation, it is expected that the bidder will include the cost of the re-delivery in lieu of taxes.

If there are no taxes or re-delivery fees, it is expected that the bidder will not apply any costs for this item in the bid.

The vessel is available to depart the homeport of Kodiak, Alaska on April 7, 2025. The anticipated arrival date at the contractor’s facility will be mutually agreed upon by both parties. The vessel will be available for official entrance into the contractor’s facility at a date to be determined after the location of work is identified and pending weather en route.

The bidder shall carefully review all scope of work and technical specifications outlined in this ITB and attachments for this shipyard project. The bidder shall allow for the need to double shift the shipyard crew and possibly work through weekends to complete this work on time.

If a change order is required during the shipyard period or additional work causes the re-delivery date of the vessel to change, the contractor shall justify the delay by notifying the owner in writing using a change order. The correspondence shall state the following:

1. Change order cause

2. Change order effect

3. New delivery date of vessel

Any change order shall be approved by the Director’s office prior to commencement of any work.

SEC. 2.18 REQUIREMENTS

The successful bidder shall supply all labor, materials, and facilities to provide services as described in the scope of work and technical specifications of this ITB. This includes all ancillary support of tasks such as tank cleaning, gas freeing of space, disposal of waste, access (such as scaffolding), and protection of adjacent surfaces or equipment.

SEC. 2.19 QUALITY ASSURANCE

The designated contractor’s superintendent shall oversee all phases of the work outlined in this ITB and Technical Specifications.

SEC. 2.20 CONDITION FOUND REPORTS

The contractor shall provide written documentation of any and all readings and measurements taken and any abnormalities concerning all Tasks with a “Condition Found Report”. With abnormalities found, a written correction and firm price quote shall be moted on the report.

Summary reports shall be used to document all contractor Tasks completed during the shipyard period. A summary report shall be generated after each Task is completed and signed by contractor and owner.

SEC. 2.21 WORK STANDARDS

All work shall be done in accordance with normal marine practices for a vessel of its size and service. All state and federal rules and regulations shall be followed accordingly. The vessel follows the USCG standard for Uninspected Fishing Vessels. ABS and/or rules apply for hull and machinery repairs.

SEC. 2.22 ENVIROMENTAL PROTECTION

The contractor shall provide and maintain all environmental protection to meet local, state, and deferral requirement for all work specified in the contract that results for this ITB and Technical Specifications. The contractor shall also provide environmental protection if it is required for painting, or for vendors, or for any other work items. Protection shall be in place during the entire shipyard period.

The cost for environmental protection shall be included in the cost for each work item. The owner will not pay for additional charges of environmental protection, unless they are clearly addressed in the contract, or they are the subject of a written and approved Change Order

SEC. 2.23 VESSEL CREW WORKING ONBOARD VESSEL

The contractor shall arrange and schedule the majority of the work in the contract so that the vessel’s crew may work onboard the vessel. The vessel crew will require:

1. Access to vessel

2. Adequate vessel habitability

3. Temporary vessel services, as defined in Technical Specifications for Scope of Work, to conduct their work

Contractor and owner’s representative shall coordinate activities to minimize interference between contractor and vessel crew. Contractor shall provide at least three days advance notice to the owner’s representative if the contactor requires the vessel crew to not work onboard the vessel.

SEC. 2.24 MATERIAL HANDLING

The contractor shall be responsible for the protection of the vessel and all vessel equipment, components, and material intended for use and/or to be installed aboard the vessel. This includes items removed from the vessel that will be re-installed on the vessel. Due consideration shall be given to the nature of the item during handling and storage. Materials shall be stored in accordance with the manufacturer’s instructions, including any specified temperature and humidity constraints. For example, electronic equipment should be stored in a temperature-controlled space. Skiffs or exterior equipment can be stored in an exterior location. Products stored in an exterior location shall be placed on blocking or skids to prevent soiling or staining.

All storage of vessel equipment shall occur in a secured location, with security appropriate for the equipment.

Easily handled and expensive equipment, such as electronics, shall be stored in a locked room. Stolen equipment shall be replaced by the contractor at no expense to the owner.

Where storage is not possible, contractor shall cover products or portions of the vessel subject to damage or deterioration with impervious sheet coverings and provide adequate ventilation to avoid condensation.

Installed materials shall be protected as necessary from damage resulting from natural elements, traffic, and subsequent construction. All materials, equipment, deck surfaces, bulkhead mounted items, carpeting/tile, and all painted surfaces shall specifically be protected by the contractors from welding and cutting, movement of workers through the space, and painting through the use of suitable blankets, hardboard, or thick plastic coatings. Protective measures shall be established by the contactor and approved by the owner.

The owner may reasonably reject any material and/or equipment improperly stored or handled. Material, equipment and surfaces damaged or otherwise marred shall be repaired or replaced by the contractor to the satisfaction of the owner without additional expense to the owner.

SEC. 2.25 OWNER FURNISHED EQUIPMENT

Machinery and equipment components to be furnished by the owner are listed in the various applicable sections in the ITB and attachments. The ITB and attachments will become part of the contract. The machinery and equipment components will be delivered to the contractor in time for orderly installation and refit of the vessel.

Owner-furnished material will be delivered or made available to the contractor at his place of business. For any and all owner furnished equipment and material, the contractor shall:

1. Receive

2. Transport

3. Inspect for transit damage

4. Check for agreement with bills of lading

5. Insure

6. Protect during construction

7. Provide secure storage for

8. Install aboard the vessel

An inventory of owner-furnished material, as received by the contractor, shall be provided weekly to the owner.

The cost of handling and placing all materials after they are delivered to the contractor shall be considered incidental to the contract price for the item in connection with which they are used and no separate payment will be made.

Owner-furnished machinery and equipment shall:

1. Be temporarily stored in the contractor’s warehouse until time of installation

2. Handled and stored in such a manner as to prevent damage from:

a. Careless handling

b. Exposure to elements or any other cause.

Electronic equipment shall be stored in a secure temperature-controlled environment.

The contractor shall be held responsible for all owner-furnished material delivered to them. The owner may reject for use on the project, any of the owner-furnished material or equipment improperly stored or handled by the contractor. Owner-furnished material or equipment damaged through improper storage or handling, or shortages or deficiencies in owner-furnished material or equipment, shall be properly remedied with new materials at the contractor’s expense.

SEC. 2.26 PRICE DECREASES

During the period of the contract all price decreases experienced by the contractor must be passed on to the state. A contractor's failure to strictly and faithfully adhere to this clause, within the time required, will be considered in breach of contract.

SEC. 2.27 PARTS BOOKS AND MAINTENANCE MANUALS

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

REQUIRED MANUALS AND HARDWARE: The items purchased are to be shipped complete with the instructions and hardware required for installation. An operator’s manual, maintenance manual, and a maintenance schedule must be included with each item when it is delivered. The cost of the installation hardware and the manuals is to be included in the bid price of the equipment.

SEC. 2.28 PRE-BID SITE INSPECTION

A bidder may request a pre-bid site inspection of the vessel. Approval of the pre-bid inspection request is contingent upon existing schedule operations and availability of the owner’s representative or designee.

Approved pre-bid site inspections can occur based on availability of the vessel and owner’s representative or designee.

The unavailability of the vessel for a pre-bid site inspection will in no way relieve the bidder of the responsibility of performing the work in strict compliance and the true intent and meaning of the terms, conditions and specifications of this ITB. The bidder must contact the procurement officer listed in this ITB to request a pre-bid site inspection. The procurement officer will notify the owner’s representative or designee of the request and communicate the response to the bidder.

The owner’s representative or designee for the approved site visit is only empowered to allow bidders to view the worksite. All questions that arise from the bidders must be directed to the procurement officer in writing.

The owner’s representative or designee at the site visit cannot and will not answer bidder’s questions regarding the work to be performed under this ITB or the terms, conditions and specifications of the ITB.

SEC. 2.29 PARTS

Only parts designed for the purpose they are being used, and warranted as new, may be used in the repair of state equipment.

SEC. 2.30 COMPLETION OF SERVICE

The service will not be complete, and the equipment will not be considered serviced, repaired, or acceptable until it performs in compliance with the manufacturer’s published performance specifications and the owner’s representative satisfaction.

SEC. 2.31 SERVICE TECHNICIAN QUALIFICATIONS

Bidders must provide evidence of qualifications of service technicians prior to service on any equipment that requires the expertise of a specific service technician. This evidence of qualifications must be provided to the owner’s representative.

Bidders must provide evidence that the person performing the service work is a manufacturer's authorized service technician; or the bidder may provide evidence that they have contracted with a manufacturer's authorized service technician to perform the service work.

Acceptable evidence of the service technician's competence may take the form of a letter or certificate, signed by an authorized officer of the manufacturer, that the service technician has been trained and authorized by the manufacturer to provide manufacturer's authorized warranty service.

The bidder’s failure to provide the evidence mentioned above, within the time required by the state, may cause the state to consider the bid non-responsive and reject the bid.

SEC. 2.32 SHIPPING DAMAGE

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

SEC. 2.33 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. 2.34 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. 2.35 BILLING INSTRUCTIONS

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

1. Contract Number

2. Itemized list of what the invoice represents.

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. 2.36 WARRANTY

The contractor warrants every unit purchased against faulty materials and workmanship for a minimum period of at least one year or the standard industry warranty for materials and workmanship, whichever is longer. 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. 2.37 NONDISCLOSURE AND CONFIDENTIALITY

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

Confidential information, as used herein, means any data, files, software, information or materials (whether prepared by the state or its agents or advisors) in oral, electronic, tangible or intangible form and however stored, compiled or memorialized that is classified confidential as defined by State of Alaska classification and categorization guidelines provided by the state to the contractor or a contractor agent or otherwise made available to the contractor or a contractor agent in connection with this contract, or acquired, obtained or learned by the contractor or a contractor agent in the performance of this contract. Examples of confidential information include, but are not limited to technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data (infrastructure, architecture, operating systems, security tools, IP addresses, etc.).

If confidential information is requested to be disclosed by the contractor pursuant to a request received by a third party and such disclosure of the confidential information is required under applicable state or federal law, regulation, governmental or regulatory authority, the contractor may disclose the confidential information after providing the state with written notice of the requested disclosure ( to the extent such notice to the state is permitted by applicable law) and giving the state opportunity to review the request. If the contractor receives no objection from the state, it may release the confidential information within 30 days. Notice of the requested disclosure of confidential information by the contractor must be provided to the state within a reasonable time after the contractor’s receipt of notice of the requested disclosure and, upon request of the state, shall seek to obtain legal protection from the release of the confidential information.

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. 2.38 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. 2.39 INSURANCE

Without limiting the contractor's indemnification, it is agreed that the contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits.

If the contractor's policy contains higher limits, the state shall be entitled to coverage to the extent of such higher limits.

Certificates of Insurance must be furnished to the procurement officer prior to contract approval and must provide for a notice of cancellation, non-renewal, or material change of conditions in accordance with policy provisions.

Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for termination of the contractor's services. All insurance policies shall comply with and be issued by insurers licensed to transact the business of insurance under AS 21.

Proof of insurance is required for the following:

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

• Commercial General Liability Insurance: covering all business premises and operations used by the contractor in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per occurrence.

• Commercial Automobile Liability Insurance: covering all vehicles used by the contractor in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per occurrence.

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:

B. the laws of the State of Alaska;

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

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

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

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

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

H. 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 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:

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

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

SEC. 4.03 ALASKA BIDDER PREFERENCE

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

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

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

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

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…